A bill making its way through the West Virginia Senate would impose felony charges on those who prescribe or distribute abortion medications, except in rare cases where abortion remains legal under state law.
The Senate Judiciary Committee referred Senate Bill 85 to the full Senate on Thursday, with a final vote expected next week.
Since 2022, West Virginia has enforced a near-total abortion ban, including a prohibition on abortion via telehealth. Senator Patricia Rucker, R-Jefferson, a key sponsor of the bill, stated that its purpose is to prevent abortion-inducing drugs from entering the state for use in illegal procedures. The legislation aims to extend West Virginia’s abortion ban to out-of-state providers or entities that mail such medications to state residents.
Under the bill, non-medical professionals who violate the law could face three to ten years in prison, while licensed medical professionals could have their licenses revoked.
While the bill is designed to deter out-of-state providers from sending abortion pills to West Virginia, legal experts say federal courts will likely determine whether such enforcement is permissible.
Legal and Medical Concerns
A similar case is currently unfolding in Louisiana, where a New York doctor faces felony charges for allegedly mailing abortion pills to a pregnant minor. However, New York Governor Kathy Hochul refused to extradite the doctor, citing the state’s “shield law” protecting abortion providers from legal action in states where abortion is banned.
During a legislative hearing, Kelly Lemon, a nurse midwife, expressed concerns about the bill’s broader impact on reproductive health care. She pointed out that some medications classified as abortifacients have other important medical uses, such as managing postpartum hemorrhages or treating miscarriages.
“My biggest concern is that this bill will further limit access to essential medications, causing treatment delays and forcing health care providers to leave the state,” Lemon said.
Senator Rucker responded by clarifying that the bill does not penalize pharmacists filling valid prescriptions from licensed physicians or doctors performing procedures for legitimate medical reasons.
Supporters and Opponents Weigh In
Kristin Hawkins, president of Students for Life Action, argued that the legislation would close loopholes that allow abortion medication to be sent to West Virginia residents without proper oversight. She noted that some websites offer abortion pills without a doctor’s direct involvement, which she believes the bill would help prevent.
However, Emily Womeldorff, director of policy and campaigns for Planned Parenthood South Atlantic, criticized the measure as an overreach of state authority.
“This bill attempts to extend West Virginia’s laws beyond its borders by targeting health care providers in other states,” Womeldorff said. “Our government does not have jurisdiction over out-of-state medical professionals providing legal care elsewhere.”
Senator Joey Garcia, D-Marion, was the only lawmaker to speak against the bill, calling it harmful to women’s access to medical care and a poorly conceived policy.
