H. B. 2057
(By Delegates Hamilton and Romine)
[Introduced February 11, 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 the Department of Health and
Human Resources; requiring the department to enforce specific abortion clinic
regulations; 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. Enforcement of abortion clinic regulations.
The West Virginia Department of Health and Human Resources shall enforce
abortion clinic regulations requiring private space for counseling, dressing
rooms, lavatory areas, hand washing stations, private procedure rooms,
adequate lighting and ventilation, examination tables and other fixed equipment,
staffed and equipped recovery rooms, emergency exits for a stretcher or gurney,
areas for cleaning and sterilizing instruments, storage of records and supplies,
and the prominent display of state license. 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 or
imprisoned in jail no less than six months nor more than one year, or both fined
and imprisoned. Nothing contained in this section may be construed to endorse,
allow, permit or approve of any abortion.
NOTE: The purpose of this bill is to require the
Department of Health and Human Resources to enforce specific abortion clinic
regulations. 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.