This bill seeks to amend the Code of West Virginia by prohibiting the use and sale of abortifacients, which are defined as any drug or substance used to induce an abortion, particularly those requiring a prescription or not approved by the FDA. The bill introduces new definitions, including "foreign sender," which refers to individuals or entities that send abortifacients to addresses or persons in West Virginia, and outlines specific conditions under which the prohibition applies. It establishes that performing or attempting to perform an abortion with an abortifacient is a felony, punishable by up to 10 years in prison or a fine of up to $100,000.

Additionally, the bill allows for private causes of action, enabling a pregnant woman who receives an abortifacient to sue individuals or entities that violate the prohibition. If successful, the court may award damages of $10,000 for each abortion performed or attempted in violation of the law. The bill also includes provisions for affirmative defenses for licensed medical professionals and pharmacies acting within the bounds of legitimate medical practice. Furthermore, it ensures that no woman can be charged with a criminal offense for the death of her unborn child under this section and establishes severability for any invalid provisions.

Statutes affected:
Introduced Version: 16-2R-2, 16-2R-10