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.