Wyoming pregnancy centers-autonomy and rights.

25LSO-0553
2025
STATE OF WYOMING
25LSO-0553
Introduced
2.0

HOUSE BILL NO. HB0273

Wyoming pregnancy centers-autonomy and rights.

Sponsored by: Representative(s) Rodriguez-Williams, Angelos, Haroldson, Harshman, Hoeft, Johnson and Ottman and Senator(s) Biteman, Boner, Brennan and French

A BILL

for

AN ACT relating to public health and safety; providing legislative findings; prohibiting the state and specified governmental entities from adopting any law, rule or policy that targets pregnancy centers for oversight or regulation based on the centers' stance against abortion; providing definitions; providing penalties; specifying available damages; providing a right of intervention for members of the legislature as specified; making conforming amendments; and providing for an effective date.

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

Section 1
.

(a)

The legislature finds that:

(i)

Pregnancy centers have a considerable and growing life
‑
affirming impact on the women, men, children and communities that they serve;

(ii)

Pregnancy centers serve women in Wyoming and across the United States with integrity and compassion;

(iii)

Pregnancy centers provide comprehensive care to women and men facing unexpected pregnancies, including resources to meet their physical, psychological, emotional and spiritual needs;

(iv)

Pregnancy centers offer women free, confidential and compassionate services, including pregnancy tests, peer counseling, twenty
‑
four (24) hour telephone hotlines, childbirth and parenting classes, referrals to community health care, adoption referrals and other support services;

(v)

Many medical pregnancy centers offer ultrasounds and other medical services;

(vi)

Pregnancy centers encourage women to make positive life choices by equipping them with complete and accurate information regarding their pregnancy options and the development of their unborn children;

(vii)

Pregnancy centers provide important support and resources for women who choose childbirth over abortion;

(viii)

Pregnancy centers have faced unprecedented attacks since the United States Supreme Court's decision in
Dobbs v. Jackson Women's Health Organization
, which overturned
Roe v. Wade
and the federal constitutional right to abortion;

(ix)

Since 2022, at least one
‑
third (1/3) of the states have introduced legislation seeking to undermine pregnancy centers' freedom of speech and association, or legislation to interfere with their hiring and staffing decisions, while numerous municipalities have considered similar ordinances.

Section 2
.

W.S. 1
‑
39
‑
124 and 35
‑
4
‑
1101 through 35
‑
4
‑
1104 are created to read:

1
‑
39
‑
124.

Liability; Pregnancy centers.

A governmental entity is liable for damages resulting from a violation of W.S. 35
‑
4
‑
1103, in accordance with W.S. 35
‑
4
‑
1104(a).

ARTICLE 11
PREGNANCY CENTERS – PROTECTION

35
‑
4
‑
1101.

Short title.

This act shall be known and may be cited as the "Wyoming Pregnancy Center Autonomy and Rights of Expression (CARE) Act."

35
‑
4
‑
1102.

Definitions.

(a)

As used in this act:

(i)

"Abortion" means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of the unborn child. "Abortion" shall not include any use, prescription or means specified in this paragraph if the use, prescription or means are done with the intent to:

(A)

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

(B)

Remove a dead unborn child caused by miscarriage;

(C)

Remove an ectopic pregnancy; or

(D)

Perform a pre
‑
viability separation procedure when the procedure is, based on reasonable medical judgment, necessary to save the life of or prevent serious physical injury to the pregnant woman.

(ii)

"Abortion
‑
inducing drug" means any medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of an unborn child. "Abortion
‑
inducing drug" includes the off
‑
label use of drugs known to have abortion
‑
inducing properties that are prescribed specifically with the intent of causing an abortion. "Abortion
‑
inducing drug" does not include drugs that may be known to cause an abortion but are prescribed for other medical indications;

(iii)

"Contraception" means the use of any natural or artificial means to prevent the fertilization of a human ovum;

(iv)

"Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity;

(v)

"Miscarriage" means a spontaneous loss of an unborn child;

(vi)

"Pregnancy center" means a private nonprofit organization that promotes childbirth and alternatives to abortion and provides women, children and families with resources, counseling, classes, referrals and information related to pregnancy, childbearing, adoption and parenting. A medical pregnancy center may provide medical testing, counseling and pregnancy
‑
related care;

(vii)

"Pre
‑
viability separation procedure" means a medical procedure performed by a licensed physician to remove an unborn child from the mother's uterine cavity before that stage of fetal development when, in the physician's reasonable medical judgment based on the particular facts of the case and in light of the most advanced medical technology and information available, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the child's mother, with or without artificial support. "Pre
‑
viability separation procedure" does not include an abortion;

(viii)

"This act" means W.S. 35
‑
4
‑
1101 through 35
‑
4
‑
1104.

35
‑
4
‑
1103.

Interference with pregnancy centers prohibited.

(a)

The state and any of its political subdivisions, counties, cities, towns, special districts and agencies shall not, through the adoption or enactment of any law, ordinance, resolution, policy or similar measure:

(i)

Require a pregnancy center to offer or perform abortions;

(ii)

Require a pregnancy center to offer, provide or distribute abortion
‑
inducing drugs or contraception;

(iii)

Require a pregnancy center to refer any person for abortion, an abortion
‑
inducing drug or contraception;

(iv)

Require a pregnancy center to counsel in favor of abortion, abortion
‑
inducing drugs or contraception;

(v)

Require a pregnancy center to post any advertisement, sign, flyer or other similar material that promotes or provides any information that promotes or provides information about obtaining an abortion, abortion
‑
inducing drugs or contraception;

(vi)

Prohibit a pregnancy center from providing information, care, counseling, classes or other services related to pregnancy, childbirth or parenting because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion
‑
inducing drugs or contraception;

(vii)

Prohibit a pregnancy center from providing prenatal and postnatal resources, including diapers, baby clothes, baby furniture, formula and similar items because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion
‑
inducing drugs or contraception;

(viii)

Prohibit a medical pregnancy center from providing medical testing, counseling and care related to pregnancy or childbirth because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion
‑
inducing drugs or contraception;

(ix)

Prohibit a medical pregnancy center from counseling a woman on any pregnancy
‑
related care or treatment, including care or treatment that may reverse the effects of abortion
‑
inducing drugs;

(x)

Interfere with the pregnancy center's staffing or hiring decisions by requiring the center to interview, hire or continue to employ any person who does not affirm the center's mission statement or agree to comply with the center's pro
‑
life ethic and operating procedure.

35
‑
4
‑
1104.

Legal remedies; right of intervention.

(a)

A pregnancy center or any person aggrieved by a violation of this act may commence a civil action for damages, declaratory relief, injunctive relief and any other appropriate relief. A person prevailing in an action under this subsection shall be entitled to recover an amount equal to three (3) times the actual damages sustained. Recovery under this subsection shall be not less than five thousand dollars ($5,000.00) and shall include all costs and reasonable attorney fees. For purposes of this subsection, damages shall be cumulative and shall in no way be limited by any other remedies that may be available under any other federal, state or municipal law.

(b)

By legislative order, the legislature may appoint one (1) or more members to intervene as a matter of right in any case in which the constitutionality or legality of this act is challenged.

Section 3.

W.S. 1
‑
39
‑
104(a) is amended to read:

1
‑
39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
‑
39
‑
105 through 1
‑
39
‑
112
,

and
1
‑
39
‑
122
and 1
‑
39
‑
123
through 1
‑
39
‑
124
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
‑
39
‑
120(b). The claims procedures of W.S. 1
‑
39
‑
113 apply to contractual claims against governmental entities.

Section 4
.

This act is effective July 1, 2025
.

(END)

1
HB0273