Title 35, Title 35 — Public Health And Safety

Exceptions to abortion prohibition; applicability. (a) It shall not be a violation of W.S. 35-6-123 for a licensed physician to: (i) Perform a pre-viability separation procedure necessary in the physician's reasonable medical judgment to prevent the death of the pregnant woman, a…

Penalties and remedies. (a) Any person who violates W.S. 35-6-123 is guilty of a felony punishable by a fine not to exceed twenty thousand dollars ($20,000.00), imprisonment for not more than five (5) years, or both. (b) Nothing in this act shall be construed to subject a pregnan…

Professional sanctions; civil penalties. (a) In addition to any other penalties available under law, a physician or any other professionally licensed person who intentionally, knowingly or recklessly violates W.S. 35-6-123 commits an act of unprofessional conduct, and the physici…

Civil remedies. (a) In addition to any remedies available under law, failure to comply with this act shall provide the basis for a civil action as provided by this section. (b) Any pregnant woman upon whom an abortion has been performed, induced or coerced in violation of this ac…

Construction; severability. It is the intent of the legislature that each provision of this act shall operate with equal force and shall be severable and that, in the event that any provision of this act shall be held invalid or unenforceable by a court of competent jurisdiction,…

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 perfo…

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 acco…

Forms for reporting abortions. (a) The state office of vital records services shall establish an abortion reporting form which shall be used after May 27, 1977 for the reporting of every abortion performed or prescribed in this state. The form shall include the following items in…

Compilations of abortions; matter of record; exception. (a) The state office of vital records services shall prepare and keep on file for seven (7) years compilations of the information submitted on the abortion reporting forms. The compilations shall be available as provided in …

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.

Penalty for violating W.S. 35-6-130. Any person, firm, corporation, group or association who violates W.S. 35-6-130 is guilty of an offense punishable by a fine of not more than ten thousand dollars ($10,000.00).

Right to damages for discriminatory employment practices for refusal to perform abortion. Any person or persons injured by any action prohibited in W.S. 35-6-130 may by civil action obtain injunctive relief or damages.

Penalty for giving away an aborted child for experimentation; exemptions. (a) Except as provided in subsection (b) of this section, whoever sells, transfers, distributes or gives away any aborted child or any tissue or cells from an aborted child for any form of experimentation i…

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 gr…

Use of appropriated funds for abortion prohibited. (a) Repealed by Laws 2023, Ch. 184, § 6. (b) No funds appropriated by the legislature of the state of Wyoming shall be used to pay for abortions.

Chemical abortions prohibited; exceptions; penalty. (a) Notwithstanding any other provision of law, it shall be unlawful to prescribe, dispense, distribute, sell or use any drug for the purpose of procuring or performing an abortion on any person. (b) The prohibition in subsectio…

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)…

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 …

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 stat…

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-…

Chemical abortions; ultrasound requirement; definitions; penalties. (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 pregnancy of a woman, incl…

Ultrasound requirement; conflict of laws; applicability. 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 i…

Definitions. (a) As used in this article: (i) "Detectable fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac that is detectable using standard medical equipment; (ii) "Medical emergency" means a …

Determination of detectable fetal heartbeat required. (a) Except in the case of a medical emergency, no person shall perform, induce, attempt to perform or attempt to induce a termination of a pregnancy unless the person has first made a determination of whether the unborn child …

Prohibition of terminations of unborn children with detectable fetal heartbeats. (a) Except as provided in subsection (b) of this section, no person shall perform, induce, attempt to perform or attempt to induce a termination of pregnancy if: (i) The unborn child has a detectable…

Penalties; sanctions. (a) Any person who intentionally or knowingly violates this article shall be guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both. (b) A violation of this article c…

Definitions. (a) As used in this article, 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, …

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 judgmen…

Viability not affected by abortion. A physician who performs an abortion procedure employed pursuant to W.S. 35-6-502 shall not intentionally terminate the viability of the unborn infant prior to, during or following the procedure.

Means of treatment for viable abortion. The commonly accepted means of care that would be rendered to any other infant born alive shall be employed in the treatment of any viable infant who survives an abortion or attempted abortion. Any physician performing an abortion shall tak…

Penalty for violation of W.S. 35-6-502, 35-6-503 or 35-6-504. Any physician or other person who violates any provision of W.S. 35-6-502, 35-6-503 or 35-6-504 is guilty of a felony punishable by imprisonment in the penitentiary for not more than fourteen (14) years.

Penalty for a person other than a 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 and not more than fourteen (14) years.

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 obtai…

Information provided to patient; exceptions. (a) Except in a case of medical emergency, the physician performing the abortion on the patient, the referring physician or a person designated by either physician shall inform the patient of the opportunity to view an active ultrasoun…

Applicability; intent. (a) It is the intent of the legislature that, subject to W.S. 35-6-510: (i) The abortion regulations that existed in Wyoming before the United States supreme court's decision in Dobbs v. Jackson Women's Health Organization, 597 U.S. 2015 (2022) be in effect…

Whether article is effective. (a) This article shall be effective only if a court has enjoined the enforcement or applicability of W.S. 35-6-401 through 35-6-404 or has held that W.S. 35-6-401 through 35-6-404 violates the Wyoming constitution or the United States constitution. (…