Wyoming measure restricts pregnancy terminations after a fetal heartbeat is detected

A person must check for a detectable fetal heartbeat before performing or attempting to end a pregnancy, and generally may not end a pregnancy when a heartbeat is found. The rule applies to people who perform, induce, or attempt to perform or induce a pregnancy termination in Wyoming. A medical emergency is an exception. A licensed physician may end the pregnancy during a medical emergency when the procedure gives the unborn child the best chance to survive, unless that would create a greater risk to the pregnant patient. A detectable heartbeat means cardiac activity found with standard medical equipment. The act says it takes effect immediately after the constitutional steps for a bill to become law are completed.

A person who knowingly or intentionally violates the heartbeat rules may face felony punishment, and a convicted licensed professional must lose the professional license. The penalties apply to anyone who violates the heartbeat provisions and to licensed professionals convicted of doing so, including nurses, pharmacists, physicians, and physician assistants. A felony conviction may bring up to five years in prison, a fine of up to $10,000, or both. The relevant licensing board must revoke the professional license after conviction. These penalties apply to violations of the heartbeat provisions after those provisions become enforceable.

If a court blocks or invalidates the heartbeat provisions, a separate set of abortion rules becomes effective, including limits after viability and procedures involving minors. The fallback rules cover abortions after viability, abortions performed by nonphysicians, abortions involving minors, information about ultrasound and fetal heart sounds, and care for infants born alive after an abortion. The fallback article applies only after a court enjoins or invalidates the heartbeat provisions and the attorney general determines they cannot take effect. The governor may certify that the fallback article is effective after the attorney general reports the court decision. For a minor, written notice and consent from a parent or guardian are generally required, unless a court allows self-consent, authorizes the abortion, or an emergency threatens the minor's life. An abortion after viability is allowed only when needed to protect the pregnant patient's life or health from an imminent serious danger. The fallback article takes effect five days after the secretary of state receives the governor's certification; the heartbeat provisions control if a court later finds them enforceable.