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West Virginia Legislature bans abortion

By Delegate John Doyle - Report From the Legislature | Oct 7, 2022

The West Virginia Legislature reassembled in special session on Sept. 12, and the next day passed a sweeping ban on abortion.

I voted against the bill, and I offered an amendment to have a referendum in each of the state’s 55 counties. That amendment was rejected on a party-line vote.

There are a few exceptions to the ban, but I regard them as window dressing. The exceptions mostly apply to situations that rarely occur.

For example, the bill exempts abortions performed for women in cases of rape or incest in the first eight weeks of pregnancy. But this exemption applies only if the woman has reported the rape to a qualified law enforcement officer at least 48 hours prior to the abortion. And that report must be provided to the licensed medical professional performing the abortion.

Many women are too traumatized by a rape to report that rape to law enforcement quickly, or in some cases ever! And some women don’t even know they’re pregnant until close to eight weeks into their term of pregnancy.

That eight-week period is extended to 14 weeks for a minor or an incompetent or incapacitated adult. But again, the rape or incest must be reported to law enforcement at least 48 hours prior to the abortion being performed. This requirement may be suspended, if the patient has received medical treatment for rape or incest.

Also, the bill requires that any surgical abortion must be performed in a hospital licensed by the Office of Health Facility Licensure and Certification (OHFLAC), and the abortion must be performed by a medical professional who has admitting privileges in a West Virginia hospital.

Any medical professional who knowingly violates any of the provisions of this law will have his or her medical license revoked. This particular provision has disturbed many of the medical professionals in our state.

We already have great difficulty recruiting doctors to practice in West Virginia. I fear this bill will make that difficulty even greater. And it’s going to be especially difficult to attract medical professionals who wish to practice obstetrics and gynecology.

These are just two examples of the difficulties this bill causes for women and doctors.

Immediately after passing the abortion bill, the House passed a resolution referring to the abortion bill as the final say on the matter. In my 26 years as a legislator, I’ve never seen us pass such a “companion” resolution to a law we just passed, and I don’t think it’s ever been done. House Resolution 302 is styled as supporting “motherhood,” but it seems to me to say to folks who support reproductive freedom, “We won, you lost, shut up.”

The resolution is gobbledygook. It’s so poorly written that Ben Fields, the editorial page editor of the Charleston Gazette-Mail, said in his column a few weeks ago that it reads like the letters he gets from incarcerated people, claiming they’re innocent.

I consider the bill to be a very bad law. I think the resolution was cavalier, condescending and totally unnecessary.

John Doyle is a delegate for the West Virginia District 67. He can be reached at johndoyle@wvhouse.gov.