H. B. 2431
(By Delegates Hatfield, Guthrie, Marshall,
Brown, Doyle, and Fleischauer)
[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 article, designated §16-43-1, §16-43-2,
§16-43-3 and §16-43-4, 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, as amended, be amended
by adding thereto a new article, designated §16-43-1, §16-43-2,
§16-43-3 and §16-43-4, all to read as follows:
ARTICLE 43. EMERGENCY CONTRACEPTION EDUCATION ACT.
§16-43-1. Short title.
This article may be cited as the "Emergency Contraception
Education Act."
§16-43-2. 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.
§16-43-3. 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.
§16-43-4. 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.
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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