WV HB2853

Establishes a statutory right for individuals to obtain contraceptives and engage in contraception, and a corresponding right for health care providers to provide contraceptives and contraception-related information

Defines "contraception" broadly to include drugs, devices, biological products, fertility-awareness methods, and sterilization procedures that are legally marketed under federal law

Prohibits the state and local governments from enforcing any law that restricts the sale, provision, or use of FDA-approved contraceptives, or that penalizes individuals for helping others obtain contraceptives

Requires parties defending restrictions on contraception access to prove by clear and convincing evidence that the restriction significantly advances safety and that no less restrictive alternative exists

Authorizes enforcement through civil actions by the Attorney General, affected individuals, entities, or health care providers, with courts empowered to grant injunctive relief and invalidate violating restrictions