Senate Bill No. 513
(By Senators Weeks, Love, Smith, Sprouse, Dempsey, Minear, Boley
and Guills)
____________
[Introduced February 13, 2003; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact section three, article two-f, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring a
physician to receive written consent from at least one parent
or legal guardian before an abortion is performed on an
unemancipated minor.
Be it enacted by the Legislature of West Virginia:
That section three, article two-f, 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 2F. PARENTAL CONSENT AND NOTIFICATION OF ABORTIONS
PERFORMED ON UNEMANCIPATED MINORS.
§16-2F-3. Parental consent and notification of at least one parent or guardian for abortions performed on
unemancipated minors; waiver; notice to minor of
right of petition to circuit court; minor to be
referred for counseling; Penalty
(a) No physician may perform an abortion upon an unemancipated
minor unless such the physician has written consent from at least
one of the parents or legal guardians, and has given or caused to
be given at least twenty-four hours actual notice to one of the
parents or to the legal guardian of the pregnant minor of his
intention to perform the abortion, or, if the parent or guardian
cannot be found and notified after a reasonable effort to do so,
without first having given at least forty- eight hours constructive
notice computed from the time of mailing to the parent or to the
legal guardian of the minor: Provided, That prior to giving the
notification required by this section, the physician shall advise
the unemancipated minor of the right of petition to the circuit
court for waiver of consent and notification: Provided, however,
That any such consent and notification may be waived by a duly
acknowledged writing signed by a parent or the guardian of the
minor.
(b) Upon notification being given to any parent or to the
legal guardian of such a pregnant minor, the physician shall refer
such the pregnant minor to a counselor or caseworker of any church
or school or of the department of human services or of any other comparable agency for the purpose of arranging or accompanying such
the pregnant minor in consultation with her parents. Such The
counselor shall thereafter be authorized to monitor the
circumstances and the continued relationship of and between such
minor and her parents.
(c) Parental consent
and notification required by subsection
(a) of this section may be waived by a physician, other than the
physician who is to perform the abortion, if such other physician
finds that the minor is mature enough to make the abortion decision
independently or that consent and notification would not be in the
minor's best interest: Provided, That such other physician shall
not be associated professionally or financially with the physician
proposing to perform the abortion.
(d)
Any physician
that fails to receive written consent from
at least one parent or legal guardian, or fails to provide
notification to at least one parent or legal guardian as required
by this section, before performing an abortion on an unemancipated
minor, except in cases where these requirements are properly waived
pursuant to this section, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars.
NOTE: The purpose of this bill is to
require a physician to
receive written consent from at least one parent or legal guardian
before an abortion is performed on an unemancipated minor; and
provides for a penalty.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.