Senate Bill No. 508
(By Senator Snyder)
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[Introduced February 12, 2003; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact section one, article eleven, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting any
doctor from performing a female sexual sterilization procedure
during a live birth unless twenty-four hours have elapsed
since the woman requested the procedure in writing.
Be it enacted by the Legislature of West Virginia:
That section one, article eleven, 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 11. SEXUAL STERILIZATION.
§16-11-1. Male or female sterilization procedures.
It shall be is lawful for any physician duly licensed by the
state, when so requested by any person other than a minor, or mentally incompetent person, or any other person suffering from any
similar disability which would affect their ability to enter into
a valid contractual agreement, to perform upon such person, a male
or female sterilization procedure: Provided, That a request in
writing is made by such person and that at the time of such request
a full and reasonable medical explanation is given by the physician
to such person as to the meaning and consequences of such
operation: Provided, however, That the female sterilization
procedure shall only take place in a hospital or facility duly
licensed by the state board of health and authorized by said board
to perform similar operations, or a hospital or facility
administered or owned by the state and duly authorized by said
board to perform such operations: Provided further, That no
physician may perform a sexual sterilization upon a woman at the
same time that she gives birth unless twenty-four hours have
elapsed since the woman requested the procedure in writing.
Nothing in this section shall require requires any hospital or
other medical facility to admit any patient for the purpose of
undergoing a sterilization operation. No hospital shall be is
subject to any legal or other penalty or restrictions or nor shall
it incur any civil liability because of any refusal to perform,
accommodate or assist in any sterilization procedure for any
reason. No person shall may be required to perform or participate
in medical procedures which result in the sterilization of an individual, and the refusal of any person to perform or participate
in such medical procedure shall not be a basis for any legal
sanction to against any person. No hospital administrator or
governing board of any hospital shall may terminate the employment
of, prevent or impair the practice or occupation of, or impose any
other penalties or restrictions upon any person who refuses to
perform or participate in a sterilization procedure.
NOTE: The purpose of this bill is to prohibit doctors from
performing a female sexual sterilization procedure on a woman
during delivery unless 24 hours have elapsed since the woman
requested the procedure in writing.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.