H. B. 4638
(By Delegates Armstead, L. Smith (By Request),
Hall (By Request), Walters, Carmichael and Harrison)
[Introduced February 22, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-i, relating to
abortions generally and prohibiting discrimination against a
person who in conscience refuses to participate in the
performance of an abortion; cause of action for
discrimination.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-i, to read as
follows:
AARTICLE 2I. REFUSAL TO PARTICIPATE IN ABORTIONS.
§16-2I-1. Discrimination prohibited.
A doctor, nurse, medical professional, employee or any other
person shall not be required by any physician, clinic, hospital,
office, business, organization, agency or individual to participate
in, observe or contribute toward the performance of an abortion or
abortion counseling or referral. Any doctor, nurse, medical
professional, employee or any other person
who refuses to
participate in, observe or contribute to the performance of an
abortion or abortion counseling or referral
shall not be denied
payment, promotion, employment, advancement or any other benefit
and shall not otherwise be discriminated against because of the
refusal to participate in the abortion as set forth above.
Nothing in this article shall be construed or interpreted to
endorse, allow, permit or approve of any abortion.
§16-2I-2. Cause of action for discrimination.
Any person
who has been injured by discrimination under the
provisions of this article has a cause of action against any
clinic, hospital, office, business, organization, agency or
individual causing the injury
and may recover damages therefor
including the payment of restitution in an amount equal to five
times the annual salary of the injured person.
NOTE: The purpose of this bill is to
prohibit discrimination
against a person who in conscience refuses to participate in the
performance of an abortion. The bill also provides a cause of
action for injuries resulting from the discrimination.
This article is new; therefore, strike-throughs and
underscoring have been omitted.