The proposed bill aims to establish the "Right to Contraception Act" in West Virginia, which would affirm the rights of individuals to access contraceptives and engage in contraception without undue restrictions. It defines key terms such as "contraception," "contraceptive," and "health care provider," and outlines that both individuals and health care providers have the right to obtain and provide contraceptives and related information. The bill prohibits any laws or regulations that would limit access to FDA-approved contraceptives or impede individuals from assisting others in obtaining them. Additionally, it requires that any limitations imposed must significantly advance safety and cannot be achieved through less restrictive means.

The enforcement provisions of the bill empower the Attorney General to initiate civil actions against violations, while also allowing individuals or entities adversely affected by such violations to seek legal recourse. Health care providers are specifically granted the right to act on behalf of themselves, their staff, and their patients in cases of alleged violations. If a court finds a violation, it is mandated to set aside the offending limitation and may provide equitable relief, including injunctive measures. Overall, the bill seeks to ensure that the right to contraception is protected and accessible in West Virginia.

Statutes affected:
Introduced Version: 16-67-1, 16-67-2, 16-67-3, 16-67-4