§ 35-6-301 — Chemical abortions; ultrasound requirement; definitions; penalties

Wyoming § 35-6-301

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 6: ABORTIONS
• Art. 3: REGULATION OF ABORTIONS

Text

(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,
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;
(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) "Chemical abortion" means the use of any
medication, drug, substance or combination thereof that is
prescribed or administered for the purpose of terminating a
pregnancy once the pregnancy can be confirmed through
conventional medical testing;
(iii) "Health care provider" means a person licensed,
certified or authorized in a health care profession under title
33 of the Wyoming statutes;
(iv) "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 baby or human being
from fertilization, when a fertilized egg has implanted in the
wall of the uterus, to full gestation and childbirth.
(b) Not less than forty-eight (48) hours before a pregnant
woman procures the drugs or substances for a chemical abortion
or before a health care provider dispenses the drugs or
substances necessary for a chemical abortion, whichever is
earlier, the pregnant woman shall receive an ultrasound in order
to provide the pregnant woman the opportunity to view the active
ultrasound of the unborn baby and view the fetal heart motion or
hear the heartbeat of the unborn baby if the heartbeat is
audible.
(c) The ultrasound required under subsection (b) of this
section shall be of a quality consistent with standard medical
practice in the community.
(d) Upon providing an ultrasound under this section, the
provider of the ultrasound shall provide the pregnant woman with
a document that specifies:
(i) The date, time and place of the ultrasound;
(ii) The health care provider who ordered or
requested the ultrasound;
(iii) The health care provider who performed the
ultrasound;
(iv) Confirmation of intrauterine pregnancy and the
gestational age of the unborn baby.
(e) Before a health care provider dispenses the drugs or
substances necessary for a chemical abortion to a pregnant
woman, the health care provider shall verify that the ultrasound
required by this section occurred.
(f) Except as otherwise provided in this subsection, any
person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment for not more than six (6)
months, a fine not to exceed nine thousand dollars ($9,000.00),
or both. Nothing in this section shall be construed to subject a
pregnant woman to any criminal penalty under this subsection.