Senate Committee on Health and Human Resources met Tuesday afternoon and advanced a bill regarding banning abortion pills.

Senate Bill 173 would prohibit the trafficking and dispensing of chemical abortion pills into West Virginia.

The legislation would amend the West Virginia Unborn Child Protection Act by adding provisions that specifically target “abortifacients”—chemical or drug agents used to terminate pregnancy. The bill defines an abortifacient as “any chemical or drug prescribed or dispensed with the intent of causing an abortion.”

According to the bill’s language, a person or entity would be guilty of performing or attempting to perform an abortion with an abortifacient if they knowingly and willfully:

• Send an abortifacient to a person in West Virginia by courier, delivery, or mail service
• Place an abortifacient into the stream of commerce knowing it will be used in or sent to West Virginia
• Prescribe an abortifacient to a person in West Virginia, regardless of whether the prescriber is located in the state
• Disseminate an abortifacient in West Virginia without a lawfully valid prescriptio

The bill establishes different penalties based on who commits the offense:

For non-medical professionals: A felony conviction with imprisonment in a state correctional facility for 3-10 years.

For licensed medical professionals: Subject to disciplinary action by the applicable licensing board. If found to have knowingly and willfully violated the law, the medical professional’s license shall be revoked.

The legislation specifically states that “a woman who unlawfully receives an abortifacient” cannot be charged with or convicted of a criminal offense related to her own unborn child.

The bill would also create a civil cause of action, allowing a pregnant woman or her family members to sue anyone who knowingly and willfully violates the prohibition. If a claimant prevails, they may receive:

• Injunctive relief preventing future violations
• Damages of $10,000 for each abortion that was knowingly and willfully performed or attempted

Notably, an indictment or conviction is not required to establish liability in a civil action.

The bill provides limited exceptions:

• Pharmacies fulfilling lawfully valid prescriptions issued by licensed medical professionals in West Virginia
• Physicians providing medical procedures or services for legitimate medical reasons to a pregnant woman that result in accidental or unintentional physical injury to or death of the unborn child

Originally, the bill required that within one year of initial licensure, all licensed medical professionals complete two hours of continuing medical education regarding “the dangers of the abortion pill and the efficacy of the abortion pill reversal.” Senator Tom Takubo (R-Kanawha, 17) successfully amended the bill to change the continuing education piece to an attestation and a signed affidavit stating the medical professional knows that the anti-abortion law is codified in West Virginia.

The legislation now advances to the Senate Judiciary committee for further consideration.

The Senate Education Committee met Tuesday morning to discuss bills regarding the Board of Education, non-traditional instruction days, and athletic training in secondary schools.

Senate Bill 176 would extend the number of non-traditional instruction days for instructors from five to 10 days, which would count toward the 180 required days of school instruction.

This bill aims to clarify the number of non-traditional instructional days for teachers.

The legislation was reported to the full Senate with a recommendation of passage, first being reported to the committee on Finance.

Senate Bill 232 would establish the West Virginia Secondary School Athletic Trainer and Career Technical Education Program Act.

This bill would establish a five-year program to have licensed athletic trainers in all secondary high schools in West Virginia.

The bill was reported to the full Senate with a recommendation of passage, first being reported to the committee on Finance.

Career and technical education (CTE) programs for athletic training would be present in each high school through the Board of Education. The program would be fully implemented by July 1, 2031, and all secondary schools must have a licensed athletic trainer on staff.

Senate Bill 694 would no longer require a county superintendent of schools to reside in the county in which he or she serves or in a contiguous county.

The county superintendent would be appointed by the board upon a majority vote of the members and serve for a term of no less than one year and no more than four years.

Senator Trenton Barnhart (R – Pleasants, 03) proposed an amendment that would require the county superintendent to be within a one-hour drive from the board office instead of a two-hour drive, to encourage being in the local area of the community.

After the discussion, Senator Barnhart withdrew his amendment.

Senate Craig Hart (R–Mingo, 06) proposed a conceptual amendment limiting the state board’s authority and granting authority to the elected board of education when electing a superintendent within a county.

Following the discussion, the amendment was rejected.

Senator Scott Fuller (R – Wayne, 05) proposed an amendment to not require a time limit for the county superintendent.

The amendment was adopted.

The bill, as amended, was reported to the full Senate with a recommendation of passage.