West Virginia Code
Article 2R. Unborn Child Protection Act
§16-2R-4. Not Considered an Abortion

(a) Abortion does not include:
(1) A miscarriage;
(2) An intrauterine fetal demise or stillbirth;
(3) The use of existing established cell lines derived from aborted human embryos or fetuses;
(4) Medical treatment provided to a patient by a licensed medical professional that results in the accidental or unintentional injury or death of an embryo or a fetus;
(5) In vitro fertilization;
(6) Human fetal tissue research, when performed in accordance with Sections 498A and 498B of the PHS Act (42 U.S.C. 289g-1 and 289g-2) and 45 C.F.R. 46.204 and 46.206; or
(7) The prescription, sale, transfer, or use of contraceptive devices, instruments, medicines, or drugs.
(b) This article does not prevent the prescription, sale, or transfer of intrauterine contraceptive devices, other contraceptive devices, or other generally medically accepted contraceptive devices, instruments, medicines, or drugs for a patient who is not known to be pregnant and for whom the contraceptive devices, instruments, medicines, or drugs are prescribed, sold, or transferred solely for contraceptive purposes and not for the purpose of inducing or causing the termination of a known pregnancy.

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