HB 126

ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
AN ACT relating to public health and safety; providing
legislative findings; specifying requirements associated
with the termination of pregnancies; prohibiting procedures
that terminate the life of a child with a detectable
heartbeat;   specifying  exceptions   to   the  prohibition;
specifying    penalties;  providing    definitions;   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) In State v. Johnson, 2026 WY 1, the Wyoming
supreme court interpreted article 1, section 38 of the
Wyoming constitution to include a right to make health care
decisions but acknowledged the legislature's authority
under article 1, section 38(c) of the Wyoming constitution
to enact reasonable and necessary restrictions to protect
the general welfare of the people;
          (ii) Article   1, section 2 of the Wyoming
constitution recognizes that all members of the human race
have an equal right to life. Unborn children are members of
the human race. The general welfare of the state of Wyoming
and its people necessarily includes the preservation of
life. In State v. Johnson, 2026 WY 1, the Wyoming supreme
court acknowledged that the state has an interest "in
protecting the life that an abortion would end." The
legislature finds that a right to life is the most
fundamental of all rights, and the state has a compelling
interest in protecting that life;
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (iii) Protecting the general welfare of the
state of Wyoming and its people necessarily includes the
obligation of the state to act in parens patriae,
protecting those who cannot protect themselves. The state
has a compelling interest in protecting the life of unborn
members of the human race who cannot protect themselves;
          (iv) Protecting the general welfare of the state
of Wyoming and its people necessarily includes the
obligation to support and encourage childbirth as an
essential element in the future stability of our societal
and economic structures. The state asserts a compelling
interest in providing for the state's future population and
societal and economic security by promoting childbirth;
          (v) Medical evidence shows a fetal heartbeat is
a key indicator that an unborn child is alive and will
reach live birth. The state has a compelling interest,
beginning at least at the time a fetal heartbeat is
detected, in protecting the life of the unborn child.
     (b) Acting under the specific authority to determine
reasonable and necessary restrictions on the right of
health care access to protect the health and general
welfare of the people granted in article 1, section 38(c)
of the Wyoming constitution, the purpose of this act is to
restrict abortion procedures on unborn children with
detectable heartbeats.
     Section 2.   W.S. 35-6-401 through 35-6-404 are created
to read:
                         ARTICLE 4
       PROTECTION OF UNBORN CHILDREN WITH HEARTBEATS
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
    35-6-401.     Definitions.
    (a)   As used in this article:
          (i) "Detectable fetal heartbeat" means cardiac
activity or the steady and repetitive rhythmic contraction
of the fetal heart within the gestational sac that is
detectable using standard medical equipment;
          (ii) "Medical emergency" means a condition that,
in reasonable medical judgment, so complicates the medical
condition of the pregnant woman as to necessitate the
immediate termination of her pregnancy to avert the woman's
death or for which a delay will create a serious risk of
substantial and irreversible impairment of a major bodily
function of the woman;
          (iii) "Termination of pregnancy" means the use
of any instrument, medicine, drug or other substance or
device with the intent to terminate the pregnancy of a
woman known to be pregnant, with an intention other than to
increase the probability of a live birth, to preserve the
life or health of the child after live birth or to remove a
dead unborn child.
     35-6-402.    Determination of detectable fetal heartbeat
required.
     (a) Except in the case of a medical emergency, no
person shall perform, induce, attempt to perform or attempt
to induce a termination of a pregnancy unless the person
has first made a determination of whether the unborn child
has a detectable fetal heartbeat.
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     (b) The determination of whether an unborn child has
a detectable fetal heartbeat shall be made using standard
medical practices and techniques, including ultrasound
measurement if necessary.
     35-6-403. Prohibition    of  terminations  of     unborn
children with detectable fetal heartbeats.
     (a) Except as provided in subsection (b) of this
section, no person shall perform, induce, attempt to
perform or attempt to induce a termination of pregnancy if:
          (i)   The   unborn   child   has   a   detectable   fetal
heartbeat; or
          (ii) The person fails or has failed to make the
determination of whether the unborn child has a detectable
fetal heartbeat under W.S. 35-6-402.
     (b) The restriction in subsection (a) of this section
shall not apply if, in reasonable medical judgment, a
medical emergency exists. If a medical emergency exists, a
licensed physician may terminate the pregnancy, provided
that the termination of the pregnancy shall be in the
manner that provides the best opportunity for the unborn
child to survive, unless that manner would pose a greater
risk of death or substantial and irreversible physical
impairment to the pregnant woman.
    35-6-404.     Penalties; sanctions.
     (a) Any  person   who  intentionally or knowingly
violates this article shall be guilty of a felony
punishable by imprisonment for not more than five (5)
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ORIGINAL HOUSE  ENGROSSED
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       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
years, a fine of not     more   than   ten   thousand    dollars
($10,000.00), or both.
     (b) A    violation   of    this   article constitutes
unprofessional conduct and shall result in the mandatory
revocation of the person's professional license by the
appropriate licensing board in this state.
     Section   3. W.S.    33-21-146  by   creating  a   new
subsection (c), 33-24-122 by creating a new subsection (d),
33-26-402 by creating a new subsection (c) and 33-26-508 by
creating a new subsection (e) are amended to read:
     33-21-146. Disciplining    licensees    and   certificate
holders; grounds.
     (c) The board of nursing shall revoke the license,
certificate or temporary permit of any person if the person
is convicted of violating any provision of W.S. 35-6-401
through 35-6-404.
     33-24-122. Revocation or suspension of license and
registration; letter of admonition; summary suspension;
administrative penalties; probation; grounds.
     (d) The board of pharmacy shall revoke the license
and registration of any pharmacist if the person is
convicted of violating any provision of W.S. 35-6-401
through 35-6-404.
     33-26-402. Grounds    for   suspension;    revocation;
restriction; imposition of conditions; refusal to renew or
other disciplinary action.
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     (c) The board shall revoke the license of any
physician if the physician is convicted of violating any
provision of W.S. 35-6-401 through 35-6-404.
     33-26-508. Suspension,      restriction,    revocation     or
nonrenewal of license.
     (e) The board shall revoke the license of any
physician assistant if the physician assistant is convicted
of violating any provision of W.S. 35-6-401 through
35-6-404.
     Section 4. W.S. 35-6-501 through 35-6-510 are created
to read:
                         ARTICLE 5
           ABORTION REGULATIONS AND RESTRICTIONS
    35-6-501.     Definitions.
     (a) As used in      this    article,   unless   the   context
otherwise requires:
          (i) "Abortion" means an act, procedure, device
or prescription administered to or prescribed for a
pregnant woman by any person with knowledge of the
pregnancy, including the pregnant woman herself, with the
intent of producing the premature expulsion, removal or
termination of a human embryo or fetus, except that in
cases in which the viability of the embryo or fetus is
threatened by continuation of the pregnancy, early delivery
after viability by commonly accepted obstetrical practices
shall not be construed as an abortion;
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (ii) "Accepted    medical   procedures"   means
procedures of the type and performed in a manner and in a
facility that is equipped with surgical, anesthetic,
resuscitation and laboratory equipment sufficient to meet
the standards of medical care that physicians engaged in
the same or similar lines of work in the community would
ordinarily exercise and devote to the benefit of their
patients;
          (iii) "Conception" means the fecundation of the
ovum by the spermatozoa;
          (iv) "Hospital"     means    those    institutions
licensed by the state department of health as hospitals;
          (v) "Minor" means a pregnant woman under the age
of eighteen (18), but does not include any woman who:
               (A)   Is legally married;
               (B) Has     received    a    declaration   of
emancipation under W.S. 14-1-203;
               (C)   Is in active military service; or
               (D) Has lived apart from her parents or
guardian, has been financially independent and has managed
her own affairs for at least six (6) months prior to a
proposed abortion.
          (vi) "Parents" means both parents of a minor if
they are both living, or one (1) parent of the minor if
only one (1) parent of the minor is living or if the second
parent does not have custody of the minor or cannot be
located through a reasonably diligent effort;
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (vii) "Physician" means any person licensed to
practice medicine in this state;
          (viii) "Pregnant" means that condition of a
woman who has a human embryo or fetus within her as the
result of conception;
          (ix) "Viability" means that state of human
development when the embryo or fetus is able to live by
natural or life-supportive systems outside the womb of the
mother, according to appropriate medical judgment;
         (x)    "Woman" means any female person.
     (b) The singular, where used in  this article,
includes the plural, the plural includes the singular and
the masculine gender includes the feminine or neuter
genders, when consistent with the intent of this article
and when necessary to effectuate its purpose.
    35-6-502.     No abortion after viability; exception.
An abortion shall not be performed after the embryo or
fetus has reached viability, except when necessary to
preserve   the   woman   from an   imminent  peril   that
substantially endangers her life or health, according to
appropriate medical judgment.
    35-6-503.     Viability not affected by abortion.
A physician who performs an abortion procedure employed
pursuant to W.S. 35-6-502 shall not intentionally terminate
the viability of the unborn infant prior to, during or
following the procedure.
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
    35-6-504.     Means of treatment for viable abortion.
The commonly accepted means of care that would be rendered
to any other infant born alive shall be employed in the
treatment of any viable infant who survives an abortion or
attempted abortion. Any physician performing an abortion
shall take medically appropriate and reasonable steps to
preserve the life and health of an infant born alive.
     35-6-505. Penalty    for   violation   of   W.S.   35-6-502,
35-6-503 or 35-6-504.
Any physician or other person who violates any provision of
W.S. 35-6-502, 35-6-503 or 35-6-504 is guilty of a felony
punishable by imprisonment in the penitentiary for not more
than fourteen (14) years.
     35-6-506. Penalty for a person other than a physician
to perform abortion.
Any person other than a licensed physician who performs an
abortion is guilty of a felony punishable by imprisonment
in the penitentiary for not less than one (1) year and not
more than fourteen (14) years.
     35-6-507.    Procedure governing abortion performed upon
minor.
     (a) An abortion shall not be performed upon a minor
unless at least one (1) of the minor's parents or her
guardian are notified in writing at least forty-eight (48)
hours before the abortion, and the attending physician has
obtained the written consent of the minor and at least one
(1) parent or guardian of the minor, unless:
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (i) The minor, in a closed hearing, is granted
the right to self-consent to an abortion by court order
pursuant to subparagraph (b)(v)(B) of this section and the
attending physician receives a certified copy of the court
order and the written consent of the minor; or
          (ii) The abortion is authorized by court order
pursuant to subparagraph (b)(v)(C) of this section and the
attending physician receives a certified copy of the court
order.
     (b) A juvenile court of competent jurisdiction may
grant the right of a minor to self-consent to an abortion
or may authorize an abortion upon a minor, in accordance
with the following procedure:
          (i) The minor shall apply to the juvenile court
for assistance, either in person or through an adult of the
minor's choice. The court shall assist the minor in
preparing the petition and notices required under this
section;
          (ii) Notwithstanding W.S. 14-6-212, the minor or
an adult of the minor's choice shall file a petition with
the court, signed by the minor and setting forth:
               (A) The   initials   of   the   minor   and   the
minor's date of birth;
               (B) The names and addresses, if known, of
the minor's parents, guardian, custodian or, if the minor's
parents are deceased and a guardian or custodian has not
been appointed, any other person standing in loco parentis
of the minor;
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
         ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
         SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                      2026 BUDGET SESSION
                 (C) That the minor has been informed by her
treating    physician of the risks and consequences of an
abortion;
               (D) That the minor is mature and wishes to
have an abortion; and
               (E) Facts indicating why an abortion is in
the best interest of the minor.
          (iii) The court may appoint a guardian ad litem
of the minor and may appoint legal counsel for the minor;
          (iv) Not later than five (5) days after the
petition is filed under paragraph (ii) of this subsection,
a hearing on the merits of the petition shall be held on
the record. Any appointed counsel shall be appointed and
notified by the court at least forty-eight (48) hours
before the time set for the hearing. At the hearing, the
court shall hear evidence relating to:
                 (A)   The maturity and understanding of the
minor;
              (B) The nature of the abortion, risks and
consequences of the abortion and alternatives to the
abortion; and
               (C) Whether     an    abortion   is   in   the   best
interest of the minor.
          (v) In its order, which shall be issued not
later than twenty-four (24) hours from the conclusion of
the hearing, the court shall enter findings of fact and
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
conclusions of law, order the record of the hearing sealed
and shall:
               (A) Deny the petition, setting     forth    the
grounds on which the petition is denied;
               (B) Grant    the    minor  the    right   to
self-consent to the abortion, based upon a finding by clear
and convincing evidence that the minor is sufficiently
mature and adequately informed to make her own decision, in
consultation with her physician, independently of the
wishes of her parent or guardian; or
               (C) Authorize the abortion based upon a
finding by clear and convincing evidence that the abortion
is in the best interest of the minor.
          (vi) Any order entered under paragraph (v) of
this subsection may be appealed to the supreme court in
accordance with the Wyoming Rules of Appellate Procedure.
Notwithstanding W.S. 14-6-233, the supreme court shall, by
rule, provide for expedited appellate review of appeals
under this paragraph.
     (c) This section shall not apply in an emergency
medical situation when, to a reasonable degree of medical
probability, the attending physician determines that an
abortion is necessary to preserve the minor from an
imminent peril that substantially endangers her life, and
so certifies in the minor's medical record.
     (d) The written notifications    required   under    this
section shall be delivered:
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (i) Personally by the minor, attending physician
or an agent; or
          (ii) By certified mail addressed to the parent
at the usual place of abode of the parent with return
receipt requested and restricted delivery to the addressee.
     (e) No parent, guardian or spouse shall require  a
minor to submit to an abortion against her wishes.
     (f) Any physician or other person who knowingly
performs an abortion on a minor in violation of this
section is guilty of a misdemeanor punishable by a fine of
not   more   than   one    thousand   dollars   ($1,000.00),
imprisonment for not more than one (1) year, or both.
     35-6-508.    Information    provided        to       patient;
exceptions.
     (a) Except in a case of medical emergency, the
physician performing the abortion on the patient, the
referring physician or a person designated by either
physician shall inform the patient of the opportunity to
view an active ultrasound of the unborn child and hear the
heartbeat of the unborn child if the heartbeat is audible.
The active ultrasound image and auscultation of the fetal
heart tone shall be of a quality consistent with standard
medical practice in the community.
     (b) This section shall      not   apply   to     a   procedure
performed with the intent to:
          (i)    Save the life of the patient;
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ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0126
       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (ii) Ameliorate a serious risk of causing the
patient substantial and irreversible impairment of a major
bodily function;
         (iii)    Preserve the health of the unborn child;
         (iv)     Remove a dead unborn child; or
         (v)     Remove an ectopic pregnancy.
    35-6-509.     Applicability; intent.
     (a) It is the intent of the legislature that, subject
to W.S. 35-6-510:
          (i) The abortion regulations that existed in
Wyoming before the United States supreme court's decision
in Dobbs v. Jackson Women's Health Organization, 597 U.S.
2015 (2022) be in effect;
          (ii) In light of the Wyoming supreme court's
decision in State v. Johnson, 2026 WY 1, the abortion
regulations that existed before the enactment of the Life
is a Human Right Act be in effect so that abortion in
Wyoming is regulated as it was before the United States
Supreme Court's decision in Dobbs and the enactment of the
Life is a Human Right Act and any subsequent enacted law
regulating abortion in the state.
    35-6-510. Whether article is effective.
     (a) This article shall be effective only if a court
has enjoined the enforcement or applicability of W.S.
35-6-401 through 35-6-404 or has held that W.S. 35-6-401
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ORIGINAL HOUSE  ENGROSSED
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       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
through 35-6-404 violates the Wyoming constitution or the
United States constitution.
     (b) The attorney general shall review the decisions of
any court that challenges W.S. 35-6-401 through 35-6-404 to
determine whether W.S. 35-6-401 through 35-6-404 are
enforceable. If the attorney general determines that W.S.
35-6-401 through 35-6-404 are not enforceable or cannot
take effect, the attorney general shall, within thirty (30)
days of the date of the decision, report that fact to the
governor, the joint judiciary interim committee and the
governor, who may certify the effectiveness of this article
to the secretary of state.
     (c) After receiving certification from the governor
that this article is effective, the secretary of state
shall report that fact to the management council of the
legislature, the joint judiciary interim committee and the
Wyoming state board of medicine and shall immediately
publish the effective date of this article on the website
of the secretary of state, which effective date shall be
five (5) days after the secretary of state receives
certification under subsection (b) of this section.
     (d) To the extent that W.S. 35-6-401 through 35-6-404
are   enjoined   but   later   determined   to   be  legal,
constitutional or enforceable after this article has taken
effect, the provisions of W.S. 35-6-401 through 35-6-404
shall control and take precedence over this article.
     Section 5. W.S. 5-8-102(a) by creating a new paragraph
(vii) is amended to read:
    5-8-102.   Jurisdiction.
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ORIGINAL HOUSE  ENGROSSED
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       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     (a) The juvenile court has general jurisdiction in
all   matters   and proceedings  commenced   therein or
transferred   to it  by  order  of the   district court
concerning:
          (vii) Procedures governing abortions performed
on minors as provided under W.S. 35-6-507, subject to W.S
35-6-510. For proceedings under this paragraph, "minor"
shall mean as defined in W.S. 35-6-501(a)(v).
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ORIGINAL HOUSE  ENGROSSED
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       ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     Section 6. 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)
Speaker of the House  President of the Senate
                           Governor
                  TIME APPROVED: _________
                  DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
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