H. B. 2117


(By Delegate Tansill)

[Introduced January 15, 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 requiring that physicians who perform abortions must have staff privileges at a hospital within fifteen minutes travel time of the facility providing the abortion or that the facility have a working agreement between the facility and a hospital within fifteen minutes travel time; 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. REQUIRING ABORTION PROVIDERS HAVE RELATIONSHIP WITH HOSPITALS WITHIN FIFTEEN MINUTES TRAVEL TIME.

§16-2K-1. Requiring that abortion providers have relationship with
hospitals within fifteen minutes travel time.

A physician who performs any abortion shall have staff privileges at a hospital within fifteen minutes travel time from the facility in which the abortion is performed, or the facility shall show proof there is a working arrangement between the facility and a hospital within fifteen minutes travel time from the facility granting the admittance of patients for emergency treatment when necessary.
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 require that physicians who perform abortions must have staff privileges at a hospital within fifteen minutes travel time of the facility providing the abortion or that the facility have a working agreement between the facility and a hospital within fifteen minutes travel time; and provide a penalty for noncompliance.


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