Senate Bill No. 570
(By Senators Prezioso, Ross, Love, Minard, Oliverio, Sharpe,
Boley, Edgell, Harrison, Helmick, Jenkins, Sprouse, Kessler,
Bailey, Chafin, McKenzie, Minear, Dempsey, Weeks, Guills,
Facemyer, Smith, Plymale, Deem, Fanning, Hunter, Bowman, Caldwell
and Unger)
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[Introduced February 19, 2004; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §16-2F-3 of the code of West Virginia,
1931, as amended, relating to parental notification
requirements for abortions performed on unemancipated minors;
waiver; notice to minor of right to petition to circuit court;
minor to be referred for counseling; and specifying where
notice not required.
Be it enacted by the Legislature of West Virginia:
That §16-2F-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON
UNEMANCIPATED MINORS.
§16-2F-3. Parental notification required for abortions performed
on unemancipated minors; waiver; notice to minor of
right of petition to circuit court; minor to be
referred for counseling.
(a) No physician may perform an abortion upon an unemancipated
minor unless such physician has given or caused cause to be given
at least twenty-four hours actual notice to one of the parents or
to the legal guardian of the pregnant minor of his or her intention
to perform the abortion, or, if the parent or guardian cannot be
found and notified after a reasonable effort to do so, without
first having given at least forty-eight hours constructive notice
computed from the time of mailing to the parent or to the legal
guardian of the minor: Provided, That prior to giving the
notification required by this section, the physician shall advise
the unemancipated minor of the right of petition to the circuit
court for waiver of notification: Provided, however, That any such
notification may be waived by a duly acknowledged writing signed by
a parent or the guardian of the minor.
(b) Upon notification being given to any parent or to the
legal guardian of such pregnant minor, the physician shall refer
such pregnant minor to a counselor or caseworker of any church or
school or of the department of human services or of any other
comparable agency for the purpose of arranging or accompanying such
pregnant minor in consultation with her parents. Such counselor
shall thereafter be authorized to monitor the circumstances and the
continued relationship of and between such minor and her parents.
(c) Parental notification required by subsection (a) of this
section may be waived by a physician, other than the physician who
is to perform the abortion, if such other physician finds that the minor is mature enough to make the abortion decision independently
or that notification would not be in the minor's best interest:
Provided, That such other physician shall not be associated
professionally or financially with the physician proposing to
perform the abortion Limitations. -- No notice is required under
this section if: (1) The attending physician certifies in the
pregnant female's medical record that the abortion is necessary to
prevent the pregnant minor's death and there is insufficient time
to provide the required notice; or (2) any person who is entitled
to notice certifies in writing that he or she has been notified.
NOTE: The purpose of this bill is to remove provisions
allowing a waiver by another physician.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.