WYOMING.
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Title 35
Public
Health and Safety
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CHAPTER 6
ABORTIONS
35‑6‑101. Definitions.
(a) As
used in the act, unless the context otherwise requires:
(i) "Abortion"
means an act, procedure, device or prescription administered to or prescribed
for a pregnant woman by any person with knowledge of the pregnancy, including
the pregnant woman herself, with the intent of producing the premature
expulsion, removal or termination of a human embryo or fetus, except that in
cases in which the viability of the embryo or fetus is threatened by
continuation of the pregnancy, early delivery after viability by commonly
accepted obstetrical practices shall not be construed as an abortion;
(ii) "Accepted
medical procedures" means procedures of the type and performed in a manner
and in a facility which is equipped with surgical, anaesthetic, resuscitation
and laboratory equipment sufficient to meet the standards of medical care which
physicians engaged in the same or similar lines of work in the community would
ordinarily exercise and devote to the benefit of their patients;
(iii) "Conception"
means the fecundation of the ovum by the spermatozoa;
(iv) "Hospital"
means those institutions licensed by the state department of health as
hospitals;
(v) "Physician"
means any person licensed to practice medicine in this state;
(vi) "Pregnant"
means that condition of a woman who has a human embryo or fetus within her as
the result of conception;
(vii) "Viability"
means that stage of human development when the embryo or fetus is able to live
by natural or life‑supportive systems outside the womb of the mother
according to appropriate medical judgment;
(viii) "Woman"
means any female person;
(ix) The
singular where used herein includes the plural, the plural includes the
singular, and the masculine includes the feminine or neuter, when consistent
with the intent of this act and when necessary to effect its purpose;
(x) "Minor"
means a pregnant woman under the age of eighteen (18), but does not include any
woman who:
(A) Is
legally married;
(B) Is
in active military service; or
(C) Has
lived apart from her parents or guardian, has been financially independent and
has managed her own affairs for at least six (6) months prior to a proposed
abortion.
(xi) "Parents"
means both parents of a minor if they are both living, or one (1) parent of the
minor if only one (1) is living or if the second parent cannot be located
through a reasonably diligent effort;
(xii) "This
act" means W.S. 35‑6‑101 through 35‑6‑118.
35‑6‑102. No abortion
after viability; exception.
An abortion
shall not be performed after the embryo or fetus has reached viability except
when necessary to preserve the woman from an imminent peril that substantially
endangers her life or health, according to appropriate medical judgment.
35‑6‑103. Viability not
affected by abortion.
A physician who
performs an abortion procedure employed pursuant to W.S. 35‑6‑102
shall not intentionally terminate the viability of the unborn infant prior to,
during or following the procedure.
35‑6‑104. Means of
treatment for viable abortion.
The commonly
accepted means of care shall be employed in the treatment of any viable infant
aborted alive with any chance of survival.
35‑6‑105. Private
institutions not required to perform abortions; no liability for refusal to
perform abortion.
No private hospital,
clinic, institution or other private facility in this state is required to
admit any patient for the purpose of performing an abortion nor to allow the
performance of an abortion therein. The private hospital, clinic, institution
or any other private facility shall inform any prospective patient seeking an
abortion of its policy not to participate in abortion procedures. No cause of
action shall arise against any private hospital, clinic, institution or any
other private facility for refusing to perform or allow an abortion.
35‑6‑106. Persons not
required to perform abortion; no civil liability for refusal; sanctions or
discrimination for refusal forbidden.
No person shall,
in any way, be required to perform or participate in any abortion or in any act
or thing which accomplishes or performs or assists in accomplishing or
performing a human miscarriage, euthanasia or any other death of a human fetus
or human embryo. The refusal of any person to do so is not a basis for civil
liability to any person. No hospital, governing board or any other person,
firm, association or group shall terminate the employment of, alter the
position of, prevent or impair the practice or occupation of, or impose any
other sanction or otherwise discriminate against any person who refuses to
perform or participate in any abortion or in any act or thing which
accomplishes, performs or assists in accomplishing or performing a human
miscarriage, euthanasia or any other death of a human fetus or embryo.
35‑6‑107. Forms for
reporting abortions.
(a) The
state office of vital records services shall establish an abortion reporting
form which shall be used after
(i) The
age of the pregnant woman;
(ii) The
type of procedure performed or prescribed;
(iii) Complications,
if any;
(iv) A
summary of the pregnant woman's obstetrical history regarding previous
pregnancies, abortions and live births;
(v) The
length and weight of the aborted fetus or embryo, when measurable;
(vi) Type
of facility where the abortion is performed (i.e., hospital, clinic,
physician's office, or other).
(b) The
form shall be completed by the attending physician and sent to the state health
officer as defined in W.S. 9‑2‑103(e) within twenty (20) days after
the abortion is performed.
35‑6‑108. Compilations of
abortions; matter of record; exception.
The state office
of vital records services shall prepare and after
35‑6‑109. Rules and
regulations for disposal of bodies and parts thereof.
The state
department of health may prescribe rules and regulations for the disposal of
the bodies, tissues, organs and parts thereof of an unborn child, human fetus
or human embryo which has been aborted.
35‑6‑110. Penalty for
violation of W.S. 35‑6‑102, 35‑6‑103 or 35‑6‑104.
Any physician
or other person who violates any provision of W.S. 35‑6‑102, 35‑6‑103
or 35‑6‑104 is guilty of a felony punishable by imprisonment in the
penitentiary for not more than fourteen (14) years.
35‑6‑111. Penalty for
person other than physician to perform abortion.
Any person
other than a licensed physician who performs an abortion is guilty of a felony
punishable by imprisonment in the penitentiary for not less than one (1) year
nor more than fourteen (14) years.
35‑6‑112. Penalty to use
means other than commonly accepted medical procedures.
Any person who
performs or prescribes an abortion by using anything other than accepted
medical procedures is guilty of a felony punishable by imprisonment in the
penitentiary for not more than fourteen (14) years.
35‑6‑113. Penalty for
violating W.S. 35‑6‑106.
Any person,
firm, corporation, group or association who violates W.S. 35‑6‑106
is guilty of an offense punishable by a fine of not more than ten thousand
dollars ($10,000.00).
35‑6‑114. Right to
damages for discriminatory employment practices for refusal to perform abortion.
Any person or
persons injured by any action prohibited in W.S. 35‑6‑106 may by
civil action obtain injunctive relief or damages.
35‑6‑115. Penalty for
giving away a live or viable aborted child for experimentation.
Whoever sells, transfers,
distributes or gives away any live or viable aborted child for any form of
experimentation is guilty of a felony punishable by a fine of not less than ten
thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not
less than one (1) year nor more than fourteen (14) years. Any person
consenting, aiding or abetting such sale, transfer, distribution or other
unlawful disposition of an aborted child is guilty of a felony punishable by a
fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in
the penitentiary for not less than one (1) year nor more than fourteen (14)
years or both, and shall also be subject to prosecution for violation of any
other criminal statute.
35‑6‑116. Advertising
drug or nostrum for procuring abortion or miscarriage.
Whoever prints
or publishes any advertisement of any drug or nostrum with intent to obtain
utilization of such drug or nostrum for procuring abortion or miscarriage; or
sells or gives away, or keeps for sale or gratuitous distribution, any
newspaper, circular, pamphlet, or book containing such advertisement, or any
account or description, of such drug or nostrum with intent to obtain
utilization of such drugs or nostrum to procure abortion or miscarriage, shall
be fined not more than one hundred dollars ($100.00), to which may be added
imprisonment in the county jail for not more than six (6) months.
35‑6‑117. Use of
appropriated funds for abortion prohibited; exceptions.
No funds
appropriated by the legislature of the state of Wyoming shall be used to pay
for abortions except when the pregnancy is the result of incest as defined by
W.S. 6‑4‑402 or sexual assault as defined by W.S. 6‑2‑301
if the assault is reported to a law enforcement agency within five (5) days after
the assault or within five (5) days after the time the victim is capable of
reporting the assault, or when the life of the mother would be endangered if
the unborn child was carried to full term.
35‑6‑118. Procedure
governing abortion performed upon minor.
(a) An
abortion shall not be performed upon a minor unless at least one (1) of the minor's parents or her guardian are
notified in writing at least forty‑eight (48) hours before the abortion,
and the attending physician has obtained the written consent of the minor and
at least one (1) parent or guardian of the minor, unless:
(i) The
minor, in a closed hearing, is granted
the right to self‑consent to an abortion by court order pursuant to
subparagraph (b)(v)(B) of this section and
the attending physician receives a certified copy of the court order and the
written consent of the minor; or
(ii) The
abortion is authorized by court order pursuant to subparagraph (b)(v)(C) of
this section and the attending physician receives a certified copy of the court
order.
(b) A
juvenile court of jurisdiction may grant the right of a minor to self‑consent
to an abortion or may authorize an abortion upon a minor in accordance with the
following procedure:
(i) The
minor shall apply to the juvenile court for assistance either in person or
through an adult of the minor's choice.
The court shall assist the minor in preparing the petition and notices
required under this subsection;
(ii) Notwithstanding
W.S. 14‑6‑212, the minor or an adult of the minor's choice shall
file a petition with the court, signed by the minor and setting forth:
(A) The
initials of the minor and the minor's date of birth;
(B) The
names and addresses, if known, of the minor's parents, guardian, custodian or,
if the minor's parents are deceased and a guardian or custodian has not been
appointed, any other person standing in loco parentis of the minor;
(C) That
the minor has been informed by her treating physician of the risks and consequences
of an abortion;
(D) That
the minor is mature and wishes to have an abortion; and
(E) Facts
indicating why an abortion is in the best interest of the minor.
(iii) The
court may appoint a guardian ad litem of the minor and may appoint legal
counsel for the minor;
(iv) Within
five (5) days after the petition is filed under paragraph (ii) of this
subsection, a hearing on the merits of the petition shall be held on the
record. Any appointed counsel shall be
appointed and notified by the court at least forty‑eight (48) hours
before the time set for hearing. At the
hearing, the court shall hear evidence relating to:
(A) The
maturity and understanding of the minor;
(B) The
nature of the abortion, risks and consequences of the abortion, and
alternatives to the abortion; and
(C) Whether
an abortion is in the best interest of the minor.
(v) In
its order, which shall be issued within twenty‑four (24) hours of the
hearing, the court shall enter findings of fact and conclusions of law, order
the record of the hearing sealed and shall:
(A) Deny
the petition, setting forth the grounds on which the petition is denied;
(B) Grant
the minor the right to self‑consent to the abortion based upon a finding
by clear and convincing evidence that the minor is sufficiently mature and
adequately informed to make her own decision, in consultation with her
physician, independently of the wishes of her parents or guardian; or
(C) Authorize
the abortion based upon a finding by clear and convincing evidence that the
abortion is in the best interest of the minor.
(vi) Any
order entered pursuant to paragraph (v) of this subsection may be appealed by a
party to the supreme court in accordance with the Wyoming Rules of Appellate
Procedure. Notwithstanding W.S. 14‑6‑233,
the supreme court shall by rule provide for expedited appellate review of
appeals under this paragraph.
(c) The
provisions of this section shall not apply in an emergency medical situation
when, to a reasonable degree of medical probability, the attending physician
determines that an abortion is necessary to preserve the minor from an imminent
peril that substantially endangers her life, and so certifies in the minor's
medical record.
(d) The
written notifications required under this section shall be delivered:
(i) Personally
by the minor, attending physician or an agent; or
(ii) By
certified mail addressed to the parent at the usual place of abode of the
parent with return receipt requested and restricted delivery to the addressee.
(e) No
parent, guardian or spouse shall require a minor to submit to an abortion
against her wishes.
(f) Any
physician or other person who knowingly performs an abortion on a minor in
violation of W.S. 35‑6‑118 is guilty of a misdemeanor punishable by
a fine of not more than one thousand dollars ($1,000.00), imprisonment for not
more than one (1) year, or both.
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