H. B. 2901
(By Delegates Carmichael, Frich and Hall)
[Introduced February 7, 2003; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend article forty-two, chapter thirty-three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to requiring medical practitioners who perform
abortions to estimate the gestational age of the fetus by
using ultrasound analysis and measurement; prescribing
criminal penalties for violations of the section.
Be it enacted by the Legislature of West Virginia:
That article forty-two, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Requirement to conduct ultrasound to determine
gestational age prior to abortion.
Prior to performing any abortion, a medical practitioner shall
conduct an ultrasound study of the fetus in the womb in order to
estimate gestational age. The medical practitioner shall record
the measurements obtained from the ultrasound study
, record same in
the medical record and provide his or her estimate of gestational
age in the record as well. Any person who violates the
requirements of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five hundred
dollars nor more than one thousand dollars. 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
require medical
practitioners who perform abortions to estimate the gestational age
of the fetus by using ultrasound analysis and measurement. The
bill also prescribes a criminal fine for violations of the section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.