West Virginia Bill Regarding Parental Notification of Minors (SB 424)
This law was last updated on Apr 13, 2017
SB 424 would prohibit a physician from performing an abortion upon a minor or upon an individual who has been appointed a guardian or conservator due to the individual’s incompetency until 48 hours have passed following the delivery of written notice of the pending abortion, except in the case of a medical emergency.
The bill would require the notice to be delivered to the parent of the unemancipated minor or the guardian or conservator at their usual place of residence and to be delivered personally by the physician or their agent, or via certified mail.
Notice may be waived if the person entitled to notice certifies in writing that he or she has been notified.
The bill would amend certain procedures related to obtaining a waiver of notification and petitioning the court.
If a medical emergency exists, the physician would be required to make a reasonable effort to inform the parent, managing conservator, or guardian of the unemancipated minor within 24 hours after the time a medical emergency abortion is performed on the minor of:
- the performance of the abortion; and
- the basis for the determination that a medical emergency existed.
The physician would also be required to send a written notice, no later than 48 hours after the procedure) that a medical emergency occurred and that the parent, managing conservator, or guardian may contact the physician for more information and medical records.
The bill would require additional information to be included on physician reporting forms. Such forms would be required to contain:
- The number of unemancipated minors for whom notice was required;
- The number of notices which were delivered personally and the number of notices which were delivered by mail;
- Following the notice, the number of unemancipated minors who, based upon the physician’s information and belief, obtained an abortion;
- The number of abortions performed without providing notification and, of these, the number of abortions performed on emancipated minors and the number of abortions performed due to a medical emergency;
- The number of abortions performed upon an unemancipated minor without parental notification following a wavier being granted pursuant to section four of this article; and
- The number of abortions performed upon a female who has had a guardian or conservator appointed for them pursuant to the provision of article forty-four-a of this code.
The bill would require the Secretary of the Department of Health and Human Resources to prepare an annual report by the last of June of each year containing a statistical analysis of the information compiled from physician reports, and data on the number of petitions or motions filed with the court.
Civil Cause of Action
Performing an abortion upon an unemancipated minor in violation of this article or knowingly failing to conform to any requirement of this article would be grounds for a civil action by a person, who being entitled to notice under this article, is wrongfully denied notification.
Similar to HB 2002.
- Randy Smith
- Sue Cline
- Mike Azinger
- Gregory Boso
- Charles Clements
- Kenny Mann
- Michael Maroney
- Richard Ojeda
- Chandler Swope
- Ryan Weld
- Ryan Ferns
- Robert Karnes
- Ed Gaunch
- Jeffrey Mullins
- Tamejiro Takubo
- Charles Trump
- Mark Maynard
- Dave Sypolt
- Donna J. Boley
- John R. Unger II
- Mike Hall
- Craig Blair
- Roman Prezioso