ANTI-CHOICE LAWS
Refusal to Provide Medical Services
ABORTION REFUSAL CLAUSE
Wyoming allows certain individuals or entities to refuse to provide abortion services.
To whom does the refusal clause apply? Individuals, private hospitals, institutions, or facilities.
What does the refusal clause allow? No person may be required to participate in an abortion or in any act that assists in the performance of an abortion. The refusal of a person to participate may not be a basis for civil liability, discrimination in employment, or the imposition of other sanctions by a hospital, person, firm, association, or group. A person injured due to a violation of this provision may bring a civil action for damages or injunctive relief.
No private hospital, institution, or facility may be required to permit abortion or to admit a woman for the purpose of performing an abortion. The refusal of a private hospital, institution, or facility to permit or admit may not be a basis for civil liability.
Does the law require the refusing entity to notify the persons affected? Yes. A private hospital, institution, or facility must inform any woman seeking an abortion of its policy not to permit or admit.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Wyo. Stat. Ann. § 35-6-105, -106, -114(Enacted 1977).
FAMILY PLANNING REFUSAL CLAUSE
Wyoming allows certain individuals or entities to refuse to provide family planning and birth control services.
To whom does the refusal clause apply? State employees.
What does the refusal clause allow? No person who contracts with, receives payment from, or is employed by the Department of Health, who objects on the basis of personal or religious beliefs, may be required to offer family planning and birth control services. The refusal to offer family planning and birth control services shall not be the basis for any disciplinary action, discrimination in employment, or loss in pay or benefits. This personal or religious exemption may not abridge an individual's right to obtain family planning and birth control services.
Does the law require the refusing entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family planning and birth control services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Wyo. Stat. Ann. § 42-5-101(d), -102(a)(ii) (Enacted 1969; Last Amended 1988).
Restrictions on Low-Income Women's Access to Abortion
Wyoming prohibits public funding for abortion for women eligible for state medical assistance for general health care unless: (1) the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself; (2) the pregnancy is the result of sexual assault and the sexual assault is reported to a law enforcement agency within five days after the assault or within five days after the victim is capable of reporting the assault; or (3) the pregnancy is the result of incest. Medical Services Covered Services and Limitations Module, 32 (Aug. 2003) at http://wyequalitycare.acs-inc.com/manuals/hcfa/limits.pdf; Wyo. Dep't of Health, Equality Care: General Provider Manual, Exhibit 7.4: Abortion Certification Form, 7-17 (Aug. 2003) at http://wyequalitycare.acs-inc.com/manuals/manual.pdf. See Wyo. Stat. Ann. § 35-6-117 (Enacted 1985).
Restrictions on Young Women's Access to Abortion
Wyoming law restricts young women's access to abortion.
Is the law enforceable? Yes.
Who is considered a minor? A young woman under the age of 18 who is unmarried, who is not in active military service, and who has not lived independently and apart from her parents for more than six months.
What is required - parental notice or parental consent? Both notice and consent.
Who must have knowledge and provide consent? One parent.
Are there other trusted adults who may have knowledge and provide consent instead? No.
What is the process for and providing notice and obtaining consent? A young woman may not obtain an abortion until at least 48 hours after the attending physician gives notice in writing, personally, or by certified mail to one parent, and the attending physician has obtained the written consent of such parent.
May the parental mandate be waived if a young woman is a victim of rape or incest? No.
May the parental mandate be waived if a young woman is a victim of child abuse? No.
May the parental mandate be waived if a young woman's health is threatened? No.
May the parental mandate be waived under any other circumstances? Yes, the young woman may try to obtain permission from a judge.
If a young woman must obtain permission from a judge, what is the process? She must secure a court order finding by clear and convincing evidence either that she is sufficiently mature and adequately informed to make her own decision or that an abortion is in her best interests.
Are there other significant requirements under the law? No.
Has a court considered the constitutionality of this law? No.
Other information about the law: None.
Wyo. Stat. Ann. §§ 35-6-118 (Enacted 1989), -101(a)(x) (Original Statute Enacted 1977; Relevant Provision Enacted 1989).
Targeted Regulation of Abortion Providers (TRAP)
Restrictions on Who May Perform Abortions
Wyoming prohibits certain qualified health care professionals from performing abortions.
Only a physician licensed to practice medicine in the state using accepted medical procedures may perform an abortion. Wyo. Stat. Ann. §35-6-101(a), -111, -112 (Enacted 1977).
PRO-CHOICE LAWS
Low-Income Women's Access to Family Planning
Wyoming provides increased access to reproductive health care services through a Section 1115 family planning waiver. The waiver allows the state to cover family planning services for all women ages 19 to 44 with incomes at or below 133% of the federal poverty level, who are 60 days postpartum and losing Medicaid coverage and who are not otherwise eligible for the state's health care programs.
Beneficiaries of family planning coverage available through the waiver are not required to pay premiums or co-payments for covered services. Covered services include: initial physical exam including a pap smear and testing for STIs; annual family planning follow-up visits; laboratory visits for family planning, education and counseling; and FDA-approved contraceptives medications, diaphragms, contraceptive injectables, contraceptive implants, and sterilizations.
Wyo. Family Planning Demonstration Application, Ctrs. for Medicare and Medicaid Servs., at Officeshttp://www.cms.hhs.gov/MedicaidStWaivProgDemoPGI/MWDL/itemdetail.asp?filterType=dual,%20keyword&filterValue=1115&filterByDID=0&sortByDID=2&sortOrder=ascending&itemID=CMS1192983&intNumPerPage=10 (last visited Dec. 5, 2008); NARAL Pro-Choice America Survey of State Medicaid
OTHER LAWS
Post-Viability Abortion Restriction
Wyoming's post-viability abortion restriction provides that no abortion may be performed after viability unless necessary to protect the woman from "imminent peril that substantially endangers her life or health." Wyo. Stat. Ann. § 35-6-102 (Enacted 1977).
NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortions, such as Wyoming's, that contain adequate exceptions to protect the life and health of the woman.
