Prohibiting Use or Sale of Abortion-Inducing Drugs

By criminalizing the shipping and unauthorized prescribing of abortifacients, it attempts to close legal loopholes that have allowed access to abortion-inducing drugs despite broader abortion bans in the state.

These prohibited acts include mailing, shipping, or otherwise delivering an abortifacient to anyone located in West Virginia; introducing abortifacients into the stream of commerce with knowledge they will be used in or sent to the state; prescribing abortifacients to West Virginia residents, even from outside the state; and disseminating such substances within the state without a valid prescription from a licensed medical professional.

The bill includes both criminal and civil penalties for violations. Any individual who is not a licensed medical professional and who knowingly and willfully violates these provisions is guilty of a felony and may be sentenced to a determinate term of imprisonment ranging from three to ten years.

In addition to criminal prosecution, the Attorney General of West Virginia is authorized to pursue civil actions against violators. These civil penalties may include injunctive relief as well as monetary damages of up to $150,000 per violation, and these civil actions may proceed without the need for a criminal indictment or conviction.

If a licensed medical professional is found by their licensing board to have knowingly and willfully violated this law, the board is required to revoke their medical license.

The law also provides a private right of action for pregnant women who receive an abortifacient unlawfully, allowing them to sue the violating party for injunctive relief and damages of $10,000 per abortion attempt.