CHARLESTON, WV (LOOTPRESS) – The Senate Committee on Health and Human Resources met Tuesday afternoon and advanced legislation that would further restrict abortion-related drugs in West Virginia.
Senate Bill 173 would prohibit the trafficking and dispensing of chemical abortion pills into the state.
The measure would amend the West Virginia Unborn Child Protection Act by adding provisions that specifically target “abortifacients,” defined in the bill as “any chemical or drug prescribed or dispensed with the intent of causing an abortion.”
Under the legislation, a person or entity would be guilty of performing or attempting to perform an abortion with an abortifacient if they knowingly and willfully send an abortifacient into West Virginia by courier, delivery, or mail service; place an abortifacient into the stream of commerce knowing it will be used in or sent to the state; prescribe an abortifacient to a person in West Virginia regardless of where the prescriber is located; or disseminate an abortifacient in West Virginia without a lawfully valid prescription.
The bill establishes different penalties depending on who commits the offense. Non-medical professionals would face a felony charge punishable by three to 10 years in a state correctional facility.
Licensed medical professionals would be subject to disciplinary action by their licensing boards, and if found to have knowingly and willfully violated the law, their licenses would be revoked.
The legislation specifies that “a woman who unlawfully receives an abortifacient” cannot be charged with or convicted of a criminal offense related to her own unborn child.
Senate Bill 173 would also create a civil cause of action allowing a pregnant woman or certain family members to sue anyone who knowingly and willfully violates the prohibition.
If successful, a claimant could receive injunctive relief to prevent future violations and damages of $10,000 for each abortion that was knowingly and willfully performed or attempted. An indictment or criminal conviction would not be required to establish civil liability.
The bill includes limited exceptions for pharmacies that fulfill lawfully valid prescriptions issued by licensed medical professionals in West Virginia, and for physicians who provide medical procedures or services for legitimate medical reasons that result in accidental or unintentional injury or death of an unborn child.
An earlier version of the bill required licensed medical professionals to complete two hours of continuing medical education on abortion pills within one year of licensure.
That provision was amended by Senator Tom Takubo, R-Kanawha, to instead require an attestation and signed affidavit stating the medical professional knows the state’s anti-abortion law is codified in West Virginia.
The bill now advances to the Senate Judiciary Committee for further consideration.
