H. B. 2072


(By Delegate Hamilton and Romine)

[Introduced January 12, 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 the Department of Health and Human Resources; requiring the department to enforce specific abortion clinic regulations; and 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. Enforcement of abortion clinic regulations.

The West Virginia Department of Health and Human Resources shall enforce abortion clinic regulations requiring private space for counseling, dressing rooms, lavatory areas, hand washing
stations, private procedure rooms, adequate lighting and ventilation, examination tables and other fixed equipment, staffed and equipped recovery rooms, emergency exits for a stretcher or gurney, areas for cleaning and sterilizing instruments, storage of records and supplies, and the prominent display of state license. Any person who violates the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned in jail no less than six months nor more than one year, or both fined and imprisoned. 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 the Department of Health and Human Resources to enforce specific abortion clinic regulations. The bill also prescribes a criminal fine for violations of the section.

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