West Virginia Heartbeat Abortion Ban and Fetal Tissue Transfer Ban (HB 2915)

HB 2915 would restrict the performance of  certain abortions and acquiring, providing, receiving, otherwise transferring, or using fetal body parts.

The bill would redefine “medical emergency” to mean:

[…]a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, but not including psychological conditions, emotional conditions, familial conditions, or the woman’s age; or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.

Fetal Tissue

The bill would prohibit a person from acquiring, providing, receiving, otherwise transferring, or using fetal body parts.

This would not apply to:

• Diagnostic or remedial tests, procedures, or observations which have the sole purpose of determining the life or health of the fetus;
• Actions taken in regards to the final disposition of a fetal body part;
• Pathological studies; or
• Fetal tissue resulting from a miscarriage that was willingly donated.

A person who violates this provision would be guilty of a felony, punishable by up to 10 years in prison.

Heartbeat Abortion Ban

The bill would prohibit a physician from performing an abortion without first determining whether the fetus has a detectable heartbeat, except in the case of a medical emergency or when the abortion is medically necessary.

The bill defines “medically necessary” to mean:

• The pregnancy is a result of rape or incest (that must be reported to law enforcement);
• A miscarriage, if not all of the products of conception are expelled;
• A fetal abnormality that is incompatible with life.

The bill would allow the state Board of Medicine to develop rules specifying the appropriate tests to be used in determining the presence of a fetal heartbeat based on standard medical practice.

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