HB 117

 2026  26LSO-0445
                           STATE OF WYOMING  ENGROSSED
                           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
1 AN   ACT     relating    to   public    health    and    safety;   providing
2 legislative  findings;     providing       definitions;      requiring
3 informed      consent    be     provided     before   the   procurement    or
4 provision of an abortion; specifying requirements for the
5 provision      of     informed     consent;       specifying     exceptions;
6 authorizing civil actions; specifying remedies; authorizing
7 a    right      of      intervention  as   specified;       specifying
8 applicability; making conforming amendments; and providing
9 for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13Section 1.
14
15(a)    The legislature finds that:
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1
2(i)     Informed consent is foundational to medical
3 treatment decisions. Some informed consent challenges are
4 universal to medicine, while other challenges are specific
5 to the practice of obstetrics and gynecology compared to
6 other specialty areas;
7
8(ii)    It is   essential to the psychological  and
9 physical well-being of a woman considering an abortion that
10 the    woman    receives    complete    and   accurate   information   on
11 abortion and its alternatives;
12
13(iii)    The decision to have an abortion "is an
14 important, and often a stressful one, and it is desirable
15 and imperative that it be made with full knowledge of its
16 nature and consequences." Planned Parenthood v. Danforth,
17 428 U.S. 52, 67 (1976);
18
19(iv)    Adequate   and   legitimate   informed   consent
20 includes information that relates "to the consequences to
21 the fetus." Planned Parenthood v. Casey, 505 U.S. 833, 882
22 (1992), overruled by Dobbs v. Jackson Women's Health Org.,
23 597 U.S. 215, 231, 302 (2022);
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1
2(v)     A patient cannot agree to medical treatment
3 unless the patient is competent, adequately informed and
4 not coerced into giving informed consent;
5
6(vi)    Many     women        are     coerced     into      having
7 abortions.      A     2017    study   on   women's     abortion       experiences
8 reported that seventy-three and eight‑tenths percent (73.8%)
9 of women said that they "disagreed that their decision to
10 abort    was    entirely       free   from    even    subtle     pressure      from
11 others    to    abort."       Priscilla      Coleman    et     al.,    Women    Who
12 Suffered Emotionally from Abortion: A Qualitative Synthesis
13 of their Experiences, 22 J. Am. Physicians & Surgeons 113,
14 115 (2017);
15
16(vii)    A    2023     national     study     found     that    over
17 sixty percent (60%) of women who had abortions reported
18 experiencing high levels of pressure to abort from one (1)
19 or   more      sources.      David    C.   Reardon     et    al.,     Effects   of
20 Pressure to Abort on Women's Emotional Responses and Mental
21 Health, Cureus (Jan. 31, 2023).
22
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1(b)    It is the purpose of this act to ensure that a
2 woman   who    is   harmed    by    the    performance     of    an    elective
3 abortion may bring a civil action against any person who
4 performs the abortion in situations where the harm was due
5 to negligent, reckless or intentional conduct, voluntary
6 informed     written     consent    was    not   given   or      the   abortion
7 provider     knew   or   should     have    known   that    the       interested
8 party    was    coerced      into   the     abortion.      The    legislature
9 declares that women deserve the right to seek and recover
10 damages from the person who performed an abortion in these
11 circumstances that resulted in harm to the woman.
12
13Section 2.      W.S. 35-6-401 through 35-6-403 are created
14 to read:
15
1635-6-401.    Definitions.
17
18(a)    As used in this article:
19
20(i)   "Abortion-inducing        drug"    means      a    medicine,
21 drug or other substance prescribed or dispensed with the
22 intent of terminating the clinically diagnosable pregnancy
23 of a woman, with knowledge that the termination will, with
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1 reasonable likelihood, cause the death of the unborn child.
2 "Abortion-inducing drug":
3
4(A)    Includes  the   off-label      use    of    drugs
5 known     to     have     abortion-inducing  properties      that        are
6 prescribed or dispensed:
7
8(I)    Specifically  with   the     intent      of
9 causing    an    abortion,       including        mifepristone,      misoprostol
10 and methotrexate;
11
12(II)    Without a diagnosed pregnancy for
13 the    purpose    of    causing    an       abortion    at some future date
14 rather than contemporaneously with a clinically diagnosed
15 pregnancy.
16
17(B)    Shall    not       include    drugs    that       may   be
18 known to cause an abortion but are prescribed for other
19 medical indications, provided that the medical indication
20 is clearly indicated on the prescription.
21
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1(ii)    "Abuser" means any person who attempts to,
2 conspires to or successfully coerces or forces a woman to
3 have an abortion;
4
5(iii)    "Chemical abortion" means the act of using
6 or prescribing any abortion-inducing drug with the intent
7 to terminate the pregnancy of a woman known or believed to
8 be pregnant with knowledge that the termination by those
9 means will, with reasonable likelihood, cause the death of
10 the    unborn     child.    The   use   or    prescription   of   an
11 abortion-inducing drug is not a chemical abortion if the
12 use or prescription is provided with the intent to:
13
14(A)   Save the life or preserve the health of
15 the unborn child;
16
17(B)   Remove a dead unborn child whose death
18 was caused by a miscarriage or stillbirth;
19
20(C)   Remove an ectopic pregnancy;
21
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1(D)   Treat a maternal disease or illness for
2 which the prescribed drug is medically indicated without
3 the intent to terminate the pregnancy; or
4
5(E)   Address a medical emergency.
6
7(iv)    "Coercing     an      abortion"      or        "forcing    an
8 abortion"     means    a   person     who    knows   of    or    suspects       the
9 pregnancy of a woman and engages or conspires with another
10 to engage in any one (1) or more of the following conduct
11 with the intent or purpose to cause or direct the pregnant
12 woman    to   have    an     abortion,      regardless     of        whether    the
13 abortion has been attempted or completed:
14
15(A)   Committing,       attempting  to     commit    or
16 threatening to commit physical harm to the woman, unborn
17 child or another person;
18
19(B)   Holding,  attempting      to  hold      or
20 threatening     to    hold    in   confinement       the   woman       or   unborn
21 child;
22
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1(C)   Committing,       attempting        to    commit       or
2 threatening to commit against the woman any act prohibited
3 by the laws of this state;
4
5(D)   Revoking,       attempting  to     revoke       or
6 threatening to revoke a scholarship awarded to the woman by
7 a public or private institution of higher education;
8
9(E)   Discharging, attempting to discharge or
10 threatening to discharge the woman or another person or
11 changing, attempting to change or threatening to change the
12 woman's or another person's compensation, terms, conditions
13 or privileges of employment;
14
15(F)   Denying,        attempting  to  deny     or
16 threatening    to    deny    any    social       assistance       for    which    a
17 pregnant    woman    or   another       person    has    applied,       has    been
18 approved for or has been receiving for which the woman or
19 the other person is otherwise eligible;
20
21(G)   Denying,       removing       or   threatening  to
22 deny   or   remove    financial  support    or    housing        from   the
23 pregnant woman or a dependent of the pregnant woman;
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1
2(H)   Any other action intended to cause the
3 pregnant woman to have an abortion.
4
5(v)  "Coercion" means an action with purpose to
6 restrict    a       pregnant     woman's       freedom    of    action     to   her
7 detriment      by    engaging        in   conduct    specified     in    paragraph
8 (iv) of this subsection;
9
10(vi)  "Complication"       means    any    adverse   physical
11 or psychological condition arising from the performance of
12 an     abortion      that      the    board     of     medicine    may     define,
13 including but not limited to uterine perforation, cervical
14 perforation, infection, bleeding, hemorrhage, blood clots,
15 a    failure        to     actually       terminate      the    pregnancy,      the
16 retention      of    tissue      from     an   incomplete      abortion,   pelvic
17 inflammatory  disease,  endometritis,        missed      ectopic
18 pregnancy,        cardiac        arrest,       respiratory       arrest,     renal
19 failure,       metabolic  disorder,       shock,        embolism,     coma,
20 placenta previa in subsequent pregnancies, preterm birth in
21 subsequent pregnancies, free fluid in the abdomen, adverse
22 reactions to anesthesia and other drugs, any psychological
23 or emotional complications and any other adverse event as
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1 defined   by    the     federal     food       and    drug   administration
2 criteria provided in the MedWatch reporting system;
3
4(vii)        "Elective    abortion" means the  use of     an
5 instrument, medicine, drug or other substance or device,
6 including a chemical abortion, with the intent to terminate
7 the pregnancy of a woman known or believed to be pregnant.
8 "Elective abortion" shall not include medical procedures
9 performed to resolve a miscarriage, ectopic pregnancy or a
10 medical emergency;
11
12(viii)        "Fertilization" means the fecundation of
13 the ovum by the spermatozoa;
14
15(ix)        "Harm"    means    any     complication,     loss    of
16 consortium     with    the     unborn   child    or   any    financial    loss
17 associated with an elective abortion or complication;
18
19(x)     "Informed consent" means, except in the case
20 of a medical emergency:
21
22(A)     The pregnant woman receives:
23
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1(I)    A written statement including:
2
3(1)    The name of the physician who
4 will perform the elective abortion;
5
6(2)    Medically  accurate
7 information    that     a    reasonable        patient     would     consider
8 material to the decision of whether to undergo the elective
9 abortion, including:
10
11a.   Whether the       pregnancy is
12 ectopic or molar;
13
14b.   A     description  of   the
15 proposed abortion method;
16
17c.   The  immediate        and
18 long-term     medical   risks     associated       with      the     proposed
19 abortion method, including any potential complications;
20
21d.   Alternatives  to     the
22 abortion, including adoption and parenting.
23
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1(3)    The   unborn   child's   probable
2 gestational age at the time the elective abortion is to be
3 performed;
4
5(4)    The   unborn   child's   probable
6 anatomical and    physiological characteristics  at the   time
7 the abortion is to be performed;
8
9(5)    The medical     risks associated
10 with carrying the child to term; and
11
12(6)    Any   need   for   anti-Rh   immune
13 globulin therapy if the pregnant woman is Rh negative, the
14 likely consequences for refusing the therapy and the cost
15 of the therapy.
16
17(II)    A written explanation that:
18
19(1)    The pregnant woman is free to
20 withhold or withdraw her consent to the abortion at any
21 time without affecting:
22
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1a.     The  pregnant  woman's
2 right to future care and treatment; or
3
4b.     The       status       of    any    state
5 or federally funded benefits to which the pregnant woman
6 may otherwise be entitled.
7
8(2)     It     is        against      the    law       for
9 anyone,   regardless   of    that    person's  relationship  to   the
10 pregnant woman, to force or coerce the pregnant woman to
11 have an elective abortion; and
12
13(3)     No     payment  was    required  or
14 obtained for a service provided in relation to the elective
15 abortion until the elective abortion was performed.
16
17(B)    In    the     case        of     an    abortion  being
18 performed or induced utilizing abortion-inducing drugs, the
19 pregnant woman also receives a written statement of the
20 following:
21
22(I)   That     mifepristone  alone      is       not
23 always effective in ending a pregnancy;
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1
2(II)    If after taking mifepristone the
3 pregnant woman regrets her decision, she should consult a
4 physician or health care provider immediately to determine
5 if there are options available to assist her in continuing
6 her pregnancy but that time is of the essence.
7
8(C)   Not later than twenty-four (24) hours
9 before the performance or induction of an elective abortion
10 and after the pregnant woman has been provided all of the
11 information     required      under    this   paragraph,   the   pregnant
12 woman provides her informed written consent to the elective
13 abortion.
14
15(xi)    "Interested party" means a woman upon whom
16 an elective abortion is performed or attempted or, in the
17 case of the woman's:
18
19(A)   Death,       the   woman's   spouse,    personal
20 representative or, if unmarried, the biological father of
21 the    unborn   child    or     the    woman's   parent    or    guardian,
22 provided that no person found to be an abuser shall be an
23 interested party;
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1
2(B)    Incapacity, as determined by a court,
3 the woman's court-appointed guardian.
4
5(xii)    "Liquidated  remedial       damages"  means
6 damages that represent a minimum compensatory floor for the
7 inherent     psychological,  physical  and     dignitary  harms
8 resulting from a violation of informed consent under this
9 article;
10
11(xiii)       "Medical    emergency"  means        a    condition
12 that, based on the physician's reasonable medical judgment,
13 so complicates a pregnant woman's medical condition as to
14 necessitate    the     separation  of    the   woman      and       her   unborn
15 child   to     avert       the   woman's  death     or     to        avert    a
16 delay-induced serious risk of substantial and irreversible
17 impairment of a major bodily function;
18
19(xiv)    "Physician"  means       a   person       licensed      to
20 practice medicine in this state;
21
22(xv)     "Pregnant" means the condition of a woman
23 carrying a fetus or embryo within her body;
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1
2(xvi)       "Reasonable     medical      judgment"  means    a
3 medical judgment that would be made by a reasonably prudent
4 physician     who    is    knowledgeable      about    the       case   and     the
5 treatment     possibilities  with    respect        to     the     medical
6 conditions involved;
7
8(xvii)       "Unborn    child"       means      an     individual
9 organism     of    the    species   homo    sapiens    from      fertilization
10 until live birth.
11
1235-6-402.      Elective       abortions;        civil        liability;
13 requirements.
14
15(a)   Any    interested      party   may    bring     a    civil   action
16 against any person who performs an elective abortion where
17 the interested party was harmed by the performance of an
18 elective abortion, and the pregnant woman:
19
20(i)     Did not voluntarily provide informed written
21 consent to the elective abortion;
22
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1(ii)    Was     coerced      or    forced    into     an    elective
2 abortion,     and     the     person      who    performed        the    elective
3 abortion knew or should have known of the coercion; or
4
5(iii)    Was     harmed      as    a   result    of        negligent,
6 reckless     or     intentional        conduct      associated  with   the
7 provision or induction of the elective abortion.
8
9(b)   Upon prevailing in an action under subsection (a)
10 of   this    section,       the   court    shall    award     the       interested
11 party:
12
13(i)     Liquidated remedial damages of not less than
14 twenty-five thousand dollars ($25,000.00) for each claim
15 brought by the interested party in which the interested
16 party prevailed;
17
18(ii)    Any compensatory damages determined by the
19 finder of fact and deemed reasonable by the court;
20
21(iii)    Costs and reasonable attorney fees.
22
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1(c)   Notwithstanding subsection (b) of this section,
2 no damages shall be awarded in an action under this section
3 if the defendant demonstrates that the defendant previously
4 paid the full amount of liquidated remedial damages under
5 paragraph (b)(i) of this section in a previous action for
6 that elective abortion.
7
8(d)   Nothing    in     this    act     shall   be      construed    to
9 preclude or prohibit an interested party from:
10
11(i)    Bringing additional civil actions or claims
12 arising out of the same or similar circumstances that are
13 the basis for an action under this section;
14
15(ii)   Being     awarded    damages       under     a    separate
16 cause of action or claim brought in accordance with law.
17
18(e)   Notwithstanding      W.S.       1-3-105(a),    an       interested
19 party may bring an action under this section not later than
20 five (5) years after the date the cause of action accrues.
21
22(f)   The following shall not be a defense to an action
23 brought under this section:
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1
2(i)     Ignorance or mistake of law;
3
4(ii)    A defendant's belief that the requirements
5 of     this  article     are        unconstitutional  or     were
6 unconstitutional;
7
8(iii)     A   defendant's       reliance    on     any    state    or
9 federal court decision that is not binding on the court in
10 which the action is brought;
11
12(iv)    Nonmutual       issue      preclusion      or    nonmutual
13 claim preclusion; or
14
15(v)     Any   claim     that    the      enforcement      of    this
16 article or the imposition of civil liability against the
17 defendant will violate the constitutional rights of third
18 parties.
19
20(g)    This    section    shall     not    be   construed       to    impose
21 liability on any speech or conduct protected by the first
22 amendment to the United States constitution or article 1,
23 section 20 of the Wyoming constitution.
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1
2(h)    No court shall award attorney fees or costs to a
3 defendant in an action brought under this section.
4
5(j)    In    each    action    brought     under      this    section     and
6 upon proper motion to the court, the court shall determine
7 whether the anonymity of any woman upon whom an abortion
8 has    been   performed       or     induced    shall       be    preserved      from
9 public disclosure. Upon a finding that the anonymity of the
10 woman    is   necessary,       the     court      shall      issue    appropriate
11 orders to safeguard the woman's identity and shall detail
12 the basis for the finding of the necessity of anonymity. An
13 order    denying      a    motion     under    this    subsection        shall     be
14 subject to an immediate interlocutory appeal. This section
15 shall   not    be    construed       to    conceal     the       identity   of   the
16 plaintiff      or    of     witnesses      from      the     defendant      or   the
17 defendant's counsel.
18
19(k)    No    woman    upon     whom     the    elective       abortion      is
20 performed or attempted shall be liable in an action brought
21 under this section.
22
2335-6-403.      Right of intervention.
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1
2 The legislature, by joint resolution, may appoint one (1)
3 or more individuals who sponsored or cosponsored this act
4 to intervene as a matter of right in any case in which the
5 constitutionality of this article is challenged.
6
7Section 3.      W.S. 1-39-110(a) is amended to read:
8
91-39-110.      Liability; health care providers.
10
11(a)    A    governmental      entity    is     liable     for   damages
12 resulting from bodily injury, wrongful death or property
13 damage caused by the medical malpractice of health care
14 providers     who    are     employees    of   the    governmental     entity,
15 including  contract     physicians,       physician        assistants,
16 nurses,      optometrists      and   dentists        who   are    providing   a
17 service      for    state    institutions      or     county     jails,   while
18 acting within the scope of their duties. For purposes of
19 this subsection, medical malpractice includes a violation
20 of W.S. 35-6-401 through 35-6-403.
21
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1Section   4.   This   act    shall   apply   to   all   abortions
2 performed or induced on and after the effective date of
3 this act.
4
5Section 5.     This act is effective July 1, 2026.
6
7(END)
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