The bill aims 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. It introduces new definitions, including "foreign sender," which refers to individuals or entities that send abortifacients to addresses or persons within the state. The bill 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. It also clarifies that women cannot be charged for the death of their unborn child under this law.

Additionally, the bill allows for private causes of action, enabling individuals to sue those who knowingly perform or attempt to perform an abortion in violation of the new regulations. If successful, plaintiffs can receive damages of $10,000 for each violation and may seek injunctive relief. The bill includes provisions for affirmative defenses for licensed medical professionals and pharmacies acting within the law. It also establishes a three-year statute of limitations for bringing civil actions and includes a severability clause to ensure that if any part of the law is deemed invalid, the remaining provisions will still stand.

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