SB 352 — Modifying Unborn Child Protection Act

WESTSB352 VIRGINIASFAT LEGISLATUREMaroney REGULAR# SESSION2-14Dellinger Committee 7965 Senator SubstituteMaroney formoved Senateto Billamend 352the Bbill YSby ENATORSstriking RUCKER,out AZINGER,the OLEY,title CHAPMAN,and Dsubstituting EEDS,therefor RADYa ,new ARTIN,title, MAYNARD,to PHILLI,read SMITH,as Sfollows:Eng. TOVER, TUART , ARR, AYLOR , WOODRUM , ARNES, AND ROBERTS [Originating in the Committee on Health and Human Resources;

reportedCom. February 9, 2024] CS for SB 352 A BILL to amend and reenact §16-2R-3 and §16-2R-8 of the Code of West Virginia, 1931, as amended, relating to requiring voluntary and informed consent prior to performing an abortion;

definingSub. voluntary and informed consent as providing the patient information or availability of information on the associated medical risks, the opportunity to view an ultrasound, the probable gestational age, that perinatal hospital services are available, and that additional information is available on the Department of Health’s website;

for Senate Bill 352—A Bill to amend and makingreenact technical§16-2R-3 changes.and §16-2R-8 of the Code of West Virginia, 1931, as amended, all relating to requiring informed consent prior to performing an abortion;

Besetting itforth enactedstandards byrequired thefor Legislatureinformed ofconsent; West Virginia:

ARTICLErequiring 2R.patient to be informed of medical risks;

UNBORNrequiring CHILDpatient PROTECTIONto ACT.be informed of medical risks of carrying child to term;

§16-2R-3.requiring patient to be informed of ability to view and ultrasound;

Prohibitionrequiring patient to performbe aninformed abortion.of the probable gestational age;

(a)requiring Anpatient abortion may not be performed or induced, or be attempted to be performedinformed orthat induced,perinatal unlesshospice inservices theare reasonableavailable; medical judgment of a licensed medical professional:

(1)requiring Thepatient embryoto orbe fetusinformed isof nonviable:risks associated with chemical abortion;

(2)requiring Thethe pregnancyDepartment isof ectopic;Health to place certain information on its website;

orand (3)making Atechnical medicalchanges.     AdoptedRejected emergency exists.

(b) The prohibition set forth in subsection (a) of this section shall not apply to an adult within the first eight weeks of pregnancy if the pregnancy is the result of sexual assault, as defined in §61-8B-1 et seq.

of this code, or incest, as defined in §61-8-12 of this code, and at least 48 hours prior to the abortion the patient has reported the sexual assault or incest to a law- enforcement agency having jurisdiction to investigate the complaint and provided the report to the licensed medical professional performing the abortion.

(c) The prohibition set forth in subsection (a) of this section shall not apply to a minor or an incompetent or incapacitated adult within the first 14 weeks of pregnancy if the pregnancy is the result of sexual assault, as defined in §61-8B-1 et seq.

of this code, or incest, as defined in §61-8-12 of this code, and at least 48 hours prior to the abortion the patient has:

CS for SB 352 (1) Made a report of the sexual assault or incest to law enforcement having jurisdiction to investigate the complaint;

or (2) The patient has obtained medical treatment for the sexual assault or incest, or any injury related to the sexual assault or incest, from a licensed medical professional or in a hospital, as defined in §16-5B-1 §16B-3-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources Department of Health:

Provided, That the licensed medical professional or hospital, as defined in §16-5B-1 §16B-3-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources Department of Health, and which performed or provided such medical treatment, may not perform or provide the abortion arising from such sexual assault or incest.

(d) In all cases where a report of sexual assault or incest against a minor is made pursuant this subsection (c), the agency or person to whom the report is made shall report the sexual assault or incest to the Child Abuse and Neglect Investigations Unit of the West Virginia State Police within 48 hours.

(e) An abortion performed pursuant to this section may not use the partial birth abortion procedure.

(f) A surgical abortion performed or induced, or attempted to be performed or induced, pursuant to this section, shall be in a hospital, as defined in §16-5B-1 §16B-3-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources Department of Health.

(g) An abortion performed or induced, or attempted to be performed or induced, shall be performed by a licensed medical professional who has West Virginia hospital privileges.

(h) An abortion performed pursuant to this section requires the voluntary and informed consent of the patient.

Consent to an abortion is voluntary and informed if, and only if, the licensed medical professional:

CS for SB 352 (1) Informs the patient of the medical risks associated with the particular abortion procedure to be employed, including, the risks of infection, hemorrhage, danger to subsequent pregnancies, infertility, and reversal;

(2) Informs the patient of the medical risks associated with carrying her child to term;

(3) Informs the patient of the opportunity to view an ultrasound;

(4) Informs the patient of the probable gestational age of the embryo or fetus;

(5) In the case of a nonviable embryo or fetus, or decision to continue a viable pregnancy, informs the patient that perinatal hospice services are available and that additional information may be found on the Department of Health’s website;

and (6) In the case of a chemical abortion, informs the patient of the risks associated with any abortion medication prescribed to the patient and also information on reversal.

§16-2R-8.

Protection of aborted fetuses born alive.

(a) Whenever a licensed medical professional performs or induces, or attempts to perform or induce an abortion, and the child is born alive, the licensed medical professional shall:

(1) Exercise the same degree of reasonable medical judgment to preserve the life and health of the child in the same manner as the licensed medical professional would render to any child alive at birth of the same gestational age;

(2) Ensure that the child is immediately transported and admitted to an appropriate medical facility.

(b) Any licensed medical professional who knowingly and willfully violates subsection (a) of this section shall be considered to have breached the standard of care owed to patients and is subject to discipline from the appropriate licensure board for such conduct, including, but not limited to, loss of professional license to practice.

(c) Any person, not subject to subsection (a) of this section, who knowingly and willfully violates subsection (a) of this section is guilty of the unauthorized practice of medicine in violation of §30-3-13 of this code and, upon conviction thereof, is subject to the penalties contained in that CS for SB 352 section.

Provided, That the provisions of this subsection (c) enacted during the third extraordinary session of the Legislature, 2022, shall be effective 90 days from passage.