reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-18. Denial or Revocation of License for Operating Without Certificate

A person who violates the provisions of this article is subject to denial or revocation of a license, in whole or in part, to operate a proposed health service or health care facility. Upon a showing to the authority that a person is offering or developing a proposed health service without having first obtained a certificate of need or that a person is otherwise in violation of the provisions of this article, the authority shall provide a person with written notice which shall state the nature of the violation and the time and place at which the person shall appear to show good cause why its license should not be revoked or denied, at which time and place the person shall be afforded a reasonable opportunity to present testimony and other evidence in support of the person’s position. If, thereafter, the authority determines that the person's license to operate the health service or health care facility should be revoked or denied, the authority shall issue a written order to the appropriate licensing agency of the state, requiring that the person's license to operate the proposed health service or health care facility be revoked or denied. The order is binding upon the licensing agency.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-19. Injunctive Relief; Civil Penalty

(a) A person who acquires, offers or develops a proposed health service for which a certificate of need is required without first having a certificate of need therefore or violates any other provision of this article, or any legislative rule promulgated thereunder, the authority may maintain a civil action in the circuit court of the county where the violation has occurred, or where the person may be found, to enjoin, restrain or prevent the violation. An injunction bond is not required to be filed.
(b) The authority may assess a civil penalty for violation of this article.
(c) Upon the authority determining that there is probable cause to believe that a person is in violation of the provisions of this article, or any lawful rule promulgated thereunder, the authority shall provide the person with written notice which states the nature of the alleged violation and the time and place at which an administrative hearing shall take place. The hearing shall be conducted in accordance with the administrative hearing provisions of article five, chapter twenty-nine-a of this code.
(d) If the authority determines that the person is in violation of the provisions of this article or legislative rule, the authority shall assess a civil penalty of not less than $500 nor more than $25,000.
(e) In determining the amount of the penalty, the authority shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage.
(f) A person assessed shall be notified of the assessment in writing, and the notice shall specify the reasons for the assessment. If the person assessed fails to pay the amount of the assessment to the authority within thirty days, the authority may institute a civil action in the circuit court of the county where the violation has occurred, or where the person may be found to recover the amount of the assessment. In the civil action, the scope of the court's review of the authority’s action, which shall include a review of the amount of the assessment, shall be as provided in article five, chapter twenty-nine-a of this code for the judicial review of contested administrative cases.
2023 West Virginia Code › Chapter 16. Public Health › Article 2E. Birthing Centers › §16-2E-3. State Director of Health to Establish Rules and Regulations; Legislative Findings; Emergency Filing

The director of health shall promulgate rules and regulations not in conflict with any provision of this article, as it finds necessary in order to ensure adequate care and accommodations for consumers of birthing centers. In promulgating such regulations the director shall be limited to simple, necessary provisions which shall not have the effect of hampering the development and licensure of birthing centers. Such regulations shall not address acceptable site characteristics such as the number of minutes of travel time between a birthing center and a hospital, or physical environment, such as acceptable levels of temperature of any refrigerator found in a birthing center, or clinical equipment, such as the number and kind of clocks which a birthing center must have on the premises. Such regulations shall require that all birthing centers submit satisfactory evidence that the center has implemented the paternity program created pursuant to section thirteen of this article along with any application for licensure.
The Legislature hereby finds and declares that it is in the public interest to encourage the development of birthing centers for the purpose of providing an alternative method of birth and therefore, in order to provide for the licensing of such birthing centers to prevent substantial harm to the public interest because of preexisting delay, within sixty days of passage of this article, the director of health shall proceed to promulgate such rules and regulations under the provisions of section fifteen, article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 2E. Birthing Centers › §16-2E-4. Insurance

Not later than July 1, 1983, every policy or contract of individual accident and sickness insurance covered under the provision of article fifteen, chapter thirty-three, or policy or contract of group accident and sickness insurance covered under the provisions of article sixteen of said chapter, including, but not limited to, any subscriber contract issued by a corporation organized pursuant to article twenty-four of said chapter, shall include benefits to all subscribers and members for birthing center service charges, and for care rendered therein by a licensed nurse midwife or midwife as this occupation is defined in section one, article fifteen, chapter thirty of this code, and which care is within the scope of duties for such licensed nurse midwife or midwife as permitted by the provisions of section seven, article fifteen of said chapter thirty.
2023 West Virginia Code › Chapter 16. Public Health › Article 2E. Birthing Centers › §16-2E-5. Violations; Penalties; Injunction

Any person, partnership, association or corporation, and any local governmental unit or any division, department, board or agency thereof establishing, conducting, managing or operating a birthing center without first obtaining a license therefor as herein provided, or violating any provisions of this article or any rule or regulation lawfully promulgated thereunder, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for the first offense by a fine of not more than $100, or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment, in the discretion of the court. For each subsequent offense the fine may be increased to not more than $500, with imprisonment in the county jail for a period of not more than ninety days, or both such fine and imprisonment, in the discretion of the court. Each day of a continuing violation after conviction shall be considered a separate offense.
Notwithstanding the existence or pursuit of any other remedy, the director may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association, corporation, or any local governmental unit, or any division, department, board or agency thereof, to restrain or prevent the establishment, conduct, management or operation of any birthing center without first obtaining a license therefor in the manner hereinbefore provided.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-1. Legislative Findings and Intent

(a) The Legislature finds that immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences of their actions; that the medical, emotional and psychological consequences of abortion are serious and of indeterminate duration, particularly when the patient is immature; that in its current abortion policy as expressed in Bellotti v. Baird, 443 U.S. 622 (1979), H. L. v. Matheson, 450 U.S. 398 (1981), and Hodgson v. Minnesota, 497 U.S. 417, (1990), the United States Supreme Court held that notification of a parent with a judicial waiver procedure is Constitutional; that parents ordinarily possess information essential to a physician’s exercise of his or her best medical judgment concerning their child; and that parents who are aware that their minor daughter has had an abortion may better ensure that the minor receives adequate medical attention after her abortion.
(b) The Legislature further finds that parental consultation regarding abortion is usually desirable and in the best interests of the minor.
(c) The Legislature further finds there exists important and compelling state interests:
(1) In protecting minors against their own immaturity,
(2) In fostering the family structure and preserving it as a viable social unit, and
(3) In protecting the rights of parents to rear their own children in their own household.
(d) It is, therefore, the intent of the Legislature to further these important and compelling state interests by enacting this parental notice provision.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-2. Definitions

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.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-3. Parental Notification Required for Abortions Performed on Unemancipated Minors

(a) A physician may not perform an abortion upon an unemancipated minor until notice of the pending abortion as required by this section is complete.
(b) A physician or his or her agent may personally give notice directly, in person, by telephone or by letter to the parent, the guardian or conservator of the unemancipated minor at their usual place of residence and shall be delivered personally by the physician or his or her agent. Upon delivery of the notice, forty-eight hours shall pass until the abortion may be performed.
(c) A physician or his or her agent may provide notice by certified mail addressed to the parent, the guardian or conservator of the unemancipated minor at their usual place of residence, return receipt requested. The delivery shall be sent restricted delivery assuring that the letter is delivered only to the addressee. Time of delivery shall be deemed to occur at twelve o’clock noon on the next day on which regular mail delivery takes place unless. Upon delivery of the notice, forty-eight hours shall pass until the abortion may be performed.
(d) Notice may be waived if the person entitled to notice certifies in writing that he or she has been notified.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-5. Emergency Exception From Notification Requirements

(a) The notification requirements of section three of this article do not apply where the attending physician certifies that there is a need for an abortion to be performed due to a medical emergency. A description of the medical emergency shall be maintained with the unemancipated minor’s medical records.
(b) If the physician who is to perform the abortion concludes under subsection (a) of this section that a medical emergency exists and that there is insufficient time to provide the notice required by section three of this article, the physician shall make a reasonable effort to inform, in person or by telephone, the parent, managing conservator, or guardian of the unemancipated minor within 24 hours after the time a medical emergency abortion is performed on the minor of:
(1) The performance of the abortion; and
(2) The basis for the physician’s determination that a medical emergency existed that required the performance of a medical emergency abortion without fulfilling the requirements of section three.
(c) A physician who performs an abortion under the circumstances described in subsection (a) of this section shall, not later than 48 hours after the abortion is performed, send a written notice that a medical emergency occurred and that the parent, managing conservator, or guardian may contact the physician for more information and medical records, to the last known address of the parent, managing conservator, or guardian by certified mail, restricted delivery, return receipt requested. The physician may rely on last known address information if a reasonable and prudent person, under similar circumstances, would rely on the information as sufficient evidence that the parent, managing conservator, or guardian resides at that address. The physician shall keep in the minor’s medical record:
(1) The return receipt from the written notice; or
(2) If the notice was returned as undeliverable, the notice.
(d) A physician who performs an abortion on an unemancipated minor during a medical emergency as described in subsection (a) of this section shall execute for inclusion in the medical record of the minor an affidavit that explains the specific medical emergency that necessitated the immediate abortion.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-6. Reporting Requirements for Physicians

(a) A physician performing an abortion upon an unemancipated minor shall provide the secretary a written report of the procedure within thirty days after having performed the abortion. The following information, in addition to any other information which may be required by the secretary, regarding an unemancipated minor receiving the abortion shall be included in the reporting form:
(1) Age;
(2) Educational level;
(3) Previous pregnancies;
(4) Previous live births;
(5) Previous abortions;
(6) Complications, if any, of the abortion being reported;
(7) Reason for waiver of notification, if such notice was waived; and
(8) The city and county in which the abortion was performed.
(b) The report shall not contain the name, address or other information by which the unemancipated minor receiving the abortion may be identified.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-7. Article Not to Be Construed to Require Abortion

Nothing in this article, nor in any order issued pursuant thereto, shall require that a physician perform an abortion or that any person be required to assist in the performance of an abortion if such physician or person, for any reason, medical or otherwise, does not wish to perform or assist in such abortion.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-8. Penalties

(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) A 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.
2023 West Virginia Code › Chapter 16. Public Health › Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors › §16-2F-9. Severability

Effective from the reenactment of this section during the third extraordinary session of the Legislature, 2022, this article is of no force or effect unless any provision of 16-2R-
1 et seq
. of this code is judicially determined to be unconstitutional.
2023 West Virginia Code › Chapter 16. Public Health › Article 2G. Special Supplementary Food Program for Women, Infants and Children (Wic) › §16-2G-1. Voucher or Coupon Redemption and Payment

With respect to the vouchers or coupons or drafts authorized by the bureau of public health in the administration of the special supplementary food program for women, infants and children, commonly known as the WIC program, under the auspices and guidelines of the United States Department of Agriculture, such vouchers or coupons or drafts, when received by a vendor from a holder thereof in exchange for food, food stuffs, or authorized goods or services, may be deposited by the vendor in any federally insured bank in this state for collection and payment thereof, and such bank shall accept the same as equivalent to a negotiable instrument from a holder in due course pursuant to chapter forty-six of this code, and shall collect the funds for such vouchers or coupons so received.
All moneys received from the United States Department of Agriculture under the WIC program, except for moneys to be used for administration, shall be deposited by the commissioner of the bureau of public health in a special account in a federally insured bank in this state, and notwithstanding other provisions of this code to the contrary, this special account may be funded by the commissioner of the bureau of public health as a special advance payment imprest funds account to be reconciled at least annually by the state Treasurer from which said bank can daily make required wire transfers to pay each day's presentments of vouchers or coupons or drafts. The commissioner of the bureau of public health shall select the bank by competitive bidding in the same manner as the state Treasurer selects depository banks for state funds, subject to applicable federal laws or regulations governing such selection.
The provisions of this section enacted in the year one thousand nine hundred eighty-nine shall take effect on April 1, one thousand nine hundred ninety, except that the commissioner shall commence procedures for the selection of the bank and for implementation of the other provisions of this section upon the passage hereof.
Nothing in this section shall make such vouchers or coupons or drafts negotiable instruments for any purpose other than expressly set forth herein or as permitted by applicable federal laws or regulations.
2023 West Virginia Code › Chapter 16. Public Health › Article 2H. Primary Care Support Program › §16-2H-2. Primary Care Support Program

(a) There is hereby created the Primary Care Support Program within the Bureau of Public Health within the Department of Health and Human Resources. The program shall provide technical and organizational assistance to community-based primary care services.
(b) The Primary Care Support Program shall create and administer a Primary Care Grant Fund to grant money to federally qualified health centers and federally qualified health center look-alikes, and secure federal medical assistance percentage funding. Federally qualified health center look-alikes already receiving grant funding at the time this program is created shall continue to receive grant funding annually. Upon approval by the secretary of the department, federally qualified health centers in need of immediate financial assistance may be granted funding annually. All funds designated to federally qualified health centers may be transferred to Medicaid for the purpose of securing federal medical assistance percentage funding.
Additionally, the secretary may use certain portions of funds within this account for activities in support of rural and primary care.
There is hereby created a special revenue fund in the State Treasury to be known as the Primary Care Support Fund into which all appropriations, payments, and interest to the fund created herein shall be deposited, to be held and disbursed according to law.
(c) The Primary Care Support Program shall conduct and make available upon request an annual primary care report which shall consist of total West Virginia Medicaid primary care expenditures as a percentage of total West Virginia Medicaid expenditures.
(d) The Department of Health and Human Resources shall promulgate rules in accordance with §29A-3-1 et seq. of this code to implement the provisions of this article, and shall approve all loans, grants, and disbursements of money authorized by this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 2I. Women's Right to Know Act › §16-2I-1. Definitions

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 patients 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.
2023 West Virginia Code › Chapter 16. Public Health › Article 2I. Women's Right to Know Act › §16-2I-4. Internet Website

Within ninety days of the effective date of this article, the secretary of the Department of Health and Human Resources shall develop and maintain a stable Internet website to provide the information required to be provided pursuant to the provisions of section three of this article. No information regarding persons visiting the website may be collected or maintained. The secretary of the Department of Health and Human Resources shall monitor the website on a daily basis to prevent and correct tampering.
2023 West Virginia Code › Chapter 16. Public Health › Article 2I. Women's Right to Know Act › §16-2I-5. Procedure in Case of Medical Emergency

When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a twenty-four-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
2023 West Virginia Code › Chapter 16. Public Health › Article 2I. Women's Right to Know Act › §16-2I-6. Protection of Privacy in Court Proceedings

In every civil or criminal proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable, less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under section nine of this article shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-1. Legislative Findings

The Legislature makes the following findings:
(1) Pain receptors (unborn child's entire body nociceptors) are present no later than sixteen weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty weeks.
(2) By eight weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.
(3) In the unborn child, application of painful stimuli is associated with significant increases in stress hormones known as the stress response.
(4) Subjection to painful stimuli is associated with long- term harmful neuro developmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life.
(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli is applied without the anesthesia.
(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty weeks after fertilization, which point in the pregnancy is generally consistent with twenty-two weeks following the woman's last menstrual cycle, predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.
(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.
(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception while stimulation or ablation of the thalamus does.
(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.
(10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by pain capable gestational age as defined in subsection (7), section two, article two-m of this chapter.
(11) It is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-2. Definitions

For purposes of this article:
(1) "Abortion" means abortion as that term is defined in section two, article two-f of this chapter.
(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the person believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the applicable provisions of this code.
(3) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
(4) "Fetus" means the developing young in the uterus, specifically the unborn offspring in the postembryonic period from nine weeks after fertilization until birth.
(5) "Medical emergency" means a condition that, on the basis of a reasonably prudent physician's reasonable medical judgment, so complicates the medical condition of a pregnant female that it necessitates the immediate abortion of her pregnancy without first determining gestational age to avert her death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition may be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(6) "Nonmedically viable fetus" means a fetus that contains sufficient lethal fetal anomalies so as to render the fetus medically futile or incompatible with life outside the womb in the reasonable medical judgment of a reasonably prudent physician.
(7) "Pain capable gestational age" means twenty-two weeks since the first day of the woman's last menstrual period. The pain capable gestational age defined herein is generally consistent with the time that is twenty weeks after fertilization.
(8) "Physician" means a person with an unrestricted license to practice allopathic medicine pursuant to article three of chapter thirty of this code or osteopathic medicine pursuant to article fourteen, chapter thirty of this code.
(9) "Probable gestational age of the fetus" means, in reasonable medical judgment and with reasonable probability, the gestational age of the fetus at the time an abortion is planned to be performed.
(10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-3. Determination of Gestational Age

Except in the case of a medical emergency or a nonmedically viable fetus, no abortion may be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable gestational age of the fetus or relied upon such a determination made by another physician. In making this determination, the physician shall make inquiries of the patient and perform or cause to be performed medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to gestational age.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-4. Abortion of Fetus of Pain Capable Gestational Age Prohibited

(a) No person may perform or induce, or attempt to perform or induce, an abortion when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable gestational age of the fetus has reached the pain capable gestational age, unless in the reasonable medical judgment of a reasonably prudent physician there exists a nonmedically viable fetus or the patient has a condition that, on the basis of a reasonably prudent physician's reasonable medical judgment, so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition may be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(b) When an abortion upon a patient whose fetus has been determined to have a probable gestational age that has reached the pain capable gestational age is not prohibited by subsection (a) of this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the fetus to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the patient than would other available methods.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-5. Reporting

(a) Any physician who performs or induces an abortion shall report to the Bureau for Public Health. The reporting shall be on a schedule and on forms set forth by the Secretary of the Department of Health and Human Resources annually, no later than December 31. The reports shall include the following information:
(1) Probable gestational age:
(A) If a determination of probable gestational age was made, whether ultrasound was employed in making the determination, and the week of probable gestational age determined.
(B) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed or that there existed a nonmedically viable fetus.
(2) Method of abortion;
(3) If the probable gestational age was determined to have reached the pain capable gestational age, the basis of the determination that there existed a nonmedically viable fetus or that the patient had a condition which so complicated the medical condition of the patient that it necessitated the abortion of her pregnancy in order to avert her death or avert a serious risk of substantial and irreversible physical impairment of a major bodily function; and
(4) If the probable gestational age was determined to have reached the pain capable gestational age, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the fetus to survive and, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the patient than would other available methods.
(b) Reports required by subsection (a) of this section may not contain the name or the address of the patient whose pregnancy was terminated nor may the report contain any information identifying the patient. These reports shall be maintained in strict confidence by the department, may not be available for public inspection, and may not be made available except pursuant to court order.
(c) Beginning June 30, 2016, and annually after that, the Department of Health and Human Resources shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (a) of this section. Each report shall provide the statistics for all previous calendar years from the effective date of this section, adjusted to reflect any additional information from late or corrected reports. The Department of Health and Human Resources shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any patient upon whom an abortion was performed or induced.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-6. Penalties

(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.
2023 West Virginia Code › Chapter 16. Public Health › Article 2M. The Pain-Capable Unborn Child Protection Act › §16-2M-7. Severability

Effective from the reenactment of this section during the third extraordinary session of the Legislature, 2022, this article is of no force or effect unless any provision of 16-2R-1
et seq
. of this code is judicially determined to be unconstitutional.
2023 West Virginia Code › Chapter 16. Public Health › Article 2N. Neonatal Abstinence Centers › §16-2N-1. Neonatal Abstinence Centers Authorized; Licensure Required

Neonatal abstinence centers are a distinct type of medical facility, providing unique medical services in the state. Neonatal abstinence centers may provide treatment for infants under one year of age suffering from Neonatal Abstinence Syndrome, including, but not limited to, the following services:
(1) Administration of medications;
(2) Pain management;
(3) Scoring, analysis and monitoring of symptoms;
(4) Nursing care;
(5) Plan of care;
(6) Therapeutic handling;
(7) Nutrition management;
(8) Doctor visits; and
(9) Parental training.
2023 West Virginia Code › Chapter 16. Public Health › Article 2N. Neonatal Abstinence Centers › §16-2N-2. Rules; Minimum Standards for Neonatal Abstinence Centers

(a) The secretary shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-two of this code to carry out the purpose of this article. These rules shall include at a minimum:
(1) Licensing procedures for neonatal abstinence centers. These procedures shall be in place by July 1, 2015;
(2) The minimum standards of operation for neonatal abstinence facilities including the following:
(A) Minimum numbers of administrators, medical directors, nurses, aides and other personnel according to the occupancy of the facility;
(B) Qualifications of facility's administrators, medical directors, nurses, aides and other personnel;
(C) Safety requirements;
(D) Sanitation requirements;
(E) Therapeutic services to be provided;
(F) Medical records;
(G) Pharmacy services;
(H) Nursing services;
(I) Medical services;
(J) Physical facility;
(K) Visitation privileges; and
(L) Admission, transfer and discharge policies.
(b) The provisions of the rules promulgated pursuant to this section shall apply only to those facilities regulated pursuant to section five, article two-d of this chapter and shall not apply to a hospital-based acute care unit.
2023 West Virginia Code › Chapter 16. Public Health › Article 2P. Born-Alive Abortion Survivors Protection Act › §16-2P-1. Born-Alive Abortion Survivors Protection Act

(a) Definitions. For purposes of this section:
(1) "Abortion" has the same meaning as that set forth in 16-2F-2 of this code.
(2) "Attempt to perform an abortion" has the same meaning as that set forth in 16-2M-2 of this code.
(3) "Born alive" means the complete expulsion or extraction from its mother of the fetus, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
(4) "Fetus" has the same meaning as that set forth in 16-2M-2 of this code.
(5) "Licensed Medical Professional" means a person licensed under Chapter 30 of this code practicing within his or her scope of practice.
(6) "Physician" has the same meaning as set forth in 16-2M-2 of this code.
(7) "Reasonable medical judgment" has the same meaning as set forth in 16-2M-2 of this code.
(b)
Prohibition
.
(1) If a physician performs or attempts to perform an abortion that results in a child being born alive the physician shall:
(A) Exercise the same degree of reasonable medical judgment to preserve the life and health of the child as a physician would render to any other child born alive at the same gestational age; and
(B) Ensure that the child born alive is immediately transported and admitted to a hospital.
(2) A person who has knowledge of a failure to comply with the requirements of this subsection shall report the failure to the applicable licensing board.
(c)
Enforcement
.
(1) Any physician or other licensed medical professional who knowingly and willingly violates subsection (b) of this section is considered to have breached 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.
(2) Any person, not subject to subdivision (1) of this subsection, who knowingly and willfully violates subsection (b) of this section is guilty of the unauthorized practice of medicine in violation of 30-3-13 of this code, and, upon conviction thereof, is subject to the penalties contained in that section.
(3) In addition to the penalties set forth in this section, a patient may seek any remedy otherwise available to the patient by applicable law.
(4) No penalty may be assessed against any patient upon whom an abortion is performed or attempted to be performed.
(d) Effective from the reenactment of this section during the third extraordinary session of the Legislature, 2022, this article is of no force or effect unless any provision of 16-2R-1
et seq
. of this code is judicially determined to be unconstitutional.
2023 West Virginia Code › Chapter 16. Public Health › Article 2R. Unborn Child Protection Act › §16-2R-3. Prohibition to Perform an Abortion

(a) An abortion may not be performed or induced or be attempted to be performed or induced unless in the reasonable medical judgment of a licensed medical professional:
(1) The embryo or fetus is nonviable;
(2) The pregnancy is ectopic; or
(3) A medical emergency exists.
(b) The prohibition set forth in subsection (a) of this section shall not apply to an adult within the first 8 weeks of pregnancy if the pregnancy is the result of sexual assault, as defined in 61-8B-1
et seq
. of this code, or incest, as defined in 61-8-12 of this code, and at least 48 hours prior to the abortion the patient has reported the sexual assault or incest to a law enforcement agency having jurisdiction to investigate the complaint and provided the report to the licensed medical professional performing the abortion.
(c) The prohibition set forth in subsection (a) of this section shall not apply to a minor or an incompetent or incapacitated adult within the first 14 weeks of pregnancy if the pregnancy is the result of sexual assault, as defined in 61-8B-1
et seq
. of this code, or incest, as defined in 61-8-12 of this code, and at least 48 hours prior to the abortion the patient has:
(1) A report of the sexual assault or incest has been made to law enforcement having jurisdiction to investigate the complaint; or
(2) The patient has obtained medical treatment for the sexual assault or incest or any injury related to the sexual assault or incest from a licensed medical professional or in a hospital, as defined in 16-5B-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources:
Provided
, That the licensed medical professional or hospital, as defined in 16-5B-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources, and which performed or provided such medical treatment may not perform or provide the abortion arising from such sexual assault or incest.
(d) In all cases where a report of sexual assault or incest against a minor is made pursuant this subsection (c), the agency or person to whom the report is made shall report the sexual assault or incest to the Child Abuse and Neglect Investigations Unit of the West Virginia State Police within 48 hours.
(e) An abortion performed pursuant to this section may not use the partial birth abortion procedure.
(f) A surgical abortion performed or induced or attempted to be performed or induced pursuant to this section shall be in a hospital, as defined in 16-5B-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources.
(g) An abortion performed or induced or attempted to be performed or induced shall be performed by a licensed medical professional who has West Virginia hospital privileges.