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Introduced Version Senate Bill 570 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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