SB 173 West Virginia Senate · 2026 Regular Session

Prohibiting abortifacients

This bill prohibits the distribution or prescription of "abortifacients" (drugs intended to cause abortion) within West Virginia. It directly affects licensed medical professionals (like doctors and pharmacists) and anyone distributing such drugs, with violations carrying felony penalties (3-10 years imprisonment) for non-professionals and potential license revocation for medical providers. Key provisions include banning the mailing, sale, or dissemination of abortifacients without a valid prescription, requiring medical professionals to attest to compliance, and creating a civil lawsuit option for affected parties. The law includes exceptions for medical emergencies - defined as situations where an abortion is necessary to prevent serious risk of death or life-threatening impairment to the patient.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House of Delegates Passage
Governor
Introduced Jan 14, 2026 Last action Feb 16, 2026
Maddy AI version diff · 8 comparisons

What changed between versions

sb173 sfa weld _4 2-13 adopted.htm sb173 sfat weld _1 2-12 adopted.htm · 1 edit
MINOR
The bill's title was updated to reflect a more comprehensive scope, explicitly listing new sections for criminal penalties, license revocation, civil lawsuits, and a ban on state contracts involving abortifacients. This change clarifies that the legislation now covers broader legal consequences and procurement restrictions beyond just the initial provisions.
Scope change
The bill's scope was expanded to explicitly include criminal penalties, medical license revocation, civil causes of action, and prohibitions on state government contracts with manufacturers or distributors of abortifacients.
REQUIREMENT

The bill title was revised to add specific references to new legal mechanisms, including criminal penalties, license revocation, civil lawsuits, and state contract bans.

Floor votes · Senate Feb 13, 2026

How they voted

311
Passed · 1 other
Total votes 33
Feb 13, 2026
D Democratic2
1 Yea 1 Nay
50% Nay
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
6
Committee
6
Amendments
1
Feb 16, 2026
Committee
To House Judiciary
lower
Feb 16, 2026
Committee
To Judiciary
lower
Feb 16, 2026
Introduced
Introduced in House
lower
Feb 13, 2026
Upper · Passed
Weld title amendment adopted
upper
Feb 13, 2026
Upper · Passed
Passed Senate (Roll No. 71)
upper
Feb 13, 2026
Upper · Passed
Rucker amendment adopted (Voice vote)
upper
Feb 13, 2026
Upper · Passed
Weld #3 amendment adopted (Voice vote)
upper
Feb 13, 2026
Upper · Passed
Weld #2 amendments adopted (Voice vote)
upper
Feb 13, 2026
Upper · Passed
Tarr amendment adopted (Voice vote)
upper
Feb 12, 2026
Introduced
Tarr amendment reported
upper
Feb 4, 2026
Committee
To Judiciary
upper
Feb 4, 2026
Committee
Committee substitute reported, but first to Judiciary
upper
Jan 14, 2026
Committee
To Health and Human Resources
upper
Jan 14, 2026
Introduced
Introduced in Senate
upper
Jan 14, 2026
Committee
To Health and Human Resources then Judiciary
upper
1 primary · 5 co-sponsors

Sponsors