H. B. 2439
(By Delegate Miley)
[Introduced January 23, 2007; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as
amended, relating to language a doctor must give a woman before performing an
abortion regarding life of the fetus.
Be it enacted by the Legislature of West Virginia:
That §16-2I-2 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.
§16-2I-2. Informed consent.
No abortion may be performed in this state except with the voluntary and
informed consent of the female upon whom the abortion is to be performed. Except
in the case of a medical emergency, consent to an abortion is voluntary and
informed if, and only if:
(a) The female is told the following, by telephone or in person, by the
physician or the licensed health care professional to whom the
responsibility has been delegated by the physician who is to perform the
abortion at least twenty-four hours before the abortion:
(1) The particular medical risks associated with the particular abortion
procedure to be employed, including, when medically accurate, the risks of
infection, hemorrhage, danger to subsequent pregnancies and infertility;
(2) The probable gestational age of the embryo or fetus at the time the
abortion is to be performed; and
(3) The medical risks associated with carrying her child to term.
The information required by this subsection may be provided by telephone
without conducting a physical examination or tests of the patient, in which case
the information required to be provided may be based on facts supplied by the
female to the physician or other licensed health care professional to whom the
responsibility has been delegated by the physician and whatever other relevant
information is reasonably available to the physician or other licensed health
care professional to whom the responsibility has been delegated by the
physician. It may not be provided by a tape recording, but must be provided
during a consultation in which the physician or licensed health care
professional to whom the responsibility has been delegated by the physician is
able to ask questions of the female and the female is able to ask questions of the
physician or the licensed health care professional to whom the responsibility
has been delegated by the physician.
If a physical examination, tests or the availability of other
information to the physician or other licensed health care professional to whom
the responsibility has been delegated by the physician subsequently indicate, in
the medical judgment of the physician or the licensed health care professional
to whom the responsibility has been delegated by the physician, a revision of
the information previously supplied to the patient, that revised information may
be communicated to the patient at any time prior to the performance of the
abortion procedure.
Nothing in this section may be construed to preclude provision of
required information in a language understood by the patient through a
translator.
(b) The female is informed, by telephone or in person, by the
physician who is to perform the abortion, or by an agent of the physician, at
least twenty-four hours before the abortion procedure:
(1) That medical assistance benefits may be available for prenatal care,
childbirth and neonatal care through governmental or private entities;
(2) That the father, if his identity can be determined, is liable to
assist in the support of her child based upon his ability to pay even in
instances in which the father has offered to pay for the abortion; and
(3) That she has the right to review the printed materials described in
section three of this article, that these materials are available on a
state-sponsored website and the website address.
The physician or an agent of the physician shall orally inform the
female that the materials have been provided by the State of West Virginia and
that they describe the embryo or fetus and list agencies and entities which
offer alternatives to abortion.
If the female chooses to view the materials other than on the website,
then they shall either be provided to her at least twenty-four hours before the
abortion or mailed to her at least seventy-two hours before the abortion by
first class mail in an unmarked envelope.
The information required by this subsection may be provided by a tape
recording if provision is made to record or otherwise register specifically
whether the female does or does not choose to have the printed materials given
or mailed to her.
(c) The physician who is to perform the abortion shall, at least
twenty-four hours before the procedure is scheduled, inform the woman that human
life begins when a human ovum is fertilized by a human sperm. This information
shall be given in person and shall not be given by telephone or any other means.
(c) (d) The female shall certify in writing,
prior to the abortion, that the information described in subsections (a), and
(b) and (c) of this section has been provided to her and that
she has been informed of her opportunity to review the information referred to
in subdivision (3), subsection (b) of this section.
(d) (e) Prior to performing the abortion
procedure, the physician who is to perform the abortion or the physician's agent
shall obtain a copy of the executed certification required by the provisions of
subsection (c) (d) of this section.
NOTE: The purpose of this bill is to require language a doctor must give a woman
before performing an abortion regarding life of the fetus.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.