H. B. 2031


(By Delegate Carmichael)

[Introduced January 11, 2007; referred to the

Committee on Health and Human Resources then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement; prescribing criminal penalties for violations of the section.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-42-9, to read as follows:

ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.

§33-42-9. Requirement to conduct ultrasound to determine gestational age prior to abortion.

Prior to performing any abortion, a medical practitioner shall conduct an ultrasound study of the fetus in the womb in order to estimate gestational age. The medical practitioner shall record the measurements obtained from the ultrasound study, record same in the medical record and provide his or her estimate of gestational age in the record as well. Any person who violates the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars. Nothing contained in this section may be construed or interpreted to endorse, allow, permit, or approve of any abortion.

NOTE: The purpose of this bill is to require medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement. The bill also prescribes a criminal fine for violations of the section.

This section is new; therefore, strike-throughs and underscoring have been omitted.