West Virginia 2022 Regular Session

West Virginia Senate Bill SB468

Introduced
1/24/22  
Refer
1/24/22  
Refer
2/23/22  
Engrossed
3/2/22  
Refer
3/3/22  
Refer
3/3/22  
Enrolled
3/12/22  
Passed
3/21/22  

Caption

Creating Unborn Child with Down Syndrome Protection and Education Act

Impact

The legislation introduces significant changes to abortion law in West Virginia by prohibiting the termination of pregnancies based on disabilities unless under emergency circumstances. This change effectively limits the reasons patients can seek an abortion, potentially altering the landscape of reproductive rights within the state. Medical professionals are required to inform patients of the implications of their decisions and must document cases where abortions are performed in adherence to the law, reinforcing a bureaucratic layer to the abortion process.

Summary

Senate Bill 468, known as the Unborn Child with Disability Protection and Education Act, was enacted to amend West Virginia's Code to restrict abortion due to fetal disabilities. The bill stipulates that abortions may not be performed solely because of a disability, except in medical emergencies, and calls for licensed medical professionals to record and report specific details regarding the abortion procedure to the commissioner of the Bureau for Public Health. It underscores the state's aim to protect unborn children diagnosed with disabilities from being aborted, framing this restriction as a necessary measure for ethical medical practices.

Sentiment

Public sentiment surrounding SB 468 is deeply polarized. Supporters argue that the bill champions the rights of unborn children and aligns with broader ethical principles regarding disability rights. They assert that it protects vulnerable fetuses from discrimination based on disability. Conversely, opponents criticize the bill as an infringement on women's reproductive rights, arguing it places undue burdens on expectant parents and restricts women's autonomy over their bodies. The debate reflects a broader national discussion on abortion rights and disability advocacy.

Contention

Key points of contention involve the ramifications of the bill on personal freedoms versus moral responsibility. Advocates for the bill claim it fosters a compassionate and protective approach to children with disabilities, while critics argue it could lead to emotional distress for families facing difficult prenatal diagnoses. Additionally, there are concerns regarding the implications of mandatory reporting on patient confidentiality and the operational challenges it poses for healthcare providers. This friction underscores a significant divide in values and priorities regarding healthcare and disability rights in West Virginia.

Companion Bills

WV HB4337

Similar To Creating the Unborn Child with Down Syndrome Protection and Education Act

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