A bill that would prohibit out-of-state entities and health care providers from sending abortion pills to West Virginia, where it’s mostly illegal, is headed towards a vote by the full West Virginia Senate.
The Senate Judiciary Committee on Thursday made changes and signed off on Senate Bill 173, which prohibits the sending or prescribing of “abortifacients” to people in West Virginia.
Senate Bill 173 would make it a felony punishable by 3 to 10 years in prison for non-medical professionals to send abortifacients by mail or courier to a person in West Virginia. A medical professional would lose their license for illegally prescribing the medication to a person in West Virginia.
The bill has an exception for physicians providing the drugs for a “legitimate medical reason” if it results in the accidental death or injury to the fetus. Misoprostol, one of two drugs used in combination during medication abortion, is also commonly prescribed to women who are experiencing a miscarriage, and the drugs have other uses.
Women who use the abortion drugs wouldn’t be charged under the bill, but a pregnant woman who receives the drugs or any of her family members would be able to bring civil action against someone who violates the law.
The Senate Judiciary Committee approved an amendment by Sen. Eric Tarr, R-Putnam, adding a requirement that claimants who would sue under the law notify the state attorney general. It also adds language that the attorney general may pursue civil action under the law and recover expenses to the maximum amount allowed by law. An indictment or conviction would not be necessary to establish liability.
Tarr said the addition would put pressure on the attorney general to sue.
He expressed concerns that a section in the bill allowing claimants to be awarded damages up to $10,000 may encourage abortion.
“I love the intent of this.” Tarr said. “I do not want abortifacients mailed into West Virginia and killing West Virginians. But I think — maybe I’m reading this wrong. How does this not incentivize a woman who may be unscrupulous to have a child just to abort it and get pregnant with the child just to abort it with abortifacients just so she can bring civil action. Does this not incentivize by having this civil cause of action, for me to get paid $10,000 for doing that?”
West Virginia has mostly banned abortion since 2022. Abortion by telemedicine is also illegal. The bill aims to close what lawmakers say is a loophole in the state’s abortion ban: out-of-state providers and entities that send the pills to women in West Virginia.
The judiciary and health committees heard testimony from Thomas Dinkel, a representative from the organization Students for Life that said despite West Virginia’s abortion ban, he found a website that sent him abortion pills without medical screening, age verification or consultation with a medical professional.
It’s unclear whether the state will be able to enforce the measure — should the bill become law — with providers and entities outside the state.
Tarr opposed a similar bill during the 2025 session over concerns about causes of action in the legislation.
Instead, Tarr suggested Thursday the state use the attorney general’s office to take action against companies that send abortion pills into the state in the same way that West Virginia and other states affected by the opioid crisis have gone after pharmaceutical companies.
“We did it to the point of having an over $800 million fund for opiates in West Virginia. Why couldn’t we do it with this?” Tarr said.
The committee also approved an amendment clarifying that no criminal or civil action may be taken against motor carriers or freight forwarders as defined by federal code.
The bill is opposed by reproductive rights organization WV Free and the American Civil Liberties Union of West Virginia.
“Lawmakers in West Virginia are obsessed with banning abortion,” Eli Baumwell, ACLU-WV’s executive director, said in a statement. “West Virginia needs more access to this lifesaving care, and fewer politicians playing doctor. Abortion medication is safe, effective and saves lives. This unconstitutional bill seeks to criminalize the actions of medical providers in other states where West Virginia lacks jurisdiction. If passed as written, it will almost certainly result in litigation.”
Sen. Joey Garcia, D-Marion, was the only lawmaker on the committee to speak against the bill.
“I just have to emphasize again, I think this is not a good bill,” Garcia said. “I think this overreaches into other states. I think it’s very, very well going to be unconstitutional, and that’s part of what we look at here.”
“These types of decisions should be made between a family and a doctor, point blank,” he said. “And for that reason, I’m opposing the bill.”
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
