The bill amends the Code of West Virginia to introduce new regulations regarding abortifacients, defined as any chemical or drug prescribed or dispensed with the intent of causing an abortion. It establishes a new section, 16-2R-10, which prohibits the mailing, prescribing, or dissemination of abortifacients without a valid prescription. The bill outlines specific actions that constitute violations, including sending abortifacients by courier or mail, placing them into commerce with knowledge of their intended use in West Virginia, and prescribing them without proper authorization. Violators, particularly those who are not licensed medical professionals, face felony charges with potential imprisonment of three to ten years. Additionally, the Attorney General is empowered to pursue civil claims against violators, with penalties reaching up to $150,000 for each violation.

The legislation also includes provisions for disciplinary actions against licensed medical professionals who violate these regulations, including the potential revocation of their medical licenses. However, it clarifies that women who receive abortifacients unlawfully cannot be charged with a criminal offense for the death of their unborn child. The bill provides exceptions for manufacturers, distributors, and pharmacies involved in lawful prescriptions, as well as for physicians performing legitimate medical procedures that may unintentionally harm the unborn child. Lastly, it includes a severability clause to ensure that if any part of the section is deemed invalid, the remaining provisions will still be enforceable.

Statutes affected:
Introduced Version: 16-2R-2, 16-2R-10
Committee Substitute: 16-2R-2, 16-2R-10
Engrossed Committee Substitute: 16-2R-2, 16-2R-10