Bill Amendment: WV SB352 | 2024 | Regular Session
Bill Title: Modifying Unborn Child Protection Act
Status: 2024-03-08 - On 3rd reading with right to amend, Special Calendar [SB352 Detail]
Download: West_Virginia-2024-SB352-sb352_hfa_burkhammer_3-6_1.html
SB352 HFA Burkhammer 3-6 #1
Delegate Burkhammer moved to amend the bill on page 2, section 16-2R-3, line 39, by striking subsection (h) in its entirety and inserting in lieu thereof:
(h) An abortion performed pursuant to this article, except in the case of an ectopic pregnancy or medical emergency, requires the voluntary and informed consent of the patient as defined in this section. Consent to an abortion is voluntary and informed if the licensed medical professional, at least 24 hours prior to the performance or induction of an abortion, provides:
(1) A patient who has satisfied the requirement of subsection (b) or subsection (c) with a hyperlink to the website provided for in subsection (i) and printed materials issued by the Department of Health containing the following:
(A) Information on the medical risks associated with the particular abortion procedure to be employed, including the risks of infection, hemorrhage, danger to subsequent pregnancies, and infertility;
(B) Information on the medical risks associated with carrying her child to term;
(C) Notice of the patient's right to view an ultrasound image of the embryo or fetus provided for in subsection (k);
(D) A description of and hyperlink to the website on perinatal hospice services provided for in subsection (j);
(E) Geographically indexed materials designed to inform the reader of public and private agencies and services available to assist a patient through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers;
(F) Information on the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the embryo or fetus's survival and pictures or drawings representing the development of an embryo or fetus at two-week gestation increments: Provided, That any such pictures or drawings must contain the dimensions of the embryo or fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages.
(2) A patient who is seeking an abortion, in the case of a nonviable fetus, with a hyperlink to the website provided for in subsection (j).
(i) The Department of Health shall create and maintain a website containing the following:
(1) Up-to-date evidence-based information known to the Department about any in-utero disability or diagnosis that has been peer reviewed by medical experts and any national disability rights organizations. The information provided shall include the following:
(A) Physical, developmental, educational, and psychological outcomes;
(B) Life expectancy;
(C) Clinical course;
(D) Intellectual and functional development;
(E) Treatment options;
(F) Information hotlines specific to any in-utero fetal disabilities or conditions;
(G) Information about adoption specific to disabilities; and
(H) National and local disability rights organizations, support groups, and educational programs.
(2) A directory of pregnancy help organizations eligible to receive funds pursuant to §16-66-1 et seq. of this code;
(3) A hyperlink to existing resources and programs available from the Department of Human Services with tools to determine the patient's eligibility;
(4) A directory of abortion pill reversal providers with a hyperlink and telephone number for credible national, state, or local organizations engaged in providing abortion pill reversal and/or referring for abortion pill reversal;
(5) Information regarding perinatal hospice and palliative care including a directory of perinatal hospice and palliative care providers;
(6) Information on the probable anatomical and physiological characteristics of the embryo and fetus at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the embryo or fetus's survival and pictures or drawings representing the development of an embryo or fetus an two-week gestational increments: Provided, That any such pictures or drawings must contain the dimensions of the embryo or fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages.
(7) Geographically indexed materials designed to inform the reader of public and private agencies available to assist a patient through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers.
(j) The Department of Health shall create and maintain a website containing the following:
(1) A description of perinatal hospice services referencing peer-reviewed studies demonstrating the impact of perinatal hospice on families who choose to avail themselves of those services;
(2) A directory of perinatal hospice providers in West Virginia and surrounding states;
(3) A hyperlinked list of existing resources which may potentially mitigate the financial cost of utilizing perinatal hospice services; and
(4) A directory of existing resources addressing grief for infant loss.
(k) A patient shall have the right to view an ultrasound image of the embryo or fetus if an ultrasound is performed prior to the performance or induction of an abortion.
Adopted
Rejected
