
Culture & Conversation Abortion
This law was last updated on Jan 2, 2019
HB 4588
Vetoed
Feb 18, 2014
Co-sponsors: 10
s: 1
Primary Sponsors: 1
Total Sponsors: 12
HB 4588 would have banned abortions at 20 weeks post-fertilization unless, in the physician’s reasonable medical judgment, an abortion is necessary to avert the woman’s death or a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition.
The bill states that an abortion does not become necessary if the risk of death or a substantial and irreversible physical impairment of a major bodily function arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.
The bill also states that an abortion performed after 20 weeks must be performed in a manner that provides the best opportunity for the “unborn child” to survive, unless in the physician’s reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function than would another method. No such greater risk would have existed if it is based on a claim or diagnosis that the woman will engage in conduct which will result in her death or in substantial and irreversible physical impairment of a bodily function.
The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.
The purpose of the 20-week ban would have been to “assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”
Physician Reporting Requirements
Abortion providers would have been required to report certain information to the Department of Health, including:
Reporting Requirements
The bill would have required the Department of Health to issue a public report providing statistics compiled from all the reports provided by physicians by June 30 of each year.
STATUS
HB 4588 passed the House on February 25, 2014 and the Senate on March 8. On March 28, Gov. Earl Ray Tomblin vetoed the bill.
Similar to SB 388, which also failed to pass in 2014. (Incidentally, SB 388 contains a provision that would have provided for the creation of a litigation defense fund. That fund would have included appropriations made by the Legislature as well as donations and gifts. HB 4588 does not contain a litigation defense fund provision.)