H. B. 4356
(By Delegate Reynolds)
[Introduced January 31, 2008; 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 allowing a hospital physician to decline performing an
abortion when a mother's life is not in imminent danger.
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. No
physician employed at a hospital licensed under article five-b of this chapter
shall be required to perform any abortion, except in case of a medical
emergency, when the life of the mother is in imminent danger. 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 female shall certify in writing, prior to the abortion, that the
information described in subsections (a) and (b) 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) 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) of this section.
NOTE: The purpose of this bill is to allow a hospital physician to decline
performing an abortion when a mother's life is not in imminent danger.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.