This bill seeks to amend the Code of West Virginia by introducing new definitions and provisions related to abortifacients, specifically prohibiting their use or sale. It defines "abortifacient" as any drug or substance used to cause an abortion, particularly those requiring a prescription or not approved by the FDA. The bill also establishes that a "foreign sender" is someone who mails or sends an abortifacient to individuals in West Virginia or places it into commerce with knowledge of its likely use in the state. Additionally, it redefines the role of the Commissioner of the Bureau for Public Health, replacing it with the "Cabinet Secretary" of the West Virginia Department of Health.

The legislation imposes criminal penalties for performing or attempting to perform an abortion using an abortifacient, classifying it as a felony with potential imprisonment of up to 10 years and fines up to $100,000. It also allows for civil actions against those who violate these provisions, enabling individuals to seek damages of $10,000 for each abortion performed in violation of the law. The bill includes affirmative defenses for licensed medical professionals and pharmacies acting within the law, and it ensures that women cannot be charged for the death of their unborn child under this statute. Furthermore, it establishes a severability clause to maintain the validity of the remaining provisions if any part of the law is deemed invalid.

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