Wyoming House Rejects Attempt To Make Abortion Ban 'Viability' Instead Of ‘Hearbeat'

A bill seeking to ban abortions in Wyoming after the point at which a heartbeat can be heard remains unchanged, after some House representatives tried to soften and to tweak it Monday. 

The next stop for House Bill 126 is its third reading in the Wyoming House of Representatives later this week. If it survives that, it will head to the state Senate - which can change, adopt or reject it. 

If the bill becomes law, those who cause abortions after a fetal heartbeat is audible — about seven weeks’ gestation - could face a felony conviction and up to five years in prison and $10,000 in fines.

Rep. Mike Yin, D-Jackson, tried Monday to change the bill so that a misdemeanor - not a felony - would apply, and so that the standard would be fetal viability, not an audible heartbeat. 

Abortion is altogether legal in Wyoming right now, multiple state representatives have said. 

Yin asserted that the heartbeat provision would cause more constitutional problems - on top of the health care autonomy problems the Wyoming Supreme Court found with an earlier, near-total ban on abortions the court struck down Jan. 6. 

He said he believes the judicial branch will halt the heartbeat ban if it passes, and abortion will remain altogether legal in Wyoming. 

“A woman might not even know she’s pregnant by then,” said Yin. “So to say it’s outlawed before she can even know she’s pregnant makes it, I think, almost more unconstitutional than the previous (ban).” 

Yin said that he believes his amendment setting a viability standard, conversely, would make the bill constitutional. 

An unborn child may be viable at around 23 weeks’ gestation. 

“Let’s not waste more time just to have something suspended in court for another year,” said Yin. 

Rep. Joel Guggenmos, R-Riverton, stood to rebut Yin. 

“Fighting for human life is not a waste of time,” said Guggenmos. “Just wanted to clarify that, thank you.” 

Rep. Ken Pendergraft, R-Sheridan, disputed using a viability standard, projecting the notion onto other phases of life. 

“At what point does a senior citizen become so dependent on help that they’re no longer viable?” asked Pendergraft. “At what point does a child with a severe brain (disability) become no longer viable?”

Democratic Reps. Karlee Provenza (Laramie), Trey Sherwood (Laramie) and Liz Storer (Jackson) had also signed onto Yin’s amendment. 

The House rejected Yin’s proposition resoundingly in a voice vote. 

About Pharmacists

The bill seeks to require the relevant oversight boards to revoke the licenses of doctors, physician assistants, nurses and pharmacists who cause abortions.  

Rep. Lloyd Larsen, R-Lander, asked the House to remove pharmacists from that list. 

“When they call the pharmacist who prescribed the drug, he wasn’t required to make a determination if there was a heartbeat,” said Larsen. 

Rep. Ken Chestek, D-Laramie, echoed that, saying pharmacists fill prescriptions and may not know what the drug they’re selling is for, or the circumstances of that diagnosis. 

House Speaker Chip Neiman, R-Hulett, said he understood Larsen’s point, and wanted to vet the issue more and bring a different, more thoroughly considered amendment to address it. 

Larsen withdrew his amendment. 

Clair McFarland can be reached at clair@cowboystatedaily.com.