HB0042

Requires licensure of surgical abortion facilities as ambulatory surgical centers and establishes requirements for physicians performing surgical abortions in Wyoming.

• Defines key terms including 'abortion,' 'surgical abortion,' 'surgical abortion facility,' 'pregnancy,' and related medical concepts. Excludes from the definition of abortion certain medical procedures intended to save the life or health of the unborn baby, treat ectopic pregnancy, remove a dead unborn baby, or treat a pregnant woman's life-threatening condition. (W.S. 35-6-201)
• Requires all surgical abortion facilities to be licensed as ambulatory surgical centers under existing state law and comply with department of health rules. Licenses are not transferable or assignable. (W.S. 35-6-202(a)-(c), W.S. 35-2-901 through 35-2-914)
• Requires physicians performing surgical abortions to report each abortion to the department of health, attest they are licensed and in good standing with the state board of medicine, and maintain admitting privileges at a hospital located no more than ten miles from the abortion facility. (W.S. 35-6-202(d))
• Establishes that violation of licensure and reporting requirements is a misdemeanor punishable by a fine not exceeding $1,000, with each calendar day of violation constituting a separate offense. (W.S. 35-6-202(e))
• Requires that all surgical abortions be performed only by physicians licensed in Wyoming. (W.S. 35-6-203(a))
• Makes performing a surgical abortion by a non-licensed physician a felony punishable by imprisonment for not less than one year nor more than fourteen years. (W.S. 35-6-203(b))
• Requires physicians performing surgical abortions to have admitting privileges at a hospital located no more than ten miles from the abortion facility. Violation is a misdemeanor with a $1,000 fine, with each surgical abortion constituting a separate offense. (W.S. 35-6-203(c)-(d))
• Directs the department of health to promulgate rules regulating surgical abortion facilities with standards no less stringent than those for other ambulatory surgical centers, including physical inspections every three years.