Senate Bill No. 520
(By Senators Sprouse, Weeks, Prezioso, Harrison and Smith)
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[Introduced February 13, 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 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 ensuring that medical workers have the right
to refuse to participate in any abortion-related activity
without fear of disciplinary action or dismissal; and
prescribing criminal penalties for violations of the section.
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. Rights of medical workers in abortions.
A medical worker in any facility in which abortions are
performed has an absolute right to refuse to be involved in any
abortion related activity and may not be disciplined or discharged
for exercising this
right. Any person who violates 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. 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
ensure that medical
workers have the right to refuse to participate in any
abortion-related activity without fear of disciplinary action or
dismissal. The bill also prescribes a criminal fine for violations
of the section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.