West Virginia Code 16-2F-5 – Emergency exception from notification requirements
(a) The notification requirements of section three of this article do not apply where the attending physician certifies that there is a need for an abortion to be performed due to a medical emergency. A description of the medical emergency shall be maintained with the unemancipated minor’s medical records.
Terms Used In West Virginia Code 16-2F-5
- Abortion: means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a female known to be pregnant and with intent to cause the expulsion of a fetus other than by live birth. See West Virginia Code 16-2F-2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Medical emergency: means the same as that term is defined in §. See West Virginia Code 16-2F-2
- Unemancipated minor: means any person less than 18 years of age who is not, or has not been, married, who is under the care, custody, and control of the person&rsquo. See West Virginia Code 16-2F-2
(b) If the physician who is to perform the abortion concludes under subsection (a) of this section that a medical emergency exists and that there is insufficient time to provide the notice required by section three of this article, the physician shall make a reasonable effort to inform, in person or by telephone, the parent, managing conservator, or guardian of the unemancipated minor within 24 hours after the time a medical emergency abortion is performed on the minor of:
(1) The performance of the abortion; and
(2) The basis for the physician’s determination that a medical emergency existed that required the performance of a medical emergency abortion without fulfilling the requirements of section three.
(c) A physician who performs an abortion under the circumstances described in subsection (a) of this section shall, not later than 48 hours after the abortion is performed, send a written notice that a medical emergency occurred and that the parent, managing conservator, or guardian may contact the physician for more information and medical records, to the last known address of the parent, managing conservator, or guardian by certified mail, restricted delivery, return receipt requested. The physician may rely on last known address information if a reasonable and prudent person, under similar circumstances, would rely on the information as sufficient evidence that the parent, managing conservator, or guardian resides at that address. The physician shall keep in the minor’s medical record:
(1) The return receipt from the written notice; or
(2) If the notice was returned as undeliverable, the notice.
(d) A physician who performs an abortion on an unemancipated minor during a medical emergency as described in subsection (a) of this section shall execute for inclusion in the medical record of the minor an affidavit that explains the specific medical emergency that necessitated the immediate abortion.