H. B. 2911
(Delegates Manchin, Overington,
Hall and Frich)
[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 facilities that provide
abortions to warn women seeking an abortion of their increased
risk of breast cancer.
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 that certain medical facilities which
provide abortions to warn women seeking an abortion
of increased risk of breast cancer.
When a facility provides abortions, it ensures that
women
seeking an abortion are warned of their increased risk
of breast
cancer.
Any facility or person violating the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one thousand dollars nor more than
five thousand dollars and, if an individual, either imprisoned in
the county or regional jail no less than six months nor more than
one year, or both fined and imprisoned. A licensed health care
worker or a facility violating the provisions of this section a
second time shall, in addition to the fine and imprisonment
provisions of this section have, his, her or its license revoked.
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
facilities that provide abortions warn women seeking an abortion of
their increased risk of breast cancer. A criminal penalty is
provided for violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.