Editor's note: Wyoming Gov. Mark Gordon vetoed HB 148 Mar. 22
A pro-life bill that could help shut down Wyoming’s last abortion facility is headed to Governor Mark Gordon’s desk after it cleared both the House and Senate on March 1, 2024.
The law will require abortion facilities to meet additional regulatory standards, raising the question of whether it will mean the end of Wellspring Health Access, the last remaining abortion facility in the state, and a safer Wyoming for both mothers and babies.
Breakdown of the law
House Bill 148 requires any abortion facility that performs surgical abortions to meet the same facility regulations as other ambulatory surgical centers. Under the bill, abortion facilities would have to become licensed ambulatory surgical centers and comply with all rules and regulations regarding the operations and reporting of ambulatory surgical centers as set out by the Department of Health.
Additionally, the bill requires that all abortionists must be licensed physicians, “in good standing with the state board of medicine” with admitting privileges at a hospital within a 10-mile radius of the abortion facility.
HB 148 also requires abortion facilities to provide expecting mothers with an ultrasound at least 48 hours before prescribing them abortion-inducing drugs or performing a surgical abortion. The bill notes this requirement is to determine gestational age of the child and location of pregnancy, confirm viable intrauterine pregnancy, and provide the pregnant woman the opportunity to view an active ultrasound and hear the baby’s heartbeat.
Should the bill become law, any abortionist who is found to be in violation of the section regarding the new surgical center rules and regulations could face up to $1,000 daily until they become compliant. Additionally, those found guilty of the other stipulations could face a felony charge and up to 14 years in prison.
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The need for the bill
HB 148 will help protect women by ensuring that abortionists are following proper safety protocols and ensuring they have quicker access to hospital care should complications arise.
The bill’s sponsor, State Representative Martha Lawley, shared that patient safety was at the top of her mind when drafting the legislation.
“While it is legal in Wyoming, we need to look at the safety of women that are choosing abortions,” Lawley explained. “In the event of a botched abortion, it's important that there be a kind of continuity of care between the doctor who performed that abortion and the facility where that woman would be taken to for further care.”
State Senator Brian Boner also spoke in favor of the bill.
“This is dealing with basic patient safety,” he said.
The bill will also give abortion-minded mothers the opportunity to see their baby and hear its heartbeat, providing a crucial time to change their minds. In fact, it’s been reported time and time again that 80% of women considering an abortion choose life when they see an ultrasound.
Wyoming’s last abortion facility could close down
These new requirements could also halt services at the state’s last remaining abortion facility, according to news reports.
Julie Burkhart, the founder of the facility, said if the bill becomes law, it will almost certainly have to shut down or pause services temporarily because the facility would have to make physical renovations to bring it up to code, including changes to the hallways, doors, and HVAC system.
Tweet This: A pro-life bill better ensuring women's safety passed in Wyoming March 1 and is headed to Gov. Mark Gordon’s desk.
What's next?
Since the Wyoming Legislature passed HB 148, the bill now heads to Governor Mark Gordon’s desk, where he is expected to sign it into law later this month.
Governor Gordon has a strong pro-life record including having signed the first law in the nation banning chemical abortion pills last March.
After Roe v. Wade was overturned in the Surepem Court Dobbs decsion, the governor also tweeted, “As a pro-life Governor, my focus will continue to be on ensuring we are doing all we can to support mothers, children and families.”
However, the bill would also become law without his signature on March 23, 2024, as long as he doesn’t veto it.
Once the bill becomes law, it will go into effect immediately.
Thirteen pregnancy help centers continue to offer life-affirming support for mothers and families across Wyoming.
