H. B. 2906


(By Delegate Shook)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing a criminal penalty.

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 §16-2B-5, to read as follows:
ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.
§16-2B-5. Abortions to be performed by licensed physician.

(a) Only a physician licensed to practice in this state may perform an abortion.
(b) Nothing in this section shall be construed or interpreted to endorse, allow, permit or approve of any abortion.
(c) Any person who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or confined in jail not less than six months nor more than one year, or both fined and confined.




NOTE: The purpose of this bill is to
prohibit persons who are not licensed physicians from performing an abortion in this state.

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