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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors

§16-2F-1. Legislative Findings and Intent

(a) The Legislature finds that immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences of their actions; that the medical, emotional and psychological consequences of abortion are serious and of indeterminate duration, particularly when the patient is immature; that in its current abortion policy […]

§16-2F-2. Definitions

For purposes of this article, unless the context in which used clearly requires otherwise: As used in this article: (1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a female known to be pregnant and with intent to cause the expulsion […]

§16-2F-4. Process to Obtain Waiver of Notification

(a) An unemancipated minor who objects to the notice being given to her parent or legal guardian may petition for a waiver of the notice to the circuit court of the county in which the unemancipated minor resides or in which the abortion is to be performed, or to the judge of either of such […]

§16-2F-5. Emergency Exception From Notification Requirements

(a) The notification requirements of section three of this article do not apply where the attending physician certifies that there is a need for an abortion to be performed due to a medical emergency. A description of the medical emergency shall be maintained with the unemancipated minor’s medical records. (b) If the physician who is […]

§16-2F-6. Reporting Requirements for Physicians

(a) A physician performing an abortion upon an unemancipated minor shall provide the secretary a written report of the procedure within thirty days after having performed the abortion. The following information, in addition to any other information which may be required by the secretary, regarding an unemancipated minor receiving the abortion shall be included in […]

§16-2F-7. Article Not to Be Construed to Require Abortion

Nothing in this article, nor in any order issued pursuant thereto, shall require that a physician perform an abortion or that any person be required to assist in the performance of an abortion if such physician or person, for any reason, medical or otherwise, does not wish to perform or assist in such abortion.

§16-2F-8. Penalties

(a) Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have acted outside the scope of practice permitted by law or otherwise in breach of the standard of care owed to patients, and is subject to discipline from the applicable […]

§16-2F-9. Severability

Effective from the reenactment of this section during the third extraordinary session of the Legislature, 2022, this article is of no force or effect unless any provision of 16-2R-1 et seq. of this code is judicially determined to be unconstitutional.