H. B. 3142
(By Delegates Eldridge and Romine)
[Introduced March 22, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §16-2F-6 of the Code of West Virginia, 1931, as
amended, relating to requiring physicians who perform abortions to report to
the Division of Health whether the male who impregnated the minor female
receiving the abortion was eighteen years or older at the time of the
impregnation.
Be it enacted by the Legislature of West Virginia:
That §16-2F-6 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON
UNEMANCIPATED MINORS.
§16-2F-6. Reporting requirements for physicians.
Any physician performing an abortion upon an unemancipated minor shall
provide the Department Division of Health a written
report of the procedure within thirty days after having performed the abortion.
The Department Division of Health
shall provide reporting forms for this purpose to all physicians and public
health facilities required to be licensed pursuant to article five-b of this
chapter. The following information, in addition to any other information which
may be required by the Department Division of
Health, regarding the minor receiving the abortion shall be included in such
reporting form:
(1) Age;
(2) Educational level;
(3) Previous pregnancies;
(4) Previous live births;
(5) Previous abortions;
(6) Complications, if any, of the abortion being reported;
(7) Reason for waiver of notification of the minor's parent or guardian, if such
notice was waived; and
(8) The city and county in which the abortion was performed; and
(9) Any case in which the minor female was impregnated by a person eighteen
years old or older at the time of impregnation: Provided, That nothing in
this section may be construed or interpreted to endorse, allow, permit or
approve of any abortion.
Any such report shall not contain the name, address or other information by
which the minor receiving the abortion may be identified.
NOTE: The purpose of this bill is to require physicians who perform abortions to
report to law enforcement the names and other identifiable information
concerning any male eighteen year olds or older who impregnated the minor
female.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.