Bill > HB5119

This bill establishes a right to contraception in West Virginia, defining contraception broadly to include actions to prevent pregnancy, such as using contraceptives, fertility-awareness-based methods, and sterilization procedures. It clarifies that "contraceptive" refers to any legally marketed drug, device, or biological product approved by the U.S. Food and Drug Administration (FDA) for pregnancy prevention, encompassing a wide range of methods like pills, IUDs, implants, emergency contraceptives, condoms, and more. The bill asserts that individuals have the right to obtain contraceptives and engage in contraception, and healthcare providers have the corresponding right to provide them and related information. It prohibits any limitations or requirements that specifically target contraception or healthcare providers offering it, if those measures impede access. To justify any such restrictions, a party must prove by clear and convincing evidence that the restriction significantly advances the safety of contraceptives and that patient health cannot be advanced by less restrictive means. The bill also states that neither the state nor any locality can enforce laws that prohibit or restrict the sale, provision, or use of FDA-approved contraceptives, or hinder people from obtaining or using them. It explicitly states that this chapter applies notwithstanding any other provision of law and allows for civil actions by the Attorney General, individuals, entities, and healthcare providers to enforce these rights, with courts empowered to grant injunctive relief.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5119&year=2026&sessiontype=RS&btype=bill