West Virginia Senate Passes Bill Further Criminalizing Abortion Pills

West Virginia Senate passed a number of bills Friday, including legislation to further punish unsanctioned distributions of abortion pills in the state and one aimed at preventing state agencies from using a media monitoring service being targeted by the Trump administration.

Senate Bill 173, prohibiting abortifacients, passed the Senate Friday morning in a 31-1 vote with two absent or not voting. The bill now heads to the House of Delegates. SB 173 includes new regulations and penalties regarding the distribution of medications used to induce abortions within West Virginia. According to the bill, individuals who mail, prescribe, or distribute abortion-inducing drugs would face criminal penalties, including felony imprisonment for non-medical providers. “The majority of abortions in America today occur via the abortion pill. Not only do these pills terminate the life of the baby, but studies have shown that in up to 10% of the cases, they also have severe adverse effects on the health of the mother requiring medical attention,” said Senate Judiciary Committee Chairman Tom Willis, R-Berkeley. “This important legislation is designed to protect life in West Virginia and stop the practice of abortifacients being unlawfully sent to West Virginia residents.”

Licensed professionals found in violation of these rules could have their medical licenses revoked and may face civil litigation and fines. The bill includes exemptions protecting the pregnant woman from criminal charges while granting her and the Attorney General’s Office the right to sue violators for damages. The bill also requires that all state health care providers sign an affidavit confirming their understanding of these updated reproductive health laws.

The bill was amended on third reading Friday. Two amendments offered by state Sen. Ryan Weld, R-Brooke, would allow civil actions to be filed either in the county where the abortion occurred or where the abortifacient was received, and provides exemptions to manufacturers or distributors sending abortifacients for use in connection with prescriptions issued by licensed medical professionals in accordance with existing West Virginia law. Weld’s second amendment would prohibit the state from entering into contracts with manufacturers or wholesale distributors of abortifacients effective July 1. The amendment targets “shield states” by preventing companies that push abortion pills into West Virginia from benefiting economically from taxpayer dollars.