West Virginia Code § 16-2M-3

Determination of gestational age
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Except in the case of a medical emergency or a nonmedically viable fetus, no abortion may
be performed or induced or be attempted to be performed or induced unless the physician
performing or inducing it has first made a determination of the probable gestational age of
the fetus or relied upon such a determination made by another physician. In making this
determination, the physician shall make inquiries of the patient and performe or cause to be
performed medical examinations and tests as a reasonably prudent physician,
knowledgeable about the case and the medical conditions involved, woruld consider
necessary to perform in making an accurate diagnosis with respect to gestational age.

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