2025
STATE OF WYOMING
25LSO-0224
ENGROSSED
1HB0042
HOUSE BILL NO. HB0042
Regulation of surgical abortions.
Sponsored by: Representative(s) Lawley, Angelos, Geringer,
Haroldson, Heiner, Larson, JT, Lien and
Rodriguez-Williams and Senator(s) Boner,
Brennan, Hutchings, Olsen and Steinmetz
A BILL
for
1 AN ACT relating to public health and safety; requiring the
2 licensure of surgical abortion facilities as specified;
3 providing criminal penalties for violations; specifying
4 civil liability for damages resulting from abortions;
5 providing definitions; making conforming amendments;
6 specifying applicability; requiring rulemaking; and
7 providing for an effective date.
8
9
10
11. W.S. 35-6-201 through 35-6-204 are created
12 to read:
13
14 ARTICLE 2 2025STATE OF WYOMING25LSO-0224
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2HB0042
1 REGULATION OF SURGICAL ABORTIONS
2
3
4
5 (a) As used in this article:
6
7 (i) "Abortion" means the act of using or
8 prescribing any instrument, medicine, drug or any other
9 substance, device or means with the intent to terminate the
10 clinically diagnosable pregnancy of a woman, including the
11 elimination of one (1) or more unborn babies in a
12 multifetal pregnancy, with knowledge that the termination
13 by those means will, with reasonable likelihood, cause the
14 death of the unborn baby. "Abortion" shall not include any
15 use, prescription or means specified in this paragraph if
16 the use, prescription or means are done with the intent to:
17
18 (A) Save the life or preserve the health of
19 the unborn baby;
20
21 (B) Remove a dead unborn baby caused by
22 miscarriage or intrauterine fetal demise;
23 2025STATE OF WYOMING25LSO-0224
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3HB00421 (C) Treat a woman for an ectopic pregnancy;
2 or
3
4 (D) Provide treatment for a pregnant woman
5 when a medical procedure or treatment is necessary, based
6 on reasonable medical judgment, to save or preserve the
7 life of the pregnant woman.
8
9 (ii) "Ectopic pregnancy" means the state of
10 carrying an unborn child outside of the uterine cavity;
11
12 (iii) "Hospital" means those institutions
13 licensed by the Wyoming department of health as hospitals;
14
15 (iv) "Intrauterine fetal demise" means the death
16 of an unborn child inside the uterine cavity after twenty
17 (20) weeks of pregnancy;
18
19 (v) "Miscarriage" means the spontaneous loss of
20 the unborn child;
21
22 (vi) "Physician" means any person licensed to
23 practice medicine in this state; 2025STATE OF WYOMING25LSO-0224
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4HB00421
2 (vii) "Pregnancy" or "pregnant" means the human
3 female reproductive condition of having a living unborn
4 baby or human being within a human female's body throughout
5 the entire embryonic and fetal stages of the unborn human
6 being from fertilization to full gestation and childbirth;
7
8 (viii) "Reasonable medical judgment" means a
9 medical judgment that would be made or a medical action
10 that would be undertaken by a reasonably prudent, qualified
11 physician who is knowledgeable about the case and the
12 treatment possibilities with respect to the medical
13 conditions involved;
14
15 (ix) "Surgical abortion" means an induced
16 abortion performed or attempted through use of a machine,
17 medical device, surgical instrument or surgical tool, or
18 any combination thereof, to terminate the clinically
19 diagnosable pregnancy of a woman with knowledge and the
20 intent that the termination by those means will cause, with
21 reasonable likelihood, the death of the unborn child;
22 2025STATE OF WYOMING25LSO-0224
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5HB00421 (x) "Surgical abortion facility" means any
2 facility that provides a surgical abortion to a woman and
3 performs not less than three (3) first-trimester surgical
4 abortions in any one (1) month or not less than one (1)
5 second-trimester or third-trimester surgical abortion in
6 any one (1) year.
7
8
9
10
11 (a) Each surgical abortion facility other than a
12 hospital in Wyoming shall be licensed as an ambulatory
13 surgical center in accordance with W.S. 35-2-901 through
14 35-2-914 and the rules of the department of health. Each
15 surgical abortion facility performing surgical abortions
16 shall have a separate license.
17
18 (b) No surgical abortion facility shall provide
19 surgical abortions to any pregnant woman without first
20 being licensed as an ambulatory surgical center.
21
22 (c) Each surgical abortion facility shall comply with
23 all rules of the department of health concerning the 2025STATE OF WYOMING25LSO-0224
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6HB0042
1 operation and regulation of ambulatory surgical centers. No
2 license issued to a surgical abortion facility shall be
3 transferable or assignable to any other person or facility.
4
5 (d) Each licensed physician performing at least one
6 (1) surgical abortion at a surgical abortion facility
7 shall:
8
9 (i) Report each surgical abortion to the
10 department of health and attest in the report that the
11 physician is licensed and in good standing with the state
12 board of medicine;
13
14 (ii) Submit documentation in a form and
15 frequency required by the department of health that
16 demonstrates that the licensed physician has admitting
17 privileges at a hospital located not more than ten (10)
18 miles from the abortion facility where the licensed
19 physician is performing or will perform surgical abortions.
20
21 (e) Any person who violates this section shall be
22 guilty of a misdemeanor punishable by a fine not to exceed
23 one thousand dollars ($1,000.00). Each calendar day in 2025STATE OF WYOMING25LSO-0224
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7HB0042
1 which a violation of this section occurs or continues is a
2 separate offense.
3
4
5
6
7 (a) Any surgical abortion performed at a surgical
8 abortion facility in the state shall only be performed by a
9 physician licensed in the state of Wyoming.
10
11 (b) Any person who performs a surgical abortion in
12 the state in violation of subsection (a) of this section is
13 guilty of a felony punishable by imprisonment for not less
14 than one (1) year nor more than fourteen (14) years.
15
16 (c) No person shall perform a surgical abortion at a
17 surgical abortion facility in Wyoming who is not a licensed
18 physician with admitting privileges at a hospital located
19 not more than ten (10) miles from the abortion facility
20 where the surgical abortion is performed.
21
22 (d) Any person who violates subsection (c) of this
23 section shall be guilty of a misdemeanor punishable by a 2025STATE OF WYOMING25LSO-0224
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8HB0042
1 fine of one thousand dollars ($1,000.00). For purposes of
2 this subsection, each surgical abortion shall constitute a
3 separate offense of subsection (c) of this section.
4
5 (e) The department of health shall promulgate rules
6 necessary to regulate surgical abortion facilities as
7 ambulatory surgical centers under W.S. 35-2-901 through
8 35-2-914. Rules promulgated under this subsection shall:
9
10 (i) Not be less stringent than those rules
11 applicable to ambulatory surgical centers;
12
13 (ii) Provide for the physical inspection of
14 surgical abortion facilities by the department of health
15 every three (3) years.
16
17
18
19 If any provision of this article conflicts with the Life is
20 a Human Right Act or W.S. 35-6-139, the provisions of the
21 Life is a Human Right Act and W.S. 35-6-139 shall control
22 over this article to the extent that the Life is a Human
23 Right Act and W.S. 35-6-139 are in effect. 2025STATE OF WYOMING25LSO-0224
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9HB00421
2W.S. 35-2-901(a)(ii) is amended to read:
3
4
5
6 (a) As used in this act:
7
8 (ii) "Ambulatory surgical center" means a
9 facility which provides surgical treatment to patients not
10 requiring hospitalization and is not part of a hospital or
11 offices of private physicians, dentists or podiatrists.
12
13;
14
15
16
17 (a) Nothing in this act shall be construed as
18 creating an individual right to abortion.
19
20 (b) It is the intent of the legislature that this act
21 shall not:
22 2025STATE OF WYOMING25LSO-0224
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10HB00421 (i) Be construed as holding abortion as lawful
2 in the state;
3
4 (ii) Recognize or define abortion as a health
5 care decision under article 1, section 38 of the Wyoming
6 Constitution.
7
8The department of health shall promulgate
9 all rules necessary to implement this act.
10
11. This act is effective immediately upon
12 completion of all acts necessary for a bill to become law
13 as provided by Article 4, Section 8 of the Wyoming
14 Constitution.
15
16 (END)