House Bill 3251 History
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
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. 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