H. B. 2896
(By Delegates Tansill and Stevens)
[Introduced March 7, 2005; 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 article, designated §16-2J-1, relating to
requiring that physicians who perform abortions must have
staff privileges at a hospital within fifteen minutes travel
time of the facility providing the abortion or that the
facility have a working agreement between the facility and a
hospital within fifteen minutes travel time; providing a
penalty for noncompliance.
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 article, designated §16-2J-1, to read as
follows:
ARTICLE 2J. REQUIRING ABORTION PROVIDERS HAVE RELATIONSHIP WITH
HOSPITALS WITHIN FIFTEEN MINUTES TRAVEL TIME.
§16-2J-1. Requiring that abortion providers have relationship with hospitals within fifteen minutes travel time.
A physician who performs any abortion shall have staff
privileges at a hospital within fifteen minutes travel time from
the facility in which the abortion is performed, or the facility
shall show proof there is a working arrangement between the
facility and a hospital within fifteen minutes travel time from the
facility granting the admittance of patients for emergency
treatment when necessary.
Violation of the terms of this section shall result in an
immediate closing of the facility in question for a period of at
least three years, and a fine of not less than five thousand
dollars.
Nothing in this section shall be construed or interpreted to
condone, permit, allow or endorse any abortion.
NOTE: The purpose of this bill is to require that physicians
who perform abortions must have staff privileges at a hospital
within fifteen minutes travel time of the facility providing the
abortion or that the facility have a working agreement between the
facility and a hospital within fifteen minutes travel time; and
provide a penalty for noncompliance.
This article is new; therefore, strike-throughs and
underscoring have been omitted.