H. B. 2029
(By Delegate Schadler)
[Introduced February 5, 2009; 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 §33-42-9, relating to ensuring that
medical workers have the right to refuse to participate in any
abortion-related activity without fear of disciplinary action or dismissal;
and prescribing criminal penalties for violations of the section.
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 §33-42-9, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Rights of medical workers in abortions.
A medical worker in any facility in which abortions are performed has an
absolute right to refuse to be involved in any abortion-related activity and may
not be disciplined or discharged for exercising this right. Any person who
violates the requirements of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $1,000.00 nor more than
$5,000.00. Nothing contained in this section may be construed or interpreted to
endorse, allow, permit or approve of any abortion.
NOTE: The purpose of this bill is to ensure that medical workers have the right
to refuse to participate in any abortion-related activity without fear of
disciplinary action or dismissal. The bill also prescribes a criminal fine for
violations of the section.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.