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22LSO-0010
2022
STATE OF WYOMING
22LSO-0010
Numbered
2.0
HOUSE BILL NO. HB0149
Human life equality-prohibiting discriminatory abortions.
Sponsored by: Representative(s) Romero-Martinez, Andrew, Baker, Barlow, Bear, Eklund, Flitner, Fortner, Gray, Harshman, Jennings, Knapp, Rodriguez-Williams and Wilson and Senator(s) Salazar
A BILL
for
AN ACT relating to abortions; prohibiting abortions based on selective reasons and disabilities; providing definitions; providing a criminal penalty and disciplinary sanctions for violations; imposing civil liability; making conforming amendments; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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6
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120 is created to read:
35
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6
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120.
Abortions based on disability or other selective reasons prohibited; penalties.
(a)
No person shall intentionally perform, attempt to perform or cause to be performed an abortion if the person knows that the abortion is being sought solely:
(i)
Because the unborn child, human fetus or human embryo has been diagnosed with a disability or has a potential diagnosis of a disability; or
(ii)
Because of the unborn child's, human fetus's or human embryo's:
(A)
Sex;
(B)
Race;
(C)
Color;
(D)
National origin; or
(E)
Ancestry.
(b)
A person who violates subsection (a) of this section is:
(i)
Guilty of a felony punishable by imprisonment for not more than fourteen (14) years;
(ii)
Subject to civil liability for wrongful death.
(c)
Any health care provider licensed under title 33 of the Wyoming statutes who performs an abortion in violation of this section shall be subject to discipline under W.S. 33
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1
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118(c) and the applicable provisions of title 33 of the Wyoming statutes.
Section 2.
W.S. 33
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1
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118 by creating a new subsection (c) and 35
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6
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101(a) by creating new paragraphs (xii) and (xiii) and by amending and renumbering (xii) as (xiv) are amended to read:
33
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1
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118.
Health care licensing boards; authority to discipline licensees for sexual misconduct and performing prohibited abortions.
(c)
A board that licenses health care providers may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any licensee or certificate holder, or may otherwise discipline a licensee or certificate holder, upon clear and convincing evidence that the licensee or certificate holder has performed an abortion prohibited under W.S. 35
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6
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120.
35
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6
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101.
Definitions.
(a)
As used in the act, unless the context otherwise requires:
(xii)
"Disability" means any disease, defect or disorder that could substantially limit one (1) or more major life activities including but not limited to a physical, mental or intellectual disability, disorder or disease, physical disfigurement, scoliosis, dwarfism, down syndrome, albinism, amelia, meromelia or a lethal fetal anomaly;
(xiii)
"Lethal fetal anomaly" means a fetal condition diagnosed before birth that, if the pregnancy
results in a live birth, will with reasonable certainty result in the death of the child not more than three (3) months after the child's birth;
(xii)
(xiv)
"This act" means W.S. 35
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6
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101 through
35
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6
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119
35
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6
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120
.
Section 3
.
(a)
Before July 1, 2022, each licensing board with the authority to license, supervise and discipline health care providers shall review existing rules and promulgate any new rules or amend existing rules to ensure compliance with the provisions of this act.
(b)
As used in this section, "health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to provide care, treatment, services or procedures to maintain, diagnose or otherwise treat a patient's physical or mental condition.
Section 4
.
(a)
Except as provided by subsection (b) of this section, this act is effective July 1, 2022
.
(b)
Sections 3 and 4 of this act are
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0149