HB0117

Requires informed written consent before abortion procedures and establishes civil liability for abortion providers who fail to obtain consent, perform abortions on coerced women, or act negligently.

• Establishes legislative findings that informed consent is foundational to medical treatment, that complete information is essential for women considering abortion, and that coercion in abortion decisions is a documented concern. (Section 1(a))
• Defines key terms including abortion-inducing drugs, chemical abortion, coercion, elective abortion, and complications, with exceptions for drugs prescribed for other medical indications and procedures addressing medical emergencies. (W.S. 35-6-401)
• Requires that informed consent include a written statement with the performing physician's name, medically accurate information about risks and alternatives, fetal characteristics, and anti-Rh therapy information. (W.S. 35-6-401(a)(x)(A)(I))
• Requires written explanation that the woman can withdraw consent without affecting future care or benefits, that coercion is illegal, and that no payment is required until after the abortion is performed. (W.S. 35-6-401(a)(x)(A)(II))
• For medication abortions, requires written statement that mifepristone alone may not be effective and that the woman should consult a physician immediately if she regrets her decision. (W.S. 35-6-401(a)(x)(B))
• Requires informed written consent to be provided at least 24 hours before the abortion procedure. (W.S. 35-6-401(a)(x)(C))
• Allows interested parties (the woman, her spouse, biological father, parent, or guardian) to bring civil actions against abortion providers for lack of informed consent, coercion known or reasonably known by the provider, or negligent, reckless, or intentional conduct. (W.S. 35-6-402(a))
• Establishes damages of at least $25,000 per claim, plus compensatory damages and attorney fees to prevailing interested parties, with a five-year statute of limitations and prohibition on awarding defendant attorney fees. (W.S. 35-6-402(b), W.S. 35-6-402(e), W.S. 35-6-402(h))