H. B. 2193
(By Delegate Howard)
[Introduced February 10, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §33-42-3 of the code of West Virginia,
1931, as amended, relating to providing when any body part of
an unborn child is outside the mother's womb, the child is
born, and is considered a citizen of the State with same
rights and privileges under the law as any other citizen.
Be it enacted by the Legislature of West Virginia:
That §33-42-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
For purposes of this article:
(1) "Advanced nurse practitioner" means a certified
nurse-midwife, or an advanced nurse practitioner certified to
practice in family practice, women's health (ob/gyn), or primary
care adult, geriatric or pediatric practice, practicing within the
lawful scope of that provider's practice.
(2) "Born" means once any body part of any child is outside
the mother's womb, that child is considered born, and is protected
under the laws as a citizen of West Virginia, with full rights and
privileges of citizenship.
(2)(3) "Health benefits policy" means any individual or
group plan, policy or contract for health care services issued,
delivered, issued for delivery or renewed in this State by a health
care corporation, health maintenance organization, accident and
sickness insurer, fraternal benefit society, nonprofit hospital
service corporation, nonprofit medical service corporation or
similar entity, when the policy or plan covers hospital, medical or
(3) (4) "Partial-birth abortion" means an abortion in which
the person performing the abortion partially vaginally delivers a
living fetus before killing the fetus and completing the delivery.
(4) (5) "Physician performing a partial-birth abortion" means
a doctor of medicine or osteopathy legally authorized to practice
medicine and surgery in West Virginia, or any other individual who
is legally authorized by the State to perform abortions: Provided,
That any individual who is not a physician or not otherwise legally
authorized by the State to perform abortions, but who nevertheless
directly performs a partial-birth abortion, is subject to the
provisions of this article.
(5) (6) "Vaginally delivers a living fetus before killing the
fetus" means deliberately and intentionally delivering into the
vagina a living fetus, or a substantial portion thereof, for the
purpose of performing a procedure that the physician or person
delivering the living fetus knows will kill the fetus, and kills
(6) (7) "Women's health care provider" means an obstetrician/
gynecologist, advanced nurse practitioner certified to practice in
women's health (ob/gyn), certified nurse-midwife or physician
assistant-midwife practicing within the lawful scope of that
NOTE: The purpose of this bill is to
provide when any body
part of an unborn child is outside the mother's womb, the child is
born, and is considered a citizen of the State with same rights and
privileges under the law as any other citizen.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would