Senate Bill No. 595
(By Senator Harrison)
____________
[Introduced February 16, 2006; referred to the Committee
on Health and Human Resources; and the to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact §16-2B-2 of the Code of West Virginia,
1931, 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 §16-2B-2 of the Code of West Virginia, 1931, 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) 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 the licensed physician. Such The information, appliances,
devices, drugs, approved methods and medication shall may 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
(b)(1) Notwithstanding any provision of this section, the
procedure of abortion shall not be considered is not 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 this section. In addition, no employee or
representative of any family planning center in this state that
receives state funding may:
(A) Discuss the prospect of abortion with any person seeking
family planning services except as required by federal law; or
(B) Make a referral to any person seeking family planning
services for an abortion.
(2) Nothing in this section endorses, allows, permits or
approves of any abortion.
(c) 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 the programs.
NOTE: The purpose of this bill is to prohibit family planning
centers in West Virginia 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.