H. B. 2263
(By Delegate Carmichael)
[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 medical practitioners who perform abortions to
estimate the gestational age of the fetus by using ultrasound
analysis and measurement; 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. Requirement to conduct ultrasound to determine
gestational age prior to abortion.
Prior to performing any abortion, a medical practitioner shall
conduct an ultrasound study of the fetus in the womb in order to estimate gestational age. The medical practitioner shall record
the measurements obtained from the ultrasound study, record same in
the medical record and provide his or her estimate of gestational
age in the record as well. Any person who violates the
requirements of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $500 nor more than
$1,000. 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 medical
practitioners who perform abortions to estimate the gestational age
of the fetus by using ultrasound analysis and measurement. 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.