The bill aims to amend the Code of West Virginia by introducing stricter regulations regarding abortifacients under the Unborn Child Protection Act. It defines "abortifacient" as any drug or substance used to induce an abortion, particularly those requiring a prescription or not approved by the FDA. The bill also 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. Additionally, it establishes a new section, 16-2R-10, which outlines criminal penalties for the use or sale of abortifacients, including felony charges punishable by up to 10 years in prison or fines up to $100,000.

Furthermore, the bill allows for a private cause 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 also seek injunctive relief. The legislation specifies that a woman cannot be charged for the death of her unborn child under this law and provides affirmative defenses for licensed medical professionals and pharmacies acting within legal bounds. The bill emphasizes the protection of unborn children by imposing significant legal consequences for the distribution and use of abortifacients.

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