§ 16-2I-1 — Definitions

West Virginia § 16-2I-1

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 2I: WOMEN'S RIGHT TO KNOW ACT

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For the purposes of this article, the words or phrases defined in this section have these meanings ascribed to them.

“Abortion” means the same as that term is defined in §16-2F-2 of this code.

“Attempt to perform an abortion” means the same as that term is defined in §16-2M-2 of this code.

“Chemical abortion” means the use or prescription of an abortion-inducing drug dispensed with the intent to cause an abortion.

“Licensed medical professional” means the same as that term is defined in §16-2P-1 of this code.

“Medical emergency” means any condition which, in the reasonable medical judgment of the patient’s physician, so complicates the medical condition of a pregnant female as to necessitate the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the female will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

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

“Probable gestational age of the embryo or fetus” means what, in the judgment of the physician, will with reasonable probability be the gestational age of the embryo or fetus at the time the abortion is planned to be performed.

“Reasonable medical judgement” means the same as that term is defined in §16-2M-2 of this code.

“Stable Internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered by another other than the Department of Health and Human Resources.

Legislative History

2021 Reg. Sess., HB2982; 2003 Reg. Sess., SB170