Ultrasound requirement for abortions.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0338

HOUSE BILL
NO.
HB0151

Ultrasound requirement for abortions.

Sponsored by:
Representative(s) Brechtel,
Anderson
, R., Davison,
Edmonds
, Harshman, Jaggi, Semlek and Teeters and Senator(s) Dockstader and Geis

A BILL

for

AN ACT relating to
public health and safety; requiring physicians to perform ultrasound examinations prior to obtaining a pregnant woman's consent to an abortion; providing exceptions; providing penalties; providing for a civil remedy and injunctive relief; providing for physician license suspension or revocation; providing definitions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
6
‑
119 is created to read:

35
‑
6
‑
119.

Informed consent; ultrasound required
; definitions
.

(a)

Any physician, prior to asking for or receiving a pregnant woman's informed consent to any part of an abortion procedure, shall:

(i)

Perform an obstetric ultrasound examination on the woman;

(ii)

Provide an explanation of the results of the ultrasound examination to the woman;

(iii)

Display the ultrasound images of the examination in a way that the pregnant woman may view them; and

(iv)

Provide a medical descript
ion
of the ultrasound images, which shall include the dimension
s
of the embryo or fetus and the presence of
external members and internal organs, if present and viewable.

(b)

Nothing in this section shall be construed to prevent a woman from averting her eyes from the ultrasound images required to be provided by subsection (a) of this section. Neither the physician nor the pregnant woman shall be subject to any penalty if she refuses to
view
the ultrasound images.

(c)

The requirements of subsection (a) of this section shall not apply to any physician or facility in the case of a medical emergency involving the pregnant woman.
Upon a determination by a physician that a medical emergency exists, the physician shall certify in the woman's medical records the specific medical condition or conditions that constitute the emergency. For purpose of this subsection:

(i)

"Medical emergency" means a condition which, in the reasonable medical judgment of the abortion provider, so complicates the medical condition of the pregnant woman that a delay in commencing an abortion procedure would impose a serious risk of grave and irreversible damage to the woman's physical health which involves substantial impairment of a major bodily function;

(ii)

"Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and treatment possibilities with respect to the medical conditions involved.

(d)

Any physician who knowingly violates any provision of this section shall be liable for damages as provided in this section and may be enjoined from such acts in
accordance with this section in an appropriate court.

(e)

A cause of action for injunctive relie
f
against any physician who has knowingly violated this section may be maintained by:

(i)

The woman upon whom an abortion was performed or attempted to be performed;

(ii)

Any person who is the spouse, parent, sibling, guardian or current or former licensed health care provider of the woman upon whom an abortion was performed or attempted to be performed;

(iii)

Any d
istrict or county attorney in the county in which a violation of
this section occurred;

(iv)

The attorney general or his designee.

(
f
)

Any physician who performed an abortion in violation of this section shall be considered to have engaged in unprofessional conduct for purposes of license suspension or revocation under the Medical Practice Act.

Section 2.

This act is effective July 1, 2009.

(END)

1
HB0151