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26LSO-0399
2026
STATE OF WYOMING
26LSO-0399
Numbered
2.0
HOUSE BILL NO. HB0138
Reproductive Freedom Act.
Sponsored by: Representative(s) Yin, Chestek, Posey, Provenza, Sherwood and Storer and Senator(s) Gierau and Rothfuss
A BILL
for
AN ACT relating to abortion; creating the Reproductive Freedom Act; specifying the public policy of the state concerning reproductive rights; prohibiting the state from denying or interfering with a person's right to have an abortion before viability of the fetus or to protect the person's life or health; prohibiting unauthorized abortions; specifying a penalty; providing definitions; repealing conflicting provisions; and providing for an effective date.
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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140 through 35
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6
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149 are created to read:
35
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6
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140.
Short title.
This act shall be known and may be cited as the "Reproductive Freedom Act."
35
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6
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141.
Public policy.
(a)
It is the public policy of the state of Wyoming that:
(i)
Every person has the right to freedom from governmental interference with respect to personal reproductive decisions;
(ii)
Every person has the right to choose or refuse birth control;
(iii)
Every person has the right to choose or refuse to have an abortion, except as specifically limited by this act;
(iv)
The state shall not deny or interfere with a person's right to choose or refuse to have an abortion, except as specifically permitted by this act;
(v)
The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services or information.
35
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6
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142.
Definitions.
(a)
As used in this act:
(i)
"
Abortion" means any medical treatment, medication or procedure intended to induce the termination of a pregnancy, except for the purpose of producing a live birth;
(ii)
"Advanced practice registered nurse" means as defined by W.S. 33
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21
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120(a)(i);
(iii)
"Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession;
(iv)
"Physician" means a person licensed to practice medicine as a physician under the Medical Practice Act;
(v)
"Physician assistant" means a person licensed to practice medicine as a physician assistant under the Medical Practice Act;
(vi)
"Pregnancy" means the reproductive process beginning with the implantation of an embryo in a uterus;
(vii)
"Private medical facility" means any medical facility that is not owned or operated by the state;
(viii)
"State" means the state of Wyoming and any authority, board, commission, department, division or separate operating agency of the executive, legislative or judicial branch of the state of Wyoming, including its political subdivisions and instrumentalities;
(ix)
"Viability" means the point in the pregnancy when, in the judgment of the physician, physician assistant, advanced practice registered nurse or other health care provider acting within the provider's scope of practice on the particular facts of the case before the physician, physician assistant, advanced practice registered nurse or other health care provider acting within the health care provider's scope of practice, there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures;
(x)
"This act" means W.S. 35
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6
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140 through 35
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6
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149.
35
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6
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143.
Right to have and provide an abortion.
(a)
The state shall not deny or interfere with a person's right to have an abortion:
(i)
Prior to the viability of the fetus; or
(ii)
To protect the person's life or health.
(b)
A physician, physician assistant, advanced practice registered nurse or other health care provider acting within the provider's scope of practice may terminate a pregnancy as permitted by this act.
(c)
A health care provider may assist a physician, physician assistant, advanced practice registered nurse or other health care provider acting within the health care provider's scope of practice in terminating a pregnancy as permitted by this act.
35
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6
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144.
Unauthorized abortions; penalty.
(a)
Unless otherwise authorized by this act, any person who provides medical treatment, provides medication or performs a procedure intended to induce the termination of a pregnancy shall be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine not to exceed five thousand dollars ($5,000.00), or both.
(b)
Except as provided in subsection (a) of this section, the state shall not penalize, prosecute or otherwise take adverse action against a person for aiding or assisting a person seeking an abortion in exercising the person's right to have an abortion under this act.
(c)
Nothing in this act shall be construed to subject a person upon whom any abortion is performed or attempted to any criminal penalty under this act.
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6
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145.
Defense to prosecution.
The good faith judgment of a physician, physician assistant, advanced practice registered nurse or other health care provider acting within the provider's scope of practice as to the viability of the fetus or as to the risk to the life or health of a person seeking an abortion shall be a complete defense in any proceeding for a violation of this act.
35
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6
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146.
State regulation.
(a)
Any regulation promulgated by the state relating to abortion shall be valid only if:
(i)
The regulation is medically necessary to protect the life or health of the person seeking an abortion;
(ii)
The regulation is consistent with established medical practice; and
(iii)
Of the available alternatives, the regulation imposes the least restrictions on the person's right to have an abortion under this act.
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6
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147.
Refusing to participate in an abortion.
(a)
No person or private medical facility shall be required by law or contract to participate in the performance or procurement of an abortion if the person or private medical facility objects to participating in the performance of an abortion.
(b)
No person shall be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the performance or procurement of an abortion.
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6
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148.
State provided benefits.
If the state provides, directly or by contract, maternity care benefits, services or information through any program administered or funded in whole or in part by the state, the state shall also provide persons otherwise eligible for the program with substantially equivalent benefits, services or information to permit them to voluntarily terminate their pregnancies.
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6
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149.
Construction.
This act shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of this act.
Section 2.
W.S. 21
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16
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1801, 35
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6
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120 through 35
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6
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139, 35
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6
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201 through 35
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6
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204, 35
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6
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301 and 35
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6
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302 are repealed.
Section 3.
This act is 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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HB0138