CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 2 B-
ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.
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§16-2B-1. Family planning and child spacing; authorized
The state department of health is authorized to provide
printed material, guidance, advice, financial assistance,
appliances, devices, drugs, approved methods, and medicines to
local boards of health requesting the same for use in the
operation of family planning and child spacing clinics to the
extent of funds appropriated by the Legislature and any federal
funds made available for such purpose.
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§16-2B-2. Local boards of health authorized to establish clinics;
supervision; purposes; abortion not approved;
approval by state board of programs.
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 licensed physician. Such information,
appliances, devices, drugs, approved methods and medication shall
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,
procedure of abortion shall not be considered an approved method
of family planning and child spacing within the intent of this
section and is expressly excluded from the programs herein
authorized. 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 programs.
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§16-2B-3. State and local health and welfare agency employees to
advise indigent and medically indigent of
availability of services; compulsory acceptance of
services prohibited; acceptance not condition to
receiving other services and benefits.
The state director of health, and commissioner of the
department of welfare are directed to instruct their employees
who work with the indigent and medically indigent to advise such
indigent persons of the availability of the family planning and
child spacing services offered by the state and local health
departments: Provided, however,
That no employee of the state of
West Virginia or any employee of its agencies or of its political
subdivisions, including but not limited to local health, or
welfare agencies may compel any individual or family, either
directly or indirectly, to accept or practice family planning, or
any particular family planning method as a condition for
receiving other public services or governmental benefits in any
form nor shall any such employee or person represent to any
individual or family, either directly or indirectly, that the
acceptance or practice of family planning is a condition for
receiving any public services or governmental benefits. Any
violation of this section shall be grounds for dismissal or other
appropriate disciplinary action.
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§16-2B-4. Exemption of employees from offering services when such
duty is contrary to religious beliefs.
Any employee of the state of West Virginia or any of its
agencies or political subdivisions, including, but not limited
to, local health or welfare agencies, may refuse to accept the
duty of offering family planning services to the extent that such
duty is contrary to his personal religious beliefs and such
refusal shall not be grounds for any disciplinary action, for
dismissal, for any interdepartmental transfer, or any other
discrimination in his employment, or for suspension from
employment, or for any loss in pay or any other benefits.