H. B. 3028
(By Delegate Houston)
[Introduced March 15, 2005; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
prohibiting the performance of any abortion by any person who
has admitted to or who has been adjudicated to have committed
medical malpractice; prescribing a criminal penalty for
violations of this section; and providing that nothing in the
section can be construed as approving the performance of an
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.
No person who has admitted to committing medical malpractice or who has been adjudicated as committing medical malpractice may
perform any abortion or procedure thereof in this state.
person who violates the provisions 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 for not 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
prohibit the performance
of any abortion by any person who has admitted to or who has been
adjudicated to have committed medical malpractice. The bill also
prescribes a criminal penalty for violations of this section and
further provides that nothing in this section can be construed as
approving of abortion.
This section is new; therefore, strike-throughs and
underscoring have been omitted.