H. B. 2532
(By Delegates Carmichael, Frich and Hall)
[Introduced February 21, 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
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
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 five hundred
dollars nor more than one thousand dollars. 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.