SENATE CONCURRENT RESOLUTION NO. 55
(By Senators Prezioso, Helmick, Laird, Kessler, Deem, Sypolt,
Boley, Green, Snyder, Plymale and Edgell)
Requesting the Joint Committee on Government and Finance to study
the accuracy and accountability in the use of taxpayer dollars
relating to the health of women and children and ensure that
abortions are as safe for women and as rare for the unborn as
possible.
Whereas, The decision of the Supreme Court of West Virginia in
Women's Health Center of WV, Inc. v. Panepinto, 191 W.Va. 436
(1993), restricts the denial of the use of public moneys to
terminate a pregnancy, the use of the public trust requires
vigilant accountability when public moneys are expended; and
Whereas, Reporting requirements should be established to apply
to any person, organization, or entity operating an abortion
facility receiving, controlled by, or having transferred to, moneys
from any state fund or funding source; and
Whereas, It is the policy of the State of West Virginia to
promote and encourage the health, safety and welfare of the women
and children of this state; to encourage strong prenatal and
pediatric care and encourage the use of taxpayer dollars toward
programs that do not include abortion services; and
Whereas, In furtherance of that policy, and to provide adequate accountability of the public trust, those persons,
organizations, or entities receiving public moneys should annually
file a report with the Department of Health and Human Services
(hereinafter, "department"), in which the person, organization, or
entity must, attest to the following information:
1. The amount of public moneys used for abortion services;
2. The number of abortions performed in which public moneys
were used (in whole or in part);
3. The number of adoption referrals made prior to the
performance of an abortion;
4. The age of the woman requesting an abortion;
5. A sworn statement by the person, organization, or entity
that any pregnant woman deemed incapable of giving consent was
referred to members of the local law-enforcement for investigation;
6. A sworn statement by the person, organization, or entity
that all legal requirements were met prior to the performance of an
abortion; and
7. The number of abortions, performed with public moneys,
which were deemed a medical emergency.
Whereas, In support of the state's compelling interest in
providing for the common benefit, protection, and security of its
women, children, and families, if an abortion is performed at a
publicly or privately funded medical facility in this state, the
medical facility should submit to the department a report of each
abortion performed in the hospital or facility. The report may not identify the individual patient by name, but must include the
following information:
1. The name and address of the facility where the abortion was
performed;
2. The type of facility where the abortion was performed;
3. The county where the abortion was performed;
4. The woman's age;
5. The woman's educational background by highest grade
completed and, if applicable, level of college completed;
6. The county and state in which the woman resides;
7. The woman's race and ethnicity;
8. The woman's marital status;
9. The number of prior pregnancies and prior abortions of the
woman;
10. The number of previous spontaneous terminations of
pregnancy of the woman;
11. The gestational age of the unborn child at the time of the
abortion;
12. The reason for the abortion, including whether the
abortion is elective or due to maternal or fetal health
considerations;
13. The type of procedure performed or prescribed and the date
of the abortion;
14. Any preexisting medical conditions of the woman that would
complicate pregnancy and any known medical complication that resulted from the abortion; and
15. The basis for any medical judgment that a medical
emergency existed that excused the physician from compliance with
the requirements of this chapter.
Whereas, A physician's statement, if required, must be signed
by the physician who performed the abortion or, if a health
professional other than a physician is authorized by law to
prescribe or administer abortion medication, the signature and
title of the person who prescribed or administered the abortion
medication. The form should indicate that the person who signs the
report is attesting that the information in the report is correct.
The medical facility should transmit the report to the department
within fifteen days after the last day of each reporting month; and
Whereas, A health professional who provides medical care or
treatment to a woman who, in the good faith judgment of the health
professional, is in need of medical care because of a complication
or complications resulting from having undergone an abortion or
attempted abortion must file a report with the department on a form
prescribed by the department within thirty days after the date of
the health professional's first examination of the woman. The
report should contain the following information and other
information as the department may require:
(1) The date of the abortion;
(2) The woman's age;
(3) The number of pregnancies the woman may have had before the abortion;
(4) The number and type of abortions the woman may have had
before this abortion;
(5) The name and address of the facility where the abortion
was performed;
(6) The gestational age of the unborn child at the time of the
abortion, if known;
(7) The type of abortion performed, if known;
(8) The nature of the complication or complications;
(9) The medical treatment given; and
(10) The nature and extent, if known, of any permanent
condition caused by the complication.
The medical facility should complete the complication report,
which shall indicate that the person who signs the report is
attesting that the information in the report is correct. The
medical facility should transmit the report to the department
within fifteen days after the last day of each reporting month; and
Whereas, Any report should not contain the name of the woman,
common identifiers such as the woman's social security number,
driver license number or insurance carrier identification numbers
or any other information or identifiers that would make it possible
to identify in any manner or under any circumstances an individual
who has obtained or seeks to obtain an abortion; and
Whereas, The department should collect all abortion reports
and complication reports and prepare a comprehensive annual statistical report based on the data gathered in the reports. The
statistical report may not lead to the disclosure of the identity
of any person filing a report or about whom a report is filed. The
department should make the statistical report available on its
website and for public inspection and copying. These reports are
not public records and are not available for public inspection,
except that disclosure may be made to law-enforcement officials on
an order of a court after application showing good cause. The
court may condition disclosure of the information on any
appropriate safeguards it may impose; and
Whereas, The study should also review and propose potential
penalties, civil or criminal, that should be imposed for
noncompliance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the accuracy and accountability in the use of
taxpayer dollars relating to the health of women and children and
ensure that abortions are as safe for women and as rare for the
unborn as possible; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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