CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 11 -
ARTICLE 11. SEXUAL STERILIZATION.
WVC 16 - 11 - 1
§16-11-1. Male or female sterilization procedures.
It shall be lawful for any physician duly licensed by the
state, when so requested by any person other than a minor, or
mentally incompetent person, or any other person suffering from
any similar disability which would affect their ability to enter
into a valid contractual agreement, to perform upon such person,
a male or female sterilization procedure: Provided,
request in writing is made by such person and that at the time of
such request a full and reasonable medical explanation is given
by the physician to such person as to the meaning and
consequences of such operation: Provided, however,
female sterilization procedure shall only take place in a
hospital or facility duly licensed by the state board of health
and authorized by said board to perform similar operations, or a
hospital or facility administered or owned by the state and duly
authorized by said board to perform such operations.
Nothing in this section shall require any hospital or other
medical facility to admit any patient for the purpose of
undergoing a sterilization operation. No hospital shall be
subject to any legal or other penalty or restrictions or shall
incur any civil liability because of any refusal to perform,
accommodate or assist in any sterilization procedure for any
reason. No person shall be required to perform or participate in
medical procedures which result in the sterilization of an
individual, and the refusal of any person to perform or
participate in such medical procedure shall not be a basis for
any legal sanction to any person. No hospital administrator or governing board of any hospital shall terminate the employment
of, prevent or impair the practice or occupation of, or impose
any other penalties or restrictions upon any person who refuses
to perform or participate in a sterilization procedure.
WVC 16 - 11 - 2
§16-11-2. Immunity of persons performing operation.
No properly licensed health care facility or any
superintendent or administrator thereof, or physician or any
other person legally participating in any such properly requested
sterilization operation shall be liable either civilly or
criminally by reason of such participation: Provided,
section shall not be construed to be in derogation of any
actionable negligence occurring during or tort liability arising
from such operation.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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