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Introduced Version House Bill 2263 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2263


(By Delegate Carmichael)
[Introduced January 13, 2010; 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 requiring medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement; 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. Requirement to conduct ultrasound to determine gestational age prior to abortion.

Prior to performing any abortion, a medical practitioner shall conduct an ultrasound study of the fetus in the womb in order to
estimate gestational age. The medical practitioner shall record the measurements obtained from the ultrasound study, record same in the medical record and provide his or her estimate of gestational age in the record as well. Any person who violates the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000. 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 medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement. 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.
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