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HB5119 • 2026
Establishing the right to contraception
Establishing the right to contraception
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-03
H
To House Health and Human Resources
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2026-02-03
H
Introduced in House
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2026-02-03
H
To Health and Human Resources then Judiciary
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2026-02-03
H
Filed for introduction
Official Summary Text
Establishing the right to contraception
Current Bill Text
Read the full stored bill text
HB 5119 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 5119 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 5119 By Delegate Young [Introduced February 03, 2026; referred to the Committee on Health and Human Resources then the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-67-1, §16-67-2, §16-67-3, and §16-67-4; relating to providing for a right to contraception; setting definitions; and providing for a cause of action. Be it enacted by the Legislature of West Virginia: Article 67. Right to Contraception Act. §16-67-1. Definitions. For the purposes of this chapter, unless the context requires a different meaning: "Contraception" means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness-based methods and sterilization procedures. "Contraceptive" means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq .), including oral contraceptives, long-acting reversible contraceptives such as intrauterine devices and hormonal contraceptive implants, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings. "Health care provider" means the same as that term is defined in §16-1C-1. §16-67-2. Right to Contraception. (a) A person shall have the right to obtain contraceptives and to engage in contraception. A health care provider shall have the corresponding right to provide contraceptives, contraception, and contraception-related information. (b) The rights specified in subsection (a) shall not be limited or otherwise infringed upon by any limitation or requirement that both: (1) Expressly, effectively, implicitly, or as implemented solely addresses the provision of contraceptives, contraception, or contraception-related information or health care providers that provide contraceptives, contraception, or contraception-related information; and (2) Impedes access to contraceptives, contraception, or contraception-related information. (b) To defend against a claim that a limitation or requirement violates a health care provider's or patient's statutory rights under subsection (a), a party must establish, by clear and convincing evidence, that: (1) The limitation or requirement significantly advances the safety of contraceptives, contraception, and contraception-related information; and (2) The safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative measure or action. §16-67-3. Applicability. (a) Neither the State nor any locality may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that: (1) Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the U.S. Food and Drug Administration for contraceptive purposes. (2) Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the U.S. Food and Drug Administration or utilizing any contraceptive methods. (3) Exempts any contraceptives approved by the U.S. Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods. (b) This chapter does not supersede or otherwise affect any provision relating to coverage under group health plans or group or individual health insurance coverage and may not be construed as requiring the provision of specific benefits under these plans or coverage. (c) An individual or entity that is subject to a limitation or requirement that violates this chapter may raise this section as a defense to any cause of action against the individual or entity. (d) This chapter shall apply notwithstanding any other provision of law. §16-67-4. Enforcement. (a) The Attorney General may commence a civil action on behalf of the State against any person that violates or enforces a limitation or requirement that violates the provisions of this chapter. (b) Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this chapter may commence a civil action against any person that violates or implements or enforces a limitation or requirement that violates this chapter. (c) A health care provider may commence an action for relief on the provider's own behalf, on behalf of the provider's staff, and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of this chapter. (d) If a court finds that there has been a violation of this chapter, the court shall hold unlawful and set aside the limitation or requirement. In any action under this chapter, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. NOTE: The purpose of this bill is to provide for a right to contraception. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: