The Senate Judiciary Committee advanced a bill on Thursday evening that would prohibit out-of-state entities and health care providers from sending abortion pills to West Virginia.
Senate Bill 173 would prohibit the trafficking and dispensing of chemical abortion pills into West Virginia.
The bill was previously approved by the Senate Health Committee.
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 prescription
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 as it came over from Senate Health created 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 prevailed, they could receive:
- Injunctive relief preventing future violations
- Damages of $10,000 for each abortion that was knowingly and willfully performed or attempted
The Senate Judiciary Committee approved an amendment by Sen. Eric Tarr, (R-Putnam, 04) adding a requirement that claimants who would sue under the law notify the state attorney general. It also adds language that the attorney general may pursue civil action under the law and recover expenses to the maximum amount allowed by law. An indictment or conviction would not be necessary to establish liability.
Tarr said the addition would put pressure on the attorney general to sue.
He expressed concerns that a section in the bill allowing claimants to be awarded damages up to $10,000 may encourage abortion.
The legislation also approved an amendment clarifying that no criminal or civil action may be taken against motor carriers or freight forwarders as defined by federal code.
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.” Earlier this week in the Senate Health Committee, 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 full Senate for a vote.
