§ 16-2M-6 — Penalties

West Virginia § 16-2M-6

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 2M: THE PAIN-CAPABLE UNBORN CHILD PROTECTION ACT

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(a) Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have acted outside the scope of practice permitted by law or otherwise in breach of the standard of care owed to patients, and is subject to discipline from the applicable licensure board for that conduct, including, but not limited to, loss of professional license to practice.

(b) Any person, not subject to subsection (a) of this section, who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have engaged in the unauthorized practice of medicine in violation of section thirteen, article three, chapter thirty of this code, and upon conviction, subject to the penalties contained in that section.

(c) In addition to the penalties set forth in subsections (a) and (b) of this section, a patient may seek any remedy otherwise available to such patient by applicable law.

(d) No penalty may be assessed against any patient upon whom an abortion is performed or induced or attempted to be performed or induced.

Legislative History

2015 Reg. Sess., HB2568; 2014 Reg. Sess., HB4588