H. B. 2035
(By Delegate Evans)
[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
requiring a woman, prior to an abortion, to have a pregnancy
test administered at the facility where the abortion is to be
performed; providing that the pregnancy test results must be
confirmed prior to the abortion; and providing for the
revocation of the license of a physician for violations.
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. Pregnancy test required at facility where abortion to be
performed; penalty.
(a) An abortion may not be performed upon a woman before a pregnancy test has been administered in the medical facility where
the abortion is to be performed and the pregnancy test results have
been confirmed prior to the abortion.
(b) The West Virginia Board of Medicine shall revoke the
licence of any physician violating the provisions of this section
for not less than 10 years.
(c) 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 a woman, prior to
an abortion, to have a pregnancy test administered at the facility
where the abortion is to be performed, and the pregnancy test
results must be confirmed prior to the abortion. The bill also
provides that the license of a physician may be revoked for
violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.