Friday, August 29, 2025
Friday, August 29, 2025
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Senate Passes Family Planning Bill

The Senate met briefly Tuesday afternoon, quickly suspending the constitutional rules to pass Senate Bill 3001, which deals with family planning.

The bill would require private and public employee health insurance coverage for tubal ligation and vasectomies, provide adoptive families eligibility for early childhood intervention programs through the Department of Health and Human Resources, double the state’s adoption tax credit, and increase access to hormonal contraceptives.

The legislation would also remove a current prohibition on licensed pharmacists from dispensing self-administered contraceptives to anyone under the age of 18. The bill would take effect July 1, 2023.

The originating bill now moves to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, Jan. 27, at 2 p.m.

House Judiciary Advances Abortion Bill to Floor

The House Judiciary Committee met today to discuss House Bill 302, clarifying WV abortion law.

The changes in the bill include the insertion of Article 2R: the Unborn Child Protection Act. House Bill 302 prohibits abortion in West Virginia. The bill changed very little from the version introduced by the Health Committee yesterday. A definition changes from the originating bill for ectopic pregnancy to ectopic fertilization did take place for clarification purposes.

The exceptions to the prohibition of abortion are non-viable fetus, ectopic fertilization, and medical emergency based on a medical professional’s opinion. An amendment offered to add exceptions for rape and incest was rejected.

The changes from current law to House Bill 302 included abortion ban from 20 weeks to 0 weeks, informed consent is removed, and minor’s no longer having to wait 24 hours. In case of minors, parental notification remains.

Concerns about the potential criminal penalties for medical professionals were expressed, as penalties include up to 10 years in prison. Another concern was the lack of religious exemptions.

According to a Rabbi that testified, Jewish faith allows abortion, especially in the cases of rape and incest. While they believe life begins at conception, they believe personhood begins at birth. Due to this belief, the mother’s personhood takes precedent over the unborn fetus, as it has no personhood. Jewish beliefs protect the mother’s mental and physical. The Rabbi expressed this bill could lead to religious freedom issues.

The committee advanced the bill to the House Floor as amended.

Third Extraordinary Session of 2022 Continues

During today’s session meeting, the House received committee reports.

House Bill 301, relating to reducing personal income taxes, was read for the first time.

House Bill 302, clarifying WV abortion laws, was read a second time, with the right to amend on third. For more about House Bill 302, click here.

The Committee on Health and Human Resources will meet at 2 p.m. in Room 215.

A Public Hearing will be held at 9 a.m. on Wednesday July 27, 2022 for House Bill 302 – Clarifying West Virginia’s abortion laws. Those wishing to speak can sign up beginning at 8:30 a.m.

The House is adjourned until 12 p.m. tomorrow, July 27, 2022.

House HHR Advances Abortion Bill

The House Health and Human Resources Committee met today to discuss a bill to clarify abortion laws in West Virginia. The new law prohibits abortion in West Virginia.

The new definition for abortion is the termination of a pregnancy using an instrument, medicine, drugs or other substances/device. A medical emergency is defined as “a condition that so complicates the medical condition of a patient as to necessitate an immediate abortion to avert the patient’s death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.”

The bill contains new definitions for contraception, ectopic pregnancy, fetal tissue research, implantation, and in vitro fertilization. Contraceptive remains available in the state. According to counsel Plan B, a form of emergency contraception is protected in the definition of contraception as it “prevents pregnancy by interfering with the normal process of ovulation, fertilization, and implantation.”

The exceptions to the prohibition of abortion based on a medical professional’s opinion are non-viable fetus, ectopic pregnancy, and medical emergency. Miscarries and stillbirths are not abortions and medical procedures to treat such are protected. Accidental death or unintentional injury to a fetus during medical treatment is not abortion. Examples of this include chemotherapy for a pregnant cancer patient or keeping a pregnant person on medications for health issues.

The bill does not allow for exceptions for rape or incest. An amendment for this exception was proposed and failed.

The bill does establish penalties for violating this section of the code. Any person who administers drugs or other things to produce abortion or miscarriage shall be guilty of a felony and shall face three to ten years in prison. If the woman dies due to the abortion, the person shall be guilty of murder. Licensed medical professionals who violate this section of the code will be considered as having acted outside the scope for practice permitted by law or in breach of the standard of care of the patient and is subject to discipline from the licensure board and potentially loss of licenses. Under this article, a mother shall not be subject to a criminal penalty for any violation. Any medical professional acting in good faith and with the patient’s health in mind should not be subject to these penalties.

The bill passed the committee with the recommendation that it goes to House Judiciary next.

Senate Finance Advances Family Planning Bill

The Senate Finance committee advanced an originating bill Monday evening that would assist with family planning programs.

The legislation includes mandatory insurance coverage for tubal ligation and vasectomy procedures. It would make adoptive families eligible for early intervention programs through DHHR, would make changes to the state’s adoption tax credit, and would increase access to hormonal contraceptives.

The bill would also remove the current prohibition that bars licensed pharmacists from dispensing self-administered contraceptives to anyone under the age of 18.

The legislation would cost around $3 million. The bill now heads to the floor to be considered by the full Senate.

Legislature Convenes for Third Extraordinary Session

The Senate convened at noon today for the Third Extraordinary Session of 2022; the House followed at 12:45 p.m.

Each house heard the Governor’s Proclamation, relating to the reduction of personal income tax. The House received the amended proclamation, which includes clarifying abortion law.

The Senate also confirmed all 102 nominations from the Governor.

The Senate returned at 3:45, quickly receiving the Governor’s amended proclamation before adjourning.

Senate Committees Today:

The Senate Finance Committee will meet at 4 p.m. in room 451M.

House Committees Today:

The Committee on Health and Human Resources will meet at 2 p.m. in Room 215.

The Finance Committee will meet at 5 p.m. in Room 460.

The Senate is adjourned until tomorrow at 10 a.m.

The House is in recess until 6 p.m.

The House returned at 6 p.m. to receive committee reports. House Bill 302 was read for the first time and referred to the Judiciary Committee.

A Public Hearing will be held at 9 a.m. on Wednesday July 17, 2022 for HB 302 – Clarifying West Virginia’s abortion laws.

House Committee Meetings Tomorrow, Tuesday July 26, 2022

The Finance Committee will meet at 9 a.m. in Room 460.

The Judiciary will meet at 8:30 a.m.in Room 410

The House is adjourned until 11 a.m. tomorrow July 26, 2022.

Interim Report: Joint Standing Judiciary Committee

The Joint Standing Judiciary Committee met on July 25, 2022 to hear a presentation on workload studies of West Virginia courts.

The Supreme Court of Appeals of West Virginia has contracted with the National Center for State Courts to perform three studies, two of which are Delphi studies and one that is a time and motion study. The Delphi studies take expert opinions from a panel of judges who process specific cases. They explain the time and work that goes into various types of cases. The Time and Motion Study requires judges to track all work, case and non-case related for one month. Then, weights are applied to various tasks. All tasks required to complete a case is added up. The more complex the case usually means a higher weight.

The Delphi Studies are studying workload for the magistrates and the family/circuit courts. These studies should be complete January 5, 2023. The Time and Motion study is on the family/circuit courts. The Supreme Court of Appeals plans to have it complete in July 2023.

These studies are being completed because of requests of the Legislature, as well as complaints from magistrates that the workload is too high. There have been issues in single magistrate districts when a judge must be recused from a case. Last year, there were about 585 recusals from magistrate, family, and circuit courts. If a judge in a single magistrate district is recused, it sets off an administrative chain to find a different magistrate and can cause the case to be moved.

Interim Report: Commission on Transportation Accountability

Transportation Secretary Jimmy Wriston told the committee on Sunday afternoon that inflation continues to be a hindrance to road construction projects across West Virginia.

Specifically, Winston spoke of supply chain issues and the difficulty purchasing and maintaining vehicles and construction equipment amid 9.1 percent inflation in the last 12 months and a 1.3 percent increase in June alone.

Wriston noted that with those challenges, it has been impossible for state dollars to keep pace. The state ended the fiscal year roughly $72 million below projections for the state Road Fund. The fund comes from a mix of sources, including gasoline tax, licenses and registration fees and federal reimbursements.

Wriston pointed out that those revenue streams are down across the board, but the gasoline tax revenue has declined the most, amid soaring gas prices in recent months.

Interim Report: Committee on PEIA, Seniors and Long Term Care

Jason Haught, PEIA interim director and chief financial officer, briefed the committee on the agency’s most recent finance board meeting as well as general topics, during Sunday afternoon’s interim meeting at the Capitol.

Haught explained to members that PEIA expenses continue to outpace current budgets. He noted that if nothing changes between now and the first quarter of next year, PEIA will need a 12 percent premium increase in 2024 for the non-state fund and a $56 million increase for the in-state fund. Haught noted that the $56 million would likely come from the PEIA rainy day fund.

Haught explained how, in the past, West Virginia and in-state providers have agreed to accept PEIA rates as a “reciprocal agreement to provide incentive for higher in-state carrier utilizations and savings to the taxpayer.”

According to Haught, PEIA reimburses out-of-state providers based upon the United Healthcare National Network Rate. All out of state care, with the exception of border counties, must have prior approval.

A PEIA member who seeks treatment out-of-state without prior approval is responsible for 30 percent of the cost, as opposed to 20 percent for in-state treatment.

Jim Kaufman, CEO of the West Virginia Hospital Association and Jody Ratliff, from Emergency Medical Services also spoke to the committee regarding PEIA rates.

Interim Report: The Joint Committee on Agriculture and Rural Development

The Joint Committee on Agriculture and Rural Development met on July 24, 2022 and heard a presentation on Veterinarian Technician Programs in the state.

Registered Veterinarian Technicians (Vet Tech) can do a lot of aspects of veterinarian services. They work to amplify the practice. There is a critical need for Vet Techs in the state. In West Virginia, there are 704 licensed veterinarians, but only 235 licensed veterinarian technicians. This is the equivalent of 1 nurse for every three doctors. The vet tech profession is expected to see 15 percent growth in the next 10 years. Vet techs make about $36,000 a year.

Veterinarians need well-trained Vet Techs to assist them in their practice. On average 90 students will go into a veterinarian program and only 20 will graduate. This leaves 70 individuals with an interest in the veterinarian field available to become a Vet Tech if they had the correct competencies.

In addition to private practice, vet techs can also work for the Department of Defense, the meat and poultry industry, state meat inspection, animal research facilities, the racing industry, and more.

Currently, there are 227 vet tech programs in the US and only 25 of them are 4-year bachelor’s programs. In WV, there are no bachelor’s programs. More than 90 percent of the vet tech curriculum is available at WVSU and WVU through other programs such as biology and animal care. It was suggested that students could take additional courses to meet all the competencies required to sit for the vet tech national exam. This is a cost-effective way to fill the gap in veterinarian care, prepare students for an open job market, and allow students to work through veterinarian school or other post-graduate programs.

To become a Vet Tech in WV, an individual must complete the needed competencies through coursework and take the jurisprudence exam to show an understanding of state veterinarian laws. If the individual was employed in another state, they must submit a letter from previous employers.