H. B. 4336


(By Delegate Shook)
[Introduced January 30, 2008; 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 §16-2B-5, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing a penalty for same.

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 §16-2B-5, to read as follows:
ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.
§16-2B-5. Abortions to be performed by licensed physician.

(a) Only a physician licensed to practice in this state may perform an abortion.
(b) Nothing in this section shall be construed or interpreted to endorse, allow, permit or approve of any abortion.
(c) Any person convicted of violating the provisions of subsection (a) of this section, is subject to a fine of not less than one thousand dollars and not more than five thousand dollars, imprisonment for not less than six months and not more than one year, or both fined and imprisoned.



NOTE: The purpose of this bill is to prohibit persons who are not licensed physicians from performing an abortion in this state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.