For the second time in two legislative sessions, Wyoming is poised to enact a law that would likely shut down the only clinic providing procedural abortions in the state.
It would require Wellspring Health Access in Casper to become a licensed ambulatory surgical center. That means the clinic would need to renovate some of its doorways and halls.
It would also mandate the clinic’s physicians to get admitting privileges for their patients at a hospital no more than 10 miles away from Wellspring, which was set on fire in 2022 and protested by anti-abortion activists on a weekly basis since it reopened in 2023.
Staff at Wellspring told Wyoming Public Radio last year that threats of violence or intimidation directed at employees are commonplace.
Supporters of HB 42, which passed both chambers of the state Legislature and was sent to Gov. Mark Gordon for his consideration on Feb. 24, say it’s about keeping women safe while abortion remains legal in Wyoming. The bill would go into effect immediately following Gordon’s signature. The governor could also choose to let the bill pass into law without signing it himself.
Last year, a Teton County district judge struck down two of the state’s abortion laws, pointing to the state Constitution and its language concerning the right of Wyomingites to make their own healthcare decisions.
For his part, Gordon chose to veto the last iteration of HB 42 introduced to the 2024 budget session, citing the ongoing litigation on the issue.
“[This bill] provides for basic common sense regulations for surgical abortions to protect the health and safety of women who choose to get a surgical abortion,” testified Rep. Martha Lawley (R-Worland), the bill sponsor, to the House Labor Committee on Jan. 22. “There can be botched abortions, and then there’s a need for a higher level of care for that patient.”
But critics of HB 42 say that procedural abortion is safe, with a complication rate of less than 2%, according to one study in the journal UCSF Research. Healthcare providers sometimes refer to procedural abortion as “surgery,” but they’re generally considered to be minimally invasive and often don’t require the use of an anesthetic.
The bill’s opponents say the legislation is a ploy that would force Wellspring to shutter and ensure procedural abortions are inaccessible in Wyoming.
In a recent press conference, Wellspring’s president said that between 2023 and 2024, the number of abortions the clinic performed went up by 214%, in part from out of state patients.
“When these bills shutter clinics, we know that even if the law later changes, the rebuilding of the infrastructure to provide care can't automatically resume,” said Kimya Forouzan at the press conference. Forouzan is the principal state policy adviser for the Guttmacher Institute, a nonprofit research center focused on reproductive health.
“Even if you don't necessarily have a total abortion ban on the books, shuttering the clinics makes it so that people cannot access the care in the clinic that they want or need,” she said. “The provision of compassionate abortion care is not a light switch that can be turned on and off as soon as the law changes.”
HB 42 passed both chambers of the Legislature on Feb. 21. The House voted to concur with the Senate’s amendments on Feb. 24, when it also landed on the governor’s desk. It’s one of at least eight bills having to do with abortion that were received for introduction during the ongoing session.
This reporting was made possible by a grant from the Corporation For Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
