§16-2R-1. Legislative Findings
The Legislature finds that the State of West Virginia has a legitimate interest in protecting unborn lives and prohibiting abortions in West Virginia except in the circumstances set forth in this article.
§16-2R-2. Definitions
The definitions set forth in this section are controlling for purposes of this article and of this code, irrespective of terms used in medical coding, notations, or billing documents. For purposes of this article: “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy […]
§16-2R-3. Prohibition to Perform an Abortion
(a) An abortion may not be performed or induced or be attempted to be performed or induced unless in the reasonable medical judgment of a licensed medical professional: (1) The embryo or fetus is nonviable;
§16-2R-4. Not Considered an Abortion
(a) Abortion does not include: (1) A miscarriage;
§16-2R-5. Requirements When an Abortion Is Performed on an Unemancipated Minor
(a) If an abortion is performed on an unemancipated minor under the circumstances set forth in 16-2R-3(a) of this code, the licensed medical professional or his or her agent shall provide notice to the parent, guardian, or custodian of the unemancipated minor within 48 hours after the abortion is performed: (1) Directly, in person, or […]
§16-2R-6. Reporting by Licensed Medical Professionals Regarding Abortion
Any abortion performed or induced in this state is subject to the reporting requirements of 16-5-22.
§16-2R-7. Licensure Action
A licensed medical professional who knowingly and willfully performs, induces, or attempts to perform or induce an abortion, with the intent to violate the provisions of 16-2R-3 of this code, is subject to disciplinary action by his or her applicable licensing board. If the licensing board finds that the licensed medical professional has knowingly and […]
§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 […]
§16-2R-9. Severability
If any provision of 16-2R-1 et seq. of this code is judicially determined to be unconstitutional, this entire article shall be of no force and effect and the provisions of 16-2F-1 et seq., 16-2I-1 et seq., 16-2M-1 et seq., 16-2O-1, 16-2P-1, 16-2Q-1, and 33-42-8 of this code shall become immediately effective.