H. B. 2193
(By Delegate Howard)
[Introduced February 10, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §33-42-3 of the code of West Virginia, 1931, as
amended, relating to providing when any body part of an unborn child is
outside the mother's womb, the child is born, and is considered a citizen of
the State with same rights and privileges under the law as any other citizen.
Be it enacted by the Legislature of West Virginia:
That §33-42-3 of the code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-3. Definitions.
For purposes of this article:
(1) "Advanced nurse practitioner" means a certified
nurse-midwife, or an advanced nurse practitioner certified to practice in family
practice, women's health (ob/gyn), or primary care adult, geriatric or pediatric
practice, practicing within the lawful scope of that provider's
practice.
(2) "Born" means once any body part of any child is outside
the mother's womb, that child is considered born, and is protected under the
laws as a citizen of West Virginia, with full rights and privileges of
citizenship.
(2)(3) "Health benefits policy"
means any individual or group plan, policy or contract for health care services
issued, delivered, issued for delivery or renewed in this State by a health care
corporation, health maintenance organization, accident and sickness insurer,
fraternal benefit society, nonprofit hospital service corporation, nonprofit
medical service corporation or similar entity, when the policy or plan covers
hospital, medical or surgical expenses.
(3) (4) "Partial-birth abortion" means
an abortion in which the person performing the abortion partially vaginally
delivers a living fetus before killing the fetus and completing the delivery.
(4) (5) "Physician performing a
partial-birth abortion" means a doctor of medicine or osteopathy legally
authorized to practice medicine and surgery in West Virginia, or any other
individual who is legally authorized by the State to perform abortions: Provided,
That any individual who is not a physician or not otherwise legally authorized
by the State to perform abortions, but who nevertheless directly performs a
partial-birth abortion, is subject to the provisions of this article.
(5) (6) "Vaginally delivers a living fetus
before killing the fetus" means deliberately and intentionally delivering
into the vagina a living fetus, or a substantial portion thereof, for the
purpose of performing a procedure that the physician or person delivering the
living fetus knows will kill the fetus, and kills the fetus.
(6) (7) "Women's health care provider"
means an obstetrician/ gynecologist, advanced nurse practitioner certified to
practice in women's health (ob/gyn), certified nurse-midwife or physician
assistant-midwife practicing within the lawful scope of that provider's
practice.
NOTE: The purpose of this bill is to provide when any body part of an unborn
child is outside the mother's womb, the child is born, and is considered a
citizen of the State with same rights and privileges under the law as any other
citizen.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.