Prohibiting chemical abortions.

Plain English Breakdown

The law does not specify penalties for women who undergo chemical abortions.

Law Banning Chemical Abortions

This law makes it illegal to use drugs for chemical abortions, with some exceptions and penalties.

What This Bill Does

• Makes it against the law for anyone to prescribe, dispense, distribute, sell or use any drug to procure or perform an abortion.
• Allows doctors to prescribe birth control pills before pregnancy is confirmed through conventional medical testing.
• Permits treatment of a natural miscarriage according to currently accepted medical guidelines.
• Exempts cases where the woman's life or health is in immediate danger, including pregnancies resulting from rape or incest.
• Says anyone who breaks this law can be fined up to $9,000 and/or put in jail for up to six months.

Who It Names or Affects

• Doctors and other medical professionals
• Women seeking abortions

Terms To Know

Chemical abortion

An abortion caused by taking certain drugs.

Imminent peril

A situation where someone's life or health is in immediate danger.

Limits and Unknowns

• The law does not apply to birth control pills given before pregnancy can be confirmed.
• It only applies after July 1, 2023.

Official Summary Text

Bill Summary - 23LSO-0428
Bill No.:

SF0109

Effective:

7/1/2023

LSO No.:

23LSO-0428

Enrolled Act No.:

SEA No. 0093

Chapter No.:

190

Prime Sponsor:

Salazar

Catch Title:

Prohibiting chemical abortions.

Subject:

Prohibits prescribing, dispensing, distributing, selling or using any drug to perform a chemical abortion and provides a penalty.

Summary/Major Elements:

This act makes it unlawful for any person to prescribe, dispense, distribute, sell or use any drug to procure or perform an abortion.

This act provides specific exemptions to the prohibition on a chemical abortion, including:
The sale, use or administration of contraceptives.
Treatment of a natural miscarriage.
Treatment necessary to save a woman from imminent peril that substantially endangers the woman's life or health. For purposes of this exemption, "imminent peril" is defined.
When the pregnancy is the result of rape or incest.

Any physician or other person who violates this act is guilty of a misdemeanor punishable by six (6) months imprisonment, a fine of not more than nine thousand dollars ($9,000.00) or both. A woman upon whom a chemical abortion is performed cannot be criminally prosecuted under this act.

Comments:

This act contains provisions that are substantially similar to 2023 Wyoming Session Law, Chapter 184, Life is a Human Right Act. This act and the Life is a Human Right Act both prohibit the use of drugs to procure or perform an abortion and both provide exceptions to the general prohibition. There are two notable differences between these acts:
First, this act provides for a misdemeanor penalty for any person who performs or provides drugs to a pregnant woman to procure an abortion while the Life is a Human Right Act provides a felony penalty for the same conduct.
This act is effective July 1, 2023 and the Life is a Human Right Act is effective immediately.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

23LSO-0428

ORIGINAL Senate

ENGROSSED
File No
.
SF0109

ENROLLED ACT NO. 93,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to abortions; prohibiting chemical abortions as specified; providing criminal penalties; providing definitions; specifying exceptions; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
6
‑
120 is created to read:

35
‑
6
‑
120.

Chemical abortions prohibited; exceptions; penalty.

(a)

Notwithstanding any other provision of law, it shall be unlawful to prescribe, dispense, distribute, sell or use any drug for the purpose of procuring or performing an abortion on any person.

(b)

The prohibition in subsection (a) shall not apply to:

(i)

The sale, use, prescription or administration of any contraceptive agent administered before conception or before pregnancy can be confirmed through conventional medical testing;

(ii)

The treatment of a natural miscarriage according to currently accepted medical guidelines;

(iii)

Treatment necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment, or the pregnancy is the result of incest as defined by W.S. 6
‑
4
‑
402 or sexual assault as defined by W.S. 6
‑
2
‑
301. As used in this paragraph, "imminent peril" means only a physical condition and shall not include any psychological or emotional conditions. No medical treatment shall form the basis for an exception under this paragraph if it is based on a claim or diagnosis that the pregnant woman will engage in conduct which she intends to result in her death or other self
‑
harm.

(c)

Except as otherwise provided in this section, any physician or other person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine not to exceed nine thousand dollars ($9,000.00), or both.

(d)

A woman upon whom a chemical abortion is performed or attempted shall not be criminally prosecuted pursuant to subsection (c) of this section.

Section 2.

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

35
‑
6
‑
101.

Definitions.

(a)

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

(vi)

"Pregnant"
or "pregnancy"
means that condition of a woman who has a human embryo or fetus within her as the result of conception;

(xii)

"This act" means W.S. 35
‑
6
‑
101 through
35
‑
6
‑
119
35
‑
6
‑
120
.

Section 3
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1