West Virginia Bill Relating to the Care of Aborted Fetuses (SB 91)

SB 91 would require facilities that perform abortions to administer anesthesia to a fetus that is aborted if it is older than seven weeks.

The bill requires the anesthesia used and the method of administering the anesthesia to conform to medical standards used in fetal surgery.

A facility or person that violates this provision would be guilty of a misdemeanor punishable by six to twelve months in jail and/or a fine of $1,000 to $5,000.

Born-Alive Provision

If during the course of an abortion procedure, a fetus is aborted alive, the facility and all individuals involved in the procedure would be required to use all available medical means to “preserve, promote and maintain the life of the fetus.”

A person who violates this provision would be guilty of a felony punishable by one to three years in prison and/or a fine of $1,000 to $5,000.

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Related Legislation

Identical to SB 21, which failed to pass in 2017.

Similar to SB 23 and SB 271, which failed to pass during the 2015-2016 legislative session.

Similar to SB 223, SB 48 and HB 2083, all of which failed to pass in 2014.

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People