Stop harm-empower women with informed notices.

26LSO-0445
2026
STATE OF WYOMING
26LSO-0445
ENGROSSED
3.0

HOUSE BILL NO. HB0117

Stop harm-empower women with informed notices.

Sponsored by: Representative(s) Lawley, Andrew, Angelos and Neiman and Senator(s) Boner, Brennan, Olsen and Steinmetz

A BILL

for

AN ACT relating to public health and safety; providing legislative findings; providing definitions; requiring informed consent be provided before the procurement or provision of an abortion; specifying requirements for the provision of informed consent; specifying exceptions; authorizing civil actions; specifying remedies; authorizing a right of intervention as specified; specifying applicability; 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)

Informed consent is foundational to medical treatment decisions. Some informed consent challenges are universal to medicine, while other challenges are specific to the practice of obstetrics and gynecology compared to other specialty areas;

(ii)

It is essential to the psychological and physical well
‑
being of a woman considering an abortion that the woman receives complete and accurate information on abortion and its alternatives;

(iii)

The decision to have an abortion "is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences."
Planned Parenthood v. Danforth
, 428 U.S. 52, 67 (1976);

(iv)

Adequate and legitimate informed consent includes information that relates "to the consequences to the fetus."
Planned Parenthood v. Casey
, 505 U.S. 833, 882 (1992),
overruled by

Dobbs v. Jackson Women's Health Org.
, 597 U.S. 215, 231, 302 (2022);

(v)

A patient cannot agree to medical treatment unless the patient is competent, adequately informed and not coerced into giving informed consent;

(vi)

Many women are coerced into having abortions. A 2017 study on women's abortion experiences reported that seventy
‑
three and eight‑tenths percent (73.8%) of women said that they "disagreed that their decision to abort was entirely free from even subtle pressure from others to abort." Priscilla Coleman et al.,
Women Who Suffered Emotionally from Abortion: A Qualitative Synthesis of their Experiences
, 22 J. Am. Physicians & Surgeons 113, 115 (2017);

(vii)

A 2023 national study found that over sixty percent (60%) of women who had abortions reported experiencing high levels of pressure to abort from one (1) or more sources. David C. Reardon et al.,
Effects of Pressure to Abort on Women's Emotional Responses and Mental Health
, Cureus (Jan. 31, 2023).

(b)

It is the purpose of this act to ensure that a woman who is harmed by the performance of an elective abortion may bring a civil action against any person who performs the abortion in situations where the harm was due to negligent, reckless or intentional conduct, voluntary informed written consent was not given or the abortion provider knew or should have known that the interested party was coerced into the abortion. The legislature declares that women deserve the right to seek and recover damages from the person who performed an abortion in these circumstances that resulted in harm to the woman.

Section 2.

W.S. 35
‑
6
‑
401 through 35
‑
6
‑
403 are created to read:

35
‑
6
‑
401.

Definitions.

(a)

As used in this article:

(i)

"Abortion
‑
inducing drug" means a medicine, drug or other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will, with reasonable likelihood, cause the death of the unborn child. "Abortion
‑
inducing drug":

(A)

Includes the off
‑
label use of drugs known to have abortion
‑
inducing properties that are prescribed or dispensed:

(I)

Specifically with the intent of causing an abortion, including mifepristone, misoprostol and methotrexate;

(II)

Without a diagnosed pregnancy for the purpose of causing an abortion at some future date rather than contemporaneously with a clinically diagnosed pregnancy.

(B)

Shall not include drugs that may be known to cause an abortion but are prescribed for other medical indications, provided that the medical indication is clearly indicated on the prescription.

(ii)

"Abuser" means any person who attempts to, conspires to or successfully coerces or forces a woman to have an abortion;

(iii)

"Chemical abortion" means the act of using or prescribing any abortion
‑
inducing drug with the intent to terminate the pregnancy of a woman known or believed to be pregnant with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. The use or prescription of an abortion
‑
inducing drug is not a chemical abortion if the use or prescription is provided with the intent to:

(A)

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

(B)

Remove a dead unborn child whose death was caused by a miscarriage or stillbirth;

(C)

Remove an ectopic pregnancy;

(D)

Treat a maternal disease or illness for which the prescribed drug is medically indicated without the intent to terminate the pregnancy; or

(E)

Address a medical emergency.

(iv)

"Coercing an abortion" or "forcing an abortion" means a person who knows of or suspects the pregnancy of a woman and engages or conspires with another to engage in any one (1) or more of the following conduct with the intent or purpose to cause or direct the pregnant woman to have an abortion, regardless of whether the abortion has been attempted or completed:

(A)

Committing, attempting to commit or threatening to commit physical harm to the woman, unborn child or another person;

(B)

Holding, attempting to hold or threatening to hold in confinement the woman or unborn child;

(C)

Committing, attempting to commit or threatening to commit against the woman any act prohibited by the laws of this state;

(D)

Revoking, attempting to revoke or threatening to revoke a scholarship awarded to the woman by a public or private institution of higher education;

(E)

Discharging, attempting to discharge or threatening to discharge the woman or another person or changing, attempting to change or threatening to change the woman's or another person's compensation, terms, conditions or privileges of employment;

(F)

Denying, attempting to deny or threatening to deny any social assistance for which a pregnant woman or another person has applied, has been approved for or has been receiving for which the woman or the other person is otherwise eligible;

(G)

Denying, removing or threatening to deny or remove financial support or housing from the pregnant woman or a dependent of the pregnant woman;

(H)

Any other action intended to cause the pregnant woman to have an abortion.

(v)

"Coercion" means an action with purpose to restrict a pregnant woman's freedom of action to her detriment by engaging in conduct specified in paragraph (iv) of this subsection;

(vi)

"Complication" means any adverse physical or psychological condition arising from the performance of an abortion that the board of medicine may define, including but not limited to uterine perforation, cervical perforation, infection, bleeding, hemorrhage, blood clots, a failure to actually terminate the pregnancy, the retention of tissue from an incomplete abortion, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm birth in subsequent pregnancies, free fluid in the abdomen, adverse reactions to anesthesia and other drugs, any psychological or emotional complications and any other adverse event as defined by the federal food and drug administration criteria provided in the MedWatch reporting system;

(vii)

"Elective abortion" means the use of an instrument, medicine, drug or other substance or device, including a chemical abortion, with the intent to terminate the pregnancy of a woman known or believed to be pregnant. "Elective abortion" shall not include medical procedures performed to resolve a miscarriage, ectopic pregnancy or a medical emergency;

(viii)

"Fertilization" means the fecundation of the ovum by the spermatozoa;

(ix)

"Harm" means any complication, loss of consortium with the unborn child or any financial loss associated with an elective abortion or complication;

(x)

"Informed consent" means, except in the case of a medical emergency:

(A)

The pregnant woman receives:

(I)

A written statement including:

(1)

The name of the physician who will perform the elective abortion;

(2)

Medically accurate information that a reasonable patient would consider material to the decision of whether to undergo the elective abortion, including:

a.

Whether the pregnancy is ectopic or molar;

b.

A description of the proposed abortion method;

c.

The immediate and long
‑
term medical risks associated with the proposed abortion method, including any potential complications;

d.

Alternatives to the abortion, including adoption and parenting.

(3)

The unborn child's probable gestational age at the time the elective abortion is to be performed;

(4)

The unborn child's probable anatomical and physiological characteristics at the time the abortion is to be performed;

(5)

The medical risks associated with carrying the child to term; and

(6)

Any need for anti
‑
Rh immune globulin therapy if the pregnant woman is Rh negative, the likely consequences for refusing the therapy and the cost of the therapy.

(II)

A written explanation that:

(1)

The pregnant woman is free to withhold or withdraw her consent to the abortion at any time without affecting:

a.

The pregnant woman's right to future care and treatment; or

b.

The status of any state or federally funded benefits to which the pregnant woman may otherwise be entitled.

(2)

It is against the law for anyone, regardless of that person's relationship to the pregnant woman, to force or coerce the pregnant woman to have an elective abortion; and

(3)

No payment was required or obtained for a service provided in relation to the elective abortion until the elective abortion was performed.

(B)

In the case of an abortion being performed or induced utilizing abortion
‑
inducing drugs, the pregnant woman also receives a written statement of the following:

(I)

That mifepristone alone is not always effective in ending a pregnancy;

(II)

If after taking mifepristone the pregnant woman regrets her decision, she should consult a physician or health care provider immediately to determine if there are options available to assist her in continuing her pregnancy but that time is of the essence.

(C)

Not later than twenty
‑
four (24) hours before the performance or induction of an elective abortion and after the pregnant woman has been provided all of the information required under this paragraph, the pregnant woman provides her informed written consent to the elective abortion.

(xi)

"Interested party" means a woman upon whom an elective abortion is performed or attempted or, in the case of the woman's:

(A)

Death, the woman's spouse, personal representative or, if unmarried, the biological father of the unborn child or the woman's parent or guardian, provided that no person found to be an abuser shall be an interested party;

(B)

Incapacity, as determined by a court, the woman's court
‑
appointed guardian.

(xii)

"Liquidated remedial damages" means damages that represent a minimum compensatory floor for the inherent psychological, physical and dignitary harms resulting from a violation of informed consent under this article;

(xiii)

"Medical emergency" means a condition that, based on the physician's reasonable medical judgment, so complicates a pregnant woman's medical condition as to necessitate the separation of the woman and her unborn child to avert the woman's death or to avert a delay
‑
induced serious risk of substantial and irreversible impairment of a major bodily function;

(xiv)

"Physician" means a person licensed to practice medicine in this state;

(xv)

"Pregnant" means the condition of a woman carrying a fetus or embryo within her body;

(xvi)

"Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;

(xvii)

"Unborn child" means an individual organism of the species homo sapiens from fertilization until live birth.

35
‑
6
‑
402.

Elective abortions; civil liability; requirements.

(a)

Any interested party may bring a civil action against any person who performs an elective abortion where the interested party was harmed by the performance of an elective abortion, and the pregnant woman:

(i)

Did not voluntarily provide informed written consent to the elective abortion;

(ii)

Was coerced or forced into an elective abortion, and the person who performed the elective abortion knew or should have known of the coercion; or

(iii)

Was harmed as a result of negligent, reckless or intentional conduct associated with the provision or induction of the elective abortion.

(b)

Upon prevailing in an action under subsection (a) of this section, the court shall award the interested party:

(i)

Liquidated remedial damages of not less than twenty
‑
five thousand dollars ($25,000.00) for each claim brought by the interested party in which the interested party prevailed;

(ii)

Any compensatory damages determined by the finder of fact and deemed reasonable by the court;

(iii)

Costs and reasonable attorney fees.

(c)

Notwithstanding subsection (b) of this section, no damages shall be awarded in an action under this section if the defendant demonstrates that the defendant previously paid the full amount of liquidated remedial damages under paragraph (b)(i) of this section in a previous action for that elective abortion.

(d)

Nothing in this act shall be construed to preclude or prohibit an interested party from:

(i)

Bringing additional civil actions or claims arising out of the same or similar circumstances that are the basis for an action under this section;

(ii)

Being awarded damages under a separate cause of action or claim brought in accordance with law.

(e)

Notwithstanding W.S. 1
‑
3
‑
105(a), an interested party may bring an action under this section not later than five (5) years after the date the cause of action accrues.

(f)

The following shall not be a defense to an action brought under this section:

(i)

Ignorance or mistake of law;

(ii)

A defendant's belief that the requirements of this article are unconstitutional or were unconstitutional;

(iii)

A defendant's reliance on any state or federal court decision that is not binding on the court in which the action is brought;

(iv)

Nonmutual issue preclusion or nonmutual claim preclusion; or

(v)

Any claim that the enforcement of this article or the imposition of civil liability against the defendant will violate the constitutional rights of third parties.

(g)

This section shall not be construed to impose liability on any speech or conduct protected by the first amendment to the United States constitution or article 1, section 20 of the Wyoming constitution.

(h)

No court shall award attorney fees or costs to a defendant in an action brought under this section.

(j)

In each action brought under this section and upon proper motion to the court, the court shall determine whether the anonymity of any woman upon whom an abortion has been performed or induced shall be preserved from public disclosure. Upon a finding that the anonymity of the woman is necessary, the court shall issue appropriate orders to safeguard the woman's identity and shall detail the basis for the finding of the necessity of anonymity. An order denying a motion under this subsection shall be subject to an immediate interlocutory appeal. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or the defendant's counsel.

(k)

No woman upon whom the elective abortion is performed or attempted shall be liable in an action brought under this section.

35
‑
6
‑
403.

Right of intervention.

The legislature, by joint resolution, may appoint one (1) or more individuals who sponsored or cosponsored this act to intervene as a matter of right in any case in which the constitutionality of this article is challenged.

Section 3.

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

1
‑
39
‑
110.

Liability; health care providers.

(a)

A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the medical malpractice of health care providers who are employees of the governmental entity, including contract physicians, physician assistants, nurses, optometrists and dentists who are providing a service for state institutions or county jails, while acting within the scope of their duties.
For purposes of this subsection, medical malpractice includes a violation of W.S. 35
‑
6
‑
401 through 35
‑
6
‑
403.

Section 4
.

This act shall apply to all abortions performed or induced on and after the effective date of this act.

Section 5
.

This act is effective July 1, 2026
.

(END)

1
HB0117