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Introduced Version House Bill 3251 History

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hb3251 intr
H. B. 3251


(By Delegate Shott)

[Introduced March 20, 2009; 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 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 abortion.

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. 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. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or confined in jail for not less than six months nor more than one year, or both fined and confined. 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.

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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