Wyoming 2025 Regular Session

Wyoming House Bill HB0239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-04611HB0239
4	4	HOUSE BILL NO. HB0239
5	5	Reproductive Freedom Act.
6	6	Sponsored by: Representative(s) Yin, Chestek, Posey,
7	7	Provenza, Sherwood and Storer and Senator(s)
8	8	Gierau and Rothfuss
9	9	A BILL
10	10	for
11	11	1 AN ACT relating to abortion; creating the Reproductive
12	12	2 Freedom Act; specifying the public policy of the state
13	13	3 concerning reproductive rights; prohibiting the state from
14	14	4 denying or interfering with a person's right to have an
15	15	5 abortion prior to viability of the fetus or to protect the
16	16	6 person's life or health; prohibiting unauthorized
17	17	7 abortions; specifying a penalty; providing definitions;
18	18	8 repealing conflicting provisions; and providing for an
19	19	9 effective date.
20	20	10
21	21	11
22	22	12
23	23	13. W.S. 35-6-140 through 35-6-149 are created
24	24	14 to read:
25	25	15 2025STATE OF WYOMING25LSO-04612HB02391
26	26	2
27	27	3 This act shall be known and may be cited as the
28	28	4 "Reproductive Freedom Act."
29	29	5
30	30	6
31	31	7
32	32	8 (a) It is the public policy of the state that:
33	33	9
34	34	10 (i) Every person has the right to freedom from
35	35	11 governmental interference with respect to personal
36	36	12 reproductive decisions;
37	37	13
38	38	14 (ii) Every person has the right to choose or
39	39	15 refuse birth control;
40	40	16
41	41	17 (iii) Every person has the right to choose or
42	42	18 refuse to have an abortion, except as specifically limited
43	43	19 by this act;
44	44	20
45	45	21 (iv) The state shall not deny or interfere with
46	46	22 a person's right to choose or refuse to have an abortion,
47	47	23 except as specifically permitted by this act; 2025STATE OF WYOMING25LSO-04613HB0239
48	48	1
49	49	2 (v) The state shall not discriminate against the
50	50	3 exercise of these rights in the regulation or provision of
51	51	4 benefits, facilities, services or information.
52	52	5
53	53	6
54	54	7
55	55	8 (a) As used in this act:
56	56	9
57	57	10 (i) "Abortion" means any medical treatment,
58	58	11 medication or procedure intended to induce the termination
59	59	12 of a pregnancy except for the purpose of producing a live
60	60	13 birth;
61	61	14
62	62	15 (ii) "Advanced practice registered nurse" means
63	63	16 as defined by W.S. 33-21-120(a)(i);
64	64	17
65	65	18 (iii) "Health care provider" means a person who
66	66	19 is licensed, certified or otherwise authorized or permitted
67	67	20 by the laws of this state to administer health care in the
68	68	21 ordinary course of business or practice of a profession;
69	69	22 2025STATE OF WYOMING25LSO-04614HB02391 (iv) "Physician" means a person licensed to
70	70	2 practice medicine as a physician under the Medical Practice
71	71	3 Act;
72	72	4
73	73	5 (v) "Physician assistant" means a person
74	74	6 licensed to practice medicine as a physician assistant
75	75	7 under the Medical Practice Act;
76	76	8
77	77	9 (vi) "Pregnancy" means the reproductive process
78	78	10 beginning with the implantation of an embryo;
79	79	11
80	80	12 (vii) "Private medical facility" means any
81	81	13 medical facility that is not owned or operated by the
82	82	14 state;
83	83	15
84	84	16 (viii) "State" means the state of Wyoming and
85	85	17 any authority, board, commission, department, division or
86	86	18 separate operating agency of the executive, legislative or
87	87	19 judicial branch of the state of Wyoming, including its
88	88	20 political subdivisions;
89	89	21
90	90	22 (ix) "Viability" means the point in the
91	91	23 pregnancy when, in the judgment of the physician, physician 2025STATE OF WYOMING25LSO-04615HB0239
92	92	1 assistant, advanced practice registered nurse or other
93	93	2 health care provider acting within the provider's scope of
94	94	3 practice on the particular facts of the case, there is a
95	95	4 significant likelihood of the fetus's sustained survival
96	96	5 outside the uterus without the application of extraordinary
97	97	6 medical measures;
98	98	7
99	99	8 (x) "This act" means W.S. 35-6-140 through
100	100	9 35-6-149.
101	101	10
102	102	11
103	103	12
104	104	13 (a) The state shall not deny or interfere with a
105	105	14 person's right to have an abortion:
106	106	15
107	107	16 (i) Prior to viability of the fetus; or
108	108	17
109	109	18 (ii) To protect the pregnant woman's life or
110	110	19 health.
111	111	20
112	112	21 (b) A physician, physician assistant, advanced
113	113	22 practice registered nurse or other health care provider 2025STATE OF WYOMING25LSO-04616HB0239
114	114	1 acting within the provider's scope of practice may
115	115	2 terminate a pregnancy as permitted by this act.
116	116	3
117	117	4 (c) A health care provider may assist a physician,
118	118	5 physician assistant, advanced practice registered nurse or
119	119	6 other health care provider acting within the health care
120	120	7 provider's scope of practice in terminating a pregnancy as
121	121	8 permitted by law.
122	122	9
123	123	10
124	124	11
125	125	12 (a) Any person who provides medical treatment,
126	126	13 provides medication or performs a procedure intended to
127	127	14 induce the termination of a pregnancy not authorized by
128	128	15 this act shall be guilty of a misdemeanor punishable by
129	129	16 imprisonment for not more than one (1) year, a fine not to
130	130	17 exceed five thousand dollars ($5,000.00), or both.
131	131	18
132	132	19 (b) Except as provided in subsection (a) of this
133	133	20 section, the state shall not penalize, prosecute or
134	134	21 otherwise take adverse action against a person for aiding
135	135	22 or assisting a person seeking an abortion in exercising the
136	136	23 person's right to have an abortion under this act. 2025STATE OF WYOMING25LSO-04617HB0239
137	137	1
138	138	2 (c) Nothing in this act shall be construed to subject
139	139	3 a person upon whom any abortion is performed or attempted
140	140	4 to any criminal penalty under this act.
141	141	5
142	142	6
143	143	7
144	144	8 The good faith judgment of a physician, physician
145	145	9 assistant, advanced practice registered nurse or other
146	146	10 health care provider acting within the provider's scope of
147	147	11 practice as to viability of the fetus or as to the risk to
148	148	12 the life or health of a person seeking an abortion shall be
149	149	13 a complete defense in any civil or criminal proceeding for
150	150	14 a violation of this act.
151	151	15
152	152	16
153	153	17
154	154	18 (a) Any regulation promulgated by the state relating
155	155	19 to abortion shall be valid only if the regulation is:
156	156	20
157	157	21 (i) Medically necessary to protect the life or
158	158	22 health of the person seeking an abortion; and
159	159	23 2025STATE OF WYOMING25LSO-04618HB02391 (ii) Consistent with established medical
160	160	2 practice.
161	161	3
162	162	4
163	163	5
164	164	6 (a) No person or private medical facility shall be
165	165	7 required by law or contract to participate in the attempt
166	166	8 to perform or performance of an abortion if the person or
167	167	9 private medical facility objects to participating in the
168	168	10 attempt to perform or performance of an abortion.
169	169	11
170	170	12 (b) No person shall be discriminated against in
171	171	13 employment or professional privileges because of the
172	172	14 person's participation or refusal to participate in the
173	173	15 attempt to perform or performance of an abortion.
174	174	16
175	175	17
176	176	18
177	177	19 If the state provides, directly or by contract, maternity
178	178	20 care benefits, services or information through any program
179	179	21 administered or funded in whole or in part by the state,
180	180	22 the state shall also provide persons otherwise eligible for
181	181	23 the program with substantially equivalent benefits, 2025STATE OF WYOMING25LSO-04619HB0239
182	182	1 services or information to permit them to voluntarily
183	183	2 terminate their pregnancies.
184	184	3
185	185	4
186	186	5
187	187	6 This act shall not be construed to define the state's
188	188	7 interest in the fetus for any purpose other than those
189	189	8 purposes expressly provided in this act.
190	190	9
191	191	10W.S. 21-16-1801 and 35-6-120 through
192	192	11 35-6-139 are repealed.
193	193	12
194	194	13This act is effective immediately upon
195	195	14 completion of all acts necessary for a bill to become law
196	196	15 as provided by Article 4, Section 8 of the Wyoming
197	197	16 Constitution.
198	198	17
199	199	18 (END)