A new Wyoming law set to take effect on July 1 is drawing legal scrutiny and renewed debate over its potential impact on abortion access in the state, WyoFile reports.
The law, House Bill 164, affirms the legality of off-label prescribing — a common medical practice — but explicitly excludes medications used to induce abortions from those protections.
Supporters and opponents of the measure offer sharply different interpretations of its intent and potential consequences. Abortion rights advocates argue the law could discourage health care providers from prescribing medications like mifepristone and misoprostol, commonly used in medication abortions, due to the risk of professional disciplinary action. State attorneys, however, maintain that the law simply reinforces existing statutes and is not intended to further restrict access.
The legal challenge was brought by the same group that has previously stalled other abortion-related laws in Wyoming courts. Plaintiffs, including Casper’s Wellspring Health Access — the state’s only abortion clinic — are seeking to block enforcement of the provision relating to abortion medications while a broader lawsuit involving HB 164 and two other recent laws is underway.
Those additional laws, passed during the 2025 legislative session, include stricter clinic regulations and a 48-hour waiting period with mandatory ultrasounds. Enforcement of both was temporarily halted in April by District Court Judge Thomas T.C. Campbell, who also presided over Monday’s virtual hearing regarding HB 164.
During the hearing, attorney Bethany Saul argued on behalf of the plaintiffs that excluding abortion medications from off-label protections is unconstitutional under a 2012 amendment to the Wyoming Constitution, which guarantees individuals the right to make personal health care decisions. Saul contended that the exemption is neither reasonable nor necessary to protect public health and could cause providers to avoid offering care due to potential legal consequences.
“This is not just a perceived risk,” Saul said. “We are facing a real risk.”
The state disagrees. Senior Assistant Attorney General John Woykovsky argued that HB 164 was crafted to align with a 2023 medication abortion ban passed by the Legislature — a law that is currently on hold pending a Wyoming Supreme Court decision expected later this year. According to Woykovsky, the exemption is simply a reflection of current law, not a new restriction.
“As it stands now, there are no laws in place to prohibit the use of off-label drugs for abortions,” he said. “And there should be no chilling effect.”
The broader context of HB 164 is rooted in long-standing medical practice. Off-label prescribing — using FDA-approved drugs for purposes not specifically approved — is both legal and common. Lawmakers, including Rep. Gary Brown (R-Cheyenne), who sponsored HB 164, initially introduced the legislation to protect providers following controversies over off-label prescriptions during the COVID-19 pandemic.
The bill’s final version excludes not only abortion medications but also Schedule I and II controlled substances and gender-related treatments for minors.
Judge Campbell has not yet issued a ruling on the plaintiffs’ request to block part of the law but acknowledged the urgency, given the law’s July 1 implementation date.
