H. B. 4014
(By Delegate Gillespie)
[Introduced January 15, 1998; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section fourteen, article thirty-c,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to prohibiting
the use of state funds for the purpose of causing the death
of an individual by assisted suicide, euthanasia or mercy
killing; and exceptions.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article thirty-c, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 30C. DO NOT RESUSCITATE ACT.
§16-30C-14. Failure to resuscitate not considered suicide or
murder; no use of state funds permitted for assisted
suicide, euthanasia or mercy killing.
(a) The withholding of cardiopulmonary resuscitation from
a person in accordance with the provisions of this article does
not, for any purpose, constitute suicide or murder. The
withholding of cardiopulmonary resuscitation from a person in
accordance with the provisions of this article, however, shall
not relieve any individual of responsibility for any criminal
acts that may have caused the person's condition.
(b) Nothing in this article shall be construed to legalize,
condone, authorize or approve mercy killing or assisted suicide,
euthanasia or mercy killing. No funds appropriated by the
Legislature for the purpose of paying, directly or indirectly,
for the provision of health care services may be used:
(1) To provide any health care item or service furnished for
the purpose of causing, or for the purpose of assisting in
causing, the death of any individual, such as by assisted
suicide, euthanasia, or mercy killing;
(2) To pay directly, through payment of state financial
participation or other matching payment, or otherwise, for such
an item or service, including payment of expenses relating to
such an item or service; or
(3) To pay, in whole or in part, for health benefit coverage
that includes any coverage of such an item or service or of any
expenses relating to such an item or service.
(c) Nothing in subsection (b) may be construed to apply to
or to affect any limitation relating to:
(1) The withholding or withdrawing of medical treatment or
medical care;
(2) The withholding or withdrawing of nutrition or
hydration;
(3) Abortion; or
(4) The use of an item, good, benefit, or service furnished
for the purpose of alleviating pain or discomfort, even if such
use may increase the risk of death, so long as such item, good,
benefit, or service is not also furnished for the purpose of
causing, or the purpose of assisting in causing, death, for any
reason.
NOTE: The purpose of this bill is to prohibit the use of
state funds to cause the death of an individual by assisted
suicide, euthanasia or mercy killing.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.