ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to public health and safety; requiring the
licensure of surgical abortion facilities as specified;
providing criminal penalties for violations; specifying
civil liability for damages resulting from abortions;
providing definitions; making conforming amendments;
specifying applicability; requiring rulemaking; and
providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35-6-201 through 35-6-204 are created
to read:
ARTICLE 2
REGULATION OF SURGICAL ABORTIONS
35-6-201. Definitions.
(a) As used in this article:
(i) "Abortion" means the act of using or
prescribing any instrument, medicine, drug or any other
substance, device or means with the intent to terminate the
clinically diagnosable pregnancy of a woman, including the
elimination of one (1) or more unborn babies in a
multifetal pregnancy, with knowledge that the termination
by those means will, with reasonable likelihood, cause the
death of the unborn baby. "Abortion" shall not include any
use, prescription or means specified in this paragraph if
the use, prescription or means are done with the intent to:
(A) Save the life or preserve the health of
the unborn baby; ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2 (B) Remove a dead unborn baby caused by
spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy;
or
(D) Treat a woman for cancer or another
disease that requires medical treatment which treatment may
be fatal or harmful to the unborn baby.
(ii) "Ectopic pregnancy" means the state of
carrying an unborn child outside of the uterine cavity;
(iii) "Hospital" means those institutions
licensed by the Wyoming department of health as hospitals;
(iv) "Intrauterine fetal demise" means the death
of an unborn child inside the uterine cavity after twenty
(20) weeks of pregnancy;
(v) "Miscarriage" means the spontaneous loss of
the unborn child;
(vi) "Physician" means any person licensed to
practice medicine in this state;
(vii) "Pregnancy" or "pregnant" means the human
female reproductive condition of having a living unborn
baby or human being within a human female's body throughout
the entire embryonic and fetal stages of the unborn human
being from fertilization to full gestation and childbirth;
(viii) "Reasonable medical judgment" means a
medical judgment that would be made or a medical action
that would be undertaken by a reasonably prudent, qualified ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
physician who is knowledgeable about the case and the
treatment possibilities with respect to the medical
conditions involved;
(ix) "Surgical abortion" means an induced
abortion performed or attempted through use of a machine,
medical device, surgical instrument or surgical tool, or
any combination thereof, to terminate the clinically
diagnosable pregnancy of a woman with knowledge and the
intent that the termination by those means will cause, with
reasonable likelihood, the death of the unborn child;
(x) "Surgical abortion facility" means any
facility that provides a surgical abortion to a woman.
35-6-202. Surgical abortion facilities; licensure
requirement; prohibitions; penalties.
(a) Each surgical abortion facility other than a
hospital in Wyoming shall be licensed as an ambulatory
surgical center in accordance with W.S. 35-2-901 through
35-2-914 and the rules of the department of health. Each
surgical abortion facility performing surgical abortions
shall have a separate license.
(b) No surgical abortion facility shall provide
surgical abortions to any pregnant woman without first
being licensed as an ambulatory surgical center.
(c) Each surgical abortion facility shall comply with
all rules of the department of health concerning the
operation and regulation of ambulatory surgical centers. No
license issued to a surgical abortion facility shall be
transferable or assignable to any other person or facility. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4(d) Each licensed physician performing at least one
(1) surgical abortion at a surgical abortion facility
shall:
(i) Report each surgical abortion to the
department of health and attest in the report that the
physician is licensed and in good standing with the state
board of medicine;
(ii) Submit documentation in a form and
frequency required by the department of health that
demonstrates that the licensed physician has admitting
privileges at a hospital located not more than ten (10)
miles from the abortion facility where the licensed
physician is performing or will perform surgical abortions.
(e) Any person who violates this section shall be
guilty of a misdemeanor punishable by a fine not to exceed
one thousand dollars ($1,000.00). Each calendar day in
which a violation of this section occurs or continues is a
separate offense.
35-6-203. Abortion facilities; surgical abortions;
requirements; rulemaking.
(a) Any surgical abortion performed at a surgical
abortion facility in the state shall only be performed by a
physician licensed in the state of Wyoming.
(b) Any person who performs a surgical abortion in
the state in violation of subsection (a) of this section is
guilty of a felony punishable by imprisonment for not less
than one (1) year nor more than fourteen (14) years. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5(c) No person shall perform a surgical abortion at a
surgical abortion facility in Wyoming who is not a licensed
physician with admitting privileges at a hospital located
not more than ten (10) miles from the abortion facility
where the surgical abortion is performed.
(d) Any person who violates subsection (c) of this
section shall be guilty of a misdemeanor punishable by a
fine of one thousand dollars ($1,000.00). For purposes of
this subsection, each surgical abortion shall constitute a
separate offense of subsection (c) of this section.
(e) The department of health shall promulgate rules
necessary to regulate surgical abortion facilities as
ambulatory surgical centers under W.S. 35-2-901 through
35-2-914. Rules promulgated under this subsection shall:
(i) Not be less stringent than those rules
applicable to ambulatory surgical centers;
(ii) Provide for the physical inspection of
surgical abortion facilities by the department of health
every three (3) years.
35-6-204. Applicability; effect.
If any provision of this article conflicts with the Life is
a Human Right Act or W.S. 35-6-139, the provisions of the
Life is a Human Right Act and W.S. 35-6-139 shall control
over this article to the extent that the Life is a Human
Right Act and W.S. 35-6-139 are in effect.
Section 2. W.S. 35-2-901(a)(ii) is amended to read:
35-2-901. Definitions; applicability of provisions. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6
(a) As used in this act:
(ii) "Ambulatory surgical center" means a
facility which provides surgical treatment to patients not
requiring hospitalization and is not part of a hospital or
offices of private physicians, dentists or podiatrists
"Ambulatory surgical center" shall include any surgical
abortion facility as defined by W.S. 35-6-201(a)(x);
Section 3.
(a) Nothing in this act shall be construed as
creating an individual right to abortion.
(b) It is the intent of the legislature that this act
shall not:
(i) Be construed as holding abortion as lawful
in the state;
(ii) Recognize or define abortion as a health
care decision under article 1, section 38 of the Wyoming
Constitution.
Section 4. The department of health shall promulgate
all rules necessary to implement this act. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0042
ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
7Section 5. This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk