Chapter 6 - Abortions
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 orprescription administered to or prescribed for a pregnant woman by any personwith knowledge of the pregnancy, including the pregnant woman herself, with theintent of producing the premature expulsion, removal or termination of a humanembryo or fetus, except that in cases in which the viability of the embryo orfetus is threatened by continuation of the pregnancy, early delivery afterviability by commonly accepted obstetrical practices shall not be construed asan abortion;
(ii) "Accepted medical procedures" means procedures ofthe type and performed in a manner and in a facility which is equipped withsurgical, anaesthetic, resuscitation and laboratory equipment sufficient tomeet the standards of medical care which physicians engaged in the same orsimilar lines of work in the community would ordinarily exercise and devote tothe benefit of their patients;
(iii) "Conception" means the fecundation of the ovum bythe spermatozoa;
(iv) "Hospital" means those institutions licensed bythe state department of health as hospitals;
(v) "Physician" means any person licensed to practicemedicine in this state;
(vi) "Pregnant" means that condition of a woman whohas a human embryo or fetus within her as the result of conception;
(vii) "Viability" means that stage of human developmentwhen the embryo or fetus is able to live by natural or life-supportive systemsoutside 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, theplural includes the singular, and the masculine includes the feminine orneuter, when consistent with the intent of this act and when necessary toeffect its purpose;
(x) "Minor" means a pregnant woman under the age ofeighteen (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 beenfinancially 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 theyare both living, or one (1) parent of the minor if only one (1) is living or ifthe 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.
Anabortion shall not be performed after the embryo or fetus has reached viabilityexcept when necessary to preserve the woman from an imminent peril thatsubstantially endangers her life or health, according to appropriate medicaljudgment.
35-6-103. Viability not affected by abortion.
Aphysician who performs an abortion procedure employed pursuant to W.S. 35-6-102shall 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.
Thecommonly accepted means of care shall be employed in the treatment of anyviable infant aborted alive with any chance of survival.
35-6-105. Private institutions not required to perform abortions; noliability for refusal to perform abortion.
Noprivate hospital, clinic, institution or other private facility in this stateis required to admit any patient for the purpose of performing an abortion norto allow the performance of an abortion therein. The private hospital, clinic,institution or any other private facility shall inform any prospective patientseeking an abortion of its policy not to participate in abortion procedures. Nocause of action shall arise against any private hospital, clinic, institutionor any other private facility for refusing to perform or allow an abortion.
35-6-106. Persons not required to perform abortion; no civil liabilityfor refusal; sanctions or discrimination for refusal forbidden.
Noperson shall, in any way, be required to perform or participate in any abortionor in any act or thing which accomplishes or performs or assists inaccomplishing or performing a human miscarriage, euthanasia or any other deathof a human fetus or human embryo. The refusal of any person to do so is not abasis for civil liability to any person. No hospital, governing board or anyother person, firm, association or group shall terminate the employment of, alterthe position of, prevent or impair the practice or occupation of, or impose anyother sanction or otherwise discriminate against any person who refuses toperform or participate in any abortion or in any act or thing whichaccomplishes, performs or assists in accomplishing or performing a humanmiscarriage, 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 establishan abortion reporting form which shall be used after May 27, 1977 for thereporting of every abortion performed or prescribed in this state. The formshall include the following items in addition to such other information as maybe necessary to complete the form, but in no case shall information be requiredthat would tend to disclose the identity of any individual participating in anabortion:
(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 historyregarding previous pregnancies, abortions and live births;
(v) The length and weight of the aborted fetus or embryo, whenmeasurable;
(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 andsent 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.
Thestate office of vital records services shall prepare and after May 27, 1977keep on file for seven (7) years compilations of the information submitted onthe abortion reporting forms. The compilations shall be available only to alocal, state or national public health official or a physician upon his writtenrequest. The state health officer, in order to maintain and keep suchcompilations current, shall file with the reports any new or amended information.The information submitted under W.S. 35-6-107 and compiled under this sectionshall not be stored in any computer.
35-6-109. Rules and regulations for disposal of bodies and partsthereof.
Thestate department of health may prescribe rules and regulations for the disposalof the bodies, tissues, organs and parts thereof of an unborn child, humanfetus or human embryo which has been aborted.
35-6-110. Penalty for violation of W.S. 35-6-102, 35-6-103 or35-6-104.
Anyphysician or other person who violates any provision of W.S. 35-6-102, 35-6-103or 35-6-104 is guilty of a felony punishable by imprisonment in thepenitentiary for not more than fourteen (14) years.
35-6-111. Penalty for person other than physician to perform abortion.
Anyperson other than a licensed physician who performs an abortion is guilty of afelony 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 medicalprocedures.
Anyperson who performs or prescribes an abortion by using anything other thanaccepted medical procedures is guilty of a felony punishable by imprisonment inthe penitentiary for not more than fourteen (14) years.
35-6-113. Penalty for violating W.S. 35-6-106.
Anyperson, firm, corporation, group or association who violates W.S. 35-6-106 isguilty 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 forrefusal to perform abortion.
Anyperson or persons injured by any action prohibited in W.S. 35-6-106 may bycivil action obtain injunctive relief or damages.
35-6-115. Penalty for giving away a live or viable aborted child forexperimentation.
Whoeversells, transfers, distributes or gives away any live or viable aborted childfor any form of experimentation is guilty of a felony punishable by a fine ofnot less than ten thousand dollars ($10,000.00) and by imprisonment in thepenitentiary for not less than one (1) year nor more than fourteen (14) years.Any person consenting, aiding or abetting such sale, transfer, distribution orother unlawful disposition of an aborted child is guilty of a felony punishableby a fine of not less than ten thousand dollars ($10,000.00) and byimprisonment in the penitentiary for not less than one (1) year nor more thanfourteen (14) years or both, and shall also be subject to prosecution forviolation of any other criminal statute.
35-6-116. Advertising drug or nostrum for procuring abortion ormiscarriage.
Whoeverprints or publishes any advertisement of any drug or nostrum with intent toobtain utilization of such drug or nostrum for procuring abortion ormiscarriage; or sells or gives away, or keeps for sale or gratuitousdistribution, any newspaper, circular, pamphlet, or book containing suchadvertisement, or any account or description, of such drug or nostrum withintent to obtain utilization of such drugs or nostrum to procure abortion ormiscarriage, shall be fined not more than one hundred dollars ($100.00), towhich 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.
Nofunds appropriated by the legislature of the state of Wyoming shall be used topay for abortions except when the pregnancy is the result of incest as definedby W.S. 6-4-402 or sexual assault as defined by W.S. 6-2-301 if the assault isreported to a law enforcement agency within five (5) days after the assault orwithin five (5) days after the time the victim is capable of reporting theassault, or when the life of the mother would be endangered if the unborn childwas carried to full term.
35-6-118. Procedure governing abortion performed upon minor.
(a) An abortion shall not be performed upon a minor unless atleast one (1) of the minor's parents or her guardian are notified in writingat least forty-eight (48) hours before the abortion, and the attendingphysician 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 toself-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 thecourt order and the written consent of the minor; or
(ii) The abortion is authorized by court order pursuant tosubparagraph (b)(v)(C) of this section and the attending physician receives acertified copy of the court order.
(b) A juvenile court of jurisdiction may grant the right of aminor to self-consent to an abortion or may authorize an abortion upon a minorin accordance with the following procedure:
(i) The minor shall apply to the juvenile court for assistanceeither in person or through an adult of the minor's choice. The court shallassist the minor in preparing the petition and notices required under thissubsection;
(ii) Notwithstanding W.S. 14-6-212, the minor or an adult of theminor's choice shall file a petition with the court, signed by the minor andsetting 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 orcustodian has not been appointed, any other person standing in loco parentis ofthe minor;
(C) That the minor has been informed by her treating physicianof 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 ofthe minor.
(iii) The court may appoint a guardian ad litem of the minor andmay appoint legal counsel for the minor;
(iv) Within five (5) days after the petition is filed underparagraph (ii) of this subsection, a hearing on the merits of the petitionshall be held on the record. Any appointed counsel shall be appointed andnotified by the court at least forty-eight (48) hours before the time set forhearing. 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 theabortion, 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 oflaw, order the record of the hearing sealed and shall:
(A) Deny the petition, setting forth the grounds on which thepetition is denied;
(B) Grant the minor the right to self-consent to the abortionbased upon a finding by clear and convincing evidence that the minor issufficiently mature and adequately informed to make her own decision, inconsultation with her physician, independently of the wishes of her parents orguardian; or
(C) Authorize the abortion based upon a finding by clear andconvincing evidence that the abortion is in the best interest of the minor.
(vi) Any order entered pursuant to paragraph (v) of thissubsection may be appealed by a party to the supreme court in accordance withthe Wyoming Rules of Appellate Procedure. Notwithstanding W.S. 14-6-233, thesupreme court shall by rule provide for expedited appellate review of appealsunder this paragraph.
(c) The provisions of this section shall not apply in anemergency medical situation when, to a reasonable degree of medicalprobability, the attending physician determines that an abortion is necessaryto preserve the minor from an imminent peril that substantially endangers herlife, and so certifies in the minor's medical record.
(d) The written notifications required under this section shallbe delivered:
(i) Personally by the minor, attending physician or an agent;or
(ii) By certified mail addressed to the parent at the usualplace of abode of the parent with return receipt requested and restricteddelivery to the addressee.
(e) No parent, guardian or spouse shall require a minor tosubmit to an abortion against her wishes.
(f) Any physician or other person who knowingly performs anabortion on a minor in violation of W.S. 35-6-118 is guilty of a misdemeanorpunishable by a fine of not more than one thousand dollars ($1,000.00),imprisonment for not more than one (1) year, or both.