H. B. 2072
(By Delegate Hamilton and Romine)
[Introduced January 12, 2007; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
the Department of Health and Human Resources; requiring the
department to enforce specific abortion clinic regulations;
and prescribing criminal penalties for violations of the
section.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §33-42-9, to read as
follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Enforcement of abortion clinic regulations.
The West Virginia Department of Health and Human Resources
shall enforce abortion clinic regulations requiring private space
for counseling, dressing rooms, lavatory areas, hand washing stations, private procedure rooms, adequate lighting and
ventilation, examination tables and other fixed equipment, staffed
and equipped recovery rooms, emergency exits for a stretcher or
gurney, areas for cleaning and sterilizing instruments, storage of
records and supplies, and the prominent display of state license.
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 or imprisoned in jail no less than six months nor
more than one year, or both fined and imprisoned. 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
require the Department
of Health and Human Resources to enforce specific abortion clinic
regulations. The bill also prescribes a criminal fine for
violations of the section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.