West Virginia Code § 33-42-3

Definitions
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For purposes of this article:
(1) "Advanced nurse practitioner" means a certified nurse-midwife, or an advanced nurse
practitioner certified to practice in family practice, women's health (ob/gyn), or primary care
adult, geriatric or pediatric practice, practicing within the lawful scope of that provider's
practice.
(2) "Health benefits policy" means any individual or group plan, policy or contract for health
care services issued, delivered, issued for delivery or renewed inu this state by a health care
corporation, health maintenance organization, accident and sickness insurer, fraternal
benefit society, nonprofit hospital service corporation, nonprofit medical service corporation
or similar entity, when the policy or plan covers hospital, medical or surgical expenses.
(3) "Partial-birth abortion" means an abortion in which the person performing the abortion
partially vaginally delivers a living fetus before killling the fetus and completing the delivery.
(4) "Physician performing a partial-birth abortion" means a doctor of medicine or osteopathy
legally authorized to practice medicine andi surgery in West Virginia, or any other individual
who is legally authorized by the state to perform abortions: Provided, That any individual
who is not a physician or not otherwise legally authorized by the state to perform abortions,
but who nevertheless directly performs a partial-birth abortion, is subject to the provisions
of this article.
(5) "Vaginally delivers a living fetus before killing the fetus" means deliberately and
intentionally delivering into the vagina a living fetus, or a substantial portion thereof, for the
purpose of performin g a procedure that the physician or person delivering the living fetus
knows will kilVl the fetus, and kills the fetus.
(6) "Women's health care provider" means an obstetrician/ gynecologist, advanced nurse
practitioner certified to practice in women's health (ob/gyn), certified nurse-midwife or
physician assistant-midwife practicing within the lawful scope of that provider's practice.

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