0407 - Division of Health

Sources of Revenue:

General Fund

Legislation creates:

Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The purpose of this bill relates to parental involvement in the minor's decision to obtain an abortion. The bill requires abortion providers to obtain proof of age prior to the performance of an abortion on a pregnant woman. The bill provides for a judicial bypass. Abortion providers must provide actual or constructive notice to parents of minors, and maintain certifications of such notice as well as parent's proof of identification for a minimum time period in the medical file of the minor. The bill creates civil liability, criminal penalties, and mandates certain reporting requirements.
    This legislation requires that the Department of Health and Human Resources (Department): develop 8 new forms (certifications and affidavits); modify a current form; develop instructions for form completion; and mail copies of all forms and instructions for each, as well as a copy of Chapter 16, Article 2F of the West Virginia Code to the approximately 7,000 MDs and DOs licensed to practice in West Virginia annually. In addition, the data will need to be collected, analyzed, and published annually. The Department estimates that it will cost $22,646 for the first year and $21,896 for each year thereafter. Although there is authorization in the legislation for a late reporting fee to be collected, no revenue estimate has been made.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
1. Estmated Total Cost 0 22,646 21,896
Personal Services 0 5,900 5,900
Current Expenses 0 16,746 15,996
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0

Explanation of above estimates (including long-range effect):

     The Department estimates the costs for FY 2006 as: Personal Services salary and fringe benefits: 0.1 FTE research analyst to prepare the annual report - $4,500; Data Entry Operator - $700; Clerical Support - $700 for total of $5,900. Current expenses: 7,000 9x12 envelopes - $434; Postage - $7,420; Printing Costs - $7,142; Legal Costs for review of forms and instructions - $750; other miscellaneous costs - $1,000 = $16,746. The Department estimates the FY2007 costs to be the same as FY 2006 with the exception that there will be no need for legal costs for review of forms and instructions of $750.


    The legislation requires distribution of a large number of certification and affidavit forms for parental notification to physicians who do not perform induced abortions. This would include physicians in specialties such as dermatology, psychiatry and others that would not be appropriate for such medical services. If the intent were to send the information to only those physicians who may perform induced abortions the costs would be less.
    The legislation allows for penalties and legal action against any physician who does not comply with the reporting requirements of this legislation. The legislation does not require any oversight by the Department on the reporting issue. The Department would therefore have no way of knowing if a physician is non-compliant if they have not reported. If the intent of the legislation is for the Department to perform monitoring activities the estimated cost would be higher as additional staff/staff time would be required to perform the monitoring. The Department has made no estimate of costs regarding any legal action that may be taken as a result of the legislation.
    While the legislation makes no reference to the disposition of the late fees, the Department assumes any funds collected would be deposited to the General Revenue Fund.

    Person submitting Fiscal Note: Martha Yeager Walker
    Email Address: