Women's right to information.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0056

HOUSE BILL
NO.
HB0053

Wom
e
n's right to information.

Sponsored by:
Representative(s) Brechtel

A BILL

for

AN ACT relating to public health and safety; requiring physicians to obtain a signed acknowledgment as specified when obtaining a pregnant woman's consent to an abortion; providing an exception; authorizing sanctions as specified; 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.

Abortion; informed consent; ultrasound required upon request.

(a)

No abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:

(i)

Prior to
the
abortion procedure, the physician who is to perform the abortion on the pregnant woman
,
or the referring physician or qualified person assisting the physician
,
has informed the woman, orally and in person, of the following:

(A)

That fetal ultrasound imaging and auscultation of fetal heart tone services are available that enable a pregnant woman to view the image and hear the heartbeat of
the fetus
before the abortion is performed
;
and

(B)

That she has the right to view an active ultrasound of the
fetus
and hear the heartbeat of the
fetus
if the heartbeat is audible.

(
b
)

At the woman’s request, the physician or qualified person assisting the physician
shall provide
:

(
i
)

T
he real-time ultrasound image to the pregnant woman for her to view and auscultation of fetal heart tone for her to hear
;
or

(
ii)

A list of healthcare providers, facilities and clinics that offer to perform ultrasounds free of charge.

The list shall be compiled by the
d
epartment
of health
and arranged geographically and shall include the name, address, hours of operation and telephone number of each listed entity
.

(
c
)

The active ultrasound image
shall
be of a quality consistent with standard medical practice in the community, shall contain the dimensions of the
fetus
and shall accurately portray the presence of external members and internal organs, if present or viewable, of the
fetus
.

(d)

The auscultation of fetal heart tone
shall
be of a quality consistent with standard medical practice in the community
.

(
e
)

Prior to the performance of the abortion, a physician or qualified person assisting the physician shall obtain the woman’s signature on a certification form stating
that:

(i)

The woman has been informed that fetal ultrasound imaging and auscultation of fetal heart tone services are available that enable a pregnant woman to view the image and hear the heartbeat of
the fetus
;

(ii)

S
he has been informed that she has a right to view the active ultrasound image of the
fetus
and hear the heartbeat of the
fetus
if the heartbeat is audible; and

(iii)

The woman either
:

(A)

Re
quested ultrasound imaging and auscultation of fetal heart tone services and received the requested services or was provided with the list of entities
specified
in
paragraph
(b)
(ii)
;
or

(B)

O
pted not to receive ultrasound imaging and auscultation of fetal heart tone services.

(
f
)

Before the abortion is performed or induced, the physician who is to perform or induce the abortion shall receive a copy of the written certification prescribed by
sub
section (e)
of this section
. The physician shall retain a copy of the signed certification form in the woman’s medical record.

(g)

The procedures specified in 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.

Section 2.

W.S.
35
‑
6
‑
101(a) by creating new paragraphs (xii) through (xv) and by
amending and
renumbering (xii) as (xvi) is amended to read:

35
‑
6
‑
101.

Definitions.

(a)

As used in the act, unless the context otherwise requires:

(xii)

"
Auscultation
"

means the act of listening for sounds made by internal organs of the fetus, specifically for a fetal heartbeat, utilizing an ultrasound transducer and fetal heart rate monitor
;

(xiii)

"
Medical emergency
"
means a condition which, in the reasonable medical judgment of the abortion provider, so complicates the medical condition of the pregnant woman
as to necessitate the immediate termination of the pregnancy to avert her death, or for which
a delay in commencing an abortion procedure would
create
a serious risk of
substantial
and irreversible impairment of a major bodily function;

(xiv)

"
Qualified person
"
means an agent of the physician who is a psychologist, licensed social worker, licensed
professional
counselor
, registered nurse or physician
;

(xv)

"
Ultrasound
"
means the use of ultrasound waves for diagnostic or therapeutic purposes to monitor a developing fetus;

(xii)
(xvi)

"
This act
"
means W.S. 35
‑
6
‑
101 through
35
‑
6
‑
118

35
‑
6
‑
119
.

Section
3
.

This act is effective July 1, 20
10
.

(END)

1
HB0053