Senate Bill No. 519
(By Senators Dempsey, Weeks, Smith, Prezioso and Sprouse)
[Introduced February 13, 2003; referred to the Committee on
Health and Human Resources; and then to the Committee on the
A BILL to amend article two-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section five,
relating to prohibiting any person who is not a physician
licensed to practice in this state from performing an
abortion; and providing penalty for same.
Be it enacted by the Legislature of West Virginia:
That article two-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five,
to read as follows:
ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.
§16-2B-5. Abortions to be performed by licensed physician.
(a) Only a physician licensed to practice in this state may perform an abortion.
(b) Nothing in this section shall be construed or interpreted
to endorse, allow, permit or approve of any abortion.
(c) Any person convicted of violating the provisions of
subsection (a) of this section is subject to a fine of not less
than one thousand dollars and not more than five thousand dollars;
imprisonment for not less than six months and not more than one
year; or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit persons who are
not licensed physicians from performing an abortion in this state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.