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Chemical, surgical abortion regulations pass on third reading in Senate

The House Chambers at the Wyoming State Capitol Building during the morning session February 15, 2024. Photo by Michael Smith

By Carrie Haderlie
Wyoming Tribune Eagle
Via- Wyoming News Exchange

CHEYENNE — A bill regulating both surgical and chemical abortions in Wyoming has passed the Senate and House on three readings each.

House Bill 148, “Regulation of surgical abortions,” passed in a 24-6 vote, with Sen. Bill Landen, R-Casper, absent. HB 148 requires any surgical abortion facility — and there is only one in Wyoming, Casper’s Wellspring Health Access — and physicians who perform abortions in the state to be licensed. It establishes a criminal penalty of $1,000 for violations, creates civil liability for damages resulting from abortions and instates reporting requirements to the state from facilities. HB 148 also requires that facilities be within 10 miles of an admitting hospital.

The bill was expanded in the House to apply to chemical abortion procedures, as well, mandating that not less than 48 hours before a pregnant woman obtains drugs or substances for a chemical abortion, the physician or pharmacist “shall ensure that the pregnant woman receives an ultrasound in order to determine the gestational age of the unborn child, to determine the location of the pregnancy, to verify a viable intrauterine pregnancy and to provide the pregnant woman the opportunity to view the active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible.”

In a final effort to amend the bill Friday morning, Sen. Chris Rothfuss, D-Laramie, tried to remove the provision requiring the ultrasound occur no less than 48 hours before a woman receives a prescription drug for a chemical

“The intent of the 48 hours, based on my understanding, could be nothing but to create hardship for the woman that is seeking the abortion,” Rothfuss said, adding that it would mandate a “mandatory, forced, transvaginal ultrasound that would happen within the first 12 weeks.”

Sen. Brian Boner, R-Douglas, said that acceptable standard of care includes an ultrasound before performing “any significant surgical procedure, or even a chemical procedure.”

“Especially with the 48-hour requirement, it is important (to determine) if the unborn child has any cardiac activity,” Boner said. “That is the reason for it.”

Sen. Mike Gierau, D-Jackson, and Sen. Cale Case, R-Lander, both expressed concern that legislation like HB 148 would exacerbate an already dire situation in Wyoming, increasing the state’s maternal health care desert as OB-GYNs leave the area.

“Why are we chasing medical providers out of the state? Why are we doing that?” Case asked. “Shouldn’t we be able to have our children be born in Wyoming? … It is not just about the unborn. It is about women, and children, and our children.”

Sen. Dan Dockstader, R-Afton, said that he would speak for those standing “on the side of life” and made reference to his newly born grandchild.

“It is all related to that deep, deep respect for life,” Dockstader said. “Deep down, we know that life has meaning beyond this floor.”

Voting against HB 148 were Sens. Jim Anderson, R-Casper; Fred Baldwin, R-Kemmerer; Case; Gierau; Rothfuss; and Charles Scott, R-Casper.

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