SB 43
Removing rape and incest exception to obtain abortion in WV
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to remove the exceptions for rape and incest that currently allow for abortions in certain circumstances. Specifically, it removes the ability to obtain an abortion if the pregnancy resulted from sexual assault or incest, unless the patient reports the assault or incest to law enforcement and receives medical treatment within specific timeframes. The bill also outlines requirements for hospital facilities and medical professionals performing these abortions.
Key provisions
- Removes the rape and incest exception to West Virginia’s abortion law.
- Requires patients to report sexual assault or incest to law enforcement within 48 hours of the abortion.
- Requires patients to receive medical treatment for the assault or incest within 48 hours of the abortion.
- Limits abortion access to hospitals licensed by the West Virginia Department of Health and Human Resources.
- Specifies that abortions cannot be performed using the partial birth abortion procedure.
- Requires a licensed medical professional with West Virginia hospital privileges to perform the abortion.
- Applies to minors and incompetent adults.
- Establishes a reporting requirement to the Child Abuse and Neglect Investigations Unit.
Who is affected
- Individuals seeking abortions in West Virginia
- Healthcare providers performing abortions
- Law enforcement agencies
- The West Virginia Department of Health and Human Resources
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