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Introduced Version House Bill 2393 History

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hb2393 intr
H. B. 2393


(By Delegates Hatfield, Doyle and Amores)

[Introduced February 16, 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 article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all relating to creating an emergency contraception education program within the Department of Health and Human Resources.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, be amended by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all to read as follows:

ARTICLE 42. EMERGENCY CONTRACEPTION EDUCATION ACT.

§16-42-1. Short title.

This article may be cited as the "Emergency Contraception Education Act."

§16-42-2. Findings.

The Legislature finds that:

(1) Each year, three million pregnancies in the United States are unintended. This is half of all pregnancies in the United States. Half of these unintended pregnancies end in abortion.

(2) Widespread use of emergency contraception could significantly reduce the incidence of unintended pregnancy in the United States.

(3) Emergency contraception has been proven to be eighty-nine percent effective in preventing pregnancy if taken within seventy-two hours of unprotected sexual intercourse or contraceptive failure.

(4) Emergency contraception prevents pregnancy by blocking ovulation, fertilization or implantation.

(5) Emergency contraception does not cause abortion and will not affect an established pregnancy.

(6) Emergency contraception has been deemed by the United States food and drug administration to be safe and effective in preventing pregnancy.

(7) The American Medical Association and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of emergency contraception.

(8) Approximately twenty-five percent of American women have never heard of emergency contraception. Approximately ninety percent of American women do not know that emergency contraception
can prevent pregnancy after intercourse. Fewer than one percent of American women have used emergency contraception.
§16-42-3. Definitions.

As used in this article, the following words and phrases have the following meanings unless the context clearly indicates otherwise:

(1) "Department" means the Department of Health and Human Resources.

(2) "Emergency contraception" means any medicine that prevents pregnancy after sexual intercourse.

(3) "Health care provider" means an individual who is licensed or certified under state law to provide health care services and who is operating within the scope of the license.

(4) "Secretary" means the secretary of the Department of Health and Human Resources.

§16-42-4. Emergency contraception public health program.

(a)(1) The Department shall develop and disseminate information on emergency contraception to the public.

(2) The Department shall develop informational materials on emergency contraception, in consultation with medical groups, public health groups, clinics, doctors, other health professionals, women's advocacy groups, women's health groups, scientists and other relevant stakeholders.

(3) Informational materials on emergency contraception shall
include, at minimum, a discussion of how emergency contraception can prevent pregnancy, how emergency contraception can be obtained, where emergency contraception can be obtained and whether any public funding is available to pay for emergency contraception.
(4) Informational materials on emergency contraception shall be clearly written, readily comprehensible and available in English and Spanish.

(5) Informational materials on emergency contraception shall be widely disseminated to the public by the Department, and shall be available for no charge. The Department shall disseminate informational materials through medical and public health organizations; medical and public health facilities, including clinics and hospitals; nonprofit organizations, including women's groups, advocacy groups and consumer groups; educational facilities; government agencies; and the media.

(6) The Department shall develop a public service announcement, to be aired on television and radio, or published through print advertising in public venues, describing emergency contraception and its ability to prevent pregnancy after intercourse and identifying how and where informational materials on emergency contraception can be obtained.

(b)(1) The Department shall develop and disseminate information on emergency contraception to health care providers.

(2) Informational materials on emergency contraception shall
include the contents as listed in subdivision (3), subsection (a) of this section, as well as a discussion of medical issues pertaining to the use of emergency contraception and recommendations regarding the use of emergency contraception in appropriate cases. A list of sources of further information shall also be provided.
(3) Informational materials on emergency contraception discussed in subdivision (2) of this subsection shall be widely disseminated to health care providers by the Department and shall be available for no charge. The Department shall disseminate informational materials through medical and public health organizations; medical and public health facilities, including clinics and hospitals; government agencies; and medical schools.

(4) The Department shall also provide health care providers with information as to how the informational materials on emergency contraception discussed in subdivision (3) subsection (a) of this section can be obtained. The Department shall encourage health care providers to disseminate these materials to their patients.

(c) The secretary shall propose rules for legislative approval or promulgate procedural or interpretive rules all in accordance with the provisions of article three, chapter twenty-nine-a of this code rules as necessary to implement this section.




NOTE: The purpose of this bill is to
create an emergency contraception education program within the Department of Health and Human Resources.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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