The proposed bill introduces the West Virginia Chemical Abortion Prohibition Act, which establishes specific offenses related to the provision of chemical abortions by healthcare providers. Under this act, healthcare providers who administer or attempt to provide a chemical abortion without a physical examination, without being present at the location, without scheduling a follow-up visit, and without providing necessary disposal kits can face fines of up to $1,000 or imprisonment for up to three years. Importantly, the bill stipulates that patients who undergo abortions cannot be prosecuted under this act, and it clarifies that the act does not affect the treatment of verified ectopic pregnancies.

Additionally, the bill outlines definitions for key terms such as "abortion drug," "chemical abortion," and "healthcare provider," and it includes provisions for the proper disposal of discarded abortion drugs, placing the responsibility on manufacturers for cleanup and remediation if such drugs are found in wastewater. Violations of the disposal provisions can result in fines of $20,000 per incident. The bill also includes a severability clause, ensuring that if any part of the act is deemed invalid, the remaining provisions will still be enforceable.

Statutes affected:
Introduced Version: 16-2S-1, 16-2S-2, 16-2S-3, 16-2S-4, 16-2S-5, 16-2S-6