H. B. 2085
(By Delegate Tansill)
[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 article, designated §16-2K-1, relating to granting authority to the
Bureau for Public Health the authority to inspect facilities providing
abortions at any time of day or night without a warrant and the authority to
make photocopies of all documents and records in the facility; and providing a
penalty for noncompliance.
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 article, designated §16-2K-1, to read as follows:
ARTICLE 2K. INSPECTION OF ABORTION CLINICS.
§16-2K-1. Inspection of abortion clinics.
Any facility performing an abortion in this state shall grant immediate access
to inspectors from the Bureau for Public Health, who shall have access to all
properties and areas, objects, records and reports of said facility. Inspectors
shall have authority to make photocopies of those documents required in the
course of inspections or investigations. This access shall not be limited to any
hours of the day, or days of the week. No court order is required for any
inspection by the Bureau for Public Health.
Violation of the terms of this section shall result in an immediate closing of
the facility in question for a period of at least three years, and a fine of not
less than five thousand dollars.
Nothing in this section shall be construed or interpreted to condone, permit,
allow or endorse any abortion.
NOTE: The purpose of this bill is to grant the Bureau for Public Health the
authority to inspect facilities where abortions are performed at any time during
the day or night, without a warrant and providing a penalty for noncompliance.
This article is new; therefore, strike-throughs and underscoring have been
omitted.