H. B. 2914
(By Mr. Speaker, Mr. Kiss)
[Introduced March 7, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7B-12, relating
to restricting actions against doctors who are board certified
in reproductive endocrinology and infertility because an in
vitro fertilization attempt failed to result in a live birth.
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 §55-7B-12, to read as
follows:
ARTICLE 7B. ACTIONS FOR FAILURE OF IN VITRO FERTILIZATION
TREATMENT TO RESULT IN LIVE BIRTH.
§55-7B-12. Actions for failure of in vitro fertilization
treatment to result in live birth.
Doctors who are board certified in reproductive endocrinology
and infertility may not be held liable when an in vitro fertilization attempt fails to result in a live birth, unless there
is clear and convincing evidence of willful actions or gross
neglect on the part of the doctor.
NOTE:
The purpose of this bill is to
restrict actions against
doctors
who are board certified in reproductive endocrinology and
infertility
for in vitro fertilization attempts that fail to result
in a live birth.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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