§ 16-2F-2 — Definitions

West Virginia § 16-2F-2

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 2F: PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON UNEMANCIPATED MINORS

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For purposes of this article, unless the context in which used clearly requires otherwise:

As used in this article:

(1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a female known to be pregnant and with intent to cause the expulsion of a fetus other than by live birth. This article does not prevent the prescription, sale, or transfer of intrauterine contraceptive devices, other contraceptive devices, or other generally medically accepted contraceptive devices, instruments, medicines or drugs for a female who is not known to be pregnant and for whom the contraceptive devices, instruments, medicines or drugs were prescribed by a physician solely for contraceptive purposes and not for the purpose of inducing or causing the termination of a known pregnancy.

(2) “Medical emergency” means the same as that term is defined in §16-2M-2 of this code.

(3) “Secretary” means the Secretary of the West Virginia Department of Health and Human Resources.

(4) “Unemancipated minor” means any person less than 18 years of age who is not, or has not been, married, who is under the care, custody, and control of the person’s parent or parents, guardian, or court of competent jurisdiction pursuant to applicable federal law or as provided in §49-4-115 of this code.

Legislative History

2018 Reg. Sess., HB4020; 2017 Reg. Sess., HB2002; 2007 Reg. Sess., SB544; 2006 Reg. Sess., SB519; 2005 Reg. Sess., SB533; 1984 Reg. Sess., HB1278