The proposed bill, titled the "Right to Contraception Act," aims to establish and protect the right to access contraception in West Virginia. It introduces definitions for key terms such as "contraception," "contraceptive," and "health care provider," and asserts that individuals have the right to obtain contraceptives and engage in contraception, while health care providers have the right to offer these services and information. The bill prohibits any laws or regulations that would restrict access to FDA-approved contraceptives or impede individuals from assisting others in obtaining them. Additionally, it requires that any limitations on these rights must be justified by clear and convincing evidence that they significantly advance safety without being overly restrictive.

The enforcement provisions of the bill empower the Attorney General to initiate civil actions against violations, and allow individuals or entities adversely affected by such violations to seek legal recourse. Health care providers can also act on behalf of themselves and their patients. If a court finds a violation, it is mandated to invalidate the offending limitation or requirement and may grant equitable relief, including injunctive relief. Overall, the bill seeks to ensure that the right to contraception is upheld and protected against any potential legal barriers.

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