H. B. 3042
(By Delegate Walters)
[Introduced February 17, 2003; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact section two, article two-b, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting family
planning centers in West Virginia that receive state funding
from discussing abortion or abortion referrals.
Be it enacted by the Legislature of West Virginia:
That section two, article two-b, 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 2B. FAMILY PLANNING AND CHILD SPACING.
§16-2B-2. Local boards of health authorized to establish clinics;
supervision; purposes; abortion not approved; approval
by state board of programs.
A local board of health, created and maintained pursuant to
the provisions of article two or article two-a of this chapter, is
authorized to establish and operate within its jurisdiction, one or
more family planning and child spacing clinics under the
supervision of a licensed physician for the purpose of
disseminating information, conducting medical examinations and
distributing family planning and child spacing appliances, devices,
drugs, approved methods and medication without charge to indigent
and medically indigent persons on request and with the approval of
said licensed physician. Such information, appliances, devices,
drugs, approved methods and medication shall be dispensed only in
accordance with the recipients' expressed wishes and beliefs and in
accordance with all state and federal laws for the dispensing of
legend drugs: Provided, That the procedure of abortion shall not
be considered an approved method of family planning and child
spacing within the intent of this section and is expressly excluded
from the programs herein authorized. In addition, no employee or
representative of any family planning center in this state that
receives state funding may discuss the prospect of abortion with
any person seeking family planning services. Nor may they make a
referral to any person seeking family planning services for an abortion. Provided, however, That nothing in this section may be
construed or interpreted to endorse, allow, permit, or approve of
any abortion. All local boards of health receiving state or
federal funds for family planning or child spacing programs shall
first receive approval by the state board of health of their
general plan of operation of such programs.
NOTE: The purpose of this bill is to
prohibit family planning
centers in WV that receive state funding from discussing abortion
or abortion referrals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.