Article 1 in general 351101. Local contributions; disposition


6102.  No abortion after viability; exception



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356102.  No abortion after viability; exception.
An abortion shall not be performed after the embryo or fetus has reached viability except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.
356103.  Viability not affected by abortion.
A physician who performs an abortion procedure employed pursuant to W.S. 356102 shall not intentionally terminate the viability of the unborn infant prior to, during or following the procedure.
356104.  Means of treatment for viable abortion.
The commonly accepted means of care shall be employed in the treatment of any viable infant aborted alive with any chance of survival.
356105.  Private institutions not required to perform abortions; no liability for refusal to perform abortion.
No private hospital, clinic, institution or other private facility in this state is required to admit any patient for the purpose of performing an abortion nor to allow the performance of an abortion therein. The private hospital, clinic, institution or any other private facility shall inform any prospective patient seeking an abortion of its policy not to participate in abortion procedures. No cause of action shall arise against any private hospital, clinic, institution or any other private facility for refusing to perform or allow an abortion.
356106.  Persons not required to perform abortion; no civil liability for refusal; sanctions or discrimination for refusal forbidden.
No person shall, in any way, be required to perform or participate in any abortion or in any act or thing which accomplishes or performs or assists in accomplishing or performing a human miscarriage, euthanasia or any other death of a human fetus or human embryo. The refusal of any person to do so is not a basis for civil liability to any person. No hospital, governing board or any other person, firm, association or group shall terminate the employment of, alter the position of, prevent or impair the practice or occupation of, or impose any other sanction or otherwise discriminate against any person who refuses to perform or participate in any abortion or in any act or thing which accomplishes, performs or assists in accomplishing or performing a human miscarriage, euthanasia or any other death of a human fetus or embryo.
356107.  Forms for reporting abortions.
(a)  The state office of vital records services shall establish an abortion reporting form which shall be used after May 27, 1977 for the reporting of every abortion performed or prescribed in this state. The form shall include the following items in addition to such other information as may be necessary to complete the form, but in no case shall information be required that would tend to disclose the identity of any individual participating in an abortion:
(i)  The age of the pregnant woman;
(ii)  The type of procedure performed or prescribed;
(iii)  Complications, if any;
(iv)  A summary of the pregnant woman's obstetrical history regarding previous pregnancies, abortions and live births;
(v)  The length and weight of the aborted fetus or embryo, when measurable;
(vi)  Type of facility where the abortion is performed (i.e., hospital, clinic, physician's office, or other).
(b)  The form shall be completed by the attending physician and sent to the state health officer as defined in W.S. 92103(e) within twenty (20) days after the abortion is performed.
356108.  Compilations of abortions; matter of record; exception.
The state office of vital records services shall prepare and after May 27, 1977 keep on file for seven (7) years compilations of the information submitted on the abortion reporting forms. The compilations shall be available only to a local, state or national public health official or a physician upon his written request. The state health officer, in order to maintain and keep such compilations current, shall file with the reports any new or amended information. The information submitted under W.S. 356107 and compiled under this section shall not be stored in any computer.
356109.  Rules and regulations for disposal of bodies and parts thereof.
The state department of health may prescribe rules and regulations for the disposal of the bodies, tissues, organs and parts thereof of an unborn child, human fetus or human embryo which has been aborted.
356110.  Penalty for violation of W.S. 356102, 356103 or 356104.
Any physician or other person who violates any provision of W.S. 356102, 356103 or 356104 is guilty of a felony punishable by imprisonment in the penitentiary for not more than fourteen (14) years.
356111.  Penalty for person other than physician to perform abortion.
Any person other than a licensed physician who performs an abortion is guilty of a felony punishable by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years.
356112.  Penalty to use means other than commonly accepted medical procedures.
Any person who performs or prescribes an abortion by using anything other than accepted medical procedures is guilty of a felony punishable by imprisonment in the penitentiary for not more than fourteen (14) years.
356113.  Penalty for violating W.S. 356106.
Any person, firm, corporation, group or association who violates W.S. 356106 is guilty of an offense punishable by a fine of not more than ten thousand dollars ($10,000.00).
356114.  Right to damages for discriminatory employment practices for refusal to perform abortion.
Any person or persons injured by any action prohibited in W.S. 356106 may by civil action obtain injunctive relief or damages.
356115.  Penalty for giving away a live or viable aborted child for experimentation.
Whoever sells, transfers, distributes or gives away any live or viable aborted child for any form of experimentation is guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years. Any person consenting, aiding or abetting such sale, transfer, distribution or other unlawful disposition of an aborted child is guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years or both, and shall also be subject to prosecution for violation of any other criminal statute.
356116.  Advertising drug or nostrum for procuring abortion or miscarriage.
Whoever prints or publishes any advertisement of any drug or nostrum with intent to obtain utilization of such drug or nostrum for procuring abortion or miscarriage; or sells or gives away, or keeps for sale or gratuitous distribution, any newspaper, circular, pamphlet, or book containing such advertisement, or any account or description, of such drug or nostrum with intent to obtain utilization of such drugs or nostrum to procure abortion or miscarriage, shall be fined not more than one hundred dollars ($100.00), to which may be added imprisonment in the county jail for not more than six (6) months.
356117.  Use of appropriated funds for abortion prohibited; exceptions.
No funds appropriated by the legislature of the state of Wyoming shall be used to pay for abortions except when the pregnancy is the result of incest as defined by W.S. 64402 or sexual assault as defined by W.S. 62301 if the assault is reported to a law enforcement agency within five (5) days after the assault or within five (5) days after the time the victim is capable of reporting the assault, or when the life of the mother would be endangered if the unborn child was carried to full term.
356118.  Procedure governing abortion performed upon minor.
(a)  An abortion shall not be performed upon a minor unless at least one (1) of the minor's parents or her guardian are notified in writing at least fortyeight (48) hours before the abortion, and the attending physician has obtained the written consent of the minor and at least one (1) parent or guardian of the minor, unless:
(i)  The minor, in a closed hearing, is granted the right to selfconsent to an abortion by court order pursuant to subparagraph (b)(v)(B) of this section and the attending physician receives a certified copy of the court order and the written consent of the minor; or
(ii)  The abortion is authorized by court order pursuant to subparagraph (b)(v)(C) of this section and the attending physician receives a certified copy of the court order.
(b)  A juvenile court of jurisdiction may grant the right of a minor to selfconsent to an abortion or may authorize an abortion upon a minor in accordance with the following procedure:
(i)  The minor shall apply to the juvenile court for assistance either in person or through an adult of the minor's choice. The court shall assist the minor in preparing the petition and notices required under this subsection;
(ii)  Notwithstanding W.S. 146212, the minor or an adult of the minor's choice shall file a petition with the court, signed by the minor and setting forth:
(A)  The initials of the minor and the minor's date of birth;
(B)  The names and addresses, if known, of the minor's parents, guardian, custodian or, if the minor's parents are deceased and a guardian or custodian has not been appointed, any other person standing in loco parentis of the minor;
(C)  That the minor has been informed by her treating physician of the risks and consequences of an abortion;
(D)  That the minor is mature and wishes to have an abortion; and
(E)  Facts indicating why an abortion is in the best interest of the minor.
(iii)  The court may appoint a guardian ad litem of the minor and may appoint legal counsel for the minor;
(iv)  Within five (5) days after the petition is filed under paragraph (ii) of this subsection, a hearing on the merits of the petition shall be held on the record. Any appointed counsel shall be appointed and notified by the court at least fortyeight (48) hours before the time set for hearing. At the hearing, the court shall hear evidence relating to:
(A)  The maturity and understanding of the minor;
(B)  The nature of the abortion, risks and consequences of the abortion, and alternatives to the abortion; and
(C)  Whether an abortion is in the best interest of the minor.
(v)  In its order, which shall be issued within twentyfour (24) hours of the hearing, the court shall enter findings of fact and conclusions of law, order the record of the hearing sealed and shall:
(A)  Deny the petition, setting forth the grounds on which the petition is denied;
(B)  Grant the minor the right to selfconsent to the abortion based upon a finding by clear and convincing evidence that the minor is sufficiently mature and adequately informed to make her own decision, in consultation with her physician, independently of the wishes of her parents or guardian; or
(C)  Authorize the abortion based upon a finding by clear and convincing evidence that the abortion is in the best interest of the minor.
(vi)  Any order entered pursuant to paragraph (v) of this subsection may be appealed by a party to the supreme court in accordance with the Wyoming Rules of Appellate Procedure. Notwithstanding W.S. 146233, the supreme court shall by rule provide for expedited appellate review of appeals under this paragraph.
(c)  The provisions of this section shall not apply in an emergency medical situation when, to a reasonable degree of medical probability, the attending physician determines that an abortion is necessary to preserve the minor from an imminent peril that substantially endangers her life, and so certifies in the minor's medical record.
(d)  The written notifications required under this section shall be delivered:
(i)  Personally by the minor, attending physician or an agent; or
(ii)  By certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee.
(e)  No parent, guardian or spouse shall require a minor to submit to an abortion against her wishes.
(f)  Any physician or other person who knowingly performs an abortion on a minor in violation of W.S. 356118 is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.
CHAPTER 7

FOOD AND DRUGS


ARTICLE 1

IN GENERAL


357101.  Repealed by Laws 1987, ch. 173, § 4.
357102.  Repealed by Laws 1987, ch. 173, § 4.
357103.  Repealed by Laws 1987, ch. 173, § 4.
357104.  Repealed by Laws 1987, ch. 173, § 4.
357105.  Repealed by Laws 1987, ch. 173, § 4.
357106.  Repealed by Laws 1987, ch. 173, § 4.
357107.  Repealed by Laws 1987, ch. 173, § 4.
357108.  Repealed by Laws 1987, ch. 173, § 4.
357109.  Short title.
This act may be cited as the "Wyoming Food, Drug and Cosmetic Safety Act".
357110.  Definitions.
(a)  As used in this act:
(i)  "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing the purchase of food, drugs, devices or cosmetics;
(ii)  "Color" includes black, white and intermediate grays;
(iii)  "Color additive" means a material, other than a material exempt under the federal act, which:
(A)  Is a dye, pigment or other substance from a vegetable, animal, mineral or other source; or
(B)  When added or applied to a food, drug or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto.
(iv)  "Consumer commodity" means any food, drug, device or cosmetic as those terms are defined by this act or by the federal act;
(v)  "Cosmetic" means articles other than soap which are:
(A)  Intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; and
(B)  Intended for use as a component of any articles under subparagraph (A) of this paragraph.
(vi)  "Counterfeit drug" means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint or device, or any likeness therefor, of a drug manufacturer, processor, packer or distributor other than the person who in fact manufactured, processed, packed or distributed the drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, the other drug manufacturer, processor, packer or distributor;
(vii)  "Department" means the department of agriculture;
(viii)  "Device" means instruments, apparatus and contrivances, including their components, parts and accessories, intended:
(A)  For use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; or
(B)  To affect the structure or any function of the body of man or other animals.
(ix)  "Director" means the director of the Wyoming department of agriculture or his duly authorized representative;
(x)  "Drug" means:
(A)  Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary or any supplement to any of them; and
(B)  Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and
(C)  Articles (other than food) intended to affect the structure or any function of the body of man or other animals; and
(D)  Articles intended for use as a component of any article specified in subparagraph (A), (B) or (C) of this paragraph but does not include devices or their components, parts or accessories.
(xi)  "Establishment" means and includes any place or any area of any establishment in which foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Establishment" does not include a home kitchen where food is prepared and stored for family consumption, or any other place equipped for the preparation, consumption and storage of food on the premise by employees or nonpaying guests;
(xii)  "Federal act" means the Federal Food, Drug, and Cosmetic Act, as amended, (Title 21 U.S.C. § 301 et seq.) and regulations promulgated under the act;
(xiii)  "Food" means:
(A)  Articles used for food or drink for humans including meat and ice intended for human consumption;
(B)  Chewing gum;
(C)  Beverages subject to the Federal Alcohol Administration Act, as amended, (Title 27 U.S.C. § 201 et seq.);
(D)  Articles used for components of any article under subparagraphs (A), (B) and (C) of this paragraph.
(xiv)  "Food additive" means any substance the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food within the meaning of the federal act;
(xv)  An "imitation food" is any food which is in physical characteristics such as taste, flavor, color, texture or appearance which resembles or purports to be or is represented as a food for which a definition and standard of identity has been prescribed and does not conform to such standard;
(xvi)  "Immediate container" does not include package liners;
(xvii)  "Label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made by or under this act that any word, statement or other information appear on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container or wrapper, if there is any, of the retail package of the article, or is easily legible through the outside container or wrapper;
(xviii)  "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying the article;
(xix)  "Local board of health" means a county or city board of health established pursuant to W.S. 351301 et seq.;
(xx)  "Local health department" means a health department established by a county, municipality or district pursuant to W.S. 351301 et seq.;
(xxi)  "New drug" means any drug considered to be a new drug under the federal act;
(xxii)  "Official compendium" means the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary or any supplement to any of them;
(xxiii)  "Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers as interpreted by the federal act;
(xxiv)  "Pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one (1) or more other substances is an "economic poison" within the meaning of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 through 136y) which is used in the production, storage or transportation of raw agricultural commodities;
(xxv)  "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale;
(xxvi)  "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing;
(xxvii)  "Regulatory authority" means the authority which issued the license or promulgated the rule or regulation being enforced including the department of agriculture or local health department;
(xxviii)  "Farmers market" means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products and other items directly to consumers;
(xxix)  "Function" means any official ceremony or organized social occasion;
(xxx)  "Not potentially hazardous food" means any food which does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation. The natural pH or the final pH of acidified food must be 4.6 or less;
(xxxi)  "Commercial food establishment" means and includes any place or any area of any establishment that is a wholesale or retail business where foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Commercial food establishment" shall not include:
(A)  Any farmers market; or
(B)  Any producer or informed consumer engaged in transactions pursuant to W.S. 1149103.
(xxxii)  "This act" means W.S. 357109 through 357127.
357111.  Prohibited acts.
(a)  No person shall:
(i)  Violate this act or any rules promulgated under it;
(ii)  Introduce or deliver for introduction into commerce of any food, drug, device or cosmetic that is adulterated or misbranded;
(iii)  Adulterate or misbrand any food, drug, device or cosmetic in commerce;
(iv)  Knowingly receive in commerce of any food, drug, device or cosmetic that is adulterated or misbranded;
(v)  Refuse to permit entry, inspection or access to records as authorized by this act;
(vi)  Manufacture any food, drug, device or cosmetic that is adulterated or misbranded;
(vii)  Give a false guaranty or undertaking under this act except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the food, drug, device or cosmetic;
(viii)  Forge, counterfeit or without proper authority use any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under this act;
(ix)  Make, sell or possess any punch, die, plate, stone, or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drugs a counterfeit drug;
(x)  Alter, mutilate, destroy, obliterate or remove any part of the labeling of, or the doing of any other act with respect to a food, drug, device or cosmetic, if done while the article is held for sale (whether or not the first sale) after shipment in commerce and which results in the article being adulterated or misbranded;
(xi)  Repealed By Laws 2000, Ch. 37, § 4.
(xii)  Use in labeling, advertising or other sales promotion of any reference to any report or analysis furnished by the director in compliance with this act.
(b)  No person shall remove or dispose of a detained or embargoed article in violation of W.S. 357114.
(c)  In determining whether labeling or an advertisement is misleading under this act, the following shall be considered:
(i)  Representations made or suggested by statement, word, design, device, sound or in any combination thereof;
(ii)  The extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or facts material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under conditions of use as are customary or usual.

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