(NEW YORK) — Two bills having to do with abortion are making their way through the Wyoming legislature.
The first bill, HB0126, dubbed the Human Heartbeat Act, prohibits abortion if cardiac activity is detected in the fetus, which is around six weeks of pregnancy, before many women know they’re pregnant.
If cardiac activity is detected, an abortion can only be performed in the case of a medical emergency, meaning if the life of the mother is in danger or if continuing the pregnancy would cause serious or irreversible impairment of a major bodily function, according to the bill, which does not include exceptions for women impregnated as a result of rape or incest.
Any person who intentionally or knowingly violates the act will be charged with a felony punishable by up to five years in prison, a fine of up to $10,000, or both, according to the bill.
“What this bill attempts to do is to provide a line in the sand,” Republican Speaker of the House Rep. Chip Neiman said at a Wyoming House Labor, Health & Social Services Committee meeting on Monday. “This gives the unborn child the right to be protected and the privilege of being carried to term after a fetal heartbeat is detected.”
The bill also asserts that “substantial medical evidence” shows that a fetus can experience pain by 15 weeks of gestation.
“The science conclusively establishes that a human fetus does not have the capacity to experience pain until after at least 24–25 weeks,” according to the American College of Obstetricians & Gynecologists (ACOG).
The other bill, HB 117 or “Stop harm-empower women with informed notices,” requires medical professionals to give pregnant women written notices before performing an abortion.
The notice would include a description of the proposed abortion method, if there are medical risks associated with the method, alternatives such as adoption and parenting, and the medical risks associated with carrying the fetus to term
Patients who feel they’ve been coerced into receiving an abortion would be allowed to sue any providers for not less than $25,000.
The bill also includes text about the abortion drug mifepristone, including putting in the written notice that mifepristone alone is not always effective in ending a pregnancy. The written notice must also include that pregnant women should consult a health care provider if, after taking mifepristone, they regret their decision “to determine if there are options available to assist her in continuing her pregnancy.”
ACOG states that medication abortion “reversal” is not supported by science and that so-called reversal procedures are “unproven and unethical.”
Earlier this week, the Wyoming House Labor, Health & Social Services Committee recommended that both bills be passed. The bills will now go to the Wyoming State House for debate, amendment and voting.
Currently, abortion is allowed in Wyoming until fetal viability, which occurs at around 25 weeks of gestation, according to ACOG, defined as a fetus’ chances of surviving outside of the womb.
Only physicians are allowed to provide abortions in Wyoming, and they are required to submit a report to the Wyoming Department of Health within 20 days of any abortion procedure, according to the Guttmacher Institute, a research group that focuses on sexual and reproductive health.
In 2023, Wyoming passed two abortion bans. However, the Wyoming Supreme Court ruled in January that the bans were unconstitutional, violating a “health care freedom” amendment to the state constitution that was passed in 2012 that states in part that “each competent adult shall have the right to make his or her own health care decisions,” and that “the parent, guardian or legal representative of any other natural person shall have the right to make health care decisions for that person.”
During his State of the State address earlier this month, Wyoming Gov. Mark Gordon suggested that voters should decide on the issue.
“There’s another arduous task that I bring before you, which is the issue of abortion,” he said. “Protecting life is the most serious responsibility entrusted to government. The question of abortion deserves careful deliberation and I urge this legislature to take up this issue earnestly and put forward a genuine solution to the voters of Wyoming that provides a clear, irrefutable, durable, and morally sound resolution to this fraught issue.”
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