H. B. 2029
(By Delegate Schadler)
[Introduced February 5, 2009; 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.