West Virginia 2025 Regular Session

West Virginia House Bill HB2853

Introduced
2/24/25  

Caption

Establishing the right to contraception

Impact

The introduction of HB 2853 may represent a significant shift in the legal landscape concerning contraceptive access in West Virginia. It aims to prevent any state or local laws that would impose restrictions on the sale, provision, or utilization of FDA-approved contraceptives. As such, it reinforces an individual's right to access contraception without facing barriers or legal challenges that could arise from restrictive local regulations. This move to solidify access is poised to enhance public health outcomes by ensuring that residents have the ability to make informed decisions about their reproductive health without undue interference.

Summary

House Bill 2853, known as the Right to Contraception Act, seeks to establish and protect the right to access contraceptives within West Virginia. The bill specifically delineates that individuals shall have the right to obtain and utilize contraceptives, which are defined to include a wide range of methods approved by the U.S. Food and Drug Administration. Additionally, healthcare providers are granted the corresponding right to provide contraceptives and related information, promoting access to contraception for patients throughout the state. This legislative effort comes amidst national discussions regarding reproductive rights and healthcare access, particularly in the wake of previous rulings that have impacted women's health rights across the country.

Sentiment

The sentiment surrounding HB 2853 appears largely supportive among those who advocate for reproductive rights and healthcare access, viewing the bill as a proactive measure to safeguard the right to contraception. However, there may also be contention from groups opposed to the expansion of reproductive health rights, reflecting a broader societal divide on issues concerning personal choice and state intervention in healthcare. Advocates for the bill argue that it empowers individuals and affirms their autonomy over personal health decisions, which are viewed as fundamental rights.

Contention

Notable points of contention include the potential challenges this bill may face from those who oppose the normalization of comprehensive contraceptive access. Critics might argue that the bill could lead to broader implications for state regulations surrounding healthcare, questioning whether such legislative measures infringe upon personal or moral beliefs. The act’s stipulation that any law or regulation restricting contraceptive access must establish a clear justification has raised concerns regarding the balance between public health policy and individual rights, as well as the potential for legal disputes arising from enforcement of this bill.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2111

Increasing access to contraceptive drugs, devices, and procedures

WV HB4183

Increasing access to contraceptive drugs, devices, and procedures

WV SB601

Creating WV Women's Bill of Rights

WV HB5073

Relating to the Women’s Right to Know Act

WV HB5243

Relating to Women’s Bill of Rights

WV HB3277

Establishing the Family and Medical Leave Insurance Benefits Act

WV HB2312

Relating to abortions after detection of an unborn child’s heartbeat

WV HB2002

Relating to providing support for families

WV HB4489

Establishing the Family and Medical Leave Insurance Benefits Act

WV SB527

Requiring parental notification of minors being prescribed contraceptives

Similar Bills

ME LD163

An Act to Require Health Insurance Coverage for Federally Approved Nonprescription Oral Hormonal Contraceptives and Nonprescription Emergency Contraceptives

MS HB1154

The Right to Contraception Act; create.

IA SF2135

A bill for an act relating to the right to contraception.

WI SB365

Statutory right to contraception.

WI AB610

Waivers from immunization requirements at institutions of higher education.

WI AB366

Statutory right to contraception.

AZ SB1429

Contraception; rights; limits.

AZ SB1362

Contraception; rights; limits.