H. B. 2029


(By Delegate Schadler)
[Introduced January 13, 2010; 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 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 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. 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 $1,000.00 nor more than $5,000.00. 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.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.