H. B. 2152
(By Delegates Hamilton, Louisos and Romine)
[Introduced February 10, 2005; 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
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
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 one thousand dollars nor more than five thousand dollars
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 or interpreted 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.