H. B. 4356
(By Delegate Reynolds)
[Introduced January 31, 2008; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §16-2I-2 of the Code of West Virginia,
1931, as amended, relating to allowing a hospital physician to
decline performing an abortion when a mother's life is not in
imminent danger.
Be it enacted by the Legislature of West Virginia:
That §16-2I-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.
§16-2I-2. Informed consent.
No abortion may be performed in this state except with the
voluntary and informed consent of the female upon whom the abortion
is to be performed.
No physician employed at a hospital licensed
under article five-b of this chapter shall be required to perform
any abortion, except in case of a medical emergency, when the life
of the mother is in imminent danger. Except in the case of a medical emergency, consent to an abortion is voluntary and informed
if, and only if:
(a) The female is told the following, by telephone or in
person, by the physician or the licensed health care professional
to whom the responsibility has been delegated by the physician who
is to perform the abortion at least twenty-four hours before the
abortion:
(1) The particular medical risks associated with the
particular abortion procedure to be employed, including, when
medically accurate, the risks of infection, hemorrhage, danger to
subsequent pregnancies and infertility;
(2) The probable gestational age of the embryo or fetus at the
time the abortion is to be performed; and
(3) The medical risks associated with carrying her child to
term.
The information required by this subsection may be provided by
telephone without conducting a physical examination or tests of the
patient, in which case the information required to be provided may
be based on facts supplied by the female to the physician or other
licensed health care professional to whom the responsibility has
been delegated by the physician and whatever other relevant
information is reasonably available to the physician or other
licensed health care professional to whom the responsibility has
been delegated by the physician. It may not be provided by a tape recording, but must be provided during a consultation in which the
physician or licensed health care professional to whom the
responsibility has been delegated by the physician is able to ask
questions of the female and the female is able to ask questions of
the physician or the licensed health care professional to whom the
responsibility has been delegated by the physician.
If a physical examination, tests or the availability of other
information to the physician or other licensed health care
professional to whom the responsibility has been delegated by the
physician subsequently indicate, in the medical judgment of the
physician or the licensed health care professional to whom the
responsibility has been delegated by the physician, a revision of
the information previously supplied to the patient, that revised
information may be communicated to the patient at any time prior to
the performance of the abortion procedure.
Nothing in this section may be construed to preclude provision
of required information in a language understood by the patient
through a translator.
(b) The female is informed, by telephone or in person, by the
physician who is to perform the abortion, or by an agent of the
physician, at least twenty-four hours before the abortion
procedure:
(1) That medical assistance benefits may be available for
prenatal care, childbirth and neonatal care through governmental or private entities;
(2) That the father, if his identity can be determined, is
liable to assist in the support of her child based upon his ability
to pay even in instances in which the father has offered to pay for
the abortion; and
(3) That she has the right to review the printed materials
described in section three of this article, that these materials
are available on a state-sponsored website and the website address.
The physician or an agent of the physician shall orally inform
the female that the materials have been provided by the State of
West Virginia and that they describe the embryo or fetus and list
agencies and entities which offer alternatives to abortion.
If the female chooses to view the materials other than on the
website, then they shall either be provided to her at least
twenty-four hours before the abortion or mailed to her at least
seventy-two hours before the abortion by first class mail in an
unmarked envelope.
The information required by this subsection may be provided by
a tape recording if provision is made to record or otherwise
register specifically whether the female does or does not choose to
have the printed materials given or mailed to her.
(c) The female shall certify in writing, prior to the
abortion, that the information described in subsections (a) and (b)
of this section has been provided to her and that she has been informed of her opportunity to review the information referred to
in subdivision (3), subsection (b) of this section.
(d) Prior to performing the abortion procedure, the physician
who is to perform the abortion or the physician's agent shall
obtain a copy of the executed certification required by the
provisions of subsection (c) of this section.
NOTE: The purpose of this bill is to allow a hospital
physician to decline performing an abortion when a mother's life is
not in imminent danger.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.