Abortion-available information for decision.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0406

HOUSE BILL
NO.
HB0118

Abortion-available information for
decision
.

Sponsored by:
Representative(s) Brechtel, Davison, Eklund, Gingery, Jaggi, McKim and Peasley and Senator(s) Dockstader,
Jennings
, Meier and Nutting

A BILL

for

AN ACT relating to
public health and safety; requiring physicians to provide patients with specified information before certain nonemergency abortion procedures; providing definitions and amending a definition;
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.

Information provided to patient.

(a)

Except in the case of a medical emergency, at least
twenty-four (
24
)
hours prior to an abortion being performed or induced on an unborn child, the physician performing the abortion on the pregnant woman, the referring physician or a qualified person assisting the physician shall, orally and in person:

(i)

Inform the pregnant woman that she has a right to view an active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible. The active ultrasound image must be of a quality consistent with standard medical practice in the community, shall contain the dimensions of the unborn child and shall accurately portray the presence of external members and internal organs, if present or viewable, of the unborn child. The auscultation of fetal heart tone must be of a quality consistent with standard medical practice in the community;

(ii)

In the case where the unborn child is twenty (20) weeks gestation or more, offer information on fetal pain to the pregnant woman. The information shall include, but shall not be limited to, the following:

(A)

That, by twenty (20) weeks gestation, an unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus and cortex, that are necessary in order to feel pain;

(B)

That an unborn child who is twenty (20) weeks gestation or more is fully capable of experiencing pain;

(C)

A description of the actual steps in the abortion procedure to be performed or induced, and at which steps in the abortion procedure the unborn child is capable of feeling pain;

(D)

That maternal anesthesia typically offers little pain prevention for the unborn child;

(E)

That an anesthetic or analgesic is available in order to minimize or alleviate pain to the unborn child.

(b)

This section shall not apply to an abortion performed with the intent to:

(i)

Save the life or preserve the health of the unborn child;

(ii)

Remove a dead unborn child;

(iii)

Remove an ectopic pregnancy.

(
c
)

For purposes of this section
:

(i)

"Medical emergency" means a pregnant woman
's condition
which, on the basis of a physician's good faith clinical judgment:

(A)

So complicates her medical condition that the immediate termination of her pregnancy is necessary to
prevent
her death; or

(B)

Creates a serious risk of
causing her
substantial and irreversible impairment of a major bodily function
.

(ii)

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

Section 2.

W.S. 35
‑
6
‑
101(a)(xii) is amended to read:

35
‑
6
‑
101.

Definitions.

(a)

As used in the act, unless the context otherwise requires:
(xii)

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

35
‑
6
‑
119
.

Section
3
.

This act is effective July 1, 2011.

(END)

1
HB0118