HB302 SFA Tarr #1 7-29

Senator Tarr moved to amend the amendment on page 18, section 7, after line 12, by adding thereto a new section, designated section 7a, to read as follows:

§16-2R-7a. Abortion Assessment Advisory Board.

(a)(1) There is hereby created the Abortion Assessment Advisory Board. The Board shall consist of the following persons:

(A) A person licensed to practice pursuant to §30-3-1 et seq.  of this code with training and experience in obstetrics and gynecology.

(B) A person licensed to practice pursuant to §30-14-1 et seq.  of this code with training and experience in obstetrics and gynecology.

(C) A person licensed to practice pursuant to §30-15-1 et seq.  of this code with training and experience in obstetrics and gynecology.

(2) The members of the board also along with alternate members shall be appointed by the board of each respective professional board. 

(b) The purpose of this board is to provide a licensed medical professional an opinion, upon his or her request, as to the necessity and advisability of performing an abortion in a situation involving a a pregnant, unemancipated minor, under 23 gestational weeks, due to exceptional medical risk.

(c)(1) An opinion of the board which approves the abortion under review shall create an irrebuttable presumption that the abortion is necessary and appropriate and acts as a complete bar to any legal action, including but not limited to a criminal action, challenging the need or appropriateness of the procedure.

(2) Should medical necessity require the performance of an abortion before a requested opinion can be provided an opinion provided after the abortion shall have the same force and effect of one provided prior thereto.

(d) The Board is authorized to meet telephonically or by other electronic means and verbal approval for the abortion shall suffice: Provided, That a written approval is executed within three business days of the verbal approval.

(e) A decision of the board shall be by majority vote.

(f) In performing duties under this section, the board shall have access to all medical records available.

(g) Each member of the board whose regular salary is not paid by the State of West Virginia shall be paid the same compensation and expense reimbursement that is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. Reimbursement for expenses shall not be made, except upon an itemized account, properly certified by members of the board.  All reimbursement for expenses shall be paid out of the State Treasury upon a requisition upon the State Auditor.

(h) A board member shall recuse himself or herself if the board member has previously evaluated or treated the patient.

(i) The members of the board are immune from suit or liability, either personally or in their official capacity, for any claim for damage to, or loss of, property or person injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of their board duties or responsibilities: Provided, That  nothing in this subsection shall be construed to protect to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.

(j) A board member is not subject to a subpoena to appear at a judicial hearing by virtue of being a member of the board or fulfilling his or her duties under this section.

Adopted

Rejected