H. B. 4518

(By Delegates Overington, Dempsey and L. Smith)
[Introduced February 18, 2002; referred to the
Committee on the Judiciary.]

A BILL to amend article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to prohibiting certain abortion facilities from performing abortions without obtaining a license and to authorize the state board of health to promulgate regulations.

Be it enacted by the Legislature of West Virginia:
That article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-a, to read as follows:

ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

(a) A facility in which any second trimester, or five or more first trimester abortions are performed in a month must be licensed by the state board of health.
(b) The state board of health shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as it finds necessary, or in the public interest, including, but not limited to, sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control and information regarding patient follow-up care.

NOTE: The purpose of this bill is to prohibit certain abortion facilities from performing abortions without obtaining a license and to authorize the state board of health to promulgate rules.