Title 35, Title 35 — Public Health And Safety

Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (i) For purposes of research or education, a hospital, accredited medical school, dental school, college or university,…

Delivery of document of gift not required; right to examine. (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift wit…

Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department and any donor registry that it knows exists for the …

Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Sale or purchase of parts prohibited. (a) Except as otherwise provided in subsection (b) of this section, a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after…

Other prohibited acts. A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a misdemeanor punishable by imprisonment for not …

Immunity. (a) A person who acts in accordance with this act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding. (b) Neither the person maki…

Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (i) This act; (ii) The laws of the state or country where it was executed; or (iii) The laws of the state or country…

Donor registry. (a) The department shall electronically transfer to a procurement organization the information that appears on the front of the driver's license or identification card, to include the name, gender, date of birth, social security number if it appears on the license…

Effect of anatomical gift on advance health care directive. (a) In this section: (i) "Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-…

Cooperation between coroner and procurement organization. (a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. (b) If a coroner receives notice from…

Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner. (a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information and available medical and social history of a decedent …

Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.…

Promotion of anatomical gifts. Any money received from donations by owners of vehicles under W.S. 31-2-233(b) or 31-3-101(h) shall be deposited into a separate anatomical awareness account to be used by the department of health and its advisory council to promote general public a…

Definitions. (a) As used in this article: (i) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion; (ii) "Auxiliary aid or service" means an aid or service that is used to provid…

Discrimination prohibited. (a) A covered entity shall not, solely on the basis of an individual's disability: (i) Consider the individual ineligible to receive an anatomical gift or organ transplant; (ii) Deny medical services or other services related to organ transplantation, i…

Enforcement. (a) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other relief against the covered entity for purposes of enforcing compliance with …

Short title. This act shall be known and may be cited as the "Life is a Human Right Act."

Findings and purposes. (a) The legislature finds that: (i) As a consequence of an unborn baby being a member of the species homo sapiens from conception, the unborn baby is a member of the human race under article 1, section 2 of the Wyoming constitution; (ii) The legislature ack…

Definitions. (a) As used in this act: (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 …

Abortion prohibited. (a) Except as provided in W.S. 35-6-124, no person shall knowingly: (i) Administer to, prescribe for or sell to any pregnant woman any medicine, drug or other substance with the specific intent of causing or abetting an abortion; or (ii) Use or employ any ins…

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 …