HB0138

Establishes the Reproductive Freedom Act, protecting a person's right to have an abortion before fetal viability or to protect the person's life or health, while prohibiting unauthorized abortions.

• Declares it public policy that every person has the right to freedom from governmental interference with reproductive decisions, including the right to choose or refuse birth control and abortion, and prohibits state discrimination in regulating or providing benefits, facilities, services, or information related to these rights. (W.S. 35-6-141)
• Establishes definitions for key terms including abortion, health care provider, physician, pregnancy, viability, and state entities subject to the act. (W.S. 35-6-142)
• Prohibits the state from denying or interfering with a person's right to have an abortion prior to fetal viability or to protect the person's life or health, and permits physicians, physician assistants, advanced practice registered nurses, and other health care providers acting within their scope of practice to terminate pregnancies as allowed. (W.S. 35-6-143)
• Establishes that any person who provides medical treatment, medication, or performs a procedure to induce pregnancy termination without authorization is guilty of a misdemeanor punishable by up to one year imprisonment, a fine up to five thousand dollars, or both, but exempts persons assisting those exercising abortion rights and exempts pregnant persons from criminal penalty. (W.S. 35-6-144)
• Provides that the good faith judgment of a health care provider regarding fetal viability or risk to the pregnant person's life or health constitutes a complete defense to prosecution under the act. (W.S. 35-6-145)
• Restricts state abortion regulations to those that are medically necessary to protect life or health, consistent with established medical practice, and impose the least restrictions on abortion rights. (W.S. 35-6-146)
• Permits persons and private medical facilities to refuse participation in abortion procedures based on conscience objections, and prohibits discrimination against persons for their participation or refusal to participate in abortion provision. (W.S. 35-6-147)