§ 35-1-101. Local contributions; disposition.

All monies paid to the state treasurer representing contributions by city councils, county commissioners, trustees of school districts, or other public agencies, for public health purposes, shall be set up and designated on the books of the state treasurer in a separate account, and shall be expended and disbursed upon warrants drawn by the state auditor against said account when the vouchers therefor have been approved by the department of health.

History. Laws 1943, ch. 2, § 1; C.S. 1945, § 63-103; W.S. 1957, § 35-1; Laws 1973, ch. 245, § 3; 1974, ch. 16, § 2; 1991, ch. 221, § 2; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the trust and agency fund” following “a separate account.”

Editor's notes. —

The basic act for regulation of public health is ch. 55, Laws 1901. This original act was amended and new sections were added by ch. 94, Laws 1903; ch. 99, Laws 1909; and ch. 160, Laws 1921. Chapter 55, Laws 1901, as thus supplemented, has also been amended by ch. 72, Laws 1913; ch. 33, Laws 1923; ch. 73, Laws 1931; ch. 100, Laws 1931; ch. 3, Laws 1939; ch. 7, Laws 1943; ch. 67, Laws 1947; ch. 34, Laws 1953; ch. 20, Laws 1957; ch. 135, Laws 1961; ch. 207, Laws 1961; ch. 37, Laws 1965; ch. 82, Laws 1967; ch. 218, Laws 1969; and ch. 134, Laws 1973.

In addition to the above-mentioned acts, this title includes, in their appropriate places, many statutes not expressly enacted as amendatory of or supplemental to the basic act, but nevertheless relating to public health.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, directs: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 35-1-102. Sanitation of public institutions.

It shall be the duty of the officers, managers, superintendents, proprietors and lessees of all hospitals, asylums, infirmaries, prisons, jails, schools, theaters, public places and public institutions to remedy any and all defects relating to the unsanitary condition of such institution, or institutions, as may be under their control, when such defects shall have been called to their attention in writing by the department of health.

History. Laws 1901, ch. 55, § 14; C.S. 1910, § 2941; C.S. 1920, § 3604; R.S. 1931, § 103-213; C.S. 1945, § 63-119; W.S. 1957, § 35-2; Laws 1991, ch. 221, § 2.

Cross references. —

As to sanitary information generally, see § 35-1-222 .

§ 35-1-103. Neglect or failure of officials to perform duty.

Any member of the department of health, any county health officer, or any officer, superintendent, or principal of any city, town, county or institution named in this act, who shall fail or neglect to perform any of the duties herein required of them, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county jail for a period of not less than six (6) months, nor more than a year, or both.

History. Laws 1901, ch. 55, § 22; C.S. 1910, § 2949; C.S. 1920, § 3612; R.S. 1931, § 103-221; C.S. 1945, § 63-128; W.S. 1957, § 35-3; 1991, ch. 221, § 2.

Meaning of “this act.” —

As to meaning of “this act,” see Editor's note to § 35-1-101 .

§ 35-1-104. Applicability of provisions; exceptions.

This act shall not apply to publications, advertisements or notices of the United States government, the state of Wyoming or of any city in the state of Wyoming.

History. Laws 1921, ch. 160, § 20; R.S. 1931, § 103-231; C.S. 1945, § 63-136; W.S. 1957, § 35-4.

Meaning of “this act.” —

As to meaning of “this act,” see Editor's note to § 35-1-101 .

§ 35-1-105. Prohibited acts; penalty for violations.

1. No person, corporation or other organization nor representative thereof shall:
   1. Willfully violate, disobey or disregard the provisions of the public health laws of Wyoming or the terms of any lawful notice, order, rule or regulation issued pursuant thereto;
   2. Repealed by Laws 1982, ch. 75, § 5.
   3. Being a person charged by law or rule of the department of health with the duty of reporting the existence of disease or other facts and statistics relating to the public health, fail to make or file such reports as required by law or requirement of the department;
   4. Conduct a business or activity for which the department requires a certificate or permit without such a certificate or permit;
   5. Willfully and falsely make or alter any certificate or certified copy thereof issued pursuant to public health laws of Wyoming;
   6. Knowingly transport or accept for transportation, interment or other disposition a dead human body without an accompanying permit issued in accordance with the public health laws of Wyoming or the rules of the department; or
   7. Being the owner or occupant of private property upon which there shall exist a nuisance, source of filth or cause of sickness, willfully fail to remove the same at his own expense within forty-eight (48) hours after being ordered to do so by health authorities.
2. Upon conviction of any of the offenses prohibited in subsection (a) of this section, the violator shall be fined not to exceed one hundred dollars ($100.00) or imprisonment not to exceed six (6) months, or both, and shall be liable for all expense incurred by health authorities in removing the nuisance, source of filth or cause of sickness. No conviction under the penalty provisions of this act or of any other public health laws shall relieve any person from an action in damages for injury resulting from violation of public health laws.

History. Laws 1947, ch. 67, § 11; W.S. 1957, § 34-5; Laws 1961, ch. 207, § 1; 1982, ch. 75, § 5; 1983, ch. 171, § 3; 1991, ch. 221, § 2; 2012, ch. 98, § 1; 2017, ch. 172, § 1.

Cross references. —

For duty of state and local officers to report dangers to public health, see § 35-1-223 .

For provisions concerning certificates and permits regarding vital records, see §§ 35-1-401 to 35-1-431 .

For provisions concerning reporting of communicable and venereal diseases, see §§ 35-4-101 to 35-4-111 .

For present provisions as to bribery, see § 6-5-102 .

For provisions of criminal procedure relative to nuisances, see §§ 6-6-201 to 6-6-209 .

The 2012 amendment, in the introductory language of (a), substituted “No” for “Any,” “nor” for “and each” and “shall” for “who”; in (a)(i), deleted “Shall” at the beginning, and “or” at the end; in (a)(iii), deleted “shall” preceding “fail” and “or who” at the end; rewrote (a)(iv), which read: “Conducting a business or activity over which the department shall possess the power of certification and regulations, and who shall be required to have a certificate or permit therefor, shall conduct such business or activity without such a certificate or permit; or”; in (a)(v), deleted “Shall” at the beginning and “or” at the end; in (a)(vi), deleted “Shall” at the beginning and “who” at the end; in (a)(vii), deleted “shall” preceding “wilfully”; and in (b), inserted “of any of the offenses prohibited in subsection (a) of this section, the violator,” substituted “both, and” for “shall be both so fined and imprisoned, and in addition to such fine and imprisonment” and made stylistic changes.

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

The 2017 amendment , effective July 1, 2017, in (a)(i), (a)(v), and (a)(vii), made stylistic changes.

Meaning of “this act.” —

As to meaning of “this act,” see Editor's note to § 35-1-101 .

Severability. —

Section 15, ch. 67, Laws 1947, reads: “If any particular section or provision of this act is held to be invalid, the invalidation of such section or provision shall not invalidate the other sections and provisions, but they shall have the same force and effect as though they were enacted separately and independently.”

§ 35-1-106. Penalty for violations.

Any person who shall violate any of the provisions of this act, or any lawful rule or regulation made by the state department of health pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any state, county or municipal health officer pursuant to the authority granted in this act shall be deemed guilty of misdemeanor, and shall be punished except as otherwise provided therein by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than one (1) year or by both such fine and imprisonment.

History. Laws 1921, ch. 160, § 27; R.S. 1931, § 103-238; C.S. 1945, § 63-143; W.S. 1957, § 35-6; Laws 1991, ch. 221, § 2.

Cross references. —

As to authority to make rules and regulations, see § 35-1-229 .

Meaning of “this act.” —

As to meaning of “this act,” see Editor's note to § 35-1-101 .

Repealing clauses. —

Sections 28 and 29, ch. 160, Laws 1921, repealed all laws and parts of laws in conflict therewith, and expressly repealed §§ 3592 and 3617, C.S. 1920.

Cited in

Distad v. Cubin, 633 P.2d 167, 1981 Wyo. LEXIS 370 (Wyo. 1981).

§ 35-1-201. Exceptions with reference to religion.

Except as provided in W.S. 35-4-113 , with respect to all persons who, either on behalf of themselves or their minor children or wards, rely in good faith upon spiritual means or prayer in the free exercise of religion to prevent or cure disease, nothing in this act shall have the effect of requiring or giving any health officer or other person the right to compel any such person, minor child or ward, to go or be confined in a hospital, or other medical institution unless no other place for quarantine of such person, minor child, or ward can be secured, nor to compel any such person, child, or ward to submit to any medical treatment.

History. Laws 1947, ch. 67, § 13; W.S. 1957, § 35-9; 2003, ch. 83, § 2.

Cross references. —

As to refusal to accept family planning or birth control on religious grounds, see § 42-5-101 .

As to inapplicability to policies prescribed in connection with school health to students whose parent or guardian objects, see § 42-5-102 .

As to treatment or quarantine during a public health emergency, see § 35-4-113 .

Am. Jur. 2d, ALR and C.J.S. references. —

Refusal of medical treatment on religious grounds as affecting right to recover for personal injury or death, 3 ALR5th 721.

Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered, 21 ALR5th 248.

§ 35-1-220. Legal advisers; provisions as to enforcement.

The attorney general of Wyoming shall be legal adviser for the department of health and shall defend it in all action and proceedings brought against it. The district attorney for the county in which a cause of action may arise, shall bring any action requested by the department to abate a condition which exists in violation of, or to restrain or enforce any action which is in violation of, or to prosecute for the violation of, or for the enforcement of, the public health laws of Wyoming. If he fails to so act, the department may bring any such action and shall be represented by the attorney general or by special counsel.

History. Laws 1947, ch. 67, § 9; W.S. 1957, § 35-14; Laws 1981, Sp. Sess., ch. 22, § 1; 1991, ch. 221, § 2.

Cross references. —

As to duties generally of attorney general, see § 9-1-603 .

As to assignment of special assistant attorneys general to state agencies, see § 9-1-608 .

§ 35-1-221. Judicial review of decisions.

1. Any person aggrieved and affected by a decision of the department of health shall be entitled to judicial review thereof, by filing in the district court of the Wyoming county of his residence, within thirty (30) days after such decision, an appropriate action requesting such review. The court may make any interested person a party to the action. The review shall be conducted by the court without a jury and shall be confined to the department’s record, if a complete record is so presented, except that in cases of alleged irregularities in the record or in the procedure before the department, testimony may be taken in and by the court, which may affirm the department’s decision or may reserve or modify it if the substantial rights of the appellant have been prejudiced as a result of the findings and decisions of the department because:
   1. Contrary to or affecting constitutional rights or privileges; or
   2. In excess of statutory authority or jurisdiction of the department, or resulting from other error or law; or
   3. Made or promulgated upon unlawful procedure; or
   4. Unsupported by substantial evidence in view of the entire record as submitted; or
   5. Arbitrary or capricious.
2. Any party may have a review of the final judgment or decision of the district court by appeal to the supreme court of Wyoming.

History. Laws 1947, ch. 67, § 10; W.S. 1957, § 35-15; Laws 1991, ch. 221, § 2.

Cross references. —

For procedure governing appeals, see Rules 1 to 3, 7.02, 7.03, 10.04, 10.05 and 12, W.R.A.P.

§ 35-1-222. Sanitary information generally.

The department of health shall cause all proper sanitary information in its possession to be promptly forwarded to the county health officers, adding thereto such useful suggestions as the experience of the department may supply, and it is also hereby made the duty of said county health officers to supply the like information and suggestions to the department of health, and the department of health is authorized to require reports and information at such times of such facts and of such nature and extent relating to the safety of life and promotion of health as its bylaws or rules may provide; from all public or private dispensaries, hospitals, asylums, infirmaries, prisons, schools, and from managers, principals, and officers thereof, and from all other public institutions, their officers, managers and from the proprietors, managers, lessees, and occupants of all places of public resort in the state, but such reports and information shall only be required concerning matters or particulars in respect to which they may in their opinion need information for the proper discharge of their duties. The department shall, when requested by public authorities, or when they may deem it best advise the officers of the state, counties, cities, or towns or local governments in regard to sanitary drainage and the location, drainage, ventilation and sanitary provisions of any public institution, building or public place.

History. Laws 1901, ch. 55, § 8; C.S. 1910, § 2935; C.S. 1920, § 3598; R.S. 1931, § 103-207; C.S. 1945, § 63-109; W.S. 1957, § 35-16; Laws 1991, ch. 221, § 2.

Cross references. —

As to sanitation of public institutions, see § 35-1-102 .

§ 35-1-223. Cooperation to prevent spread of contagious diseases; report of epidemics or diseases required from local health officials.

The department of health shall give all information that may be reasonably requested concerning any threatened danger to the public health, and the local health officers and all the state, county, city and town officers in the state shall give the like information to the state health officer, and the department and said state, county, city and town officers, insofar as legal and practicable, shall cooperate to prevent the spread of diseases, and for the protection of life and the promotion of health within the sphere of their respective duties. When in any county, an epidemic or contagious or infectious disease including venereal diseases, is known to exist, it shall be the duty of the county health officer of such county to immediately notify the state health officer of the existence of the same, with such facts as to its cause and continuance as may then be known.

History. Laws 1901, ch. 55, § 9; C.S. 1910, § 2936; C.S. 1920, § 3599; Laws 1921, ch. 160, § 5; R.S. 1931, § 103-208; C.S. 1945, § 63-110; Laws 1951, ch. 40, § 1; W.S. 1957, § 35-17; Laws 1991, ch. 221, § 2.

Cross references. —

As to neglect or failure of officials to perform duty generally, see § 35-1-103 .

For penalty for failure to report diseases, see § 35-1-105 .

As to duty to make sanitary inspection of barbershops, see § 33-7-110 .

§ 35-1-224. Inspection of public buildings and grounds or plans or description thereof.

It is hereby made the duty of all boards and agents having the control, charge or custody of any public structure, work, ground or erection, or of any plan, description, outlines, drawings thereof, or relating thereto, made, kept or controlled by any public authority, to promote and facilitate the examination and inspection and the making of copies of the same by any officer or person by the department of health authorized; and the members of the department may, without fee or hindrance enter, examine and survey all such grounds, erection, structures, buildings and places.

History. Laws 1901, ch. 55, § 10; C.S. 1910, § 2937; C.S. 1920, § 3600; R.S. 1931, § 103-209; C.S. 1945, § 63-111; W.S. 1957, § 35-18; Laws 1991, ch. 221, § 2.

§ 35-1-225. Inspection of water supply; duties as to streets and public structures generally.

The department of health is authorized and empowered to investigate and ascertain as far as possible, in relation to the pollution of streams and natural waters of this state by artificial causes, or of all waterworks, and water systems belonging to any city or town, sanitary district, corporation, company or individual, in this state and supplying water for public consumption, which in their judgment may be necessary to determine the sanitary and economic effects of such pollution, and to enter in and upon the grounds, buildings and premises, waterworks, reservoirs, pipelines, pump houses and everything connected with the collection and distribution of water to the inhabitants of any city or town, to make, institute, and conduct needful experiments pertaining thereto, and shall have power to summon witnesses, administer oaths, and hear evidence relating to such matters, and to make full report to the city, town or sanitary district authorities and also to the proper officers of any privately owned water utility when included in such investigations, of their operations and investigations in writing; and it shall be the duty of all such officers when notified of any unsanitary conditions of streets, alleys, sidewalks, waterworks, or other public ways, structures or improvements under their control, to at once take steps to repair, cleanse, abate or destroy the same.

History. Laws 1901, ch. 55, § 11; C.S. 1910, § 2938; C.S. 1920, § 3601; R.S. 1931, § 103-210; C.S. 1945, § 63-112; Laws 1953, ch. 34, § 1; W.S. 1957, § 35-19; Laws 1991, ch. 221, § 2.

Cross references. —

As to protection of public water supply, see §§ 35-4-201 , 35-4-202 and 35-4-220 to 35-4-223 .

Am. Jur. 2d, ALR and C.J.S. references. —

Citizen's action under 33 USC § 1365(a)(1) for violation of effluent standards or limitations under Federal Water Pollution Control Act (33 USC § 1251 et seq.) or orders with respect thereto, 68 ALR Fed 701.

Actions brought under Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act)(33 U.S.C. §§ 1251 et seq.) — Supreme Court cases, 163 ALR Fed 531.

§ 35-1-226. Power of department in cities and towns.

It shall be the duty of the state department of health, upon petition of at least twenty (20) taxpayers in any community, to send a competent representative to any incorporated city or town in this state for the purpose of inspecting and thoroughly investigating the sanitary condition of such city or town and the department shall have the power and it shall be the duty of the department to condemn, in any such city or town, any buildings, sewers, water connections, or other things, that in their judgment are in such condition as is likely to produce or cause the spread of epidemic diseases. And the department shall give notice to the mayor and council of such city or town to repair, remove, cleanse or remedy such defect or defects, within ten (10) days, and if the same shall not be done within the time specified in said notice, as directed by the department of health, it shall be the duty of the department to have same done; and the department is authorized to employ sufficient labor and furnish all necessary materials for the performance of such work, and it shall be the duty of the department, upon the completion of such work, to issue certificates to the person or persons performing such work and furnishing material therefor, and to file a report of the expense incurred in the performance of such work with the clerk of said city or town; and it shall be the duty of the council of such city or town where such work has been performed, to issue warrant or warrants to the proper parties for the payment of all such expense. Said warrant or warrants to be paid by the treasurer of such city or town as other warrants are paid.

History. Laws 1903, ch. 94, § 2; C.S. 1910, § 2951; C.S. 1920, § 3614; R.S. 1931, § 103-223; C.S. 1945, § 63-113; W.S. 1957, § 35-20; Laws 1991, ch. 221, § 2.

Cross references. —

For powers of cities and towns in regards to public health, see § 15-1-103 .

§ 35-1-227. Supervision of county health officers.

The county health officers of this state shall be under the direction and supervision of the state department of health, and the state department of health shall have authority to make such rules and regulations for the government and direction of said county health officers as in their judgment may be best suited to maintain the public health.

History. Laws 1901, ch. 55, § 18; C.S. 1910, § 2945; C.S. 1920, § 3608; R.S. 1931, § 103-217; C.S. 1945, § 63-123; W.S. 1957, § 35-21; Laws 1991, ch. 221, § 2.

§ 35-1-228. [Repealed.]

Repealed by Laws 1991, ch. 221, § 3.

Editor's notes. —

This section, which derived from Laws 1925, ch. 123, § 1, related to the sale of domestic salt and the prevention of goiter.

§ 35-1-229. Rules and regulations.

1. The state department of health is hereby empowered and directed to make such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this act, including rules and regulations providing for the control and treatment of persons isolated or quarantined under the provisions of W.S. 35-4-133 and 35-4-134 , and such other rules and regulations not in conflict with provisions of this act concerning the control of venereal diseases and concerning the care, treatment and quarantine of persons infected therewith as it may from time to time deem advisable. All such regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this act and shall have the force and effect of law; provided, further, that the expense incident to the quarantine and treatment of venereally infected persons in prisons shall be borne by the county in which the person or persons are imprisoned, excepting inmates of state institutions which shall be borne by the state, when evidenced by proper vouchers and receipts approved by the department of health.
2. The department of health may promulgate rules and regulations to set standards for the chemical, bacteriological, physical or radiological content of a small water supply and shall be applicable only when a legal interest in real property to which the small water supply is appurtenant is conveyed from one (1) party to another or when a conveyance is reasonably anticipated and when such standards are required by a lender. As used in this subsection, “small water supply” means any water supply with not more than nine (9) service connections, which is currently used for human consumption or for which plans exist for its future use for human consumption. The cost of any testing to determine the chemical, bacteriological, physical or radiological content of a small water supply shall be borne by the parties.

History. Laws 1921, ch. 160, § 26; R.S. 1931, § 103-237; C.S. 1945, § 63-142; W.S. 1957, § 35-23; Laws 1991, ch. 221, § 2; 1995, ch. 184, § 1; 1996, ch. 66, § 1.

Cross references. —

As to penalty for violation of rules and regulations, see § 35-1-106 .

As to rules and regulations of county, municipal and district health departments, see § 35-1-303 .

As to rules and regulations relative to communicable diseases, see § 35-4-101 .

As to quarantine regulations generally, see § 35-4-104 .

For provisions concerning venereal diseases, see §§ 35-4-130 to 35-4-138 .

Meaning of “this act.” —

As to meaning of “this act,” see Editor's note to § 35-1-101 .

Cited in

Distad v. Cubin, 633 P.2d 167, 1981 Wyo. LEXIS 370 (Wyo. 1981).

§ 35-1-240. Powers and duties.

1. Subject to subsection (c) of this section, the department of health, through the state health officer, or under his direction and supervision, through the other employees of the department, shall have and exercise the following powers and duties:
   1. To exercise in Wyoming, all the rights and powers and perform all duties hereunder;
   2. To investigate and control the causes of epidemic, endemic, communicable, occupational and other diseases and afflictions, and physical disabilities resulting therefrom, affecting the public health;
   3. To establish, maintain and enforce isolation and quarantine, and in pursuance thereof, and for such purpose only, to exercise such physical control over property and over the persons of the people within this state as the state health officer may find necessary for the protection of the public health;
   4. To close theaters, schools and other public places, and to forbid gatherings of people when necessary to protect the public health;
   5. To abate nuisances when necessary for the protection of the public health;
   6. To enforce such sanitary standards for the protection of public health as to the quality of water supplied to the public and as to the quality of the effluent of sewerage systems and trade wastes discharged upon the land or into the surface or ground waters of the state, as are or may be established by law, and to advise with municipalities, utilities, institutions, organizations and individuals, concerning the methods or processes believed by him best suited to provide the protection or purification of water and the treatment of sewage and trade wastes to meet such minimum standards;
   7. To collect, compile, and tabulate reports of marriages, divorces and annulments, births, deaths and morbidity, and to require any person having information with regard to the same to make such reports;
   8. To regulate the disposal, transportation, interment and disinterment of the dead;
   9. To establish, maintain and approve chemical, bacteriological and biological laboratories and to conduct or require such laboratory investigations and examinations as it may deem necessary or proper for the protection of the public health;
   10. To make, approve, and require standard diagnostic tests and to prepare, distribute and require the completion of forms of certificates with respect thereto;
   11. To purchase and to distribute to licensed physicians, with or without charge, as the department may determine, or to administer such vaccines, serums, toxoids and other approved biological or therapeutic products as may be necessary for the protection of the public health;
   12. To exercise sanitary control over the use of water employed in the irrigation of vegetables or other edible crops intended for human consumption, and to exercise sanitary control over the use of fertilizer derived from excreta of human beings or from the sludge of sewage disposal plants. The state health officer shall have authority to impound any and all vegetables and other edible crops and meat and animal products intended for human consumption which have been grown or produced in violation of the orders, rules and regulations of the department, and upon five (5) days notice and after affording reasonable opportunity for a hearing, to the interested parties before the state health officer or his designee, to condemn and destroy the same if it deems such necessary for the protection of the public health;
   13. To certify, inspect and exercise sanitary control over hospitals, sanitoriums, convalescent homes, maternity homes, asylums, and other similar institutions;
   14. To establish standards and make sanitary, sewerage and health inspections for charitable, penal and other state and county institutions;
   15. To enforce current sanitary standards, or those that may be established by law, for the operation and maintenance of lodging houses, hotels, public conveyances and stations, schools, factories, workshops, industrial and labor camps, recreational resorts and camps, and other buildings, centers and places used for public gatherings;
   16. To establish and enforce sanitary standards for the operation of toilet facilities in all garages, filling stations and other places of business which maintain such facilities for the convenience of their patrons;
   17. To disseminate public health information;
   18. To exercise all the rights and powers and perform all the duties vested in or imposed by law upon the state department of health, its officers and employees, as constituted before this act, becomes effective; to hold hearings, administer oaths, subpoena witnesses and take testimony in all matters relating to the exercise and performances of the powers and duties vested in or imposed upon the department;
   19. To advise the director of the department about public health issues, programs and policies for the state;
   20. To operate a public health nursing program which may include, but is not limited to, provision of immunizations, evaluation of the need of individuals for nursing home admission or services and the operation of an infant public health nurse home visitation subprogram. The public health nursing program may, where and to the extent appropriate, be administered through or in conjunction with county, municipal or district health departments;
   21. During a public health emergency as defined by W.S. 35-4-115(a)(i), the state health officer may prescribe pharmaceutical or therapeutic interventions en masse as necessary to protect the public health;
   22. Administer the Wyoming physician recruitment grant program provided in W.S. 35-1-1101 ;
   23. If the duty is not assigned to another entity pursuant to W.S. 35-1-1202 , develop initiatives and provide information to the public regarding palliative care as provided in W.S. 35-1-1203 .
2. In carrying out duties prescribed under paragraphs (a)(ii) and (vii) of this section, the department shall:
   1. Develop and require the uniform registration and reporting of medical information by hospitals, physicians and other health care providers as necessary to establish the Wyoming central tumor registry in accordance with the American college of surgeons guidelines;
   2. By rule and regulation establish registration fees for hospitals, physicians or other health care providers required to register medical information with the registry under paragraph (b)(i) of this section in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates but does not exceed the direct and indirect costs of administering and operating the registry. Fees collected under this paragraph shall be deposited in the general fund.
3. Any order issued under this section that restricts individuals’ movements or their ability to engage in any activity, that applies to individuals not under an isolation or quarantine order and that is designed to prevent or limit the transmission of a contagious or possibly contagious disease shall be effective for a period of not more than ten (10) days. Subsequent orders for the same or substantially same purpose shall only be issued by the governor, with consultation provided by the state health officer and shall be in effect for not more than sixty (60) days.

History. Laws 1947, ch. 67, § 6; 1955, ch. 233, § 4; W.S. 1957, § 35-25; Laws 1961, ch. 135, § 16; 1969, ch. 218, § 10; 1991, ch. 221, § 2; 1992, ch. 63, § 1; 2000, ch. 37, § 3; ch. 74, § 2; 2003, ch. 83, § 2; ch. 101, § 2; 2008, ch. 121, § 2; 2017, ch. 194, § 2; 2021, ch. 168, § 2.

Cross references. —

For provisions on vital records, see §§ 35-1-401 to 35-1-431 .

As to authority to maintain service of industrial hygiene, see § 35-1-502 .

As to investigation of communicable diseases, see § 35-4-103 .

For provisions concerning quarantine, see §§ 35-4-104 and 35-4-105 .

As to examination for venereal diseases, see § 35-4-133 .

As to protection of public water supply, see §§ 35-4-201 , 35-4-202 and 35-4-220 to 35-4-223 .

As to disposal of unclaimed bodies, see §§ 35-4-601 to 35-4-607 .

As to the duty of the director of the department of health with regard to a food safety system, see § 35-7-123 .

As to license required for any person processing, distributing, storing or preparing food for wholesale or retail use, see § 35-7-124 .

As to public health nursing infant home visitation subprogram, see § 35-27-101 et seq.

As to criminal procedure for abatement of nuisances, see §§ 6-6-201 to 6-6-209 .

For present provisions pertaining to swimming pools and public baths, see § 35-28-101 et seq.

The 2008 amendment, added (a)(xxii).

Laws 2008, ch. 121, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2017 amendment added (a)(xxiii).

Laws 2017, ch. 194, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

The 2021 amendment , effective July 1, 2021, in (a), added "Subject to subsection (c) of this section," and made a related change; and added (c).

Editor's notes. —

Laws 1961, ch. 135, § 17, makes the act effective from and after January 1, 1962.

Applicability. —

Laws 2021, ch. 168, § 4, provides: "This act shall only apply to orders issued by the state health officer or municipal, county or district health officers on or after the effective date of this act. No order issued before the effective date of this act shall be subject to this act during any period for which the public health order is effective."

Quoted in

Combined Ins. Co. of Am. v. Sinclair, 584 P.2d 1034, 1978 Wyo. LEXIS 229 (Wyo. 1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of employee to injunction preventing employer from exposing employee to tobacco smoke in workplace, 37 ALR4th 480.

Computer as nuisance, 45 ALR4th 1212.

Propriety of state or local government health officer's warrantless search — post-Camara cases, 53 ALR4th 1168.

§ 35-1-241. Safe disposal of corpses in emergency circumstances.

1. The state health officer in consultation with the appropriate county coroner, during the period that a public health emergency exists, may:
   1. Adopt and enforce measures to provide for the safe disposal of corpses as may be reasonable and necessary for emergency response. These measures may include the embalming, burial, cremation, interment, disinterment, transportation and disposal of corpses;
   2. Take possession or control of any corpse;
   3. Order the disposal of any corpse of a person who has died of an infectious disease through burial or cremation within twenty-four (24) hours after death;
   4. Compel any person authorized to embalm, bury, cremate, inter, disinter, transport or dispose of corpses to accept any corpse or provide the use of his business or facility if the actions are reasonable and necessary for emergency response. The use of a business or facility may include transferring the management and supervision of the business or facility to the state health officer and granting the right for the state health officer to take immediate possession for a limited or unlimited period of time, but shall not exceed beyond the termination of the public health emergency.
2. Every corpse prior to disposal pursuant to subsection (a) of this section shall be clearly labeled with all available information to identify the decedent and the circumstances of death. Any corpse of a deceased person with an infectious disease shall have an external, clearly visible tag indicating that the corpse is infected and, if known, the infectious disease.
3. Every person in charge of disposing of any corpse pursuant to subsection (a) of this section shall maintain a written record of each corpse and all available information to identify the decedent and the circumstances of death and disposal. If a corpse cannot be identified, prior to disposal a qualified person shall, to the extent possible, take fingerprints and one (1) or more photographs of the corpse, and collect a DNA specimen. All information collected under this subsection shall be promptly forwarded to the state health official.
4. As used in this section “public health emergency” means as defined by W.S. 35-4-115(a)(i).

History. Laws 2003, ch. 83, § 1.

Cross references. —

As to authority of sheriff to perform duties of coroner, see § 7-4-208 .

As to penalty for mutilation of dead human bodies, see § 6-4-502 .

As to embalmers, funeral directors, undertakers and crematories, see § 33-16-101 et seq.

§ 35-1-242. Public health nursing. [Repealed]

History. Laws 2014, ch. 120, § 1; Repealed by Laws 2016, ch. 69, § 2.

§ 35-1-243. Public health nursing.

1. In exercising its powers and duties under W.S. 35-1-240(a)(xx), the department of health may enter into memoranda of understanding with the several counties separately for the organization, management, delivery and financing of public health nursing and related functions. The county commissioners of each county shall have at least the following choices for organizing public health nursing and related functions:
   1. A partnership memorandum of understanding system;
   2. A state administered public health nursing system with a county contribution; or
   3. Subject to the limitation stated in subsection (e) of this section, a system under which the state contracts with a county for the provision of all or a portion of the public health nursing and other public health functions.
2. A memorandum of understanding entered into pursuant to this section may:
   1. Specify how the state and county employees will be supervised and disciplined;
   2. Specify the hours that public health offices will be open and the holidays that will be observed and may require both state and county employees in the public health functions to conform to a common work schedule, which may be different in different counties;
   3. Specify which resources, including financial and physical resources, will be furnished by the state and which by the county or other local entity;
   4. Contain any other provisions useful in the organization, management or delivery of public health services.
3. Any county entering into a memorandum of understanding with the department to provide public health nursing services under the systems specified in paragraph (a)(i) or (ii) of this section shall be allowed to provide services under a different system specified in paragraph (a)(i), (ii) or (iii) of this section at any time on or before July 1, 2018. After July 1, 2018, a county shall not be allowed to change the system under which public health nursing services are provided unless the department consents to the change.
4. If the commissioners of a county enter into a memorandum of understanding to provide public health nursing services under the system specified in paragraph (a)(ii) of this section, at the request of the commissioners of the county, county employee positions assisting in providing public health functions may be transferred to state at-will employee contract positions under W.S. 9-2-3207(a)(xi)(F) or to permanent state positions, provided that the number of positions transferred under this subsection shall not exceed the largest number of public health nursing positions in the county between July 1 and December 31 of the year prior to the transfer. A transfer under this subsection shall mean payment of monies to the department for the purpose of creating a position under W.S. 35-1-243(a)(ii). Any state employee position created shall comply with the state of Wyoming personnel rules. The department may charge an administrative fee and accept county or other local funds to defray the cost of transferred positions as provided in the memorandum of understanding. The funds shall be deposited by the state treasurer in a separate account. The funds in the account are continuously appropriated to the department of health and shall be paid out upon request of the department as provided by law. Positions transferred under this subsection into state permanent positions shall be paid benefits in the same manner and at the same rates as for comparable state employees pursuant to the state of Wyoming compensation policy. The department’s authorization for employee positions shall be expanded by operation of law to accommodate all positions transferred to the state under this subsection and shall continue so long as the county that requested the transfers satisfies its obligations under its memorandum of understanding with the department. Upon a county’s failure to make all payments required by its memorandum of understanding with the department or upon the county’s request, the department shall no longer have any state positions transferred by the county under this subsection and, upon written notice to the transferred employees and the county, shall follow the state of Wyoming personnel rules regarding reductions in force. All positions created under this subsection shall be included within the department’s standard or supplemental budget request.
5. Any entity providing public health nursing services under paragraph (a)(i) or (ii) of this section and which maintains a city, county or district board of health under W.S. 35-1-301 through 35-1-309 may enter into a contract with the department to perform public health nursing services under paragraph (a)(iii) of this section pursuant to subsection (c) of this section. This subsection and any contract made pursuant to it shall be operable only for the period for which the department is specifically authorized by law to transfer funds between expenditure series for the purpose of making payments to those entities that operate public health nursing services pursuant to this subsection. The department’s authorization for employee positions shall be reduced automatically to correspond with any transfer of funds from a salary expenditure series to a contract series. All contracts made pursuant to this subsection shall be conditioned upon the availability of appropriate funding and the authority to transfer funds as provided in this subsection. A contract made pursuant to this subsection shall provide, with as much specificity as is reasonable and practical given the time available, the services to be performed, the resources and other assistance to be provided by the state and the outcomes expected.
6. If the commissioners of two (2) or more counties desire to form a joint powers board to manage all or part of the public health functions in the respective counties, the relevant memoranda of understanding may be modified accordingly and may provide for transition to a joint powers board upon its creation pursuant to the Wyoming Joint Powers Act.
7. The county commissioners of each county may choose for all or a portion of their county to use, for the delivery and management of public health nursing and related functions, any existing organization which currently delivers any or all public health services.

History. Laws 2016, ch. 69, § 1; 2021, ch. 56, § 3.

The 2021 amendment substituted "9-2-3207(a)(xi)(F)" for "9-2-1022(a)(xi)(F)" in the first sentence of (d).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Effective date. —

Laws 2016, ch. 69, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-1-244. Public health laboratory fees.

1. The department of health may charge reasonable fees for laboratory testing services provided to other state agencies, local law enforcement entities and other individuals or organizations in accordance with the following:
   1. Fees shall be established by rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;
   2. Fees shall be established in an amount sufficient to recoup the department’s cost of providing the laboratory testing services.
2. The department shall only charge fees pursuant to this section if the department makes personnel available to testify in criminal trials as to the department’s laboratory testing results.
3. Fees collected by the department pursuant to this section shall be credited to a special revenue account. No funds shall be expended from the special revenue account unless and until the legislature appropriates the funds.

History. Laws 2016, ch. 98, § 1.

This section is set out as reconciled by the Wyoming legislative service office.

Effective date. —

Laws 2016, ch. 98, § 2, makes the act effective July 1, 2016. Approved March 11, 2016.

§ 35-1-301. Definitions; establishment; participation by municipality in district department.

1. For the purposes of this act [§§ 35-1-301 through 35-1-309 ], the word “municipality” shall mean and include any town, village or city of this state, and the word “district” shall mean and include any combination of said towns, villages, cities and counties of this state.
2. Any county, municipality, or district may, by resolution of the board of county commissioners or municipal governing body or by a majority of the votes cast by the qualified electors of such county, municipality, or district, establish and maintain a county, municipal, or district health department.
3. Any two (2) or more adjacent counties may, by resolutions of the boards of county commissioners or by a majority of the votes cast by the qualified electors establish and maintain a district health department.
4. Any municipality within a health department district may, by resolution of the municipal governing body or by a majority of the votes cast by the qualified electors of such municipality, participate in such a district health department.

History. Laws 1951, ch. 133, § 1; 1955, ch. 48, § 1; W.S. 1957, § 35-27.

Am. Jur. 2d, ALR and C.J.S. references. —

Propriety of state or local government health officer's warrantless search — post-Camara cases, 53 ALR4th 1168.

§ 35-1-302. Organization of units; membership of boards; removal.

1. Within thirty (30) days after the adoption of a resolution or resolutions to establish and maintain a county and/or city or district health department, the board or boards of county commissioners and/or city governing body, as the case may be, shall proceed to organize such a department by the appointment of a county and/or city or district board of health, hereinafter referred to as the board.
2. Each county and/or city board of health shall consist of five (5) members, all of whom shall be qualified electors of the county in which they serve, and one (1) shall have the degree of doctor of medicine and one (1) shall have the degree of doctor of dental surgery when available in said county. One (1) member of the board to be appointed for one (1) year; one (1) for two (2) years; one (1) for three (3) years, one (1) for four (4) years; and one (1) for five (5) years. Thereafter appointments for full term shall be for five (5) years. Vacancies for unexpired terms shall be filled by appointment by the board of county commissioners and/or city governing body.
3. The number of members on the district board shall be at least equal to the number of participating political subdivisions; each participating political subdivision shall have at least one (1) representative on the board; the board shall not have less than seven (7) members; at least one (1) member of the board shall have the degree of doctor of medicine and at least one (1) member shall have the degree of doctor of dental surgery. For the original board, one (1) member shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, two (2) for three (3) years, two (2) for four (4) years. Thereafter, each appointment shall be for a term of four (4) years. The district board of health shall be appointed by a committee composed of one (1) member of each of the boards of county commissioners of the counties comprising the district.
4. Meetings of the board shall be held quarterly at such place as is designated by the board and at such other time as may be desirable upon call by the county and/or city or district health officer. Members of the board shall serve without compensation, but shall be entitled to payment for travel and other necessary expense incurred while attending meetings of the board.
5. The governing body which appointed the member of the board may remove that member of the board for cause without a public hearing unless the member requests that the action be taken during a public hearing. Vacancies on the board shall be filled by the governing body for the balance of the unexpired term created by the vacancy.

History. Laws 1951, ch. 133, § 2; W.S. 1957, § 35-28; 2012, ch. 104, § 1.

The 2012 amendment, added (e).

Laws 2012, ch. 104 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

§ 35-1-303. Rules and regulations; jurisdiction.

1. County and/or city and district boards of health may enact rules and regulations pertaining to the prevention of disease and the promotion of public health in the area over which such respective boards have jurisdiction. But in no instance shall such rules and regulations be less effective than, or in conflict with, rules and regulations promulgated by the state department of health. The district and/or city health officers shall have all powers vested by law in county health officers.
2. The jurisdiction of the county and/or city or district health department shall extend over all unincorporated areas and over all municipalities within the territorial limits of the county or counties comprising the district except municipalities of Class I may maintain their own health departments. However, any municipalities of Class I may merge its health services with that of the county or district in which such city is located.

History. Laws 1951, ch. 133, § 3; W.S. 1957, § 35-29; Laws 1991, ch. 221, § 2.

Cross references. —

For provision governing rules and regulations generally, see § 35-1-229 .

As to the duties of a local board of health with regard to a food safety system, see § 35-7-123 .

For provisions concerning organization, etc., of first class cities, see § 15-3-101 et seq.

§ 35-1-304. Treasurer designated; fund to be created; composition and use of fund; preparation and submission of budget; tax levy authorized.

1. In the case of a county and/or city health department, the county and/or city treasurer, as a part of his official duties as county and/or city treasurer, shall serve as treasurer of the department, and his official bond as county and/or city treasurer shall extend to and cover his duties as treasurer of the department. In the case of a district health department, the county treasurer of the county in the district having the largest population, as a part of his official duties as county treasurer, shall serve as treasurer of the district department and his official bond as county treasurer shall extend to and cover his duties as treasurer of the department.
2. The treasurer of a county and/or city or district health department shall, upon organization of the department, create a county and/or city or district health department fund to which shall be credited:
   1. Any moneys that may be appropriated from the general county fund or funds;
   2. Any moneys received from state, federal or other grants or donations for local health purposes;
   3. Any moneys received from mill levies authorized by this act [§§ 35-1-301 through 35-1-309 ].
3. Any moneys credited to said fund shall be expended only for maintenance and operation of the department and claims or demands against said fund shall be allowed upon certification by the health officer or a designated member of the board of health.
4. A county and/or city board of health shall, annually before April 1st of each year, estimate the total cost of maintaining the department for the ensuing fiscal year, and the amount of moneys that may be available from unexpended surpluses or from state or federal grants or other grants or donations. The estimates shall be submitted in the form of a budget to the board of county commissioners and/or city governing body and the board shall provide any moneys necessary over estimated moneys from surpluses, grants and donations to cover the total cost of maintaining the department for the ensuing fiscal year. If the city has chosen to have a biennial budget pursuant to W.S. 16-4-104(h), then the city board of health shall submit their budget to the city on April 1 of every other year in accordance with the city budget.
5. A district board of health shall, annually before April 1st of each year, estimate the total cost of maintaining and operating the department for the ensuing fiscal year and the amount of monies that may be available from unexpended surpluses or from state or federal grants or other grants or donations. The estimates shall be submitted in the form of a budget to a committee composed of the chairmen of the boards of county commissioners and/or city governing body of all counties and/or cities comprising the district. The cost of maintaining and operating the department, over estimated monies from surpluses, grants or donations, shall be apportioned by the committee among the counties comprising the district on a basis of population of each participating county in proportion to the total population of all counties comprising the district. The boards of county commissioners of the respective counties shall provide any monies necessary to cover the proportionate share of their county. If the cities in the district have chosen to have a biennial budget pursuant to W.S. 16-4-104(h), then the district board of health shall submit their budget to the cities on April 1 of every other year in accordance with the cities’ budget. If all the cities in the district are not on the same budget schedule, the district shall still submit a biennial budget. However, for those cities who budget annually, they shall appropriate an annual amount.
6. A tax levy may be made by the board of county commissioners specifically for the public health purposes on assessed valuation.

History. Laws 1951, ch. 133, § 4; W.S. 1957, § 35-30; Laws 1994, ch. 19, § 1; 2001, ch. 194, § 1; 2009, ch. 170, § 1.

Cross references. —

As to duties generally of treasurers of first class cities, see §§ 15-3-208 to 15-3-210 .

As to bond and duties of county treasurer, see §§ 18-3-801 to 18-3-814 .

For provisions relating to surety bonds of county and city treasurers, see §§ 38-2-101 to 38-2-109 .

The 2009 amendment, effective July 1, 2009, deleted “as determined by the last federal census” following “having the largest population” in the second sentence of (a); and in (e), substituted “monies” for “moneys” throughout the subsection and, in the third sentence, deleted “as determined by the last federal census” following “on a basis of population.”

Editor's notes. —

Laws 2009, ch. 170, § 3, provides: “(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

§ 35-1-305. Appointment of health officers and other personnel generally; local board of health may fix fees for certain services.

1. In the counties, municipalities or districts where health departments are created, as provided herein, the local board of health may appoint a full-time or part-time health officer, deputy health officers, public health nurses, sanitarians, environmental health specialists and such other public health personnel as may be deemed necessary to adequately protect the public health. Any full-time or part-time health officer shall have a degree of doctor of medicine, be an advanced practice registered nurse as defined in W.S. 33-21-120(a)(i) or be a physician assistant as defined in W.S. 33-26-501(a)(iii). A full-time or part-time health officer appointed under this section shall assist the state department of health in carrying out the provisions of all health and sanitary laws and regulations of the state and shall complete continuing education in public health as directed by the local board of health. Subject to subsection (c) of this section, the local board of health may fix reasonable fees and charges for services, except for follow-up of communicable diseases and for individuals who receive services under the public health nursing infant home visitation subprogram created by W.S. 35-27-102 . No person shall be denied necessary nursing services within the limits of available personnel because of an inability to pay the cost of such services.
   1. through (v) Repealed by Laws 2001, ch. 127, § 2.
2. All moneys collected hereunder shall be paid directly to the city or county treasurer and placed in the corresponding health department fund.
3. Prior to the establishment of any fee under this section, the local board of health, the city council or the board of county commissioners, as appropriate, shall hold a public hearing after providing forty-five (45) days written notice of the hearing. No fee shall be imposed by the local board of health under this section without the prior approval of the city council or the board of county commissioners, as appropriate. No fee established under this section shall exceed five hundred dollars ($500.00).

History. Laws 1951, ch. 133, § 5; 1955, ch. 48, § 2; W.S. 1957, § 35-31; Laws 1961, ch. 207, § 2; 1989, ch. 199, § 1; 2001, ch. 127, §§ 1, 2; 2003, ch. 108, § 1; 2021, ch. 49, § 1.

Cross references. —

As to supervision of county health officers, see § 35-1-227 .

As to establishment of local health departments, see § 35-1-301 .

For provisions dealing with health department funds, see § 35-1-304 .

The 2021 amendment , effective July 1, 2021, in (a), added the second and third sentences and made stylistic changes.

Applicability. —

Laws 2021, ch. 49, § 2, provides: “This act applies to persons appointed as county, municipal or district health officers on and after July 1, 2021.”

§ 35-1-306. Appointment of health officer and other personnel where departments not established; fees and charges for services; payment.

1. In counties or municipalities where such departments are not established the boards of county commissioners or municipal governing body shall appoint the county or municipal health officer and other necessary personnel. The governing body of any combination of municipalities, counties, or municipalities and counties where such departments are not established may form a health district and appoint a district health officer thereof. The term of office for the county, municipal or district health officer shall be four (4) years unless sooner removed by the board of county commissioners, municipal or district governing body. The county, municipal or district health officer shall have a degree of doctor of medicine, be an advanced practice registered nurse as defined in W.S. 33-21-120(a)(i) or be a physician assistant as defined in W.S. 33-26-501(a)(iii). The county, municipal or district health officer shall assist the state department of health in carrying out the provisions of all health and sanitary laws and regulations of the state and shall complete continuing education in public health as directed by the local board of county commissioners, health district or municipal governing body.
2. Each part-time county, municipal, or district health officer shall receive a minimum compensation of not less than twenty-five dollars ($25.00) per month and necessary travel expenses incurred while engaged in the duties of his office.
3. There is hereby authorized to be appointed by the boards of county commissioners, municipal, or district governing bodies so desiring, a deputy health officer, public health nurses, sanitarians, and such other public health personnel as may be deemed necessary to adequately protect the public health to serve under the county, municipal or district health officer. Such deputy health officer shall have the same authority in his area as the health officer and shall be compensated at a maximum rate of two-thirds the salary paid to the health officer of the county, municipality or district.
4. Each public health nurse, sanitarian, and such other professional public health personnel appointed under the provisions of this act [§§ 35-1-301 through 35-1-309 ] shall meet the position specifications established by the state merit rule for such positions. Boards of county commissioners, municipal, or district governing bodies are authorized and empowered to make appropriations for the compensation and necessary expenses for such public health personnel from such unencumbered funds as may be available. Said boards shall have the power to set all salaries for all personnel.
5. Boards of county commissioners, municipal or district governing bodies may fix reasonable fees and charges for services, except for follow-up of communicable diseases and for individuals who receive services under the public health nursing infant home visitation subprogram created by W.S. 35-27-102 . No person shall be denied necessary nursing services within the limits of available personnel because of an inability to pay the cost of such services.
   1. through (v) Repealed by Laws 2001, ch. 127, § 2.
6. Payment, in whole or in part for such services may be accepted from any person. Payment of any charges due may be accepted from a local county, state or federal public assistance agency or any combination thereof; or from any individual, governmental agency, or corporation, public or private, when such services are provided any person, including but not limited to a recipient of any type of social security aids administered by the federal or state governments, or a recipient of direct relief.
7. All monies collected or appropriated hereunder shall be paid directly to the treasurer of the county, municipality or district, as the case may be, for credit to a county, municipal, or district health fund in the manner provided in W.S. 35-1-304 , for county, municipal, and district health departments. Any monies credited to said fund shall be expended only for the compensation and necessary expenses for such public health personnel and claims or demand against said fund shall be allowed upon certification by the health officer or a designated member of the governing board.

History. Laws 1951, ch. 133, § 6; 1955, ch. 48, § 3; W.S. 1957, § 35-32; Laws 1963, ch. 132, § 1; 1989, ch. 199, § 1; 1991, ch. 221, § 2; 2001, ch. 127, §§ 1, 2; 2021, ch. 49, § 1.

Cross references. —

As to supervision of county health officers, see § 35-1-227 .

The 2021 amendment , effective July 1, 2021, rewrote the last sentence of (a), which read, "He shall have a degree of doctor of medicine, and shall assist the state department of health in carrying out the provisions of all health and sanitary laws and regulations of the state."

Applicability. —

Laws 2021, ch. 49, § 2, provides: “This act applies to persons appointed as county, municipal or district health officers on and after July 1, 2021.”

§ 35-1-307. Purpose of health units.

The establishment of full-time local health units is for public health and preventive medical purposes for the people of the state of Wyoming.

History. Laws 1951, ch. 133, § 7; W.S. 1957, § 35-33.

§ 35-1-308. Dissolution and discontinuance.

Any county and/or city or district health department may be dissolved and discontinued by resolution of the board of county commissioners and/or city governing body of a county and/or city maintaining a county and/or city health department, or by resolutions of the boards of county commissioners and/or city governing board of the counties and/or cities maintaining a district health department; provided, however, that no department shall be dissolved within the two (2) year period following the date of its establishment. Within ninety (90) days after the passage of a resolution or resolutions dissolving a department, the county and/or city or district board of health shall proceed to terminate the affairs of the department. After payment of all obligations, any moneys remaining in a county and/or city health department fund shall be credited to the general fund of the county and/or city, and any moneys remaining in a district health department fund shall be apportioned among the counties comprising the district in the same manner as the cost of maintaining the department was apportioned among the counties, and credited to their respective general funds. All other property of the county and/or city or district health department shall be disposed of as may be agreed upon by the county and/or city or district board of health.

History. Laws 1951, ch. 133, § 8; W.S. 1957, § 35-34.

§ 35-1-309. Adjacent county without department becoming part of health district by agreement.

1. Generally. — Any county adjacent to a district maintaining a district health department may become a part of such district by agreement between its board of county commissioners and the boards of county commissioners of the counties comprising the district. Any such county upon being accepted into the district, shall thereupon become subject to all the provisions of this act [§§ 35-1-301 through 35-1-309 ] as though it were originally a part of the district.
2. Withdrawing from districts. — Any county in a district may withdraw from the district by resolution of its board of county commissioners; provided, however, that no county may withdraw from a district within the two (2) year period following the establishment of the district or the county’s becoming a part of the district, and then only after ninety (90) days written notice given to the department. In the event of withdrawal of a county from a district, any funds which had been appropriated by the county before withdrawal, to cover its proportionate share of maintaining the district, shall not be returned to the county withdrawing.

History. Laws 1951, ch. 133, § 9; W.S. 1957, § 35-35.

§ 35-1-310. Limitation on orders.

1. No public health order requested or issued by a county, municipal or district health officer under this article shall become effective without notice being provided to the public not less than forty-eight (48) hours before the order is to become effective and an opportunity to provide public comment through written and electronic submissions is provided, except when the delay will result in immediate and life threatening physical harm, exposure or transmission beyond the existing affected area. Any order issued under this chapter by a county, municipal or district health officer that restricts individuals’ movements or their ability to engage in any activity, that applies to individuals not under an isolation or quarantine order and that is designed to prevent or limit the transmission of a contagious or possibly contagious disease shall be effective for a period of not more than ten (10) days. Subsequent orders, including order extensions, for the same or substantially same purpose of any duration shall only be issued as follows:
   1. The board of county commissioners, by a vote of the majority of the board, may issue an order subsequent to an order issued by a county health officer;
   2. The governing body of a municipality, by a vote of the majority of the governing body, may issue an order subsequent to an order issued by a municipal health officer;
   3. The governing body of a political subdivision that is a member of a health district or a district health department, by a majority vote of the governing body, may issue an order subsequent to an order issued by a district health officer to have effect within the governing body’s political subdivision only.
2. Nothing in this chapter shall be construed to limit a parent or guardian’s right to the care, custody and control of a minor child under the care of the parent or guardian.
3. Nothing in this chapter shall be construed to limit a caregiver’s right to the care, custody and control of a vulnerable adult.
4. As used in this section:
   1. “Caregiver” means a family member responsible, or a person with court ordered responsibility, for the care, custody and control of a vulnerable adult;
   2. “Vulnerable adult” means as defined in W.S. 35-20-102(a)(xviii).

History. Laws 2021, ch. 168, § 1.

Applicability. —

Laws 2021, ch. 168, § 4, provides: "This act shall only apply to orders issued by the state health officer or municipal, county or district health officers on or after the effective date of this act. No order issued before the effective date of this act shall be subject to this act during any period for which the public health order is effective."

Effective date. —

Laws 2021, ch. 168, § 5, makes the act effective July 1, 2021.

§ 35-1-401. Definitions.

1. As used in this act [§§ 35-1-401 through 35-1-431 ]:
   1. “Vital records” means records of birth, death, stillbirth, marriage, divorce and data relating thereto;
   2. “System of vital records” includes the registration, collection, preservation, amendment, and certification of vital records and activities related thereto including the tabulation, analysis, and publication of statistical data derived from such records;
   3. “Filing” means the presentation of a certificate, report, or other record of a birth, death, stillbirth, adoption, marriage, or divorce, for registration by vital records services;
   4. “Registration” means the acceptance by vital records services and the incorporation in its official records of certificates, reports or other records of births, deaths, stillbirths, adoption, marriages, and divorces;
   5. “Live birth” means the complete expulsion or extraction from its mother or its gestational carrier of a fetus, which after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;
   6. “Stillbirth” means a birth after twenty (20) completed weeks gestation in which the child shows no evidence of life after complete birth;
   7. “Dead body” means a lifeless human body, or such severed parts of the human body, or the bones thereof, from the state of which it reasonably may be concluded that death occurred;
   8. “Final disposition” means the burial, interment, cremation, or other disposition of a dead body or stillbirth;
   9. “Person in charge of interment” means any person who places or causes to be placed a deceased, stillbirth, or dead body, or after cremation the ashes thereof, in the earth, a grave, tomb, vault, urn or other receptacle, either in a cemetery or at any other place, or otherwise disposes of a body;
   10. “Physician” means a person authorized or licensed to practice medicine as provided in W.S. 33-26-101 through 33-26-601 ;
   11. “Institution” means any establishment, public or private, which provides inpatient medical, surgical or diagnostic care or treatment, or nursing, custodial or domiciliary care to two (2) or more unrelated individuals, or to which persons are committed by law;
   12. “Advanced practice registered nurse” means as provided in W.S. 33-21-120(a)(i);
   13. “Physician assistant” means as provided in W.S. 33-26-501(a)(iii);
   14. “Gestational agreement” means a written, notarized agreement between two (2) intended parents and a gestational carrier where:
       1. The gestational carrier agrees to pregnancy by means of assisted reproduction;
       2. The gestational carrier, and her spouse if she is married, agree to relinquish all rights and duties as the parent of any child that is delivered from the gestational carrier;
       3. The agreement specifies that the intended parents shall become the parents of the child;
       4. All parties to the agreement are twenty-one (21) years of age or older;
       5. The intended parents have been residents of the state of Wyoming for not less than one (1) year immediately preceding the date of the gestational agreement;
       6. The agreement is filed with the state registrar of vital records. Any agreement filed under this subparagraph shall be sealed and placed in a special file and may be opened only upon order of a court of competent jurisdiction or as otherwise provided by law;
       7. Compensation is limited to expenses related to prenatal care, delivery of the child and any other costs including the cost of lost opportunity that are directly connected to the pregnancy.
   15. “Gestational carrier” means a woman twenty-one (21) years of age or older who gives birth to a child under a gestational agreement;
   16. “Intended parents” means two (2) persons who enter into a gestational agreement with a gestational carrier for the birth of a child for which the two (2) persons shall assume paternity or maternity.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.1; 2003, ch. 116, § 2; 2017, ch. 160, § 1; 2021, ch. 87, § 1.

The 2017 amendment added (a)(xii) and (a)(xiii).

Laws 2017, ch. 160, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 6, 2017.

The 2021 amendment, effective July 1, 2021, added “or its gestational carrier” following “mother”; and added (a)(xiv) through (a)(xvi).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-1-402. State office established.

The department of health shall establish a state office of vital records services, which shall install, maintain, and operate the system of vital records throughout this state.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.2; Laws 1991, ch. 221, § 2.

§ 35-1-403. Appointment of state registrar.

The director of the department of health shall be the state registrar. He shall appoint a deputy who shall carry out the provisions of this act [§§ 35-1-401 through 35-1-431 ].

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.3; Laws 1991, ch. 221, § 2.

§ 35-1-404. Duties of state registrar.

1. The state registrar shall:
   1. Make, promulgate and enforce all necessary rules and regulations for carrying out the purpose of this act [§§ 35-1-401 through 35-1-431 ];
   2. Receive, index and statistically compile the returns of births, deaths, stillbirths, marriages and divorces from the entire state;
   3. Prescribe and distribute such forms as are required by this act and the rules and regulations issued hereunder;
   4. Direct, supervise and control the activities of local registrars and the activities of other local officials related to the operation of the vital records system and provide them with necessary postage;
   5. Submit to the governor an annual report of the administration of this act;
   6. Keep a correct account of all fees received and turn the same over to the state treasurer as provided by law;
   7. Delegate such functions and duties vested in him to officers and employees of the office of vital records services and to the local registrars as he deems necessary or expedient;
   8. Investigate all of the cases of irregularity or violation of this act and any regulations.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.4.

Cross references. —

As to forms of certificates, see § 35-1-409 .

As to duties generally of state treasurer, see § 9-1-409 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-1-405. Registration districts.

The state registrar shall from time to time establish registration districts throughout the state. He may consolidate or subdivide such districts to facilitate registration.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.5.

§ 35-1-406. Appointment and removal of local registrars and deputy local registrars.

1. The state registrar shall appoint a local registrar and one or more deputy local registrars of vital records for each registration district. He may remove a local registrar or deputy local registrar for reasonable cause.
2. Each person so appointed shall be notified in writing, setting forth the area for which he is responsible for promoting and supervising vital registration, and he shall inform the state registrar in writing of his acceptance of the appointment.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.6.

§ 35-1-407. Duties of local registrars.

1. Each local registration official shall serve as an agent of the state registrar in his district and shall:
   1. Register only births, stillbirths and deaths that occur in his district;
   2. Examine certificates, record them in his register, numbering each in order of filing;
   3. Issue burial and removal permits for properly filed death certificates;
   4. Make prompt returns on or before the fifth day of each month to the state registrar or report that no births or deaths occurred in his district;
   5. See that the provisions of this act [§§ 35-1-401 through 35-1-431 ] are enforced in his district and that all births, stillbirths and deaths that occur are fully registered and make prompt report to the state registrar of any case of failure or neglect to file certificates;
   6. In accordance with regulations issued hereunder, the deputy local registrar shall perform the duties of the local registrar in the absence or incapacity of such local registrar and shall perform such other duties as may be prescribed by the state registrar.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.7.

Cross references. —

For authority to promulgate regulations, see § 35-1-404 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-1-408. Compensation of local registrars.

1. Each local registrar shall be paid 50 cents ($.50) for each certificate of birth, death or stillbirth registered by him and promptly transmitted to the state registrar. If no birth, death, or stillbirth is registered by him during any calendar month, the local registrar shall report that fact to the state registrar and be paid the sum of 50 cents ($.50).
2. The fee will be paid annually by the county commissioners upon the presentation of a proper claim approved by the state registrar.
3. No compensation shall be paid under this section to any full-time employee of a state or local unit of government.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.8.

§ 35-1-409. Form of certificates.

1. In order to promote and maintain uniformity of the system of vital statistics the forms of the certificates, reports and other returns required by the act [§§ 35-1-401 through 35-1-431 ] or by regulations adopted hereunder, shall include as a minimum the items recommended by the federal agency responsible for national vital statistics subject to approval of and modification by the department of health. Social security numbers, if available, will be required on death certificates.
2. Each certificate, report and form required to be filed under this act shall have entered upon its face the date of registration duly attested.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.9; Laws 1991, ch. 221, § 2; 1997, ch. 193, § 2.

Cross references. —

For authority to promulgate regulations, see § 35-1-404 .

§ 35-1-410. Birth registration.

1. A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the district in which the birth occurs within ten (10) days after such birth and shall be registered by the registrar if it has been completed in accordance with this section. When a birth occurs on a moving conveyance a birth certificate shall be filed in the district in which the child was first removed from the conveyance.
2. When a birth occurs in an institution, or en route thereto, the person in charge of the institution or a designated representative shall obtain the personal data, prepare the certificate, secure the signatures required by the certificate and file it with the local registrar. The person in attendance will certify to the facts of the birth and provide the medical information required by the certificate within seven (7) days after birth. If the attendant has not signed the certificate within seven (7) days of the date of the birth, the person in charge of the institution or a designated representative shall complete and sign the certificate.
3. When a birth occurs outside an institution, the certificate shall be prepared and filed by one (1) of the following in the indicated order of priority:
   1. The physician in attendance at or immediately after the birth, or in the absence of such a person;
   2. Any other person in attendance at or immediately after the birth; or
   3. The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
4. For purposes of birth registration, unless a court of competent jurisdiction orders otherwise at any time or except as provided in subsection (e) of this section, the woman who gives birth to the child shall be deemed the mother.
5. Upon the birth of a child under a gestational agreement, the intended parents of the child born under the gestational agreement shall be deemed to be the mother and father of the child, including for purposes of birth registration and the birth certificate, upon satisfying the following conditions:
   1. Submission of a complete application by the intended parents as the state office of vital records services prescribes; and
   2. Verification by the state office of vital records services that the gestational agreement complies with the requirements of W.S. 35-1-401(a)(xiv).

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.10; 1997, ch. 48, § 1; 2003, ch. 18, § 1; 2021, ch. 87, § 1.

Cross references. —

For provision requiring statement of blood test of mother for syphilis at birth, see § 35-4-503 .

The 2021 amendment , effective July 1, 2021, added "or except as provided in subsection (e) of this section" in (d); and added (e).

§ 35-1-411. Name of father on birth certificate.

1. If the mother was married either at the time of conception or birth of child, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless:
   1. Paternity has been determined otherwise by a court of competent jurisdiction; or
   2. The husband signs an affidavit denying that he is the father and the mother and the person to be named as the father sign an affidavit of paternity under this section. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. The name of the person signing the affidavit of paternity shall be entered as the father on the certificate of birth.
2. If the mother was not married either at the time of conception or birth of child, or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as father, unless a determination of the paternity has been made by a court of competent jurisdiction.
3. In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.
4. If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.11; 2003, ch. 93, § 2.

Cross references. —

For Wyoming Uniform Parentage Act, see §§ 14-2-401 to 14-2-901 .

Where mother married at time of conception or birth. —

The proper construction of § 14-2-102(c), when read in accordance with this section, is that the mother cannot file an affidavit of paternity if she was married either at the time of conception or the time of birth of the child. Department of Family Servs., Div. of Public Assistance & Social Servs. v. PAJ, 934 P.2d 1257, 1997 Wyo. LEXIS 54 (Wyo. 1997).

Motion for new trial.—

District court, which had granted a father’s motion to change a child’s surname, abused its discretion when it granted the mother’s motion for new trial and changed a matter of substance previously decided. Brown v. Jerding, 2020 WY 123, 472 P.3d 1038, 2020 Wyo. LEXIS 142 (Wyo. 2020).

§ 35-1-412. Report required of person assuming custody of foundlings; information to be shown; report to constitute birth certificate; subsequent identification and certificate.

1. Whoever assumes the custody of a living child of unknown parentage shall report within seven (7) days on a form to be approved by the state registrar, to the local registrar of the registration district in which custody is assumed, the following information:
   1. Date of finding or assumption of custody;
   2. Place of finding or assumption of custody;
   3. Sex;
   4. Race;
   5. Approximate age;
   6. Name and address of the person or institution with whom the child has been placed for care, if any;
   7. Name given to the child by the finder or custodian; and
   8. Other data required by the state registrar.
2. The place where the child was found, or custody has been assumed shall be known as the place of birth, and the date of birth shall be determined by approximation. The foundling report shall constitute the certificate of birth for such foundling child and the provisions of this act [§§ 35-1-401 through 35-1-431 ] relating to certificates of birth shall apply in the same manner and with the same effect to such report. If a foundling child shall later be identified and a regular certificate of birth be found or obtained, any report registered under this section shall be sealed and placed in a special file and may be opened only upon order of a court of competent jurisdiction or as provided by regulation.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.12; 2014, ch. 110, § 102.

The 2014 amendment, effective July 1, 2014, in (a)(iv), deleted “Color or.”

§ 35-1-413. Delayed registration of births.

1. When the birth of a person born in this state has not been registered, a certificate may be filed in accordance with the regulations of vital records services. The certificate shall be registered subject to such evidentiary requirements as vital records services shall prescribe to substantiate the alleged facts of birth. Certificates of birth registered one (1) year or more after the date of occurrence shall be marked “Delayed” and show on their face the date of the delayed registration. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate. Evidence affecting delayed certificates should be microfilmed and then returned to the registrant.
2. When an applicant does not submit the minimum documents required in the regulations for delayed registration, or when the state registrar of vital records finds reason to question the validity or adequacy of the documentary evidence, the state registrar of vital records shall not register the delayed certificate and shall advise the applicant of the reasons for this action. Applications for delayed certificates which have not been completed within one (1) year from the date of application may be dismissed at the discretion of the state registrar. Upon dismissal the state registrar shall advise the applicant of his decision and all documents submitted in support of such registration shall be returned to the applicant.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.13.

§ 35-1-414. Delayed registration of death and marriage.

When a death or marriage occurring in this state has not been registered, a certificate may be filed in accordance with regulations of the division of health and medical services. The certificate shall be registered subject to such evidentiary requirements as the division of health and medical services shall by regulation prescribe to substantiate the alleged facts of death or marriage. Certificates of death and marriage registered one (1) year or more after the date of occurrence shall be marked “Delayed” and shall show on their face the date of the delayed registration.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.14.

§ 35-1-415. Judicial procedure to establish facts of birth.

1. If a delayed certificate of birth is rejected under the provisions of this act [§§ 35-1-401 through 35-1-431 ], a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. The petition shall be made on a form prescribed and furnished by the state registrar of vital records and shall allege:
   1. The person for whom a delayed certificate of birth is sought was born in this state;
   2. No record of birth of such person can be found in the office of the state or local custodian of birth records;
   3. Diligent efforts by the petitioner have failed to obtain the evidence required in accordance with this act;
   4. The state registrar of vital records has refused to register a delayed certificate of birth; and
   5. Such other allegations as may be required.
2. The petition shall be accompanied by a statement of the registration official made in accordance with this act and all documentary evidence which was submitted to the registration official in support of registration. The petition shall be sworn to by the petitioner.
3. The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner’s delayed certificate of birth appropriate notice of the hearing. Such official, or his authorized representative, may appear and testify in the proceeding.
4. If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage and such other findings as the case may require, and shall issue an order on a form prescribed and furnished by the state registrar of vital records to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by this act, and the date of the court’s action.
5. The clerks of courts of competent jurisdiction shall forward a certified copy of the order to the state registrar of vital records not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar of vital records and shall constitute the record of birth, from which copies may be issued in accordance with this act.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.15.

§ 35-1-416. Court reports of adoption.

1. For each adoption  of a child born in this state that is decreed by any  court in this state, the court shall require the preparation of a  report of adoption on a form prescribed and furnished by the state  registrar of vital records. The report shall include such facts as  are necessary to locate and identify the certificate of birth of the  person adopted, provide information necessary to establish new certificate  of birth of the person adopted, and shall identify the order of adoption  and be certified by the clerk of the court. The report of adoption as well as a certified copy of adoption decree shall  be furnished to the state registrar as specified in subsection (c) of this section.
2. Whenever an  adoption decree is amended or annulled, the clerk of the court shall  prepare a report thereof which shall include such facts as are necessary  to identify the original adoption report and the facts amended in  the adoption decree as necessary to properly amend the birth record. The report of the amended or annulled adoption decree  shall be furnished to the state registrar as specified in subsection  (c) of this section.
3. Not later  than the fifth day of each calendar month the clerk of court shall  forward to the state registrar of vital records the report of adoption, records of decrees  of adoption, and any annulment  or amendment thereof entered in the preceding month together with  such related reports as the state registrar shall require.
4. When the state registrar receives a record of adoption, or annulment, or amendment thereof, from a court for a person born outside this state, the record shall be forwarded to the appropriate registration authority in the state of birth. For an adoption of a child born in a foreign country, the record of adoption shall be forwarded to the U.S. immigration and naturalization service, U.S. department of justice, or such other office as the federal government may designate.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.16; 2018, ch. 22, § 1.

The 2018 amendment, effective July 1, 2018, in the last sentence of (a), substituted “The report of adoption as well as a certified copy” for “The state registrar shall also be furnished a certified copy,” and added “shall be furnished to the state registrar as specified in subsection (c) of this section” at the end; in (b), added the last sentence; in (c), substituted “records the report of adoption, records of decrees of adoption, and any annulment” for “records, records of decrees of adoption, annulment”; and made stylistic changes.

Cross references. —

For procedural provisions concerning adoption, see §§ 1-22-101 to 1-22-114 .

§ 35-1-417. New certificate of birth following adoption; court determination of paternity; and paternity acknowledgment.

1. The state registrar of vital records shall establish a new certificate of birth for a person born in this state when he receives the following:
   1. An adoption report from the courts of this state, the several states of the United States or a foreign country, and a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established unless so requested by the court decreeing the adoption, the adoptive parents or the adopted person;
   2. A request that a new certificate be established and evidence as required by regulation proving that a court of competent jurisdiction has determined the paternity of the person, or that both parents have acknowledged the paternity of such person.
2. When a new certificate of birth is established, the actual city and county and date of birth shall be shown. It shall be substituted for the original certificate of birth. If a new certificate of birth is issued under this section, and in the case of adoptions, the original certificate of birth and evidence of adoption shall not be subject to inspection except upon order of a court of competent jurisdiction.
3. Upon receipt of a decree of annulment of adoption, the original certificate of birth shall be restored to its place in the file and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction.
4. Repealed by Laws 2003, ch. 93, § 3.
5. The state registrar of vital records shall establish a new certificate of birth, on a form he prescribes, for a person born in a foreign country upon receipt of a certified copy of the decree of adoption entered pursuant to W.S. 1-22-111(a)(iii) and a request for a new certificate by the court decreeing the adoption, the adoptive parents or the adopted person.
6. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the state registrar of vital records as provided by this act, before a new certificate of birth is established.
7. Repealed by Laws 2003, ch. 93, § 3.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.17; Laws 1979, ch. 66, § 1; 1993, ch. 198, § 1; 1998, ch. 17, § 1; 2003, ch. 93, §§ 2, 3; 2014, ch. 110, § 102.

Cross references. —

For procedural provisions concerning adoption, see §§ 1-22-101 to 1-22-114 .

For Wyoming Parentage Act, see §§ 14-2-401 to 14-2-907 .

The 2014 amendment, effective July 1, 2014, in (a)(ii), deleted “such” preceding “evidence as required”, deleted “such person has been legitimated, or.” following “by regulation proving.”

Subject matter jurisdiction over foreign adoption.—

Adoption statutes did not preclude the district court from ordering a Wyoming adoption decree recognizing or approving a Hague Convention adoption certificate. Reading the broad language of Wyo. Stat. Ann. § 1-22-111 , with the express statutory language of Wyo. Stat. Ann. § 35-1-417(e), the adoption statutes allowed district courts to approve adoptions of children born in a foreign country and to enter a report of a Wyoming adoption. As a result, the district court erred in dismissing petitioners’ petition for an order of adoption. In re Adoption of Majb, 2020 WY 157, 478 P.3d 196, 2020 Wyo. LEXIS 183 (Wyo. 2020).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and application of statute authorizing change in record of birthplace of adopted child, 14 ALR4th 739.

§ 35-1-418. Death registration.

1. A death certificate for each death which occurs in this state shall be filed with the local registrar of the registration district in which the death occurred within three (3) days after the death and prior to removal of the body from the state and shall be registered by such registrar if it has been completed and filed in accordance with this section, provided:
   1. That if the place of death is unknown, a death certificate shall be filed in the registration district in which a dead body is found within three (3) days after such occurrence; and
   2. If the death occurs in a moving conveyance, a death certificate shall be filed in the registration district in which the dead body is first removed from such conveyance.
2. The funeral director or person acting as such who first assumes custody of a dead body shall file the death certificate. He shall obtain the personal data from the next of kin or the best qualified person or source available. He shall obtain the medical certification of cause of death from the person responsible therefor.
3. The medical certification shall be completed and signed within a reasonable time after death by the primary health care provider in charge of the patient’s care for the illness or condition which resulted in death, except when inquiry is required by the postmortem examination. If the death occurred without medical attendance or if the primary health care provider last in attendance refuses or for any reason fails to sign the certificate immediately, the funeral director or person acting as funeral director shall notify the appropriate local registrar. In that event the local registrar shall inform the local health officer and refer the case to him for immediate investigation and certification of cause of death prior to issuing a permit for burial, cremation or other disposition of the body. If the circumstances of the case suggest that the death was caused by other than natural causes, the local registrar shall refer the case to the coroner for investigation and certification. The coroner shall examine the body and consider the history of the case, and obtain the assistance and advice of a competent physician who will assist the coroner in determining the cause of death by examination of the body, autopsy, inquest or other procedure determined necessary. The nonmedical coroner shall not diagnose the cause of death without the assistance and advice of a competent physician, advanced practice registered nurse or physician assistant. The coroner or local health officer shall complete and sign the medical certification within a reasonable time after taking charge of the case.
4. For purposes of this section, “primary health care provider” means as defined in W.S. 35-22-402(a)(xiv).

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.18; Laws 1985, ch. 212, § 3; 2017, ch. 160, § 1.

Cross references. —

As to postmortem examination by coroner, see § 7-4-209 .

As to authority of chiropractors to sign death certificates, see § 33-10-108 .

For duty of funeral directors and undertakers to ascertain cause of death, see § 33-16-314 .

The 2017 amendment , in (c) substitutes “primary health care provided” for “physician” twice, added “advanced practice registered nurse or physician assistant” to the end of the second to last sentence; added (d); and made a related change.

Laws 2017, ch. 160, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 6, 2017.

§ 35-1-419. Stillbirth registration.

1. A stillbirth certificate for each stillbirth which occurs in this state after gestation period of twenty (20) completed weeks or more shall be filed with the local registrar of the registration district in which the delivery occurred within three (3) days after the delivery and prior to removal of the stillbirth from the state. If the place of stillbirth is unknown, a stillbirth certificate shall be filed in the registration district in which a stillbirth was found within three (3) days after the occurrence. If a stillbirth occurs on a moving conveyance, a stillbirth certificate shall be filed in the registration district in which the stillbirth was first removed from the conveyance.
2. The funeral director or person acting as such who first assumes custody of a stillbirth shall file the stillbirth certificate. In the absence of such a person, the physician or other person in attendance at or after the delivery shall file the stillbirth certificate.
3. The medical certification shall be completed and signed within a reasonable time after delivery by the physician in attendance at or after delivery except when inquiry is required by the postmortem examination. When a stillbirth occurs without medical attendance to the mother at or after the delivery or when inquiry is required by the postmortem examination, the coroner shall investigate the cause of stillbirth and shall complete and sign the medical certification within a reasonable time after taking charge of the case.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.19; Laws 1985, ch. 212, § 3.

Cross references. —

For provision requiring statement of blood test of mother for syphilis upon stillbirth, see § 35-4-503 .

As to postmortem examination by coroner, see § 7-4-209 .

For duty of funeral directors and undertakers to ascertain cause of death, see § 33-16-314 .

§ 35-1-420. Permits.

1. The funeral director or person acting as such who first assumes custody of a dead body or stillbirth shall obtain a burial-transit permit prior to final disposition or removal from the state of the body or stillbirth and within seventy-two (72) hours after death. The burial-transit permit shall be issued by the local registrar of the district where the certificate of death or stillbirth was filed in accordance with the requirements of this act [§§ 35-1-401 through 35-1-431 ]. A burial-transit permit issued under the law of another state which accompanies a dead body or stillbirth brought into this state shall be authority for final disposition of the body or stillbirth in this state.
2. No permit for burial, cremation, removal, or other disposition shall be issued by any local registrar until a certificate of death or stillbirth, as far as it can be completed under the circumstances of the case, has been filed with him, and until all the regulations of the administrator of the division of health and medical services in respect to the issuance of such permit have been complied with. No permit shall be issued which would be contrary to the sanitary laws of this state.
3. A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or stillbirth except as authorized by regulation or otherwise provided by law. The permit shall be issued by the local registrar to a licensed funeral director, embalmer, or other person acting as such, upon proper application.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.20.

Am. Jur. 2d, ALR and C.J.S. references. —

Dead bodies: liability for improper manner of reinterment, 53 ALR4th 394.

§ 35-1-421. Extension of time.

1. The department of health may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this act [§§ 35-1-401 through 35-1-431 ], provide for the extension of the periods prescribed in this act, for the filing of death certificates, stillbirth certificates, and for the obtaining of burial-transit permits in cases in which compliance with the applicable prescribed period would result in undue hardship.
2. Regulations of the department of health may provide for the issuance of a burial-transit permit under this act, prior to the filing of a certificate of death or stillbirth upon conditions designed to assure compliance with the purposes of this act in cases in which compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.21; Laws 1991, ch. 221, § 2.

§ 35-1-422. Marriage registration.

1. A record of each marriage performed in the state shall be filed with the state registrar of vital records as provided in this section. The officer who issues the marriage license shall prepare the certificate on the form furnished by the state registrar of vital records upon the basis of information obtained from the parties to be married, as provided by W.S. 20-1-103 and signed by the bride and groom.
2. Every person who performs a marriage shall certify the fact of marriage and file the record with the officer who issued the license within ten (10) days after the ceremony. This certificate shall be signed by the witnesses to the ceremony, one (1) copy of which shall be given to the parties so married. Every office issuing marriage licenses shall complete and forward to the state registrar of vital records on or before the tenth day of each calendar month the certificates of marriage filed with him during the preceding calendar month.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.22.

Cross references. —

For provisions relating to creation of marriage, see §§ 20-1-101 to 20-1-113 .

Law reviews. —

See article, “An Analysis of Wyoming Marriage Statutes, with Some Suggestions for Reform — Part II,” III Land & Water L. Rev. 129 (1968).

See article, “An Analysis of Wyoming Marriage Statutes, with Some Suggestions for Reform — Part IV,” VII Land & Water L. Rev. 127 (1972).

§ 35-1-423. Court reports of divorce and annulment of marriage.

For each divorce and annulment of marriage granted by any court in this state a report shall be prepared and filed by the clerk of court with the state registrar of vital records. The information necessary to prepare the report shall be furnished, with the filing of the complaint for divorce, to the clerk of court on forms prescribed and furnished by the state registrar of vital records, and a hearing on the divorce complaint shall not be held until the foregoing information has been filed by the attorney for the plaintiff. On or before the tenth day of each month the clerk of court shall forward to the state registrar of vital records the report of each divorce and annulment granted during the preceding calendar month, and such related reports as may be required by regulations.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.23.

Cross references. —

For provisions relating to dissolution of marriage, see §§ 20-2-101 to 20-2-112 , 20-2-114 and 20-2-116 .

§ 35-1-424. Correction and amendment of vital records.

1. A certificate or record registered under this act [§§ 35-1-401 through 35-1-431 ] may be amended only in accordance with this act and regulations thereunder adopted by the division of health and medical services to protect the integrity and accuracy of vital records. A certificate that is amended under this section shall be marked “Amended” except as provided in subsection (d) of this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record.
2. Vital records services shall prescribe by regulations the conditions under which additions or minor corrections shall be made to birth certificates within one (1) year after the date of birth without the certificate being considered as amended.
3. Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person or his parent, guardian, or legal representative, the state registrar of vital records shall amend the certificate to reflect the new name, by attaching an abstract of the court order.
4. After one (1) year no correction shall be made on the face of the certificate.

History. Laws 1973, ch. 177, § 1; W.S.1957, § 35-79.24.

Cross references. —

For authority to promulgate regulations, see § 35-1-404 .

Birth certificate amendments.—

District court erred in concluding that it lacked subject matter jurisdiction over a petition for an order recognizing petitioner’s change of sex and gender where it applied a presumption against district court jurisdiction, when Wyo. Const. art. 5, § 10, required a presumption in favor of jurisdiction, and Wyo. Stat. Ann. § 35-1-424(c) merely identified, and imposed requirements for, one type of vital records amendment, and as such, it did not affect district court jurisdiction. Moreover, the legislature had expressed no clear intention to limit the district court’s jurisdiction to amend birth certificates under the Vital Records Act, and agency regulations allowing amendment of a person’s sex on her birth certificate did not modify, dilute, or change in any way the statutory provisions from which the Wyoming Department of Health derived its authority. McMillan v. State ex rel. Dep't of Workforce Servs., 2020 WY 68, 464 P.3d 1215, 2020 Wyo. LEXIS 77 (Wyo. 2020).

§ 35-1-425. Reproduction of records.

To preserve original documents, the state registrar of vital records is authorized to prepare typewritten, photographic or other reproductions of original records and files in his office. Such reproductions when certified by him shall be accepted as the original record.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.25.

Cross references. —

For provisions governing public records, see §§ 16-4-201 to 16-4-205 .

§ 35-1-426. Disclosure of records.

1. To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the vital records system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records, or to copy or issue a copy of all or part of any such record except as authorized by regulations.
2. The department of health may authorize the disclosure of data contained in vital records for research purposes.
3. Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulations or upon order of a court of competent jurisdiction.
4. The department of health is authorized to provide the necessary information in death records to the secretary of state for the maintenance of the voter registration system by removing names of voters who are deceased from the voter registration list. This disclosure of death records shall be conducted in accordance with the terms agreed upon by the secretary of state and the director of the department of health.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.26; Laws 1991, ch. 221, § 2; 2004, ch. 94, § 2.

Cross references. —

For provisions governing public records, see §§ 16-4-201 to 16-4-205 .

As to voter registration, see Title 22, Chapter 3.

The 2004 amendment added (d).

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

§ 35-1-427. Copies of data from vital records.

1. Only the state registrar of vital records shall upon request issue a certified copy of any certificate or record in his custody or of a part thereof. Each copy issued shall show the date of registration and copies issued from records marked “Delayed”, “Amended”, or “Court Order” shall be similarly marked and show the effective date. A certified copy of a certificate or any part thereof, issued in accordance with this subsection shall be considered for all purposes the same as the original, and shall be prima facie evidence of the facts therein stated, except that the evidentiary value of a certificate or record filed more than six (6) months for birth, and one (1) year for death and marriage, after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
2. The federal agency responsible for national vital statistics may be furnished such copies as it may require for national statistics if the state is reimbursed for the cost of furnishing the data, and the data is not used for other than statistical purposes by the federal agency responsible for national vital statistics.
3. Federal, state, local and other public or private agencies may, upon request, be furnished copies or data for statistical purposes upon such terms or conditions as may be prescribed by the department of health.
4. No person shall prepare or issue any certificate which purports to be an original, certified copy or copy of a certificate of birth, death or stillbirth, except as authorized by this act [§§ 35-1-401 through 35-1-431 ] or regulations adopted hereunder.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.27; Laws 1991, ch. 221, § 2.

Cross references. —

See cross references to §§ 35-1-425 and 35-1-426 .

§ 35-1-428. Fees for copies and searches; surcharge.

1. The department of health shall in accordance with guidelines imposed upon boards and commissions under W.S. 33-1-201 , prescribe reasonable fees for certified copies of certificates or records or for a search of the files or records when no copy is made. Fees collected shall be deposited into the general fund.
2. In addition to fees imposed by department rule and regulation under subsection (a) of this section, the department shall collect a surcharge of five dollars ($5.00) for each copy of a certificate or record issued pursuant to this article and five dollars ($5.00) for each five (5) year period or portion thereof that a search of files or records is undertaken pursuant to this article. Revenues collected from the surcharge imposed under this subsection shall be deposited by the state treasurer in accordance with the following:
   1. For the period from July 1, 2019 through June 30, 2024, seventy-five percent (75%) into the Wyoming children’s trust fund established under W.S. 14-8-106(a) and twenty-five percent (25%) into the Wyoming children’s income account established under W.S. 14-8-106(b);
   2. Beginning July 1, 2024, one hundred percent (100%) into the Wyoming children’s trust fund established under W.S. 14-8-106(a).
3. In addition to the fees imposed by department of health rules under subsection (a) of this section and the surcharges imposed under subsection (b) of this section, the department shall collect a surcharge of five dollars ($5.00) for each copy of a death certificate issued pursuant to this article. Revenues collected from the surcharge imposed under this subsection shall be deposited by the department in the indigent persons burial account, which is hereby created. All funds within the account shall be invested by the state treasurer and all investment earnings from the account shall be deposited in the account. Subject to legislative appropriation, the department of family services shall disperse one-half (1/2) of the funds within the account to counties that made a request for reimbursement under W.S. 18-3-504(c) or 19-14-101(a) and the remaining one-half (1/2) of funds shall be available to the department of family services for expenses incurred under W.S. 42-2-103(c). If a legislative appropriation is insufficient to reimburse all county reimbursement requests, the department of family services shall disperse the available funds so that each county that made a reimbursement request receives equal percentage reimbursements.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.28; Laws 1974, ch. 16, § 2; 1991, ch. 221, § 2; 1993, ch. 214, § 2; 2005, ch. 231, § 1; 2018, ch. 74, § 1; 2019, ch. 114, § 1; 2021, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, substituted “W.S. 14-8-106 ” for “W.S. 14-8-101 ” in (b).

The 2018 amendment, effective July 1, 2018, deleted the former last sentence, which read: “The additional fee authorized by this subsection shall not be assessed after the end of the first fiscal year in which the balance in the children's trust fund exceeds five million dollars ($5,000,000.00)."

The 2019 amendment, effective July 1, 2019, in the introductory language in (b), added "in accordance with the following," added (b)(i), added (b)(ii) designation, and in present (b)(ii), added "Beginning July 1, 2024, one hundred percent (100%)" at the beginning and substituted "14-8-106(a)" for "14-8-106."

The 2021 amendment , effective July 1, 2021, added (c).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, directs: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Cross references. —

For provisions relative to public funds, see ch. 4 of title 9.

§ 35-1-429. Persons required to keep records.

1. Every person in charge of an institution as defined in this act [§§ 35-1-401 through 35-1-431 ] shall keep a record of personal particulars and data concerning each person admitted or confined to the institution. The record shall be limited to information required by the standard certificate of birth, death and stillbirth forms issued under the provisions of this act. The record shall be made at the time of admission from information provided by the person, but when it cannot be so obtained, the same shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.
2. When a dead human body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or if finally disposed of by the institution, the date, place and manner of disposition.
3. A funeral director, embalmer or other person who removes from the place of death or transports or finally disposes of a dead body or stillbirth, in addition to filing any certificate or other form required by this act, shall keep a record which shall identify the body, and such information pertaining to his receipt, removal, and delivery of the body as may be prescribed in regulations adopted by the division of health and medical services.
4. Records maintained under this section shall be retained for a period of not less than ten (10) years and shall be made available for inspection by the state registrar of vital records or his representative upon demand.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.29.

Cross references. —

For definition of “institution,” see § 35-1-401 .

§ 35-1-430. Duties to furnish information relative to vital events.

Any person having actual knowledge of the facts shall furnish such information as he may possess regarding any birth, death, stillbirth, marriage or divorce upon demand of the state registrar of vital records.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.30.

§ 35-1-431. Penalties.

1. Any person who willfully and knowingly: (i) makes any false statement in a report, record, or certificate required to be filed under this act [§§ 35-1-401 through 35-1-431 ], or in an application for an amendment thereof, or supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof; or (ii) without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates any report, record, or certificate required to be filed under this act or a certified copy of such report, record, or certificate; or (iii) uses or attempts to use, or furnish to another for use, for any purpose of deception, any certificate, record, report or certified copy thereof so made, altered, amended, or mutilated; or (iv) with the intention to deceive uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that such certificate or certified copy was issued upon a record which is false in whole or in part or which relates to the birth of another person; or (v) furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person to whom the record of birth relates; shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisoned not more than six (6) months, or both.
2. Any person who: (i) knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this act; or (ii) refuses to provide information required by this act; or (iii) willfully neglects or violates any of the provisions of this act or refuses to perform any of the duties imposed upon him by this act; shall be punished by a fine of not less than one hundred dollars ($100.00) or be imprisoned for not more than six (6) months, or both.

History. Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.31.

Editor's notes. —

Section 2, ch. 177, Laws 1973, provides: “This act shall be cumulative and shall supplement any other laws of the state of Wyoming relating to vital records, not inconsistent with the provisions hereof.”

§ 35-1-501. Short title.

This act [§§ 35-1-501 through 35-1-503 ] shall be cited as the Industrial Health Service Act of 1945.

History. Laws 1945, ch. 149, § 1; C.S. 1945, § 63-701; W.S. 1957, § 35-80.

§ 35-1-502. Service of industrial hygiene created.

The state department of health is hereby authorized and empowered to create and maintain a service of industrial hygiene as the state health officer may deem necessary.

History. Laws 1945, ch. 149, § 2; C.S. 1945, § 63-702; W.S. 1957, § 35-81; Laws 1991, ch. 221, § 2.

§ 35-1-503. Investigations; annual report required.

The industrial hygiene service shall investigate places of employment and study those conditions which might be responsible for ill health of the industrial workers and submit a yearly report to the state treasurer.

History. Laws 1945, ch. 149, § 3; C.S. 1945, § 63-703; W.S. 1957, § 35-82.

Cross references. —

As to collection of industrial statistics generally, see § 27-2-105 .

§§ 35-1-601 through 35-1-610. [Repealed.]

Repealed by Laws 1979, ch. 155, § 3.

Editor's notes. —

These sections, which derived from Laws 1961, ch. 144, §§ 2 to 11, related to community mental health services.

§ 35-1-611. Short title.

This act shall be known as the “Community Human Services Act”.

History. Laws 1979, ch. 155, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-1-613(a)(xiv).

§ 35-1-612. Purpose. [Effective until July 1, 2022]

The purpose and intent of this act is to establish, maintain and promote the development of a comprehensive range of services in communities of the state to provide prevention of, and treatment for individuals affected by, mental illness, substance abuse, or developmental disabilities, and to provide shelter and crisis services for victims of family violence and sexual assault.

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1.

The 2021 amendment , effective July 1, 2022, substituted "serve priority populations and other persons" for "provide prevention of, and treatment for individuals," "use disorders" for "abuse" and made a stylistic change.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-1-613(a)(xiv).

§ 35-1-612. Purpose. [Effective July 1, 2022]

The purpose and intent of this act is to establish, maintain and promote the development of a comprehensive range of services in communities of the state to serve priority populations and other persons affected by mental illness, substance use disorders, or developmental disabilities, and to provide shelter and crisis services for victims of family violence and sexual assault.

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 2021, ch. 79, § 1.

§ 35-1-613. Definitions. [Effective until July 1, 2022]

1. As used in this act:
   1. “Community board” means a community mental health board, a substance abuse board, a developmental disabilities board, or a family violence and sexual assault board, or a board offering a combination of human services programs, created under this act. For the purposes of this act every community board is also a public agency;
   2. “Developmental disabilities” means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism or any other neurological condition requiring services similar to those required by persons with intellectual disabilities, that has continued or can be expected to continue indefinitely and constitutes a substantial impairment to the individual’s ability to function in society;
   3. “Department” means the department of health;
   4. “Human services program” means community facilities, services and programs which exclusively or in part, are used or operated to prevent or treat mental illness, substance abuse or developmental disabilities, to provide shelter and crisis services for victims of family violence or sexual assault or to provide other community based services which serve a public purpose;
   5. “Mental illness” means a condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that care and treatment are required;
   6. “Public agency” means an organization operated by a unit of local government or a combination of governments or agencies formed under the Wyoming Joint Powers Act [§§ 16-1-102 through 16-1-109 ];
   7. “Substance” means alcoholic beverages and other drugs;
   8. “Substance abuse” means the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment or to cause socially dysfunctional behavior;
   9. “Client” means any individual receiving services from a human service program authorized under this act;
   10. “Crisis services for victims of family violence and sexual assault” means emergency intervention, information, referral services and medical, legal and social services advocacy;
   11. “Sexual assault” means any act made criminal under W.S. 6-2-302 through 6-2-304 and 6-4-402 ;
   12. “Family violence” means domestic abuse as defined by W.S. 35-21-102(a)(iii);
   13. “Shelter” means a place of temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic violence and their children;
   14. “This act” means W.S. 35-1-611 through 35-1-627 .

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 1991, ch. 221, § 2; 1993, ch. 150, § 1; 2004, ch. 130, § 1; 2008, ch. 70, § 1; 2021, ch. 79, § 1.

The 2004 amendment, in (a)(xi), substituted “6-2-304” for “6-2-305.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2008 amendment, in (a)(ii), substituted “intellectual disability” for “mental retardation,” substituted “neurological condition” for “neurologically handicapping condition,” substituted “persons with intellectual disabilities” for “mentally retarded individuals,” substituted “impairment” for “handicap,” and deleted “normally” after “ability to function” near the end.

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The 2021 amendment , effective July 1, 2022, substituted "use disorder" for "abuse" following "substance" throughout (a); added ", but does not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities" in (a)(v); added (a)(xiv) through (a)(xxiii); and redesignated former (a)(xiv) as (a)(xxiv).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 35-1-613. Definitions. [Effective July 1, 2022]

1. As used in this act:
   1. “Community board” means a community mental health board, a substance use disorder board, a developmental disabilities board, or a family violence and sexual assault board, or a board offering a combination of human services programs, created under this act. For the purposes of this act every community board is also a public agency;
   2. “Developmental disabilities” means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism or any other neurological condition requiring services similar to those required by persons with intellectual disabilities, that has continued or can be expected to continue indefinitely and constitutes a substantial impairment to the individual’s ability to function in society;
   3. “Department” means the department of health;
   4. “Human services program” means community facilities, services and programs which exclusively or in part, are used or operated to prevent or treat mental illness, substance use disorders or developmental disabilities, to provide shelter and crisis services for victims of family violence or sexual assault or to provide other community based services which serve a public purpose;
   5. “Mental illness” means a condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that care and treatment are required, but does not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities;
   6. “Public agency” means an organization operated by a unit of local government or a combination of governments or agencies formed under the Wyoming Joint Powers Act [§§ 16-1-102 through 16-1-109 ];
   7. “Substance” means alcoholic beverages and other drugs;
   8. “Substance use disorder” means the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment or to cause socially dysfunctional behavior;
   9. “Client” means any individual receiving services from a human service program authorized under this act;
   10. “Crisis services for victims of family violence and sexual assault” means emergency intervention, information, referral services and medical, legal and social services advocacy;
   11. “Sexual assault” means any act made criminal under W.S. 6-2-302 through 6-2-304 and 6-4-402 ;
   12. “Family violence” means domestic abuse as defined by W.S. 35-21-102(a)(iii);
   13. “Shelter” means a place of temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic violence and their children;
   14. “Adults with acute mental illness” means persons who are subject to an emergency detention under W.S. 25-10-109 , an involuntary hospitalization order under W.S. 25-10-110 or a directed outpatient commitment order under W.S. 25-10-110 .1, or who were released from an emergency detention or were discharged from an involuntary hospitalization or directed outpatient commitment order within the last six (6) months;
   15. “Adults with severe mental illness” means persons who, based on diagnosis and history, have a substantial probability of being unable to meet their needs for food, shelter and medical care if they do not receive regular mental health treatment or case management;
   16. “Behavioral health center” means:
       1. A nationally accredited organization that is licensed to conduct business in the state of Wyoming and provides a comprehensive range of services for the treatment and management of mental illness and substance use disorders for priority populations; or
       2. For the purpose of federal reimbursement, a tribal federally qualified health center or a behavioral health service provider certified by the Indian health service of the United States department of health and human services.
   17. “Families at high risk” means:
       1. Children who have been discharged from an acute psychiatric facility or a psychiatric residential treatment facility within the previous six (6) months, and their immediate family members as defined by rule of the department of family services;
       2. A child or the parent, legal guardian or other immediate family member of a child, as defined by rule of the department of family services, who has been referred to a behavioral health center by the department of family services for treatment for a mental illness or a substance use disorder and the treatment is necessary to prevent the removal of the child from the child’s home or to reunify the child with the child’s family;
       3. A child who has been referred to a behavioral health center for treatment for mental illness or a substance use disorder that impacts the child’s life and the treatment is necessary to prevent child’s involvement in the judicial system.
   18. “General access clients” means persons who do not meet the definition of a priority population under paragraph (xxii) of this subsection;
   19. “Indigent general access clients” means persons who do not have private or public health insurance that provides coverage for mental illness or substance use disorder treatment and whose total household income is not more than one hundred fifty percent (150%) of the federal poverty level;
   20. “Indigent clients with high needs” means persons who meet the definition of indigent general access clients under paragraph (xix) of this subsection and who have a mental illness or substance use disorder that substantially impairs their ability to function in society;
   21. “Nonstate level justice involved” means:
       1. Persons who within the previous six (6) months have been placed on probation and made subject to an intensive supervision program under W.S. 7-13-1102 that includes treatment for a mental illness or a substance use disorder;
       2. Persons who within the previous six (6) months have been convicted of or pled nolo contendere to a criminal offense and ordered to enroll in an intensive outpatient treatment program for a mental illness or substance use disorder as part of their sentence;
       3. Persons on probation, parole or who have been conditionally released, who within the previous six (6) months have been sanctioned under W.S. 7-13-1802(b)(iv) through (vi) and ordered to receive treatment for a mental illness or a substance use disorder;
       4. Qualified offenders under W.S. 7-13-1301 through 7-13-1304 who within the previous six (6) months have been ordered to receive treatment for a substance use disorder.
   22. “Priority population” means any person, as determined by the department, who falls into any of the following categories:
       1. State level justice involved;
       2. Nonstate level justice involved;
       3. Families at high risk;
       4. Adults with acute mental illness;
       5. Adults with severe mental illness;
       6. Indigent clients with high needs;
       7. Indigent general access clients.
   23. “State level justice involved” means persons that within the previous six (6) months have been released or paroled from an institution as defined by W.S. 7-13-401(a)(vi), released or discharged from a facility as defined under W.S 7-11-301(a)(ii) and who require continuing treatment for a mental illness or substance use disorder;
   24. “This act” means W.S. 35-1-611 through 35-1-627 .

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 1991, ch. 221, § 2; 1993, ch. 150, § 1; 2004, ch. 130, § 1; 2008, ch. 70, § 1; 2021, ch. 79, § 1.

§ 35-1-614. Counties, school districts and cities may contract for human services programs; counties may establish community boards. [Effective until July 1, 2022]

1. A county may contract with private or public agencies to provide human services programs for the county. The county may appropriate funds for the programs.
2. A municipality may contract with private agencies or a community board to provide human services programs for the municipality. The municipality may appropriate funds for the programs.
3. A school district may contract with private or public agencies to provide human services programs for school age children.
4. A county may establish, or two (2) or more counties may agree to establish a community board, or community boards in accordance with this act. A community board shall provide human services to the entire county or counties in which it is established. A community board may offer one (1) or more services for the mentally ill, substance abuser, developmentally disabled or the victim of family violence or sexual assault.

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1.

The 2021 amendment , effective July 1, 2022, added "behavioral health centers or" preceding "private" in (a), (b) and (c); and substituted "persons affected by mental illness, substance use disorders, developmental disabilities or victims" for "the mentally ill, substance abuser, developmentally disabled or the victim" in (d).

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (d), see § 35-1-613(a)(xiv).

§ 35-1-614. Counties, school districts and cities may contract for human services programs; counties may establish community boards. [Effective July 1, 2022]

1. A county may contract with behavioral health centers or private or public agencies to provide human services programs for the county. The county may appropriate funds for the programs.
2. A municipality may contract with behavioral health centers or private agencies or a community board to provide human services programs for the municipality. The municipality may appropriate funds for the programs.
3. A school district may contract with behavioral health centers or private or public agencies to provide human services programs for school age children.
4. A county may establish, or two (2) or more counties may agree to establish a community board, or community boards in accordance with this act. A community board shall provide human services to the entire county or counties in which it is established. A community board may offer one (1) or more services for persons affected by mental illness, substance use disorders, developmental disabilities or victims of family violence or sexual assault.

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 2021, ch. 79, § 1.

§ 35-1-615. Community board is agency of county; appropriations; joint community board agreements.

1. A community board is an agency of the county government.
2. A county which establishes or agrees to establish a community board, or community boards may appropriate funds for human services programs.
3. When two (2) or more counties have agreed to establish a community board, the funds appropriated by the counties shall be expended by the board in accordance with the agreement between the counties. The agreement shall require each county to bear a cost proportionate to the services provided in the county. The agreement may specify that, for particular purposes, officers and employees of a joint community board are considered employees of a participating county.

History. Laws 1979, ch. 155, § 1.

§ 35-1-616. Community boards; membership; appointment; terms of office; removal; vacancies; compensation.

1. A community or joint board shall consist of not more than nine (9) members, unless the board is comprised of members from two (2) or more counties in which event the board shall consist of not more than fifteen (15) members.
2. The members of a community board shall be appointed by the county commissioners. When two (2) or more counties have agreed to establish a community board, the county commissioners of each participating county shall appoint members as provided in the agreement of the counties. The members appointed by each county shall represent their county on the community board.
3. Members of community boards shall serve for rotating terms of four (4) years. Of the members first appointed, one-third (1/3) shall be appointed for two (2) years, one-third (1/3) for three (3) years and one-third (1/3) for four (4) years. No member shall serve more than two (2) consecutive terms.
4. A member of a community board may be removed by the appointing authority for neglect of duty, misconduct or malfeasance in office after receiving a written statement of charges and an opportunity to be heard.
5. Vacancies shall be filled for unexpired terms in the same manner as original appointments.
6. The members of a community board may receive per diem compensation and may be allowed necessary and actual expenses to be audited and paid in the same manner as other expenses of the county.

History. Laws 1979, ch. 155, § 1.

§ 35-1-617. Community boards; meetings; officers.

1. A majority of the board constitutes a quorum. All actions of the board shall be approved by a majority of those present at the meeting.
2. A community board shall elect from its members a chairman to preside at meetings, a secretary to maintain the records and a finance officer who shall file with the board a bond with an approved corporate surety in the penal sum designated by the board.

History. Laws 1979, ch. 155, § 1.

§ 35-1-618. Community boards; powers. [Effective until July 1, 2022]

1. For each human services program authorized by the county commissioners the community boards may contract with a local public or private nonprofit provider or:
   1. Appoint a director whose qualifications meet the standards fixed by the division;
   2. Prescribe the director’s duties and fix his compensation;
   3. Make rules or regulations relating to the operation of services and facilities under the board’s supervision, including a reasonable schedule of fees not inconsistent with the division’s uniform fee schedule;
   4. Contract for facilities or support services;
   5. Accept donations of money or property; and
   6. Expend funds for the purposes and programs of the community board, including necessary capital construction, as authorized by the county commissioners.

History. Laws 1979, ch. 155, § 1; 2021, ch. 79, § 1.

The 2021 amendment , effective July 1, 2022, added "behavioral health center or a" in (a).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-1-618. Community boards; powers. [Effective July 1, 2022]

1. For each human services program authorized by the county commissioners the community boards may contract with a behavioral health center or a local public or private nonprofit provider or:
   1. Appoint a director whose qualifications meet the standards fixed by the division;
   2. Prescribe the director’s duties and fix his compensation;
   3. Make rules or regulations relating to the operation of services and facilities under the board’s supervision, including a reasonable schedule of fees not inconsistent with the division’s uniform fee schedule;
   4. Contract for facilities or support services;
   5. Accept donations of money or property; and
   6. Expend funds for the purposes and programs of the community board, including necessary capital construction, as authorized by the county commissioners.

History. Laws 1979, ch. 155, § 1; 2021, ch. 79, § 1.

§ 35-1-619. Community boards; duties.

1. Subject to this act, a community board shall:
   1. Review and evaluate human services programs operating within its jurisdiction;
   2. Submit to the commissioners for the county of which it is an agency a comprehensive plan for the establishment, development and promotion of human services programs;
   3. Insure that the human services programs which are authorized by the county commissioners and funded by the county or the division are executed and maintained; and
   4. Insure that clients are charged fees for services promulgated by the division.

History. Laws 1979, ch. 155, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 35-1-613(a)(xiv).

§ 35-1-620. Powers and duties of department and its divisions. [Effective until July 1, 2022]

1. The department through its divisions may:
   1. Enter into cooperative contracts with private agencies, public agencies and community boards by negotiation without competitive bids or by competitive bidding. The department shall not contract with any entity which is not in substantial compliance with the standards and guidelines under subsection (b) of this section. The department shall not contract with any entity to purchase shelter and crisis services for victims of domestic abuse or sexual assault;
   2. Consult with and advise community boards, political subdivisions, nonprofit corporations, state agencies, health and medical groups within the state and the United States public health service about standards for the promotion of services to residents of Wyoming for the prevention, diagnosis and treatment of mental illness, substance abuse and developmental disabilities and for the provision of other community based services which serve a public purpose.
2. The department shall:
   1. Prescribe professional standards for personnel providing services purchased in whole or in part by the state under this act. The standards do not replace the standards for licensing under any other Wyoming law;
   2. Prescribe standards for the quality of human services programs which provide state purchased services under this act;
   3. Establish a uniform schedule of fees which will act as a guideline for state purchased services provided to clients by human services programs under this act. The schedule shall accurately reflect a client’s ability to pay;
   4. Review and comment on an application for funds submitted by any entity to the federal government for a human services program established or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault;
   5. Review and evaluate all programs authorized or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault;
   6. For state purchased services select the most appropriate service providers within each region in order to achieve the most effective and efficient human services system;
   7. Prescribe procedures to ensure that programs providing state purchased services provide for the confidentiality of patient records; and
   8. Prescribe conditions of eligibility for funding under this act so that no person shall be denied services on the basis of race, creed, color, national origin or inability to pay.

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 1991, ch. 221, § 2; 1993, ch. 150, § 1; 1998, ch. 81, § 2.

Cross references. —

As to department of health's duty to create an substance abuse control plan, see § 9-2-122 .

The 2021 amendment , by ch. 79, §§ 1, 2, effective July 1, 2022, added "the" in the section heading; added "behavioral health centers," in the first sentence of (a)(i); substituted "use disorders" for "abuse" in (a)(ii); substituted "funded" for "purchased" in (b)(ii); rewrote (b)(iii), which read, "Establish a uniform schedule of fees which will act as a guideline for state purchased services provided to clients by human services programs under this act. The schedule shall accurately reflect a client’s ability to pay"; rewrote (b)(vi), which read, "For state purchased services select the most appropriate service providers within each region in order to achieve the most effective and efficient human services system"; added (b)(ix) through (b)(xi) and (c); repealed (b)(iv), which read, "Review and comment on an application for funds submitted by any entity to the federal government for a human services program established or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault"; repealed (b)(v), which read, "Review and evaluate all programs authorized or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault"; repealed (b)(vii), which read, "Prescribe procedures to ensure that programs providing state purchased services provide for the confidentiality of patient records; and"; and repealed (b)(viii), which read, "Prescribe conditions of eligibility for funding under this act so that no person shall be denied services on the basis of race, creed, color, national origin or inability to pay."

Meaning of “this act.” —

For the definition of “this act,” referred to throughout subsection (b), see § 35-1-613(a)(xiv).

§ 35-1-620. Powers and duties of the department and its divisions. [Effective July 1, 2022]

1. The department through its divisions may:
   1. Enter into cooperative contracts with behavioral health centers, private agencies, public agencies and community boards by negotiation without competitive bids or by competitive bidding. The department shall not contract with any entity which is not in substantial compliance with the standards and guidelines under subsection (b) of this section. The department shall not contract with any entity to purchase shelter and crisis services for victims of domestic abuse or sexual assault;
   2. Consult with and advise community boards, political subdivisions, nonprofit corporations, state agencies, health and medical groups within the state and the United States public health service about standards for the promotion of services to residents of Wyoming for the prevention, diagnosis and treatment of mental illness, substance use disorders and developmental disabilities and for the provision of other community based services which serve a public purpose.
2. The department shall:
   1. Prescribe professional standards for personnel providing services purchased in whole or in part by the state under this act. The standards do not replace the standards for licensing under any other Wyoming law;
   2. Prescribe standards for the quality of human services programs which provide state funded services under this act;
   3. Establish payment policies for state funded services provided to priority populations that take into account a client’s ability to pay and utilize general funds authorized for expenditure as the payment of last resort;
   4. and (v) Repealed by Laws 2021, ch. 79, § 2.
   5. Prioritize behavioral health centers as the providers of state funded services. If a behavioral health center cannot provide sufficient services, the department shall select the most appropriate service provider in order to achieve an effective and efficient delivery of mental illness and substance use disorder services and human services programming;
   6. and (viii) Repealed by Laws 2021, ch. 79, § 2.
   7. Prioritize the delivery of state funded services to priority populations and allocate those services between priority populations in the following order of priority, with tier 1 being the highest priority and tier 3 being the lowest priority among priority populations:
      1. Tier 1: priority populations specified under W.S. 35-1-613(a)(xxii)(A) through (E);
      2. Tier 2: priority populations specified under W.S. 35-1-613(a)(xxii)(F), who do not otherwise qualify under Tier 1;
      3. Tier 3: priority populations specified under W.S. 35-1-613(a)(xxii)(G), who do not otherwise qualify under Tiers 1 or 2.
   8. Subject to subsection (c) of this section, the priority populations tier requirements under paragraph (ix) of this subsection and in addition to other contractual payments to behavioral health centers and other service providers under this act, the department shall provide essential subsidy payments to eligible behavioral health centers, or to other eligible service providers under paragraph (vi) of this subsection, to help defer continuing operating costs needed to provide services to priority populations. A behavioral health center or other service provider under paragraph (vi) of this subsection shall be eligible to receive essential subsidy payments only upon demonstrating a need for operational cost assistance as determined by rule of the department. The amount of any essential subsidy payment shall be subject to available funding and based on the total population of the geographic area served by the behavioral health center or other provider and the number of other behavioral health care providers within a thirty-five (35) mile radius;
   9. Prioritize behavioral health centers for the delivery of gatekeeping services as provided by W.S. 25-10-112(g) and only assume the expenses associated with a gatekeeper under W.S. 25-10-112(j) when the gatekeeper has been contracted through a behavioral health center.
3. Behavioral health centers may provide mental health or substance use disorder services to general access clients provided that the service is funded through any combination of sources other than state funding for priority populations under this section. Behavioral health centers may use the facilities, supplies and personnel funded under paragraph (x) of this subsection to provide services to general access clients provided services to priority populations are not materially diminished. When the means of the state allow, the department is authorized to seek funding through the budget process to deliver mental health or substance use disorder services to general access clients.

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 1991, ch. 221, § 2; 1993, ch. 150, § 1; 1998, ch. 81, § 2; 2021, ch. 79, §§ 1, 2.

§ 35-1-621. All state funds for human services contracted to department; federal and private funding not affected. [Effective until July 1, 2022]

A state agency which provides state or federal funds to a community based mental health, substance abuse, developmental disabilities or other human services program shall contract the funds to the department. The department shall expend the funds in accordance with W.S. 9-2-102 and this act. This section does not impair the ability of community based programs to apply for or receive funds directly from federal or private sources, subject to W.S. 35-1-620(b)(i).

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 1991, ch. 221, § 2; 1993, ch. 150, § 1; 1998, ch. 81, § 2.

The 2021 amendment , effective July 1, 2022, substituted "use disorder" for "abuse" following "substance" in the first sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence, see § 35-1-613(a)(xiv).

§ 35-1-621. All state funds for human services contracted to department; federal and private funding not affected. [Effective July 1, 2022]

A state agency which provides state or federal funds to a community based mental health, substance use disorder, developmental disabilities or other human services program shall contract the funds to the department. The department shall expend the funds in accordance with W.S. 9-2-102 and this act. This section does not impair the ability of community based programs to apply for or receive funds directly from federal or private sources, subject to W.S. 35-1-620(b)(i).

History. Laws 1979, ch. 155, § 1; 1984, ch. 31, § 1; 1991, ch. 221, § 2; 1993, ch. 150, § 1; 1998, ch. 81, § 2; 2021, ch. 79, § 1.

§ 35-1-622. Department; budget requests; purchase of service contracts; local match. [Effective until July 1, 2022]

1. The department’s budget request shall recommend:
   1. The types of services that the division shall purchase, which shall not include shelter and crisis services for victims of domestic abuse or sexual assault;
   2. The levels of services that the division shall purchase based on population, needs assessment, regional cost differences necessary to provide reasonably similar access to services and other criteria; and
   3. The quality of services that the division shall purchase.
2. The department shall contract with community boards, public agencies and private agencies to purchase only those services funded by the legislature on a statewide basis. Funds contracted for under this act, other than funds for developmental preschool services, shall not exceed ninety percent (90%) of the total nonfederal expenditures for human services programs by any community board or public agency. For developmental preschool services the local match requirement shall be three percent (3%).

History. Laws 1979, ch. 155, § 1; 1991, ch. 221, § 2; 1998, ch. 81, § 2; 2007, ch. 125, § 1; 2021, ch. 79, §§ 1, 2.

The 2007 amendment, in (b) inserted “other than funds for developmental preschool services,” and added the last sentence.

Laws 2007, ch. 125, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 23, 2007.

The 2021 amendment, by ch. 79, §§ 1, 2, effective July 1, 2022, deleted "; local match" in the section heading; added "in accordance with the priority populations tier requirements provided by W.S. 35-1-620(b)(ix)," in (a)(i); and repealed (b), which read, "The department shall contract with community boards, public agencies and private agencies to purchase only those services funded by the legislature on a statewide basis. Funds contracted for under this act, other than funds for developmental preschool services, shall not exceed ninety percent (90%) of the total nonfederal expenditures for human services programs by any community board or public agency. For developmental preschool services the local match requirement shall be three percent (3%)."

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence in subsection (b), see § 35-1-613(a)(xiv).

§ 35-1-622. Department; budget requests; purchase of service contracts. [Effective July 1, 2022]

1. The department’s budget request shall recommend:
   1. The types of services that the division shall purchase, in accordance with the priority populations tier requirements provided by W.S. 35-1-620(b)(ix), which shall not include shelter and crisis services for victims of domestic abuse or sexual assault;
   2. The levels of services that the division shall purchase based on population, needs assessment, regional cost differences necessary to provide reasonably similar access to services and other criteria; and
   3. The quality of services that the division shall purchase.
2. Repealed by Laws 2021, ch. 79, § 2.

History. Laws 1979, ch. 155, § 1; 1991, ch. 221, § 2; 1998, ch. 81, § 2; 2007, ch. 125, § 1; 2021, ch. 79, §§ 1, 2.

§ 35-1-623. Contracts; reports; regular payments; termination. [Effective until July 1, 2022]

1. Every contract awarded pursuant to this act shall require:
   1. ]he program provider to submit annual financial and expenditure reports to the department;
   2. The division to make regular payments to the program provider based on the services provided;
   3. Compliance with W.S. 18-3-516(e).
2. The division shall terminate a contract with a program provider made under this act when the division finds, after a hearing in accordance with W.S. 16-3-107 through 16-3-112 if requested by the provider, that the program provider is not using contract funds for contract purposes, or that a contract program is not being administered in accordance with this act.

History. Laws 1979, ch. 155, § 1; 1986, ch. 44, § 1; 1991, ch. 221, § 2; 2021, ch. 79, § 1.

The 2021 amendment , effective July 1, 2022, deleted "program" preceding "provider" in (a)(i) and (a)(ii); in (b), substituted "behavioral health center or other" for "program," deleted "program" preceding "provider is not" and "program" following "contract."

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a) and twice in subsection (b), see § 35-1-613(a)(xiv).

§ 35-1-623. Contracts; reports; regular payments; termination. [Effective July 1, 2022]

1. Every contract awarded pursuant to this act shall require:
   1. The provider to submit annual financial and expenditure reports to the department;
   2. The division to make regular payments to the provider based on the services provided;
   3. Compliance with W.S. 18-3-516(e).
2. The division shall terminate a contract with a behavioral health center or other provider made under this act when the division finds, after a hearing in accordance with W.S. 16-3-107 through 16-3-112 if requested by the provider, that the provider is not using contract funds for contract purposes, or that a contract is not being administered in accordance with this act.

History. Laws 1979, ch. 155, § 1; 1986, ch. 44, § 1; 1991, ch. 221, § 2; 2021, ch. 79, § 1.

§ 35-1-624. Contracts with private agencies; eligibility. [Repealed effective July 1, 2022]

1. To be eligible to contract with the department, a private agency shall:
   1. Have as its primary purpose the provision of human services programs;
   2. Be chartered under the laws of the state of Wyoming;
   3. Provide at least one (1) human services program which serves the residents of at least one (1) county;
   4. Appoint a director whose qualifications meet the standards fixed by the division and prescribe his duties; and
   5. Charge clients fees at a rate comparable to the uniform schedule of fees for services that have been promulgated by the division. Private agencies may charge a reasonable fee for those services not covered in the division’s uniform fee schedule. No fees shall be charged for gatekeeping services provided pursuant to title 25, chapter 10, article 1 of the Wyoming statutes.

History. Laws 1979, ch. 155, § 1; 1991, ch. 221, § 2; 2017, ch. 203, § 2; Repealed by Laws 2021, ch. 79, § 2.

The 2017 amendment , in (a)(v), added the last sentence.

Laws 2017, ch. 203, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-1-624. Contracts with private agencies; eligibility. [Repealed effective July 1, 2022]

History. Laws 1979, ch. 155, § 1; 1991, ch. 221, § 2; 2017, ch. 203, § 2; repealed by P.A. ch. 79, § 2, eff. July 1, 2022.

§ 35-1-625. Protection of clients' rights. [Effective until July 1, 2022]

1. Every contract awarded under this act shall require the program provider to guarantee the clients’ rights to:
   1. An individualized plan of appropriate services which provides for the least restrictive treatment that may reasonably be expected to benefit the client;
   2. Send and receive sealed mail;
   3. Wear his own clothing, to keep and use personal possessions, including toilet articles, unless the articles may be used to endanger their own or others’ lives, and to keep and be allowed to spend his own money;
   4. Be free from physical restraints and isolation except for emergency situations or when isolation or restraint is a part of a treatment program;
   5. Be free from unnecessary or excessive medication;
   6. Make and receive telephone calls within reasonable limits;
   7. Receive visitors daily; and
   8. Be informed orally and in writing of the rights under this section at the time of admission.
2. Every contract awarded under this act shall require the program provider to:
   1. Post copies of this section conspicuously in each client area;
   2. Make copies of this section available to the client’s guardian or immediate family.

History. Laws 1979, ch. 155, § 1; 2021, ch. 79, § 1.

The 2021 amendment , effective July 1, 2022, deleted "program" preceding "provider" in (a) and (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsections (a) and (b), see § 35-1-613(a)(xiv).

§ 35-1-625. Protection of clients' rights. [Effective July 1, 2022]

1. Every contract awarded under this act shall require the provider to guarantee the clients’ rights to:
   1. An individualized plan of appropriate services which provides for the least restrictive treatment that may reasonably be expected to benefit the client;
   2. Send and receive sealed mail;
   3. Wear his own clothing, to keep and use personal possessions, including toilet articles, unless the articles may be used to endanger their own or others’ lives, and to keep and be allowed to spend his own money;
   4. Be free from physical restraints and isolation except for emergency situations or when isolation or restraint is a part of a treatment program;
   5. Be free from unnecessary or excessive medication;
   6. Make and receive telephone calls within reasonable limits;
   7. Receive visitors daily; and
   8. Be informed orally and in writing of the rights under this section at the time of admission.
2. Every contract awarded under this act shall require the provider to:
   1. Post copies of this section conspicuously in each client area;
   2. Make copies of this section available to the client’s guardian or immediate family.

History. Laws 1979, ch. 155, § 1; 2021, ch. 79, § 1.

§ 35-1-626. Isolation; restraint; medication.

1. Isolation or restraint of a client may be used only when less restrictive measures are ineffective or not feasible for the welfare of the client and shall be used for the shortest time possible. Each center or facility shall have a written policy covering the use of restraint or isolation which ensures that the dignity and safety of the individual are protected and that there is regular, frequent monitoring by trained staff.
2. No medication may be administered to a client except on the written order of a physician. A record of the medication which is administered to each patient shall be kept in his treatment record. Medication may not be used as punishment, for the convenience of staff or in quantities that interfere with a client’s treatment program.

History. Laws 1979, ch. 155, § 1.

§ 35-1-627. Examination of accounts.

The governing body of any entity receiving state funds under this act shall not less than every two (2) years cause to be made an audit or other oversight of the financial affairs and transactions of all funds and activities of the entity in accordance with W.S. 16-4-121(b) and (c) and 16-4-122 . Costs of the audit or other oversight shall be borne by the entity. Copies of audit reports or other reports shall be submitted to the division upon completion. The director of the state department of audit may examine the accounts of any entity receiving state funds under this act. The legislative service office may audit the accounts of any entity. These accounts shall be maintained in a manner to guarantee confidentiality of the patient’s identity. The state auditor and treasurer shall not disburse any state money to any entity refusing access to its accounts and records for the purposes of this section.

History. Laws 1979, ch. 155, § 1; 1986, ch. 31, § 1; 1991, ch. 240, § 1; 1995, ch. 199, § 1; 2011, ch. 129, § 205; 2016, ch. 51, § 1.

The 2011 amendment, effective July 1, 2011, substituted “service office” for “auditor” in the fourth sentence.

The 2016 amendment , effective July 1, 2016, deleted “and the director of the state department of audit” following “submitted to the division” and “shall adopt rules for audits and” following “department of audit.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-1-613(a)(xiv).

Severability. —

Section 5, ch. 155, Laws 1979, reads: “If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.”

§ 35-1-628. Community based respite care services.

1. The department of health shall develop and administer a statewide program to provide community based respite care services to families with a member age birth to twenty-one (21) years who has developmental disabilities who is not eligible for home and community based waiver services under medicaid. This program shall be designed so as to permit persons with developmental disabilities who are under twenty-one (21) years of age to be cared for by the family to the greatest extent possible. The department in consultation with the Wyoming governor’s council on developmental disabilities shall:
   1. Establish criteria for eligibility for respite care services which shall include consideration of:
      1. The family’s need for services, including factors such as the demonstrated willingness and ability of family members to provide care and special requirements of the family member with a developmental disability;
      2. Family income;
      3. Family expenses, including those related to care of the individual with a developmental disability;
      4. Reasonable payment by the family for respite care services provided.
   2. By rule and regulation limit the ability of individual eligible families to use the program so that all eligible families are able to use the program without exceeding the appropriation available;
   3. Promulgate rules and regulations necessary for the administration of the program.
2. As used in this section:
   1. “Developmental disability” means a severe, chronic disability of a person which is attributable to a mental, emotional or physical impairment or combination of impairments, manifested before the person attains twenty-two (22) years of age, is likely to continue indefinitely and results in substantial functional limitations in three (3) or more of the following areas:
      1. Self-care;
      2. Receptive and expressive language;
      3. Learning;
      4. Mobility;
      5. Self-direction;
      6. Capacity for independent living; and
      7. Economic self-sufficiency.
   2. “Respite care” means care of a developmentally disabled person by a competent person, trained to meet the individualized needs of a child who meets the eligibility criteria of this program, for short periods of time to allow other members of the family reprieve from continuous care.

History. Laws 1993, ch. 195, § 1; 2011, ch. 176, § 1.

The 2011 amendment, in the introductory language of (a), substituted “Wyoming governor's” for “governor's planning.”

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

§ 35-1-701. Joint committee created.

A joint committee on school health composed of the state department of education and the state department of health is hereby created and established.

History. Laws 1957, ch. 193, § 1; W.S. 1957, § 35-83; Laws 1991, ch. 221, § 2.

§ 35-1-702. Duties of joint committee; limitation upon application of policies.

It shall be the duty of the joint committee on school health to prescribe uniform policies regarding the medical services, sanitary environment and health instruction of the school children. Provided that any policies prescribed relating to medical treatment or physical examination shall not be applicable to any student whose parent or guardian in writing objects to such regulation on religious grounds. Such objection shall not exempt the student from the quarantine laws of the state, nor prohibit an examination for infectious or contagious diseases.

History. Laws 1957, ch. 193, § 2; W.S. 1957, § 35-84.

Cross references. —

As to exceptions generally with reference to religion in connection with health laws, see § 35-1-201 .

§ 35-1-801. Department of health to develop comprehensive emergency medical services and trauma system.

The department of health shall develop a comprehensive emergency medical services and trauma system.

History. Laws 1993, ch. 94, § 1; 2015, ch. 59, § 1.

The 2015 amendment, deleted the former second sentence, which read: “The department shall report annual progress on the system to the legislature.”

Laws 2015, ch. 59, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

§ 35-1-802. Designation of trauma areas; trauma system hospitals.

1. The department of health shall designate within the state trauma areas consistent with local resources, geography and current patient referral patterns.
2. Each trauma area shall have:
   1. Medical control for all field care and transportation consistent with geographic and current communications capability;
   2. Specified triage protocols;
   3. Hospitals categorized according to existing standards of the department.
3. On and after July 1, 1993, the department may designate trauma system hospitals in areas that meet state objectives and standards.
4. On or after July 1, 1994, the department may implement area trauma system plans.

History. Laws 1993, ch. 94, § 1.

§ 35-1-803. Trauma system hospitals designation.

Applications to be categorized or designated as trauma system hospitals shall be made upon forms provided by the department of health.

History. Laws 1993, ch. 94, § 1.

Temporary provisions. —

Laws 2005, ch. 160, §§ 1 through 3, appropriates $ 2,500,000 from the general fund to the department of health to institute a program to pay hospitals for unreimbursed trauma care. Acute care hospitals are to be reimbursed on a per incident basis, subject to the following: (1) there is compliance with the reporting requirements of the Wyoming trauma care program registry before the request for reimbursement; (2) reimbursement is available for costs incurred after June 30, 2005 and before July 1, 2006; and (3) requests for reimbursement may be submitted to the health department for payment only after 180 days have elapsed from the date the bill for the services rendered was sent to the patient or his representative. The department is to promulgate rules and regulations to administer this program on behalf of the state of Wyoming, which are to include provisions for ensuring that reimbursements do not exceed the appropriated funds, limiting reimbursement to the necessary support of the poor, preventing duplication from this appropriation and insurance, and reimbursing hospitals for trauma service costs. The department may contract with a fiscal agent to make the actual payments and conduct any necessary audits of reimbursement requests. The department is not to reimburse any one acute care hospital in a cumulative amount greater than 25% of the amount appropriated by the act unless the department reasonably concludes, as of May 31, 2006, that the appropriation will not be fully expended, at which time the remaining funds may be used to reimburse hospitals on a pro rata basis above the 25% limit. In addition to the appropriation to carry out the purpose of the program, 50,000 is appropriated to administer the program. On or before December 1, 2005, the department of health is to report to the joint appropriations and the joint labor, health and social services interim committees on the status of the program including costs of services and how funds have been expended.

Laws 2005, ch. 160, § 4, makes act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 35-1-804. Department of health to promulgate rules; contents.

The department shall promulgate reasonable rules and regulations which specify state trauma system objectives and standards, hospital categorization criteria and criteria and procedures to be utilized in designating trauma system hospitals and for the prevention of trauma and injuries. The rules shall be in conformance with the most current standards of the American college of surgeons committee on trauma standards, but may be expanded into further categories.

History. Laws 1993, ch. 94, § 1.

§ 35-1-805. Duties of the department of health.

The department of health shall identify the causes of trauma in Wyoming and propose programs of prevention thereof for consideration by the legislature, health care providers and other agencies concerned with accident prevention or aftercare.

History. Laws 1993, ch. 94, § 1.

§ 35-1-901. Definitions. [Repealed]

History. Laws 2004, Sp. Sess. ch. 5, § 2; Repealed by Laws 2021, ch. 149, § 3.

§ 35-1-902. Medical malpractice insurance assistance account; creation; duties of the department; requirements for assistance; breach. [Repealed]

History. Laws 2004, Sp. Sess., ch. 5, § 2; 2006, ch. 116, § 1; Repealed by Laws 2016, ch. 37, § 2.

§ 35-1-903. Assistance for risk retention group participation; duties of the department; requirements for assistance; breach. [Repealed]

History. Laws 2004, Sp. Sess., ch. 5, § 2; 2006, ch. 116, § 1; 2016, ch. 37, § 1; Repealed by Laws 2021, ch. 149, § 3.

§ 35-1-1001. Wyoming critical access or rural hospital endowment challenge program.

The Wyoming critical access/rural hospital endowment challenge program is created.

History. Laws 2007, ch. 217, § 1.

§ 35-1-1002. Definitions.

1. As used in this article:
   1. “Challenge account” means the critical access or rural hospital endowment challenge account created under this article;
   2. “Critical access or rural hospital” means:
      1. A county hospital established pursuant to W.S. 18-8-101 , et seq., or a special district hospital established pursuant to W.S. 35-2-401 , et seq., that is certified to receive cost-based reimbursement from Medicare or has forty (40) beds or less; or
      2. A hospital that is certified to receive cost-based reimbursement from Medicare or has forty (40) beds or less which is owned by a private not for profit entity and is operated in a county in this state in which there is no hospital meeting the requirements of subparagraph (A) of this paragraph.
   3. “Endowment gift” means an irrevocable gift or transfer to a Wyoming critical access or rural hospital foundation of money or other property, whether real, personal, tangible or intangible, and whether or not the donor or transferor retains an interest in the property, where the gift or the foundation’s interest in the property is required to be used by the foundation exclusively for endowment purposes, provided:
      1. The gift was received or the transfer occurred during the period July 1, 2007, through June 30, 2014; or
      2. A commitment to make the gift or transfer was made in writing to the respective critical access or rural hospital foundation, which commitment was received during the period July 1, 2007, through June 30, 2014, and the gift was received or the transfer occurred not later than June 30, 2015.
   4. “Foundation” means an organization established for each critical access or rural hospital that among other purposes, exists to generate additional revenues for critical access or rural hospital programs and activities;
   5. “Permanent endowment funds managed by a Wyoming critical access or rural hospital foundation” means the endowment funds that are invested by the respective Wyoming critical access or rural hospital foundation on a permanent basis and the earnings on those investments are dedicated to be expended exclusively to benefit and promote the mission, operation or any program or activity of the respective critical access or rural hospital, including but not limited to capital and programmatic expenses, healthcare, increases to the corpus of the endowment and to defray reasonable costs of endowment administration;
   6. “Unobligated,” for purposes of W.S. 35-1-1003(b) and (d), means no commitment meeting the requirements of subparagraph (iii)(B) of this subsection was received prior to June 30, 2012.

History. Laws 2007, ch. 217, § 1; 2012, ch. 87, § 1.

The 2012 amendment, substituted “June 30, 2014” for “June 30, 1012” in (a)(iii)(A); in (a)(iii)(B), substituted “June 30, 2014” for “June 30, 1012,” and substituted “June 30, 2015” for “June 30, 2013”; and added (a)(vi).

Laws 2012, ch. 87, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-1-1003. Wyoming critical access or rural hospital endowment challenge account.

1. The Wyoming critical access or rural hospital endowment challenge account is created and, until June 30, 2013, shall consist of separate accounts, one (1) account for each Wyoming critical access or rural hospital.
2. On June 30, 2012, from amounts which are within the challenge account, or as necessary within separate accounts which are unobligated, one million five hundred thousand dollars ($1,500,000.00) shall be segregated within the endowment challenge account for distribution as provided in W.S. 35-1-1004(k).
3. The state treasurer shall invest funds within the account created under subsection (a) of this section and shall deposit the earnings from account investments to the general fund.
4. Any unexpended and unobligated funds in excess of one million five hundred thousand dollars ($1,500,000.00) from the amount appropriated to the separate accounts within the challenge account shall revert to the budget reserve account on June 30, 2012. Any unexpended funds remaining in the separate accounts within the challenge account shall revert to the budget reserve account on June 30, 2013. Of the one million five hundred thousand dollars ($1,500,000.00) segregated in the challenge account pursuant to subsection (b) of this section, any remaining funds in the account shall revert to the budget reserve account on June 30, 2015.

History. Laws 2007, ch. 217, § 1; 2012, ch. 87, § 1.

The 2012 amendment, added “until June 30, 2013” in (a); added (b); redesignated former (b) to be present (c); and added (d).

Laws 2012, ch. 87, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

§ 35-1-1004. Endowment challenge account matching program; matching payments; agreements with foundations; annual reports.

1. Until June 30, 2012, funds within the challenge account shall be expended as provided in this subsection. Funds within a separate account which are obligated for commitments made prior to July 1, 2012 shall remain in the separate account to fulfill the obligation in accordance with this subsection until June 30, 2013. From and after July 1, 2012 funds in the challenge account shall be expended as provided in subsection (k) of this section. To the extent funds are available in the separate account of any critical access or rural hospital within the endowment challenge account, the state treasurer shall match endowment gifts actually received by that critical access or rural hospital’s foundation. A match shall be paid under this subsection by the state treasurer at the time any accumulated amounts actually received by a critical access or rural hospital foundation total ten thousand dollars ($10,000.00) or more. The match shall be made by transferring from the separate challenge account to the appropriate critical access or rural hospital board of trustees an amount equal to the amount accumulated by the foundation or, if the critical access or rural hospital was eligible to receive revenues from any tax imposed under W.S. 35-2-414(b) and (c) and a tax was not levied or was levied pursuant to one (1) but not both of those subsections, an amount equal to fifty percent (50%) of the amount accumulated by the foundation. The board shall immediately transfer all matching funds received to its foundation. The critical access or rural hospital foundation shall match the funds received under this subsection with an equal amount of foundation funds to be managed in accordance with subsection (b) of this section.
2. Each critical access hospital shall enter into an agreement with its foundation under which the foundation shall manage the matching funds received under subsection (a) of this section in the same manner as other permanent endowment funds are managed by its foundation, including the permanent investment of funds, maintenance of the fund corpus as inviolate and the expenditure of fund earnings for endowment purposes only.
3. Earnings from endowment funds established with matching funds under this section shall be expended only for the purpose of the endowment, including increasing the balance in the fund corpus and reasonable costs of administration.
4. The state treasurer shall make transfers to the appropriate critical access hospital board under this section not later than the end of the calendar quarter following the quarter during which foundation gifts total at least ten thousand dollars ($10,000.00). If gifts are made through a series of payments or transfers, no matching funds shall be transferred under this section until the total value of all payments or transfers actually received totals at least ten thousand dollars ($10,000.00).
5. Matching funds paid under this section shall not be distributed to or encumbered by any critical access or rural hospital foundation in excess of the amount in the challenge account for that critical access or rural hospital. Matching funds shall not be transferred to any critical access or rural hospital board by the state treasurer or from any such board to a foundation except to match gifts actually received by the foundation.
6. If the foundation’s board of any critical access or rural hospital determines that the purpose of an endowment gift to the critical access or rural hospital is not consistent with the mission or capability of that critical access or rural hospital, the gift shall not qualify for matching funds under this section.
7. For the purpose of computing the matching amount, the state treasurer shall use the value of an endowment gift based upon its fair market value at the time the gift is received by the critical access or rural hospital foundation. The critical access or rural hospital shall provide evidence of fair market value for any gift if requested by the state treasurer and shall fund the cost of providing any requested evidence.
8. Each critical access or rural hospital shall on or before October 1 of each year submit a report to the state treasurer from its foundation on the endowment matching program under this section for the preceding fiscal year. The report shall include a financial summary and a review of the accomplishments resulting from endowment program expenditures. The report required under this subsection shall be for each applicable fiscal year through June 30, 2015.
9. Notwithstanding any other provision of this article, for any critical access or rural hospital qualifying under the provisions of W.S. 35-1-1002(a)(ii)(B), funds provided under this article shall be disbursed only to the board of county commissioners in which the hospital is located. The board of county commissioners shall provide those funds to the critical access or rural hospital under contract between the board of county commissioners and the critical access or rural hospital, which contract shall incorporate all provisions of this article and which shall control the distribution and use of those funds.
10. From and after July 1, 2012, to the extent a critical access or rural hospital has not received matching funds under this article totaling at least two hundred fifty thousand dollars ($250,000.00), and to the extent funds segregated under W.S. 35-1-1003(b) are available in the challenge account, the state treasurer shall match endowment gifts actually received by that critical access or rural hospital’s foundation. A match shall be paid under this subsection by the state treasurer at the time any accumulated amounts actually received by a critical access or rural hospital foundation total ten thousand dollars ($10,000.00) or more. The match shall be made by transferring from the challenge account to the appropriate critical access or rural hospital board of trustees an amount equal to the amount accumulated by the foundation or, if the critical access or rural hospital was eligible to receive revenues from any tax imposed under W.S. 35-2-414(b) and a tax was not levied pursuant to that subsection, an amount equal to fifty percent (50%) of the amount accumulated by the foundation. The board shall immediately transfer all matching funds received to its foundation. The critical access or rural hospital foundation shall match the funds received under this subsection with an equal amount of foundation funds to be managed in accordance with subsection (b) of this section.

History. Laws 2007, ch. 217, § 1; 2012, ch. 87, § 1.

The 2012 amendment, added the present first through third sentences in (a); substituted “June 30, 2015” for “June 30, 2014” in (h); and added (k).

Laws 2012, ch. 87, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Appropriations. —

Laws 2012, ch. 87, §§ 2, 3, provides:

2007 Wyoming Session Laws, Chapter 217, Section 2(a) is amended to read:

“(a) Four million dollars ($4,000,000.00) is appropriated from the general fund to the critical access or rural hospital endowment challenge account as created under section 1 of this act. Of this appropriation, not more than two million dollars ($2,000,000.00) shall be transferred to the challenge account as necessary during the fiscal period beginning July 1, 2007 and ending June 30, 2008. The remaining funds shall be transferred to the challenge account as necessary during the fiscal period beginning July 1, 2008 and ending June 30, 2009. Notwithstanding any other provision of law, any unexpended funds in excess of one million five hundred thousand dollars ($1,500,000.00) from the amount appropriated under this subsection shall revert to the budget reserve account on June 30, 2012. Any remaining funds in the account shall revert to the budget reserve account on June 30, 2015.”

2007 Wyoming Session Laws, Chapter 217, Section 2(b) is repealed.

§ 35-1-1101. Provider recruitment grant program.

1. There is created the Wyoming provider recruitment program administered by the department.
2. There is created the Wyoming provider recruitment account. Funds in the account are continuously appropriated to the department to provide grants for provider recruitment. Up to ten percent (10%) of the funds may be used to advertise the provider recruitment program.
3. Subject to the availability of funds, the department shall solicit provider recruitment applications from hospitals, physicians and others seeking to recruit providers. The applications shall be prioritized by need based on geographic area, then by medical need within the geographic area. Priority shall be given to recruitment of private practice providers. The department shall issue award letters to the persons or entities receiving grant authorizations within sixty (60) days after the close of an application period. The grant authorizations shall authorize the person or entity receiving it, for a period of one (1) year, to make a firm offer of recruitment incorporating the benefits authorized by this section to a candidate, conditioned upon Wyoming licensure and the candidate’s signed written agreement to the conditions of this section.
4. The department shall promulgate rules and regulations to administer the program, including provisions for:
   1. Application forms for grants under the program;
   2. Termination of grants and full or partial repayment if a provider fails to comply with the conditions of this section, rules and regulations of the department adopted pursuant to this section or the terms of the written incentive agreement;
   3. Reporting requirements for grant recipients.
5. Grants provided under this section shall be subject to the following:
   1. The provider shall be recruited to a stipulated geographic area;
   2. A provider shall relocate his practice to the state of Wyoming from outside of the state to be eligible for a grant. Providers relocating to the state of Wyoming to become employed by the state or by the United States shall not be eligible for grants. The requirement to relocate pursuant to this paragraph shall not apply to providers recruited from a family practice residency in the state or recruitment of providers employed by the United States department of defense;
   3. The recruitment conditions between a hospital and a physician shall meet the conditions set forth in 42 C.F.R. 411.357(e), as amended;
   4. Recruitment of new providers shall be based on demonstrable need. Those recruiting persons or entities demonstrating the greatest need, in the discretion of the department shall be given the highest priority in receiving grants pursuant to this section;
   5. All recruitment incentives shall be in writing and shall be reported on federal income tax forms;
   6. The recruited provider shall agree to provide medical services in the community to which he was recruited for a period of not less than two (2) years or the recruiting entity shall repay any monies granted under subparagraphs (e)(viii)(B) through (D) of this section to the state of Wyoming plus interest at the rate of ten percent (10%) per annum;
   7. The recruited provider shall agree to provide medical care for not less than two (2) years in underserved areas of the state and shall accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the health care provider is qualified to provide or the recruiting entity shall repay any monies granted under this section to the state of Wyoming plus interest at the rate of ten percent (10%) per annum;
   8. Costs reimbursed through grants under the program shall be documented by the provider as required by the department and may include:
      1. As incentive to the provider recruitment process, recruitment actual costs, up to ten thousand dollars ($10,000.00) per recruited provider, may be awarded to the successful recruiting person or entity paying those costs;
      2. Relocation expenses, not to exceed twenty thousand dollars ($20,000.00);
      3. Malpractice insurance premium for two (2) years, not to exceed ten thousand dollars ($10,000.00) per year;
      4. Signing bonuses not to exceed thirty thousand dollars ($30,000.00).
   9. and (x) Repealed by Laws 2015, ch. 89, §  2.
6. As used in this section:
   1. “Department” means the department of health;
   2. “Hospital” means a county memorial, rural health care district or special hospital district formed and licensed under the laws of the state;
   3. “Physician” means an individual licensed or eligible to be licensed under the laws of this state to practice medicine;
   4. “Program” means the Wyoming provider recruitment grant program;
   5. “Recruiting entity” means a hospital, physician, clinic or other appropriate local organization;
   6. “Provider” means an individual licensed or eligible to be licensed in a health care profession under title 33 of the Wyoming statutes.

History. Laws 2008, ch. 121, § 1; 2015, ch. 89, §§ 1, 2; 2021, ch. 41, § 1.

The 2015 amendment, effective July 1, 2015, substituted “provider” for “physician” throughout the section; rewrote (c); in (e)(ii), rewrote the second sentence; in (e)(iii), deleted “September 5, 2007”; in (e)(vi), inserted “subparagraphs (e)(viii)(B) through (D)”; rewrote the introductory language of (e)(viii); repealed former (e)(ix) and (e)(x), pertaining to grant requirements; (f)(vii); and made related and stylistic changes.

The 2021 amendment , in (c), added "Subject to the availability of funds" at the beginning of the first sentence and made a related change.

Laws 2021, ch. 41, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 30, 2021.

Editor's notes. —

Title XVIII of the Social Security Act, referred to in (e)(vii) of this section , is codified at 42 USCS §§ 1395 et seq.

Effective date.—

Laws 2008, ch. 121, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Appropriations. —

Laws 2008, ch. 121, § 4, provides: “There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the physician recruitment account created by W.S. 35-1-1101 . This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of the physician recruitment program created by W.S. 35-1-1101 . Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on July 1, 2010. This appropriation shall be included in the department's 2011-2012 standard biennial budget request.”

§ 35-1-1201. Definitions.

1. As used in this article:
   1. “Council” means the advisory council on palliative care established pursuant to this article;
   2. “Department” means the department of health, unless the governor establishes the council within a different office or department pursuant to W.S. 35-1-1202 , in which case department means the office or department within which the governor establishes the council;
   3. “Palliative care” means:
      1. Patient and family centered medical care that optimizes quality of life by anticipating, preventing and treating suffering caused by serious illness. Palliative care throughout the continuum of illness involves addressing the physical, emotional, spiritual and social needs of the patient and facilitates patient autonomy, access to information and choice. Palliative care includes, but is not limited to, discussion of the patient’s goals for treatment and discussion of appropriate treatment options including hospice care and comprehensive pain and symptom management when appropriate; and
      2. Care for a terminal, potentially terminal or serious chronic illness that is designed to reduce adverse symptoms, reduce pain and suffering and improve quality of life without, by itself, seeking to cure the illness, prevent death or prolong life. Palliative care includes hospice care. Palliative care does not include treatment or procedures that are meant to hasten death.

History. Laws 2017, ch. 194, § 1.

Effective date. —

Laws 2017, ch. 194, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

§ 35-1-1202. Advisory council on palliative care.

1. There is created the advisory council on palliative care. For administrative purposes the council shall be within the department of health unless otherwise specified by the governor. The council shall consist of not less than nine (9) nor more than thirteen (13) members appointed by the governor. The governor shall appoint a chairman for the council and may appoint a vice-chairman as needed. Membership on the council shall include:
   1. At least two (2) health care professionals with professional experience in palliative or hospice care;
   2. At least one (1) licensed pharmacist;
   3. At least one (1) law enforcement professional with experience in illegal drug offenses or the prosecution of illegal drug offenses;
   4. At least one (1) member with experience counseling seriously ill or dying persons as a member of the clergy or as a mental health professional;
   5. At least one (1) member active in the faith community in Wyoming;
   6. Other members selected by the governor to reach a council size of at least nine (9) but not more than thirteen (13) members, which may include members having training, experience or special knowledge concerning personal caregiving or palliative care in a variety of settings including home, community outpatient and inpatient settings and with a variety of populations including adults and children.
2. The initial appointments shall be for staggered terms with three (3) members being appointed for two (2) year terms, three (3) members being appointed for three (3) year terms and the remaining members being appointed to one (1) year terms. Thereafter, members shall be appointed for three (3) year terms. The governor may remove any member of the council as provided in W.S. 9-1-202 .
3. Vacancies on the council shall be filled by appointment for the unexpired term.
4. The council shall meet not less than two (2) times a year at times and places mutually agreed upon between the chairman of the council and the department.
5. Members of the council shall not receive compensation for their services. The governor may allow council members to receive per diem and mileage in the same manner and amount as members of the legislature, if the governor determines sufficient funds are available.
6. Funding for expenses of the council shall come from the budget of the department, unless the governor, within his discretion as permitted by law, transfers funds from a different budget.
7. The council shall:
   1. As its first priority, seek to maximize the effectiveness of palliative care in Wyoming by making comprehensive and accurate information and education about palliative care available to the public, health care providers and health care facilities;
   2. Consult with and advise the department of health on matters related to the establishment, maintenance, operation and outcomes evaluation of palliative care initiatives in Wyoming;
   3. Be available, as needed, to consult with and advise the department of health on palliative care needs and initiatives for residents of institutions operated by the department of health;
   4. Advise the governor and legislature on policy and legislative needs to improve palliative care in Wyoming;
   5. Seek opportunities to open a dialogue with law enforcement, regulatory bodies and the opioid addiction task force on how to accommodate the legitimate uses of prescription drugs for palliative care with efforts to control the dangerous and illegal uses of those drugs;
   6. When appropriate, advise the state board of pharmacy, the attorney general, the division of criminal investigation and local law enforcement on the needs of palliative care patients for prescription drugs and how to accommodate those needs consistent with efforts to control the dangerous and illegal uses of those drugs; and
   7. Under no circumstances shall the scope of this council be construed or expanded to advocate, legitimize or otherwise provide for euthanasia or assisted suicide.

History. Laws 2017, ch. 194, § 1; 2018, ch. 106, § 1.

The 2018 amendment, in (g)(v), inserted “and the opioid addiction task force” following “regulatory bodies” and made a related change.

Laws 2018, ch. 106, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Effective date. —

Laws 2017, ch. 194, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

§ 35-1-1203. Department duties.

1. The department shall:
   1. Publish information and resources on its website, including links to external resources, concerning:
      1. Palliative care providers and facilities;
      2. Information about palliative care delivery in the home, community outpatient and inpatient settings;
      3. Best practices for palliative care delivery;
      4. Consumer education materials; and
      5. Referral information for palliative care, including hospices.
   2. Develop and implement, as appropriate and consistent with existing appropriations, other initiatives regarding palliative care services and education;
   3. Consult with the council regarding the performance of its duties under this section.

History. Laws 2017, ch. 194, § 1.

Effective date. —

Laws 2017, ch. 194, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

§ 35-1-1204. Optional report to legislature.

The department shall provide the legislature and the legislature’s joint labor, health and social services interim committee with a report by July 1, 2022 on the success or failure of the council. The report should contain recommendations to abolish, continue or modify the council and any other recommendations as are appropriate concerning further palliative care initiatives. The department and council shall provide information necessary for the preparation of this report, provided the information requested is reasonable, economical and not otherwise protected by law. Concerned parties may either collaborate for the preparation of the report or provide their own reports. All reports received pursuant to this section shall be treated as public documents by the joint labor, health and social services interim committee and the legislative service office.

History. Laws 2017, ch. 194, § 1.

Effective date. —

Laws 2017, ch. 194, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

§ 35-1-1205. Sunset.

W.S. 35-1-1201 through 35-1-1204 are repealed effective July 1, 2023.

History. Laws 2017, ch. 194, § 1.

Effective date. —

Laws 2017, ch. 194, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

§§ 35-2-101 through 35-2-112. [Repealed.]

Repealed by Laws 1989, ch. 277, § 2.

Cross references. —

As to licensing and operation of hospitals, health care facilities and health services, see article 9 of this chapter.

Editor's notes. —

These sections, which derived from Laws 1948, Sp. Sess., ch. 7, §§ 1 through 6, and 8 through 13, related to hospitals and related facilities, and provided regulations regarding licenses, inspections, review and appeal of decisions, standards, classifications, acceptance of funds or grants, and violations.

§ 35-2-113. Doctors of medicine, osteopathy, chiropractic, dentistry or podiatrists may practice in public hospitals.

Any hospital owned by the state, or any hospital district, county or city thereof, and any hospital whose support, either in whole or in part, is derived from public funds, shall be open for practice to doctors of medicine, doctors of osteopathy, doctors of chiropractic, doctors of dentistry and podiatrists, who are licensed to practice medicine or surgery, chiropractic, dentistry or podiatry in this state. Provided, however, that these hospitals by appropriate bylaws shall promulgate reasonable and uniform rules and regulations covering staff admissions and staff privileges. Admission shall not be predicated solely upon the type of degree of the applicant and the governing body shall consider the competency and character of each applicant.

History. Laws 1971, ch. 25, § 1; W.S. 1957, § 35-97.1; Laws 1981, ch. 84, § 1; 1991, ch. 24, § 1.

Property interest. —

Because Wyo. Stat. Ann. § 35-2-113 created a procedural right without a mandated outcome, the state-law interest in hospital admission was not protected under the Due Process Clause. Any consideration for admission that plaintiff dentist had did not constitute a protected property interest. Ripley v. Wyo. Med. Ctr., Inc., 559 F.3d 1119, 2009 U.S. App. LEXIS 5370 (10th Cir. Wyo.), cert. denied, 558 U.S. 879, 130 S. Ct. 287, 175 L. Ed. 2d 135, 2009 U.S. LEXIS 6204 (U.S. 2009).

Evidence supported revocation of privileges. —

Substantial evidence supported a decision by a hospital board of trustees to revoke a physician's medical staff privileges because the record contained ample evidence of the physician's inability to work cooperatively with others, to relate to others in a civil, collegial, and courteous manner, and to refrain from disruptive conduct; all six incidents of misconduct involved anger, mistreatment of staff, and disruptive behavior. Guier v. Teton County Hosp. Dist., 2011 WY 31, 248 P.3d 623, 2011 Wyo. LEXIS 32 (Wyo. 2011).

Am. Jur. 2d, ALR and C.J.S. references. —

Exclusion of, or discrimination against, physician or surgeon by hospital, 28 ALR5th 107.

§ 35-2-114. Liability insurance authorized; effect of procurement.

1. The governing body of any county memorial hospital, hospital district or other governmental agency which provides health care services or mental health services within this state may procure any type or amount of liability insurance coverage as it deems prudent to cover any loss by reason of liability for damages on account of injury, sickness or disease, death, property loss or damage. This shall not be construed as creating a liability of such county memorial hospital, hospital district or governmental agency insuring itself, nor shall the failure to procure any such insurance be construed as creating any liability of the county memorial hospital, hospital district or other governmental agency.
2. To the extent of any such insurance coverage procured by a county memorial hospital, hospital district or other governmental agency providing health care or mental health services, the defense of governmental immunity is expressly waived. All defenses which would be available to a private corporation in an action against the corporation are available to the county memorial hospital, hospital district or other health care governmental agency.
3. None of these provisions shall be construed as waiving the individual immunity of any employee, board member or officer of a county memorial hospital, hospital district or other health care governmental agency when the person is acting within the scope of his employment or authority.

History. Laws 1975, ch. 16, § 1; W.S. 1957, § 35-97.2.

Cited in

Diamond Surface, Inc. v. Cleveland, 963 P.2d 996, 1998 Wyo. LEXIS 118 (Wyo. 1998).

Am. Jur. 2d, ALR and C.J.S. references. —

Coverage and exclusions under hospital professional liability or indemnity policy, 65 ALR3d 969.

Recovery for mental or emotional distress resulting from injury to, or death of, member of plaintiff's family arising from physician's or hospital's wrongful conduct, 77 ALR3d 447.

Liability of hospital or similar institution for giving erroneous notification of patient's death, 77 ALR3d 501.

Hospital's liability for negligence in failing to review or supervise treatment given by doctor, or to require consultation, 12 ALR4th 57.

Liability of hospital, physician or other individual medical practitioner for injury or death resulting from blood transfusion, 20 ALR4th 136.

Hospital liability as to diagnosis and care of patients in emergency room, 58 ALR5th 613.

§ 35-2-115. Emergency services.

1. Emergency service and care shall be provided, at the regularly established charges of the hospital, to any person requesting such services or care, or for whom such services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at any hospital licensed in the state of Wyoming that maintains and operates emergency services to the public when such hospital has appropriate facilities and qualified personnel available to provide such services or care.
2. Neither the hospital, its employees, nor any physician licensed to practice in the state of Wyoming shall be held liable in any action arising out of a refusal to render emergency services or care at such licensed hospital, if ordinary medical care and skill is exercised in determining the condition of the person, and a decision is made that such refusal shall not result in any permanent illness or injury to such person or a decision is made that sufficient qualified personnel are not available to treat said person, or a decision is made that facilities or equipment are not available to treat said person or in determining the appropriateness of the facilities, the qualifications and availability of personnel to render such services.

History. Laws 1975, ch. 118, § 1; W.S. 1957, § 35-97.3.

Quoted in

Distad v. Cubin, 633 P.2d 167, 1981 Wyo. LEXIS 370 (Wyo. 1981).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 ALR4th 478.

§§ 35-2-116 and 35-2-117. [Repealed.]

Repealed by Laws 1983, ch. 63, § 2.

Editor's notes. —

These sections, which derived from Laws 1975, ch. 89, § 1, related to tax supported health care facilities.

§ 35-2-118. [Reserved.]

Reserved.

§§ 35-2-119 and 35-2-120. [Repealed.]

Repealed by Laws 1989, ch. 277, § 2.

Editor's notes. —

These sections, which derived from Laws 1981, ch. 2, § 1, and Laws 1981, ch. 3, § 1, related to suspension of nursing home admissions, and suspension or revocation of licenses.

§ 35-2-121. [Repealed.]

Repealed by Laws 1987, ch. 52, § 1.

Editor's notes. —

This section, which derived from Laws 1983, ch. 63, § 1, related to tax supported health care facilities.

§§ 35-2-201 through 35-2-205. [Repealed.]

Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1.

§ 35-2-206. [Repealed.]

Repealed by Laws 1985, ch. 227, §§ 1, 4; 1987, ch. 225, § 1.

§ 35-2-207. [Repealed.]

Repealed by Laws 1985, ch. 227, §§ 2, 4; 1987, ch. 225, § 1.

§§ 35-2-208 through 35-2-211. [Repealed.]

Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1.

§§ 35-2-212 through 35-2-214. [Repealed.]

Repealed by Laws 1985, ch. 227, § 2.

§ 35-2-301. Short title.

This act [§§ 35-2-301 through 35-2-345 ] may be cited as the “State Hospital and Medical Facilities Survey and Construction Act.”

History. Laws 1947, ch. 159, § 1; 1957, ch. 196, § 1; W.S. 1957, § 35-98.

Cross references. —

As to public property and contracts generally, see §§ 16-6-101 to 16-6-118 and 16-6-119 to 16-6-121 .

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of blood shield statutes, 75 ALR5th 229.

§ 35-2-302. Definitions.

1. As used in this act [§§ 35-2-301 through 35-2-345 ]:
   1. “Commissioner” means the director of the state department of health. The director of the state department of health shall be, ex officio, the commissioner;
   2. “The federal act” means title VI of the Public Health Service Act (42 U.S.C. § 291 et seq.) as is now and as may hereafter be amended;
   3. “The surgeon general” means the surgeon general of the public health service of the United States;
   4. “Hospital” includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses’ home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care;
   5. “Public health center” means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers;
   6. “Nonprofit hospital” means any hospital or medical facility owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual;
   7. “Medical facilities” means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act and such other medical facilities for which federal aid may be authorized under the federal act.

History. Laws 1947, ch. 159, § 2; 1957, ch. 196, § 2; W.S. 1957, § 35-99; Laws 1991, ch. 221, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

Medical malpractice: Who are “health care providers,” or the like, whose actions fall within statutes specifically governing actions and damages for medical malpractice, 12 ALR5th 1.

§ 35-2-303. Department of health; sole agency for making an inventory and developing and administering state plan.

1. The department of health shall constitute the sole agency of the state for the purpose of:
   1. Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of hospital construction as provided in W.S. 35-2-320 through 35-2-322 ; and
   2. Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided in W.S. 35-2-340 through 35-2-345 .

History. Laws 1947, ch. 159, § 3; 1957, ch. 196, § 3; W.S. 1957, § 35-100; Laws 1991, ch. 221, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-2-304. Powers and duties of commissioner enumerated.

1. In carrying out the purposes of the act [§§ 35-2-301 through 35-2-345 ], the commissioner is authorized and directed:
   1. To require such reports, make such inspections and investigations and prescribe such regulations as he deems necessary;
   2. To provide such methods of administration, appoint personnel and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder;
   3. To procure the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
   4. To the extent that he considers desirable to effectuate the purposes of this act [§§ 35-2-301 through 35-2-345 ], to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;
   5. To accept on behalf of the state and to deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this act, and to expend the same for such purposes;
   6. As required by W.S. 9-2-1014 , to report to the governor concerning activities and expenditures and recommendations for such additional legislation as the commissioner considers appropriate to furnish adequate hospital, clinic, and similar facilities to the people of this state.

History. Laws 1947, ch. 159, § 4; W.S. 1957, § 35-101; Laws 1973, ch. 215, § 1; 1991, ch. 221, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “federal act.” —

For the definition of “federal act,” referred to in this section, see § 35-2-302(a)(ii).

§ 35-2-305. [Repealed.]

Repealed by Laws 1979, ch. 155, § 3.

Editor's notes. —

This section, which derived from Laws 1947, ch. 159, § 5, related to advisory councils.

§ 35-2-306. Disbursement of funds.

All claims against funds made available for the administration of this act [§§ 35-2-301 through 35-2-345 ] shall be submitted, audited, allowed and paid in the same manner as other claims against the state and in addition thereto shall be approved by the commissioner.

History. Laws 1947, ch. 159, § 6; W.S. 1957, § 35-103.

Cross references. —

As to claims against state, see § 9-1-404 .

Severability. —

Section 17, ch. 159, Laws 1947, reads: “If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.”

Repealing clauses. —

Section 18, ch. 159, Laws 1947, repealed all acts or parts of acts inconsistent with that act.

§ 35-2-320. Duties of commissioner.

The commissioner is authorized and directed to make an inventory of existing hospitals and medical facilities, including public, nonprofit and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities, and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital, medical facility and similar services to all the people of the state.

History. Laws 1947, ch. 159, § 7; 1957, ch. 196, § 5; W.S. 1957, § 35-104.

§ 35-2-321. Construction program.

The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the state.

History. Laws 1947, ch. 159, § 8; 1957, ch. 196, § 6; W.S. 1957, § 35-105.

§ 35-2-322. Application for and use of federal funds.

The commissioner is authorized to make application to the surgeon general for federal funds to assist in carrying out the survey and planning activities herein provided. Such funds shall be deposited in the state treasury and shall be available for expenditure for carrying out the purposes of W.S. 35-2-320 through 35-2-322 . Any such funds received and not expended for such purposes shall be repaid to the treasury of the United States.

History. Laws 1947, ch. 159, § 9; W.S. 1957, § 35-106.

Repealing clauses. —

Section 18, ch. 159, Laws 1947, repealed all acts or parts of acts inconsistent with that act.

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and application of Emergency Medical Treatment and Active Labor Act (42 USC § 1395dd), 104 ALR Fed 166.

§ 35-2-340. Preparation and submission to surgeon general; notice and hearing prerequisite to submission; publication upon approval; subsequent modifications.

The commissioner shall prepare and submit to the surgeon general a state plan which shall include the hospital and medical facilities construction program developed under W.S. 35-2-320 through 35-2-322 and which shall provide for the establishment, administration, and operation of the hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder. The commissioner shall, prior to the submission of such plan to the surgeon general, give adequate publicity to a general description of all the provisions proposed to be included therein, and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the surgeon general, the commissioner shall publish a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state, and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations. The commissioner shall from time to time review the hospital and medical facilities construction program and submit to the surgeon general any modifications thereof which he may find necessary and may submit to the surgeon general such modifications of the state plan, not inconsistent with the requirements of the federal act, as he may deem advisable.

History. Laws 1947, ch. 159, § 10; 1957, ch. 196, § 7; W.S. 1957, § 35-107.

§ 35-2-341. Minimum standards of maintenance.

The commissioner shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and medical facilities which receive federal aid for construction under the state plan.

History. Laws 1947, ch. 159, § 11; 1957, ch. 196, § 8; W.S. 1957, § 35-108; Laws 1991, ch. 221, § 2.

§ 35-2-342. Relative need for projects to be set forth.

The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operation make possible, in the order of such relative need.

History. Laws 1947, ch. 159, § 12; W.S. 1957, § 35-109.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of statute requiring establishment of “need” as precondition to operation of hospital or other facilities for the care of sick people, 61 ALR3d 278.

§ 35-2-343. Applications for construction projects; conformity to federal and state requirements required.

Applications for hospital and medical facility construction projects for which federal funds are requested shall be submitted to the commissioner and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a hospital or a medical facility. Each application for a construction project shall conform to federal and state requirements.

History. Laws 1947, ch. 159, § 13; 1957, ch. 196, § 9; W.S. 1957, § 35-110.

§ 35-2-344. Hearing and approval of applications for construction.

The commissioner shall afford to every applicant for a construction project an opportunity for a fair hearing. If the commissioner, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of W.S. 35-2-343 and is otherwise in conformity with the state plan, he shall approve such application and shall recommend and forward it to the surgeon general.

History. Laws 1947, ch. 159, § 14; W.S. 1957, § 35-111.

§ 35-2-345. Inspection of construction projects; payment of installment of federal funds.

From time to time the commissioner shall inspect each construction project approved by the surgeon general, and, if the inspection so warrants, the commissioner shall certify to the surgeon general that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.

History. Laws 1947, ch. 159, § 15; W.S. 1957, § 35-112.

§ 35-2-401. Establishment of hospital district.

1. through (c) Repealed by Laws 1998, ch. 115, § 5.
2. A special hospital district may be established and subsequent elections held under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.
   1. through (iii) Repealed by Laws 2017, Ch. 106, §  2.
3. As an alternative to the procedures specified in subsection (d) of this section, a special hospital district may be established and subsequent elections held through the following procedures:
   1. The board of county commissioners may, by resolution, submit the question of establishing the special hospital district to the electors of the proposed district at the next general election or another date as provided by W.S. 22-2-104 . The board shall provide notice that it will consider the resolution at least thirty (30) days prior to the meeting at which the resolution will be considered. Notice of the election shall be given as required by W.S. 22-29-110 ;
   2. If a majority of the voters in the proposed district voting at the election specified in paragraph (i) of this subsection vote for the establishment of the district the board of county commissioners shall enter that fact upon its record and the district is established;
   3. Any subsequent election for a special hospital district established under this subsection shall be held as set forth in the Special District Elections Act of 1994.

History. Laws 1955, ch. 244, § 1; 1957, ch. 54, § 1; W.S. 1957, § 35-114; Laws 1959, ch. 144, § 1; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1998, ch. 115, §§ 2, 5; 2013, ch. 48, § 1; 2017, ch. 106, §§ 1, 2; 2018, ch. 101, § 1.

The 2013 amendment, substituted “created and subsequent district elections held through the following procedure:” for “established and subsequent elections held under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.” in (d); and added (d)(i) through (d)(iii).

Laws 2013, ch. 48, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

The 2018 amendment, added (e).

Laws 2018, ch. 101, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Cited in

Reynolds v. West Park Hosp. Dist. (In re West Park Hosp. Dist.), 2010 WY 69, 231 P.3d 1275, 2010 Wyo. LEXIS 72 (May 27, 2010); Guier v. Teton County Hosp. Dist., 2011 WY 31, — P.3d —, 2011 Wyo. LEXIS 32 (Feb. 24, 2011).

§ 35-2-402. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

This section, which derived from Laws 1955, ch. 144, § 2, related to establishment of a hospital district upon majority vote.

§ 35-2-403. Body corporate; name and style; powers generally; rules and regulations of trustees; definitions of certain terms.

1. Each district is a body corporate, the name of which shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located and which shall be entered upon the commissioner’s records. In the name selected, the district may hold property and be a party to contracts, shall have power to sue and be sued, shall be empowered through its governing board to acquire real and personal property and equipment for hospital purposes by gift, devise, bequest or purchase, and enter into contracts for the acquisition by purchase or lease of real and personal property and equipment and convey, lease and otherwise dispose of its property for the hospital. The trustees may make rules and regulations necessary for the purposes of the hospital district and shall file them with the county clerk for each county in which the district is located, and establish sinking funds for hospital purposes as well as issue bonds for the purchase of real property and improvements and equipment for hospital purposes in the manner hereinafter provided.
2. As used in this act:
   1. “Hospital” and “hospital purposes” means any institution, place, building or agency in which any accommodation is maintained, furnished or offered for the hospitalization of the sick or injured or care of any person requiring or receiving chronic or convalescent care or emergency medical services, and includes public health centers, community mental health centers and other types of hospitals and centers, including but not limited to general, tuberculosis, mental and chronic disease hospitals, and also medical facilities, and related facilities;
   2. “Medical facilities” includes but is not limited to diagnostic or treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act Public Law 482, 83 congress, July 12, 1954 (C. 471, Sec. 4 (c)-(f), 68 Stat. 465-466), as amended;
   3. “Related facilities” means but is not limited to laboratories, outpatient departments, nurses’ homes and nurses’ training facilities and central service facilities operated in connection with hospitals.
3. In addition to subsection (a) of this section, each district may engage in activities authorized under:
   1. W.S. 18-8-301 subject to requirements and conditions specified therein;
   2. W.S. 35-2-1202(a) for the purpose of providing senior health care as defined in W.S. 35-2-1201(b). This paragraph shall not be construed to authorize an increase to the district mill level beyond the limits established in W.S. 35-2-414 .
4. Subject to constitutional limitations, in addition to any other securities the legislature authorizes or has authorized by law for investment, any funds of the district may be invested by the board in any security which has been recommended by an investment advisor registered under the Uniform Investment Advisor’s Act of 1940 as amended, or any bank exercising its trust powers, and approved by the district board. In approving securities for the investment under this subsection, the board shall be subject to and act in accordance with the provisions of the Wyoming Uniform Prudent Investor Act. The provisions of this subsection shall not be construed to authorize the use of any revenues generated from taxes to engage in any activity authorized under W.S. 18-8-301(a).

History. Laws 1955, ch. 244, § 3; W.S. 1957, § 35-116; Laws 1959, ch. 142, § 1; 1965, ch. 99, § 1; 1975, ch. 39, § 1; 1989, ch. 136, § 2; 1994, ch. 99, § 2; 2005, ch. 172, § 1; 2016, ch. 64, § 1; 2020, ch. 17, § 2.

The 2005 amendment added (d).

Laws 2005, ch. 172, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2016 amendment , effective July 1, 2016, inserted “or emergency medical services” near the middle of (b)(i).

The 2020 amendment, effective July 1, 2020, in (c) added designation (i) and added (c)(ii).

Editor's notes. —

The federal act cited in subsection (b)(ii) appeared as 42 U.S.C. § 291i before being omitted when title 42 was revised in 1964.

Law reviews. —

See article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” VII Land & Water L. Rev. 617 (1972).

§ 35-2-404. Procedure for initial election of trustees; number, term of trustees; qualifications; disposition of ballots and affidavits.

1. An election of trustees shall be held in accordance with the Special District Elections Act of 1994 at the same time as the election for the formation of the district. At the election a board of five (5) trustees shall be elected who shall serve without compensation to govern the affairs of the district. There shall be elected three (3) members to serve until the next succeeding district election and two (2) members to serve until the second succeeding district election and until their successors are elected and qualified. Thereafter, members shall be elected for terms of four (4) years. The board of trustees shall, prior to the publication of notice required under W.S. 22-29-112(c), determine whether the board of trustees should be established at five (5) members or seven (7) members. If the board determines that the number of trustees should be expanded it may appoint the additional members in accordance with W.S. 22-29-202 until the next subsequent trustee election. The next subsequent trustee election shall reflect any modification made. If a board of trustees fails to establish the number of trustees to be elected, the board shall be established at five (5) members. No current term of any trustee shall be affected by any modification made under this subsection. Subsequent elections shall be held in accordance with the Special District Elections Act of 1994.
2. Excluding employees of the district, any qualified elector resident in a hospital district is eligible to hold the office of hospital district trustee in the hospital district.
3. After the official certificate of election has been prepared, ballots and affidavits shall be sealed in envelopes and retained by the appropriate board for six (6) months or until termination of any election contest affected by the ballots or affidavits and shall then be destroyed. Prior to destruction, the envelope shall be opened only on court order.

History. Laws 1955, ch. 244, § 4, W.S. 1957, § 35-117; Laws 1980, ch. 19, § 2; 1994, ch. 99, § 2; 1998, ch. 115, § 2; 2005, ch. 240, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (a).

Temporary provisions. —

Laws 2005, ch. 240, § 2, directs that any additional hospital district trustee authorized pursuant to the act is to be appointed in accordance with W.S. 22-29-202 and is to serve until the next subsequent trustee election for trustees of the hospital district, at which time a trustee will be elected for a four-year term. Special hospital district boards of trustees consisting of six members as of the effective date of the act will be modified to consist of either five or seven members as provided in amended subsection (a). No current term of any special hospital district trustee is to be affected by this act.

Cited in

Reynolds v. West Park Hosp. Dist. (In re West Park Hosp. Dist.), 2010 WY 69, 231 P.3d 1275, 2010 Wyo. LEXIS 72 (May 27, 2010); Guier v. Teton County Hosp. Dist., 2011 WY 31, — P.3d —, 2011 Wyo. LEXIS 32 (Feb. 24, 2011).

§§ 35-2-405 through 35-2-411. [Repealed.]

Repealed by Laws 1980, ch. 19, § 3.

Editor's notes. —

These sections, which derived from Laws 1955, ch. 244, §§ 5 to 11, related to hospital district elections.

§§ 35-2-412 and 35-2-413. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

These sections, which derived from Laws 1955, ch. 244, § 12 and 13, related to the trustees' oath of office and the election of trustee officers.

Cross references. —

For constitutional oath of office, see art. 6, §§ 20, 21, Wyo. Const.

§ 35-2-414. Administration of finances; assessment and levy of tax.

1. The board of trustees of special hospital districts shall administer the finances of such districts according to the provisions of the Uniform Municipal Fiscal Procedures Act. The assessor shall at the time of making the annual assessment of his district also assess the property of each special hospital district in his county and return to the county assessor at the time of returning the assessment schedules, separate schedules listing the property of each such district assessed by him. Said separate schedules shall be compiled by the county assessor, footed and returned to the board of county commissioners as provided for other assessment schedules.
2. The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in such district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each such district, but in no case shall the tax for such district exceed in any one (1) year the amount of three (3) mills for operation on each dollar of assessed valuation of such property except as provided by subsection (c) of this section. There shall be no limit on the assessment for the payment of principal and interest on bonds approved by the board of county commissioners and approved by the electors of the district as provided in W.S. 35-2-415 . The taxes and assessments of all special hospital districts shall be collected by the county collector at the same time and in the same manner as state and county taxes are collected, provided, however, said assessment and tax levied under the provisions of this act [§§ 35-2-401 through 35-2-421 ] shall not be construed as being a part of the general county mill levy.
3. Notwithstanding subsection (b) of this section, if the board of trustees votes to increase the mill levy beyond three (3) mills as authorized by subsection (b) of this section, the board of county commissioners shall call an election within the district upon the question of whether the mill levy should be increased beyond three (3) mills. The election shall be called, conducted and canvassed as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 , on the first date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the trustees vote to increase the mill levy beyond three (3) mills. In no event shall the tax in a district exceed in any one (1) year the amount of six (6) mills for operation and maintenance on each dollar of assessed valuation of property. The increase in mill levy is effective only if the question is approved by a majority of those voting thereon within the hospital district. The cost of any special election under this subsection shall be borne by the board of trustees.
4. If the proposition to authorize a mill levy is approved, the same proposition or a proposition to impose a mill levy in a different amount, not to exceed three (3) mills, shall be submitted to the voters, until defeated, at the second general election following the election at which the proposition was initially approved and at the general election held every four (4) years thereafter. If the proposition to impose or continue the tax is defeated, the proposition shall not again be submitted to the electors for at least twenty-three (23) months.

History. Laws 1955, ch. 244, § 14; W.S. 1957, § 35-127; Laws 1959, ch. 144, § 3; 1971, ch. 153, § 1; 1991, ch. 236, § 1; 1996, ch. 97, § 2; 2010, ch. 3, § 2; 2012, ch. 98, § 1.

The 2010 amendment, effective July 1, 2010, inserted “at the second general election following the election at which the proposition was initially approved and” in (d).

The 2012 amendment, substituted “Uniform Municipal Fiscal Procedures Act” for “Wyoming Municipal Budget Act” in (a).

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

Wyoming Municipal Budget Act. —

The Wyoming Municipal Budget Act, referred to in the first sentence in subsection (a), appeared as §§ 9-7-301 through 9-7-316 before being repealed in 1980, prior to the 1982 revision of title 9.

Hospital district tax levy authorized though town's general levy exceeded limit when both combined. —

The county commissioners could levy a tax of not exceeding three mills for the operation and maintenance of a hospital district though tax when combined with town's general levy exceeded eight mills, since operation and maintenance of a hospital district is not an essential function of a town or city. War Memorial Hosp. of Dist. v. Board of County Comm'rs, 73 Wyo. 371, 279 P.2d 472, 1955 Wyo. LEXIS 4 (Wyo. 1955).

§ 35-2-415. General obligation coupon bonds; requirements as to issuance generally; submission of question to electors.

The board of trustees of a hospital district may upon approval of the board of county commissioners submit to the electors of the district the question whether the board shall be authorized to issue the general obligation coupon bonds of the district in a certain amount, not to exceed five percent (5%) of the assessed value of the taxable property in the district, and bearing a certain rate of interest, payable and redeemable at a certain time, not exceeding twenty-five (25) years for the purchase of real property, for the construction or purchase of improvements and for equipment for hospital purposes.

History. Laws 1955, ch. 244, § 16; W.S. 1957, § 35-129; Laws 1969, ch. 20, § 1; 1971, ch. 254, § 27; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Cross references. —

As to payment of interest and principal, see § 35-2-420 .

Issuance by trustees requires electorate approval. —

When general obligation bonds are to be issued by trustees of hospital district, there must be election by submitting the question to the electors for prior approval. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

§ 35-2-416. General obligation coupon bonds; conduct and results of election.

The election authorized under W.S. 35-2-415 shall be called, conducted and the results thereof canvassed and certified in all respects as near as practicable in the same manner as is provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .

History. Laws 1955, ch. 244, § 17; W.S. 1957, § 35-130; Laws 1996, ch. 97, § 2.

§ 35-2-417. General obligation coupon bonds; issuance, form, notice, value, rejection of bids, and private sale.

If the proposal to issue said bonds shall be approved, the board of trustees may issue such bonds in such form as the board may direct and shall give notice by publication in some newspaper published in the counties in which said district is located and in some newspaper of general circulation in the capital of this state of its intention to issue and negotiate such bonds, and to invite bidders therefor; provided that in no case shall such bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. And the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district.

History. Laws 1955, ch. 244, § 18; W.S. 1957, § 35-131.

§ 35-2-418. General obligation coupon bonds; preparation and execution; register to be kept.

After ascertaining the best terms upon and the lowest interest at which said bonds can be negotiated, the board shall secure the proper engraving and printing and consecutive numbering thereof, and said bonds shall thereupon be otherwise properly prepared and executed. They must bear the signature of the president of the board of trustees and be countersigned by the secretary of the board and bear the district seal and be countersigned by the county treasurer of the county in which said district’s funds are kept, and the coupons attached to the bonds must be signed by the said president, secretary and county treasurer; and the secretary of the board shall endorse a certificate upon every such bond, that the same is within the lawful debt limit of such district and is issued according to law and he shall sign such certificate in his official character. When so executed, they shall be registered by the county treasurer where said district’s funds are kept in a book provided for that purpose, which must show the number and amount of each bond and the person to whom the same is issued.

History. Laws 1955, ch. 244, § 19; W.S. 1957, § 35-132.

§ 35-2-419. General obligation coupon bonds; payment guaranteed.

The full faith and credit of each hospital district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by such district.

History. Laws 1955, ch. 244, § 20; W.S. 1957, § 35-133.

§ 35-2-420. General obligation coupon bonds; payment of interest and principal.

The county treasurer where said district’s funds are kept may pay out of any moneys belonging to said district tax fund, the interest and the principal upon any bonds issued by such district, when the same becomes due, upon the presentation at his office of the proper coupon or bond, which must show the amount due, and each coupon must also show the number of the bond to which it belonged, and all bonds and coupons so paid, must be reported to the district trustees at their first regular meeting thereafter.

History. Laws 1955, ch. 244, § 21; W.S. 1957, § 35-134.

Cross references. —

As to rate of interest, see § 35-2-415 .

§ 35-2-421. General obligation coupon bonds; validity.

All hospital districts heretofore formed and organized under the provisions of chapter 58 of the Session Laws of Wyoming, 1949, or under the provisions of chapter 141, Session Laws of Wyoming, 1951, are hereby declared to be duly organized and existing hospital districts; and all bonds heretofore issued and sold for the purpose of providing for the purchase of real property and improvements and equipment for hospital purposes, by any hospital district established under the provisions of chapter 58, Session Laws of Wyoming, 1949, or under the provisions of chapter 141, Session Laws of Wyoming, 1951, where the purchase money for such bonds has been actually received and retained for the purpose for which such bonds were sold, are hereby declared to be the valid and legally binding obligations of such district and all proceedings under which such bonds were issued are approved, ratified and declared valid.

History. Laws 1955, ch. 244, § 22; W.S. 1957, § 35-135.

Editor's notes. —

Chapter 58, Laws 1949, and ch. 141, Laws 1951, referred to in this section, were repealed by § 25, ch. 243, Laws 1955, and by § 24, ch. 244, Laws 1955.

Severability. —

Section 23, ch. 244, Laws 1955, reads: “It is hereby declared to be the legislative intention that if any portion or part of this act shall be judicially determined to be unconstitutional, the remainder of the act shall continue in full force and effect.”

§ 35-2-422. Additional area within district; annexation; method.

1. Whenever a hospital district has been established as provided by law, it may be enlarged by annexation of additional, contiguous territory within the county.
2. Whenever a petition, signed by twenty-five percent (25%) of the registered electors residing within the area to be annexed in the county which is not part of an established hospital district in the county, is presented to the board of county commissioners of the county, the county commissioners shall within five (5) days request the board of trustees of the established hospital district either to approve or reject the petition.
3. The board of trustees of the hospital district shall act upon the request within thirty (30) days. If no action is taken within that time, the petition is deemed rejected by the trustees. If the petition is accepted by the trustees, the board of county commissioners shall call an election within the county upon the question of whether the area described by the petition shall be annexed to the existing hospital district. The election shall be called for the next election date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the petition is accepted and be conducted in accordance with the procedure for bond elections as provided by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 . The annexation is effective only if the question is approved by a majority of those voting thereon both within the existing hospital district and within the area described by the petition. The board of county commissioners shall by resolution declare the district expanded by the additional area and shall designate a name for the expanded hospital district.
4. After the resolution declaring the existence of the expanded hospital district, the board of county commissioners shall call an election for the purpose of election of trustees of the hospital district as expanded. The board of trustees of the hospital district shall be qualified electors of the entire district so expanded. The election shall be called for a date determined by the board of county commissioners and shall be held in the manner provided by law for the first election of trustees of the original district. Trustees of the original district shall remain in office until the trustees of the expanded district are elected and qualified.

History. Laws 1973, ch. 167, § 1; W.S. 1957, § 35-135.1; Laws 1978, ch. 16, § 1; 1996, ch. 97, § 2; 1998, ch. 115, § 2.

§ 35-2-423. Restriction on maintenance of hospitals in cities and towns.

No city or town which is within the boundaries of a special hospital district organized under W.S. 35-2-401 through 35-2-436 [35-2-401 through 35-2-438 ] shall construct or operate a hospital more than one (1) year after the formation of the hospital district. Nothing in this section prohibits a city or town from contributing to the support of a hospital district.

History. Laws 1953, ch. 153, § 1; W.S. 1957, § 35-136; Laws 1979, ch. 85, § 1.

Repealing clauses. —

Section 2, ch. 153, Laws 1953, repealed all acts or parts of acts inconsistent with that act.

§ 35-2-424. Securities for acquiring and improving hospitals and related facilities; issuance authorized; lines of credit and tax and revenue anticipation notes.

1. The trustees of a hospital district established pursuant to W.S. 35-2-401 , are hereby authorized to issue revenue bonds, notes and warrants or other revenue securities, hereinafter referred to as securities, for the purpose of acquiring, erecting, constructing, reconstructing, improving, remodeling, furnishing and equipping hospitals and related facilities including any facilities for senior health care as defined under W.S. 35-2-1201(b), and acquiring a site or sites therefor, from time to time hereafter as the trustees may determine.
2. If there are no monies available to the trustees of a hospital district before receipt of property taxes the trustees may issue warrants in anticipation of the receipt of property taxes for payment of operational expenses. The aggregate amount of the warrants shall not exceed the total amount of taxes levied. The warrants shall be payable solely from the collected taxes.
3. The trustees of a hospital district may obtain financing for its operations by entering into agreements for lines of credit with any financial institution as defined in W.S. 13-1-101(a)(ix). The line of credit may either be unsecured, or secured by a pledge of revenues anticipated to be received during the current fiscal year.
4. In addition to its authority to issue warrants under this section, the trustees of a hospital district may issue tax and revenue anticipation notes in amounts not to exceed eighty percent (80%) of the total amount of taxes levied for operation of the district for the fiscal year during which the notes are issued when the board determines that insufficient funds are available to meet the obligations of the hospital during any fiscal year. A hospital district shall not enter into agreements or issue instruments of the type allowed by this section for any fiscal year until all debts financed by such agreements or instruments for any prior fiscal year have been paid in full. Tax and revenue anticipation notes issued under this subsection are subject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 for state tax and revenue anticipation notes, except:
   1. The authority of the state treasurer referenced in W.S. 9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes; and
   2. Notwithstanding W.S. 9-4-1105(a), investments of the proceeds of the notes by the board are limited to those investments authorized under W.S. 9-4-831 .

History. Laws 1969, ch. 25, § 1; W.S. 1957, § 35-136.1; Laws 1989, ch. 93, § 1; 2000, ch. 46, § 1; 2020, ch. 17, § 2.

Cross references. —

For General Obligation Public Securities Refunding Law, see §§ 16-5-101 to 16-5-119 .

For 1965 Public Securities Validation Act, see §§ 16-5-201 to 16-5-204 .

The 2020 amendment, effective July 1, 2020, in (a), added “including any facilities for senior health care as defined under W.S. 35-2-1201(b)” following “related facilities.”

Cited in

Frank v. City of Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

§ 35-2-425. Securities for acquiring hospitals and related facilities; requirements generally.

1. Except as otherwise provided, securities issued hereunder shall be authorized by resolution adopted by the trustees, shall bear date or dates, shall be in a denomination or denominations, shall mature at a time or times but in no event exceeding fifty (50) years from their date, shall be sold at public or private sale, and the securities and coupons shall be payable in a medium of payment at a banking institution or other place or places within or without the state, as determined by the trustees, may be made subject to prior redemption in advance of maturity in order or by lot or otherwise at a time or times without or with the payment of a premium or premiums not exceeding ten percent (10%) of the principal amount of the security so redeemed, as determined by the trustees. The resolution may provide for the accumulation of net revenue for a reserve fund and shall contain other or further covenants and agreements as may be determined by the governing board for the protection of bondholders.
2. Any resolution authorizing the issuance of securities or other instruments appertaining thereto may provide for the capitalizing of interest on any securities during any period of construction estimated by the trustees and one (1) year thereafter and any other cost of any project herein authorized, by providing for the payment of the amount capitalized from the proceeds of the securities.
3. Securities may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both.
4. Any resolution authorizing the issuance of securities, or any other instrument appertaining thereto may provide for their reissuance in other denominations in negotiable or nonnegotiable form and otherwise in such manner and form as the trustees may determine.
5. Any resolution authorizing, or other instrument appertaining to, any securities hereunder may provide that each security therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all securities issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
6. Subject to the payment provisions herein specifically provided, any securities, any interest coupons thereto attached, shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code [§§ 34.1-1-101 through 34.1-10-104], except as the trustees may otherwise provide, and each holder of such security, or of any coupons appertaining thereto, by accepting such security or coupon shall be conclusively deemed to have agreed that such security or coupon (except as otherwise provided) is and shall be fully negotiable within the meaning and for all purposes of said Uniform Commercial Code.
7. Notwithstanding any other provision of law, the trustees in any proceedings authorizing securities hereunder:
   1. May provide for the initial issuance of one (1) or more securities aggregating the amount of the entire issue or any part thereof;
   2. May make such provisions for installment payments of the principal amount of any such security as it may consider desirable;
   3. May provide for the making of any such security payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payment of interest on such securities.
8. Except for any securities which are registrable for payment of interest, interest coupons payable to bearer and appertaining to the securities shall be issued and shall bear the original or facsimile signature of the president of the trustees.
9. Any securities herein authorized may be executed as provided by W.S. 16-2-101 through 16-2-103 .
10. The securities and any coupons bearing the signature of the officers in office at the time of the signing thereof, shall be valid and binding obligations of the trustees, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

History. Laws 1969, ch. 25, § 2; W.S. 1957, § 35-136.2; Laws 1971, ch. 254, § 42; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Election not required. —

This section and §§ 35-2-426 through 35-2-428 do not require election prior to issuance of revenue bonds, payable solely from special fund revenues derived from and realized after payment of costs of operation and maintenance of facilities. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

§ 35-2-426. Securities for acquiring hospitals and related facilities; not a general obligation of hospital district or trustees; payable from special fund.

The securities to be issued hereunder shall not constitute a general obligation of the hospital district, nor of the trustees, but shall be payable solely from a special fund to contain the net revenue to be derived from the operation of the hospitals and related facilities including any facilities for senior health care as defined under W.S. 35-2-1201(b), such revenues being defined as those remaining after paying the costs of operating and maintaining said facilities.

History. Laws 1969, ch. 25, § 3; W.S. 1957, § 35-136.3; Laws 2020, ch. 17, § 2.

Election not required. —

This section and §§ 35-2-425 , 35-2-427 and 35-2-428 do not require election prior to issuance of revenue bonds, payable solely from special fund revenues derived from and realized after payment of costs of operation and maintenance of facilities. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

The 2020 amendment, effective July 1, 2020, added “including any facilities for senior health care as defined under W.S. 35-2-1201(b)” following “related facilities.”

§ 35-2-427. Securities for acquiring hospitals and related facilities; issuance from time to time in one or more series.

The securities authorized hereby may be issued from time to time and in one (1) or more series as the trustees may determine.

History. Laws 1969, ch. 25, § 4; W.S. 1957, § 35-136.4.

Election not required. —

This section and §§ 35-2-425 , 35-2-426 and 35-2-428 do not require an election prior to issuance of revenue bonds, payable solely from special fund revenues derived from and realized after payment of costs of operation and maintenance of facilities. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

§ 35-2-428. Securities for acquiring hospitals and related facilities; obligation of trustees to holders; suit for default, misuse of funds.

The obligation of the trustees to the holders of the securities shall be limited to applying the funds, as set forth above, to the payment of interest and principal on said securities, and the securities shall contain a provision to that effect. In the event of default in the payment of said securities or the interest thereon, and in the event that the trustees are misusing such funds or not using them as provided by this act and the resolution authorizing the securities, or in the event of any other breach of any protective covenant or other contractual limitation, then such holders, or any of them, may bring suit against the trustees in the district court of the county in which the hospital or any of its related facilities including any facilities for senior health care as defined under W.S. 35-2-1201(b), are located for the purpose of restraining the trustees from using such funds for any purpose other than the payment of the principal and interest on such securities in the manner provided, or for any other appropriate remedy.

History. Laws 1969, ch. 25, § 5; W.S. 1957, § 35-136.5; Laws 2020, ch. 17, § 2.

Election not required. —

This section and §§ 35-2-425 through 35-2-427 do not require election prior to issuance of revenue bonds, payable solely from special fund revenues derived from and realized after payment of costs of operation and maintenance of facilities. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

The 2020 amendment, effective July 1, 2020, added “including any facilities for senior health care as defined under W.S. 35-2-1201(b)” following “related facilities.”

§ 35-2-429. Construction to be done by contract based on competitive bidding; alternate delivery methods.

1. Except as provided under subsection (b) of this section and otherwise, the work of constructing the various buildings shall be done by contract based on competitive bidding. Notice of call for bids shall be for such period of time and in such manner as the trustees may determine, and the trustees shall have the power to reject any and all bids and readvertise for bids as they consider proper.
2. Any hospital district may contract for design and construction services through an alternate delivery method as defined in W.S. 16-6-701 .

History. Laws 1969, ch. 25, § 6; W.S. 1957, § 35-136.6; Laws 2006, ch. 98, § 2.

The 2006 amendment, effective July 1, 2006, added (b), substituted “provided under subsection (b) of this section and otherwise” for “herein otherwise provided” in (a).

§ 35-2-430. Board may insure facilities.

The board may insure said facilities against public liability, property damage or loss of revenues from any cause.

History. Laws 1969, ch. 25, § 7; W.S. 1957, § 35-136.7.

The purchase of liability insurance is a waiver of tort immunity, at least up to the amount of the coverage. Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974) (commented on in 10 Land & Water L. Rev. 283 (1975)).

Law reviews. —

See article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” 7 Land & Water L. Rev. 617 (1972).

§ 35-2-431. Investment in securities.

Securities issued pursuant to this act [§§ 35-2-424 through 35-2-436 ] shall be eligible for investment by banking institutions and for estate, trust, and fiduciary funds, and such securities and the interest thereon shall be exempt from taxation by this state and any subdivision thereof. The state treasurer of the state of Wyoming with the approval of the governor and the attorney general is hereby authorized to invest any permanent state funds available for investment in the securities to be issued hereunder.

History. Laws 1969, ch. 25, § 8; W.S. 1957, § 35-136.8.

§ 35-2-432. Refunding securities.

1. Any securities of the board of a hospital district issued hereunder or pursuant to any other act and payable from any pledged revenues may be refunded by the board by the adoption of a resolution or resolutions by the board authorizing the issuance of securities at public or private sale:
   1. To refund, pay, and discharge all or any part of such outstanding securities of any one (1) or more or all outstanding issues, including any interest thereon in arrears, or about to become due for any period not exceeding three (3) years from the date of the refunding securities; or
   2. For the purpose of reducing interest costs or effecting other economies; or
   3. For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding securities, or to any facilities appertaining thereto; or
   4. For the purpose of avoiding or terminating any default; or
   5. For any combination thereof.
2. Nothing contained in this act [§§ 35-2-424 through 35-2-436 ] nor in any other law of this state shall be construed to permit the board to call securities now or hereafter outstanding for prior redemption in order to refund such securities or in order to pay them prior to their stated maturities, unless the right to call such securities for prior redemption was specifically reserved and stated in such securities at the time of their issuance.
3. Except as provided in this section, refunding securities shall be subject to the same rights, liabilities, conditions and covenants as are provided for the securities contained in this act.

History. Laws 1969, ch. 25, § 9; W.S. 1957, § 35-136.9.

§ 35-2-433. Powers and responsibility of board of trustees.

The board of trustees have plenary powers and responsibility for the acquisition, construction, and completion of all projects authorized by the resolution to issue revenue securities or refunding securities.

History. Laws 1969, ch. 25, § 10; W.S. 1957, § 35-136.10.

Hospital trustees have “plenary powers” with respect to their resolution to issue revenue bonds. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

“Plenary.” —

“Plenary” means “absolute,” “perfect,” “unqualified.” Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

§ 35-2-434. Board may accept grants.

The board may accept grants of money or materials or property of any kind from the federal government, the state, any agency or political subdivision thereof, or any person, upon such terms and conditions as the federal government, the state, or such agency or political subdivision, or person may impose.

History. Laws 1969, ch. 25, § 11; W.S. 1957, § 35-136.11.

§ 35-2-435. Charges and rentals.

The board shall establish and collect charges for services and rentals for use of facilities furnished, acquired, constructed, or purchased from the proceeds of such securities, sufficient to pay the principal or the interest, or both, on the securities as they become due and payable, together with such additional sums as may be deemed necessary for accumulating reserves and providing for obsolescence and depreciation and to pay the expenses of operating and maintaining such facilities. The board shall establish all other charges, fees, and rates to be derived from the operation of the hospital or any other facility of the hospital district.

History. Laws 1969, ch. 25, § 12; W.S. 1957, § 35-136.12.

§ 35-2-436. Liberal construction.

This act [§§ 35-2-424 through 35-2-436 ] being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.

History. Laws 1969, ch. 25, § 13; W.S. 1957, § 35-136.13.

§ 35-2-437. Trustee districts by rule; requirements.

When the assessed valuation of the property within a hospital district exceeds three million dollars ($3,000,000.00), the board of trustees for that hospital district may divide the district into no more than three (3) trustee districts and provide for the election of at least one (1) trustee from each trustee district. To become effective, the rule creating trustee districts shall be approved by order of the board of county commissioners of the county in which the greater area of property within the district is located. All trustees shall be residents or property owners of the trustee district from which elected. The board of trustees may provide for the trustees to be elected at-large if these trustees are residents of the hospital district.

History. Laws 1983, ch. 79, § 1.

§ 35-2-438. Dissolution.

1. Subject to the requirements of this section, the trustees of a hospital district may vote to dissolve and terminate the district. The plan to dissolve and terminate the district shall provide for the following:
   1. Payment of all bonded and other indebtedness against the district;
   2. Disposition of assets of the district upon dissolution. The assets may either be donated to a nonprofit or governmental hospital or health care facility which provides services to the residents of the hospital district upon such conditions as agreed to by the nonprofit or governmental hospital or health care facility, or conveyed to the county to be used solely for health care purposes by the county.
2. Before any plan to dissolve and terminate a hospital district is effective, the plan shall be approved by a majority of the qualified electors of the hospital district who vote on the question. The vote on the question may be submitted to the qualified electors at an election following the provisions of W.S. 22-29-404 as applicable. The question to be presented to the qualified electors is: “Shall Hospital District  . . . . .  be dissolved in accordance with the plan of dissolution approved by the board of trustees?” Yes No Click to view
3. If the qualified electors of the district approve the dissolution and termination plan, the board of trustees are empowered to take all action necessary to effectuate the plan and dissolve and terminate the hospital district.

History. Laws 1987, ch. 134, § 1; 1996, ch. 97, § 2; 1998, ch. 115, § 2.

§§ 35-2-501 through 35-2-503. [Repealed.]

Repealed by Laws 1982, ch. 62, § 4.

Cross references. —

For provisions as to establishment, purpose and maintenance fund of the Wyoming pioneer home and retirement center, see chapter 8 of title 25.

Editor's notes. —

These sections, which derived from Laws 1921, ch. 169, §§ 1, 2, related to the Wyoming sanitarium.

§§ 35-2-601 through 35-2-604. [Repealed.]

Repealed by Laws 1991, ch. 194, § 2.

Cross references. —

For present provisions covering confidentiality of hospital medical staff committees information, see § 35-17-105 .

Editor's notes. —

These sections derived from Laws 1971, ch. 245, §§ 1 through 4.

§ 35-2-605. Definitions. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-606. Disclosure of health care information by hospital. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-607. Patient authorization to hospital for disclosure. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-608. Patient's revocation of authorization for disclosure. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-609. Disclosure without patient's authorization. [Repealed]

History. Laws 1991, ch. 194, § 1; 2005, ch. 243, § 2; 2006, ch. 114, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-610. Compulsory process. [Repealed]

History. Laws 1991, ch. 194, § 1; 1999, ch. 150, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-611. Examination and copying of record; explanation of records. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-612. Denial of examination and copying. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-613. Notice of information practices. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-614. Persons authorized to act for patient. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-615. Security safeguards and records retention. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-616. Enforcement. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-617. Limitation of effect. [Repealed]

History. Laws 1991, ch. 194, § 1; Repealed by Laws 2019, ch. 78, § 3.

§ 35-2-618. Medical staff committees; record confidentiality.

1. All reports, findings, proceedings and data of medical staff committees shall be confidential and privileged. No claim or action shall accrue against any hospital, medical staff member or any employee of either arising out of the denial of staff privileges to any applicant or out of the suspension of, expulsion of or any other restrictive or disciplinary action against any medical staff member or hospital employee unless the action is arbitrary, capricious and without foundation in fact.
2. For the purpose of subsection (a) of this section, “medical staff committee” means any committee within a hospital, consisting of medical staff members or hospital personnel, which is engaged in supervision, discipline, admission, privileges or control of members of the hospital’s medical staff, evaluation and review of medical care, utilization of the hospital facilities or professional training.

History. Laws 2019, ch. 78, § 1.

Effective date. —

Laws 2019, ch. 78, § 4, makes the act effective July 1, 2019.

§ 35-2-701. Procedure for proposing establishment of special rural health care districts.

1. through (d) Repealed by 1998 Laws, ch. 115, § 5.
2. A special rural health care district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.

History. Laws 1984, ch. 17, § 1; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1998, ch. 115, §§ 2, 5.

§ 35-2-702. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

This section, which derived from Laws 1984, ch. 17, § 1, provided for establishment of districts upon a majority vote.

§ 35-2-703. Body corporate; name and style; powers generally; rules and regulations of trustees.

1. Each district so established is a body corporate and shall be designated by the name of the  . . . . .  rural health care district. The district name shall be entered upon the commissioners’ records and shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located. In the name so selected, the district through its governing board may:
   1. Hold property and be a party to contracts;
   2. Sue and be sued;
   3. Acquire real and personal property and equipment for rural health care purposes by gift, devise, bequest or purchase;
   4. Enter into contracts for the acquisition by purchase or lease of real and personal property and equipment;
   5. Convey, lease and otherwise dispose of its property for rural health care purposes;
   6. Establish sinking funds;
   7. Issue bonds for the purchase of real property and improvements and equipment;
   8. Make necessary rules and regulations for the proper operation of the district and shall file them with the county clerk for each county in which the district is located;
   9. Engage in activities authorized under:
      1. W.S. 18-8-301 subject to specified requirements and conditions;
      2. W.S. 35-2-1202(a) for the purpose of providing senior health care as defined in W.S. 35-2-1201(b). This paragraph shall not be construed to authorize an increase to the district mill level beyond the limits established in W.S. 35-2-708 .
   10. Employ or otherwise  contract with physicians and other health care providers to provide  health care services, including emergency medical services, in the district and any other persons  necessary or desirable to effect the purposes of the district.  As  used in this paragraph “health care provider” means a person or facility  licensed, certified or otherwise authorized by the law of this state  to provide health care in the ordinary course of business or practice  of a profession;
   11. Construct, purchase or own a hospital, nursing home and related facilities.

History. Laws 1984, ch. 17, § 1; 1989, ch. 136, § 2; 1994, ch. 99, § 2; 2014, ch. 36, § 1; 2016, ch. 64, § 1; ch. 96, § 2; 2020, ch. 17, § 2; ch. 74, § 1.

The 2014 amendment, added (a)(x).

Laws 2014, ch. 36, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 6, 2014.

The 2016 amendments. —

The first 2016 amendment, by ch. 64 § 1, effective July 1, 2016, inserted “including emergency medical services” in the first sentence of (a)(x).

The second 2016 amendment, by ch. 96 § 2, effective July 1, 2016, added (a)(xi).

While neither amendment gave effect to the other, both are given effect as set out in the section above.

The 2020 amendments. —

The first 2020 amendment, by ch. 17, § 2, effective July 1, 2020, in (a)(ix) added designation (A) and added (a)(ix)(B).

The second 2020 amendment, by ch. 74, § 1, effective July 1, 2020, in (a)(xi) added “nursing home” preceding “and related facilities.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-2-704. Procedure for election of trustees generally; number, compensation and term of trustees.

The district shall be managed and controlled by a board of five (5) trustees who shall serve without compensation. Members of the initial board shall be elected at the formation election to serve until the first regular subsequent director election and until their successors are elected and qualified. At the first regular subsequent director election members shall be elected to staggered terms so that three (3) members are elected for two (2) year terms and two (2) for four (4) year terms. Thereafter, all members shall be elected for terms of four (4) years.

History. Laws 1984, ch. 17, § 1; 1994, ch. 99, § 2; 1998, ch. 115, § 2.

§ 35-2-705. Bond of trustees.

Each trustee of any district, prior to entering upon the duties of office, shall execute and file with the county clerk of the county in which the district, or the greater portion of the area thereof, is located his bond, with one (1) or more sureties, to be approved by the county clerk, running to the state of Wyoming in the penal sum of five thousand dollars ($5,000.00), conditioned for the faithful performance by the trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on a bond by any person, firm or corporation that has sustained loss or damage because of a breach of that bond.

History. Laws 1984, ch. 17, § 1.

§§ 35-2-706 and 35-2-707. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

These sections, which derived from Laws 1984, ch. 17, § 1, related to requirements of the board of trustees.

§ 35-2-708. Administration of finances; assessment and levy of taxes.

1. Repealed by Laws 2017, ch. 62, §  3.
2. The assessor shall assess the property of each rural health care district.
3. The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in the district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each rural health care district, but, except as provided in this subsection, in no case shall the tax for the district exceed in any one (1) year the amount of two (2) mills on each dollar of assessed valuation of the property. Up to an additional two (2) mills may be imposed on each dollar of assessed valuation of the property if approved by the board of trustees and if approved by the electors as provided in subsection (d) of this section.
4. If the board of trustees votes to increase the mill levy beyond two (2) mills as authorized by subsection (c) of this section, the board of county commissioners shall call an election within the district upon the question of whether the mill levy should be increased beyond two (2) mills. The election shall be called, conducted and canvassed as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 , on the first date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the trustees vote to increase the mill levy beyond two (2) mills. In no event shall the tax in a district exceed in any one (1) year the amount of four (4) mills on each dollar of assessed valuation of property. The increase in mill levy is effective only if the question is approved by a majority of those voting thereon within the rural health care district. The cost of any special election under this subsection shall be borne by the board of trustees.
5. If the proposition to authorize an additional mill levy is approved, the tax shall remain in effect until a petition to discontinue the tax, signed by not less than ten percent (10%) of the voters of the district, is received by the board of county commissioners, and the proposal to discontinue the tax is approved by the voters. The proposal to discontinue the tax shall be submitted to the voters of the district at the expense of the county at the next general election. If the proposition to impose or continue the tax is defeated, the proposition shall not again be submitted to the electors for at least twenty-three (23) months.

History. Laws 1984, ch. 17, § 1; 2009, ch. 53, § 1; 2016, ch. 96, § 2; 2017, ch. 62, § 3.

Cross references. —

As to duties generally of county assessor, see § 18-3-204 .

The 2009 amendment, effective July 1, 2009, in (c), inserted “except as provided in this subsection” and added the last sentence; and added (d) and (e).

The 2016 amendment , effective July 1, 2016, at the end of the first sentence in (e), substituted “the tax shall remain in effect until a petition to discontinue the tax, signed by not less than ten percent (10%) of the voters of the district, is received by the board of county commissioners, and the proposal to discontinue the tax is approved by the voters. The proposal to discontinue the tax shall be submitted to the voters of the district at the expense of the county at the next general election” for “the same proposition or a proposition to impose a mill levy in a different amount, not to exceed two (2) mills, shall be submitted to the voters, until defeated, at the general election held every four (4) years thereafter.”

The 2017 amendment , effective July 1, 2017, repealed former (a), which read: “The board of trustees shall administer the finances of the district in accordance with W.S. 16-4-101 through 16-4-124 .”

§ 35-2-709. Bond issue.

1. The board of county commissioners at the request of the board of trustees of any rural health care district may submit to the electors of the district the question of whether the board of trustees shall be authorized to issue the bonds of the district in a certain amount, not to exceed two percent (2%) of the assessed value of the taxable property in the district, and bearing a certain rate of interest, not exceeding ten percent (10%) per annum, payable and redeemable at a certain time, not exceeding twenty-five (25) years, for the purchase of real property, for the construction or purchase of improvements and for equipment for rural health care purposes or senior health care purposes as defined in W.S. 35-2-1201(b). The question shall be submitted at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .
2. If the proposal to issue bonds is approved, the board of trustees may issue bonds in such form as the board directs, provided any bonds issued under this article shall be in registered or bearer form and shall otherwise comply with W.S. 16-5-501 through 16-5-504 . The board of trustees shall give notice by publication in some newspaper published in the counties in which the district is located of its intention to issue and negotiate the bonds and to invite bidders therefor. In no case shall the bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. The trustees are authorized to reject any bids, and to sell the bonds at private sale, if they deem it for the best interests of the district.
3. The full faith and credit of each rural health care district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by the district.
4. The county treasurer where the district’s funds are kept may pay out of any monies belonging to the district tax fund, the interest and the principal upon any bonds issued by the district, when due, upon presentation at his office of the proper coupon or bond, which shall show the amount due. Each coupon shall also show the number of the bond to which it belonged, and all bonds and coupons so paid, shall be reported to the district trustees at their first regular meeting thereafter.

History. Laws 1984, ch. 17, § 1; 1996, ch. 97, § 2; 2020, ch. 17, § 2.

The 2020 amendment, effective July 1, 2020, in (a), added “or senior health care purposes as defined in W.S. 35-2-1201(b)” at the end of the first sentence.

§ 35-2-710. Securities for acquiring and improving hospitals, nursing homes and related facilities; issuance authorized; lines of credit and tax and revenue anticipation notes.

1. The trustees of a rural health care district established pursuant to W.S. 35-2-701 , are authorized to issue revenue bonds, notes and warrants or other revenue securities for the purpose of acquiring, erecting, constructing, reconstructing, improving, remodeling, furnishing and equipping hospitals, nursing homes and related facilities including facilities for senior health care as defined under W.S. 35-2-1201(b), and acquiring a site or sites as the trustees may determine.
2. If there are no funds available to the trustees of a rural health care district before receipt of property taxes, the trustees may issue warrants in anticipation of the receipt of property taxes for payment of operational expenses. The aggregate amount of the warrants shall not exceed the total amount of taxes levied. The warrants shall be payable solely from the collected taxes.
3. The trustees of a rural health care district may obtain financing for its operations by entering into agreements for lines of credit with any financial institution as defined in W.S. 13-1-101(a)(ix). The lines of credit may either be unsecured or secured by a pledge of revenues anticipated to be received during the current fiscal year.
4. In addition to its authority to issue warrants under this section, the trustees of a rural health care district may issue tax and revenue anticipation notes in amounts not to exceed eighty percent (80%) of the total amount of taxes levied for operation of the district for the fiscal year during which the notes are issued when the trustees determine that insufficient funds are available to meet the obligations of the district during any fiscal year. A rural health care district shall not enter into agreements or issue instruments of the type allowed by this section for any fiscal year until all debts financed by any agreement or instrument for any prior fiscal year have been paid in full. Tax and revenue anticipation notes issued under this subsection are subject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 for state tax and revenue anticipation notes, except:
   1. The authority of the state treasurer provided in W.S. 9-4-1103 through 9-4-1105 shall be exercised by the trustees issuing the notes; and
   2. Notwithstanding W.S. 9-4-1105(a), investments of the proceeds of the notes by the trustees are limited to those investments authorized under W.S. 9-4-831 .

History. Laws 2016, ch. 96, § 1; 2020, ch. 17, § 2; ch. 74, § 1.

The 2020 amendments. —

The first 2020 amendment, by ch. 17, § 2, effective July 1, 2020, in (a), added “including any facilities for senior health care as defined under W.S. 35-2-1201(b)” following “related facilities.”

The second 2020 amendment, by ch. 74, § 1, effective July 1, 2020, in (a) added “nursing homes” preceding “and related facilities.”

This section is set out as reconciled by the Wyoming legislative service office.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-711. Securities for acquiring hospitals and related facilities; requirements generally.

1. Except as otherwise provided:
   1. Securities shall be authorized by resolution adopted by the trustees and shall:
      1. Bear a date or dates;
      2. Be in a denomination or denominations;
      3. Mature at a time or times but in no event exceeding fifty (50) years from their date of issuance;
      4. Be sold at a public or private sale; and
      5. The securities and coupons shall be payable in a medium of payment at a banking institution or other place or places within or without the state, as determined by the trustees.
   2. Securities may be made subject to prior redemption in advance of maturity in order or by lot or otherwise at a time or times without or with the payment of a premium or premiums not exceeding ten percent (10%) of the principal amount of the security redeemed, as determined by the trustees. The resolution may provide for the accumulation of net revenue for a reserve fund and shall contain other or further covenants and agreements as may be determined by the governing board for the protection of bondholders.
2. Any resolution authorizing the issuance of securities or other instruments may provide for the capitalizing of interest on any securities during any period of construction estimated by the trustees and one (1) year thereafter and any other cost of any project authorized, by providing for the payment of the amount capitalized from the proceeds of the securities.
3. Securities may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both.
4. Any resolution authorizing the issuance of securities or any other instrument pertaining to the issuance of securities may provide for their reissuance in other denominations in negotiable or nonnegotiable form and otherwise in any manner and form as the trustees may determine.
5. Any resolution authorizing, or other instrument pertaining to, any securities may provide that each security authorized shall recite that it is issued under authority of this section. The recital shall conclusively impart full compliance with all of the provisions and all securities issued containing the recital shall be incontestable for any cause whatsoever after their delivery for value.
6. Subject to the payment provisions specifically provided, any securities or interest coupons attached to the securities shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code, except as the trustees may otherwise provide, and each holder of the security or any coupons, by accepting such security or coupon shall be conclusively deemed to have agreed that the security or coupon, except as otherwise provided, is and shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code.
7. Notwithstanding any other provision of law, the trustees in any proceedings authorizing securities:
   1. May provide for the initial issuance of one (1) or more securities aggregating the amount of the entire issue or any part thereof;
   2. May make provisions for installment payments of the principal amount of any security as they may consider desirable;
   3. May provide for the making of any security payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing is not represented by interest coupons, for the endorsing of payment of interest on the securities.
8. Except for any securities which are registrable for payment of interest, interest coupons payable to bearer and appertaining to the securities shall be issued and shall bear the original or facsimile signature of the president of the board of trustees.
9. Any securities authorized may be executed as provided by W.S. 16-2-101 through 16-2-103 .
10. The securities and any coupons bearing the signature of the officers in office at the time of the signing shall be valid and binding obligations of the board of trustees, notwithstanding that before the delivery and payment, any or all of the persons whose signatures appear shall have ceased to fill their respective offices.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-712. Securities for acquiring hospitals, nursing homes and related facilities; not a general obligation of rural health care district or trustees; payable from special fund.

The securities issued pursuant to W.S. 35-2-711 through 35-2-722 shall not constitute a general obligation of the rural health care district, nor of the trustees, but shall be payable solely from a special fund to contain the net revenue to be derived from the operation of the hospitals, nursing homes and related facilities including any facilities for senior health care as defined under W.S. 35-2-1201(b), the revenues being defined as those remaining after paying the costs of operating and maintaining the facilities.

History. Laws 2016, ch. 96, § 1; 2020, ch. 17, § 2; ch. 74, § 1.

The 2020 amendments. —

The first 2020 amendment, by ch. 17, § 2, effective July 1, 2020, added “including any facilities for senior health care as defined under W.S. 35-2-1201(b)” following “related facilities.”

The second 2020 amendment, by ch. 74, § 1, effective July 1, 2020, added “nursing homes” preceding “and related facilities.”

This section is set out as reconciled by the Wyoming legislative service office.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-713. Securities for acquiring hospitals and related facilities; issuance from time to time in one or more series.

The securities authorized may be issued from time to time and in one (1) or more series as the trustees may determine.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-714. Securities for acquiring hospitals and related facilities; obligation of trustees to holders; suit for default, misuse of funds.

The obligation of the trustees to the holders of the securities shall be limited to applying the funds to the payment of interest and principal on the securities and the securities shall contain a provision to that effect. In the event of default in the payment of the securities or the interest thereon and in the event that the trustees are misusing the funds or not using the funds as provided by W.S. 35-2-711 through 35-2-722 and the resolution authorizing the securities, or in the event of any other breach of any protective covenant or other contractual limitation, then any holder may bring suit against the trustees in the district court of the county in which the rural health care district or any of its facilities are located for the purpose of restraining the trustees from using the funds for any purpose other than the payment of the principal and interest on the securities in the manner provided or for any other appropriate remedy.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-715. Construction to be done by contract based on competitive bidding; alternate delivery methods.

1. Except as provided under subsection (b) of this section and otherwise, the work of constructing the various buildings shall be done by contract based on competitive bidding. Notice of call for bids shall be for the period of time and in a manner as the trustees may determine. The trustees shall have the power to reject any and all bids and readvertise for bids as they consider proper.
2. Any rural health care district may contract for design and construction services through an alternate delivery method as defined in W.S. 16-6-701 .

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-716. Trustees may insure facilities.

The trustees may insure the facilities against public liability, property damage or loss of revenues from any cause.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-717. Investment in securities.

Securities issued pursuant to this article shall be eligible for investment by banking institutions and for estate, trust and fiduciary funds. The securities and the interest shall be exempt from taxation by this state and any subdivision. The state treasurer of the state of Wyoming with the approval of the governor and the attorney general is authorized to invest any permanent state funds available for investment in the securities to be issued pursuant to W.S. 35-2-711 through 35-2-722 .

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-718. Refunding securities.

1. Any securities of the trustees of a rural health care district issued pursuant to W.S. 35-2-711 through 35-2-722 and payable from any pledged revenues may be refunded by the trustees by the adoption of a resolution by the trustees authorizing the issuance of securities at a public or private sale:
   1. To refund, pay and discharge all or any part of the outstanding securities of any one (1) or more or all outstanding issues, including any interest thereon in arrears, or about to become due for any period not exceeding three (3) years from the date of the refunding securities;
   2. For the purpose of reducing interest costs or effecting other economies;
   3. For the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds, otherwise concerning the outstanding securities or to any facilities pertaining thereto;
   4. For the purpose of avoiding or terminating any default; or
   5. For any combination provided in this subsection.
2. Nothing contained in W.S. 35-2-711 through 35-2-722 nor in any other law of this state shall be construed to permit the board of trustees to call securities now or hereafter outstanding for prior redemption in order to refund the securities or in order to pay them prior to their stated maturities, unless the right to call the securities for prior redemption was specifically reserved and stated in the securities at the time of their issuance.
3. Except as provided in this section, refunding securities shall be subject to the same rights, liabilities, conditions and covenants as are provided for the securities contained in W.S. 35-2-711 through 35-2-722 .

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-719. Powers and responsibility of board of trustees.

The board of trustees has plenary powers and responsibility for the acquisition, construction and completion of all projects authorized by the resolution to issue revenue securities or refunding securities.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-720. Trustees may accept grants.

The trustees may accept grants of money or materials or property of any kind from the federal government, the state, including any agency or political subdivision, or any person upon terms and conditions as the federal government, the state, including any agency or political subdivision, or person may impose.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-721. Charges and rentals.

The trustees shall establish and collect charges for services and rentals for use of facilities furnished, acquired, constructed or purchased from the proceeds of the securities sufficient to pay the principal or the interest, or both, on the securities as they become due and payable, together with the additional sums as may be deemed necessary for accumulating reserves and providing for obsolescence and depreciation and to pay the expenses of operating and maintaining the facilities. The trustees shall establish all other charges, fees and rates to be derived from the operation of the hospital, nursing home or any other facility of the rural health care district.

History. Laws 2016, ch. 96, § 1; 2020, ch. 74, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

The 2020 amendment, effective July 1, 2020, added “nursing home” preceding “or any other facility.”

§ 35-2-722. Liberal construction.

The provisions of this article pertaining to bonding, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-723. Applicability.

The provisions of W.S. 35-2-711 through 35-2-722 shall not apply to W.S. 35-2-708 and 35-2-709 .

History. Laws 2016, ch. 96, § 1.

Effective date. —

Laws 2016, ch. 96, § 3, makes the act effective July 1, 2016. Approved March 4, 2016.

§§ 35-2-801 through 35-2-807. [Terminated.]

Terminated by Laws 1985, ch. 217, § 2; 1988, ch. 47, § 1.

Editor's notes. —

Laws 1985, ch. 217, § 2, as amended by Laws 1988, ch. 47, § 1, provides: “Effective January 1, 1991, this act shall terminate. If the date for termination is not extended by the legislature, the authority and council shall submit a final report on aggregate health care cost trends in the state to the legislature by January 1, 1991.”

These sections derived from Laws 1985, ch. 217, § 1.

§ 35-2-901. Definitions; applicability of provisions.

1. As used in this act:
   1. “Acute care” means short term care provided in a hospital;
   2. “Ambulatory surgical center” means a facility which provides surgical treatment to patients not requiring hospitalization and is not part of a hospital or offices of private physicians, dentists or podiatrists;
   3. “Birthing center” means a facility which operates for the primary purpose of performing deliveries and is not part of a hospital;
   4. “Boarding home” means a dwelling or rooming house operated by any person, firm or corporation engaged in the business of operating a home for the purpose of letting rooms for rent and providing meals and personal daily living care, but not habilitative or nursing care, for persons not related to the owner. Boarding home does not include a lodging facility or an apartment in which only room and board is provided;
   5. “Construction area” means thirty (30) highway miles, from any existing nursing care facility or hospital with swing beds to the site of the proposed nursing care facility, as determined by utilizing the state map prepared by the Wyoming department of transportation;
   6. “Department” means the department of health;
   7. “Division” means the designated division within the department of health;
   8. “Freestanding diagnostic testing center” means a mobile or permanent facility which provides diagnostic testing but not treatment and is not part of the private offices of health care professionals operating within the scope of their licenses;
   9. Repealed by Laws 1999, ch. 119, § 2.
   10. “Health  care facility” means any ambulatory surgical center, assisted  living facility, adult day care facility, adult foster care home,  alternative eldercare home, birthing center, boarding home, freestanding  diagnostic testing center, home health agency, hospice, hospital, freestanding emergency center, intermediate  care facility for people with intellectual disability, medical assistance  facility, nursing care facility, rehabilitation facility and renal  dialysis center;
   11. “Home health agency” means an agency primarily engaged in arranging and directly providing nursing or other health care services to persons at their residence;
   12. “Hospice” means a program of care for the terminally ill and their families given in a home or health facility which provides medical, palliative, psychological, spiritual and supportive care and treatment. Hospice care may include short-term respite care for non-hospice patients, if the primary activity of the hospice is the provision of hospice services to terminally ill individuals and provided that the respite care is paid by the patient or by a private third party payor and not through any governmental third party payment program;
   13. “Hospital” means an institution or a unit in an institution providing one (1) or more of the following to patients by or under the supervision of an organized medical staff:
       1. Diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons;
       2. Rehabilitation services for the rehabilitation of injured, disabled or sick persons;
       3. Acute care;
       4. Psychiatric care;
       5. Swing beds.
   14. “Intermediate care facility for people with intellectual disability” means a facility which provides on a regular basis health related care and training to persons with intellectual disabilities or persons with related conditions, who do not require the degree of care and treatment of a hospital or nursing facility and services above the need of a boarding home. The term also means “intermediate care facility for the mentally retarded” or “ICFMR” or “ICFs/MR” as those terms are used in federal law and in other laws, rules and regulations;
   15. “Medical assistance facility” means a facility which provides inpatient care to ill or injured persons prior to their transportation to a hospital or provides inpatient care to persons needing that care for a period of no longer than sixty (60) hours and is located more than thirty (30) miles from the nearest Wyoming hospital;
   16. “Nursing care facility” means a facility providing assisted living care, nursing care, rehabilitative and other related services;
   17. “Physician” means a doctor of medicine or osteopathy licensed to practice medicine or surgery under state law;
   18. “Psychiatric care” means the in-patient care and treatment of persons with a mental diagnosis;
   19. “Rehabilitation facility” means an outpatient or residential facility which is operated for the primary purpose of assisting the rehabilitation of disabled persons including persons with acquired brain injury by providing comprehensive medical evaluations and services, psychological and social services, or vocational evaluations and training or any combination of these services and in which the major portion of the services is furnished within the facility;
   20. “Renal dialysis center” means a freestanding facility for treatment of kidney diseases;
   21. “Swing bed” means a special designation for a hospital which has a program to provide specialized in-patient long term care. Any medical-surgical bed in a hospital can be designated as a swing bed;
   22. “Assisted living facility” means a dwelling operated by any person, firm or corporation engaged in providing limited nursing care, personal care and boarding home care, but not habilitative care, for persons not related to the owner of the facility. This definition may include facilities with secured units and facilities dedicated to the special care and services for people with Alzheimer’s disease or other dementia conditions;
   23. “Adult day care facility” means any facility not otherwise certified by the department of health, engaged in the business of providing activities of daily living support and supervision services programming based on a social model, to four (4) or more persons eighteen (18) years of age or older with physical or mental disabilities;
   24. “Adult foster care home” means a home where care is provided for up to five (5) adults who are not related to the provider by blood, marriage or adoption, except in special circumstances, in need of long term care in a home like atmosphere. “Adult foster care home” does not include any residential facility otherwise licensed or funded by the state of Wyoming. The homes shall be regulated in accordance with this act and with the Wyoming Long Term Care Choices Act, which shall govern in case of conflict with this act;
   25. “Alternative eldercare home” means a facility as defined in W.S. 42-6-102(a)(iii). The homes shall be regulated in accordance with this act and with the Wyoming Long Term Care Choices Act which shall govern in case of conflict with this act;
   26. “Freestanding emergency center” means  a facility that provides services twenty-four (24) hours a day, seven  (7) days a week for life threatening emergency medical conditions  and is at a location separate from a hospital;
   27. “This  act” means W.S. 35-2-901 through 35-2-913 .
2. This act does not apply to hospitals or any other facility or agency operated by the federal government which would otherwise be required to be licensed under this act or to any person providing health care services within the scope of his license in a private office.

History. Laws 1989, ch. 277, § 1; 1991, ch. 221, § 2; ch. 241, § 3; 1993, ch. 174, § 1; 1997, ch. 162, § 1; 1999, ch. 119, §§ 1, 2; ch. 181, § 1; 2005, ch. 132 § 1; ch. 243, § 2; 2006, ch. 56, § 1; 2007, ch. 219, § 2; 2008, ch. 70, § 1; 2009, ch. 22, § 1; 2015, ch. 115, § 1; ch. 176, § 1; 2016, ch. 99, § 2.

The 2005 amendments. —

The first 2005 amendment, by ch. 132, § 1, effective July 1, 2005, added the last sentence in (a)(xxii).

The second 2005 amendment, by ch. 243, § 2, in (a)(xxiv), substituted “W.S. 35-2-912 ” for “W.S. 35-2-910 .”

Laws 2005, ch. 243, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2005.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2006 amendment, in (a)(v), substituted “highway miles, from any existing” for “mile radius from the center of the closest community in Wyoming to a,” and inserted “to the site of the proposed nursing care facility.”

Laws 2006, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

The 2007 amendment, in (a)(x), inserted “adult foster care home, alternative eldercare home,” following “adult day care facility”; added (a)(xxiv) through (a)(xxv) and redesignated the existing paragraphs accordingly.

Laws 2007, ch. 219, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2007.

The 2008 amendment, substituted “people with intellectual disability” for “the mentally retarded” or similar language in (a)(x) and (a)(x)(iv); added the last sentence in (a)(x)(iv) and made a related change.

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The 2009 amendment, effective July 1, 2009, added “or residential” and “including persons with acquired brain injury”in (a)(xix).

The 2015 amendments. — The first 2015 amendment, by ch. 115, § 1, effective July 1, 2015, in (a)(xii), added the last sentence.

The second 2015 amendment, by ch. 176, § 1, effective July 1, 2015, in (a)(xxiv), deleted the second sentence and inserted “care” after “foster” to the third sentence.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendment, effective July 1, 2016, added “freestanding emergency center” following “hospital” in (a)(x), renumbered former (a)(xxvi) as (a)(xxvii), added (a)(xxvi), and in (a)(xxvii), substituted “35-2-913” for “35-2-912.”

Editor's notes. —

Laws 2006, ch. 117, § 1, effective July 1, 2006, provides:

“(a) As used in this act:

“(i) “Acute care hospital” means a hospital licensed in Wyoming pursuant to W.S. 35-2-901 through 35-2-911 and which provides acute patient care;

“(ii) “Ambulance service” means an ambulance service licensed in Wyoming pursuant to W.S. 33-36-102 through 33-36-113 and which provides emergency medical transportation to hospitals or emergency rooms;

“(iii) “Department” means the Wyoming department of health;

“(iv) “Incident” means an admission, both inpatient and outpatient, involving traumatic care for an individual patient within a one (1) year period to a single hospital. Admissions of the same patient for causes not directly related to an earlier admission shall be considered a separate incident;

“(v) “Trauma care services” means services to patients with at least one (1) injury diagnosis code, using the International Classification of Diseases, 9th Edition, from 800.0 through 904, 925 through 929, 940 through 959.9, and 994.7, plus at least one (1) of the following:

“(A) Hospitalization for one (1) calendar day;

“(B) Admission to the intensive care unit or monitored bed unit;

“(C) Cardiac or respiratory arrest on route to the hospital or emergency room;

“(D) Dead on arrival at the facility;

“(E) Transfer from or to another acute care hospital;

“(F) Admission directly from the emergency room to the operating room;

“(G) Trauma team activation;

“(H) Meets prehospital triage criteria;

“(J) Ambulance services providing patient transportation to a hospital or emergency room.

“(b) Acute care hospitals or ambulance services shall be reimbursed on a per incident basis, subject to the following:

“(i) There is compliance with the reporting requirements of the Wyoming trauma care program registry before the request for reimbursement;

“(ii) Reimbursement shall be available for costs incurred after June 30, 2006 and before July 1, 2007;

“(iii) Requests for reimbursement may be submitted to the health department for payment only after one hundred eighty (180) days have elapsed from the date the bill for the services rendered was sent to the patient or his representative.

“(c) The department shall promulgate rules and regulations to administer this program on behalf of the state of Wyoming. The rules and regulations shall include provisions for:

“(i) Ensuring that reimbursements do not exceed the appropriated funds;

“(ii) Limiting reimbursement to the necessary support of the poor;

“(iii) Preventing duplication from this appropriation and insurance;

“(iv) Reimbursing hospitals for trauma service costs and ambulance services for transporting patients to a hospital or emergency room.

“(d) The department may contract with a fiscal agent to make the actual payments and conduct any necessary audits of reimbursement requests. Reimbursement requests shall be made in a form and manner prescribed by the department. The department or its agent on its behalf may request any documentation it deems necessary to support any request for reimbursement.

“(e) The department shall not reimburse any one (1) acute care hospital or ambulance service in a cumulative amount greater than twenty-five percent (25%) of the appropriation in section 2 of this act. However, if the department reasonably concludes as of May 31, 2007, that the appropriation will not be fully expended, the remaining funds may be used to reimburse hospitals on a pro rata basis above the twenty-five percent (25%) limit of this subsection, subject to the requirements of subsection (b) of this section.”

Laws 2006, ch. 119, § 1 and 3, effective July 1, 2006, establishes a magnet hospital grant program by the department of health, to support the reduction of nursing shortages in Wyoming hospitals. Section 3 establishes a program to provide grants and technical assistance in order to promote quality nursing practices, working environment, retention of nursing staff and improved outcomes for patients.

Alzheimer's study. —

Laws 2005, ch. 211, § 1, appropriates $20,000 from the budget reserve account to the department of health to study Medicaid reimbursement rates for care of Alzheimer's disease patients. The study is to include at a minimum: (1) current Medicaid reimbursement rates for care of Alzheimer's disease patients and patients with other dementias as they compare to average long term care costs; (2) projected need over 10 years for beds in long term care facilities in the state to care for Alzheimer's disease patients; and (3) recommendations regarding the Medicaid reimbursement rate for care of Alzheimer's disease patients in this state. The department is to provide results of the study and recommendations to the joint labor, health and social services and the joint appropriations interim committees not later than October 1, 2005.

Laws 2005, ch. 211, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 3, 2005.

§ 35-2-902. License required.

No person shall establish any health care facility in this state without a valid license issued pursuant to this act.

History. Laws 1989, ch. 277, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-903. Application for license; submission of evidence prerequisite to issuance.

1. An applicant for a license under this act shall file a sworn application with the division on a form provided by the division. The form shall request the following information:
   1. The applicant’s name;
   2. The type of health care facility to be operated;
   3. A description of and the location of the facility buildings;
   4. The name of the person in charge of the health care facility;
   5. Whether the applicant has had a license to operate a health care facility or agency providing health care services in this or any other state denied, suspended, revoked or otherwise terminated for cause and the specific reasons for such action. Evidence that the facility subject to the application is currently in compliance with all applicable statutes, rules and regulations is required;
   6. Evidence that the applicant is capable of complying with applicable rules and regulations;
   7. Such other information as the division may require pursuant to rules promulgated under this act.
2. An application by other than an individual shall be made by two (2) officers of the organization or by its managing agents.

History. Laws 1989, ch. 277, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-904. Issuance of license; fee; duration; renewal; transferability; provisional licenses; procedures.

1. The division shall issue a license under this act:
   1. If the applicant is in compliance with this act and in substantial compliance with the rules and regulations promulgated pursuant to this act; and
   2. Upon payment of a license fee for each health care facility as specified in subsection (g) of this section. The department may adopt rules which provide for reasonable fees for health care facilities not specified in subsection (g) of this section in amounts not to exceed five hundred dollars ($500.00) designed to recover administrative and operational expenses of the department in conducting its licensure program under this article for those facilities.
2. Licenses are issued for a period of one (1) year beginning on July 1 of the year of issuance and ending on June 30 of the succeeding year. The full fee is due whether the license is issued for the entire year or for part of the year.
3. Licenses are renewed annually upon payment of the license fee unless suspended or revoked pursuant to W.S. 35-2-905 .
4. Fees collected under this act shall be deposited in the general fund.
5. Licenses are not assignable or transferable.
6. Applicants not complying with this act and not substantially complying with the rules and regulations promulgated pursuant to this act may be granted a provisional license subject to restrictions imposed by the division if the operation of the facility will not endanger the health, safety and welfare of patients. All applicants found in noncompliance shall be notified of the reason for noncompliance.
7. Health care facilities shall be assessed the following fees:
   1. Adult day care facility . . . . . $250.00;
   2. Adult foster care home . . . . . $250.00;
   3. Ambulatory surgical center . . . . . $500.00;
   4. Assisted living facility:
      1. For a facility with a bed capacity of at least one (1) but not more than twenty-five (25) . . . . . $250.00;
      2. For a facility with a bed capacity of more than twenty-five (25) but not more than fifty (50) . . . . . $500.00;
      3. For a facility with a bed capacity of more than fifty (50) . . . . . $1,000.00.
   5. Birthing center . . . . . $500.00;
   6. Boarding home in an amount established by the department within this range . . . . . $500.00-$750.00;
   7. Critical access hospital . . . . . $500.00;
   8. Renal dialysis center . . . . . $500.00;
   9. Freestanding diagnostic testing center . . . . . $500.00;
   10. Freestanding emergency center . . . . . $500.00;
   11. Home health agency . . . . . $150.00;
   12. Hospice facility . . . . . $250.00;
   13. Hospital . . . . . $1,000.00;
   14. Intermediate care facility for people with intellectual disability . . . . . $250.00;
   15. Medical assistance facility . . . . . $250.00;
   16. Nursing care facility:
       1. For a facility with a bed capacity of at least one (1) but not more than twenty-five (25) . . . . . $250.00;
       2. For a facility with a bed capacity of more than twenty-five (25) but not more than fifty (50) . . . . . $500.00;
       3. For a facility with a bed capacity of more than fifty (50) . . . . . $1,000.00.
   17. Psychiatric hospital . . . . . $1,000.00;
   18. Rehabilitation facility . . . . . $500.00;
   19. Rehabilitation hospital . . . . . $500.00.
8. In addition to the fees imposed under subsection (g) of this section, if a licensed health care facility changes its name, location or number of beds, the facility shall pay a fee in the amount of two hundred fifty dollars ($250.00) for a revised license.

History. Laws 1989, ch. 277, § 1; 1993, ch. 57, § 1; 2021, ch. 122, § 1.

The 2021 amendment , effective July 1, 2021, in the first sentence of (a)(ii), deleted "as established by the department" following "license fee" and added "as specified in subsection (g) of this section," in the second sentence, substituted "may " for "shall," added "for health care facilities not specified in subsection (g) of this section in amounts" and "for those facilities"; and added (g) and (h).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-905. Conditions, monitoring or revoking a license.

1. The division may place conditions upon a license, install a division approved monitor or manager at the owner’s or operator’s expense, suspend admissions, or deny, suspend or revoke a license issued under this act if a licensee:
   1. Violates any provision of this act or the rules and regulations promulgated pursuant to this act;
   2. Permits, aids or abets the commission of any illegal act by a licensee;
   3. Conducts practices detrimental to the health, safety or welfare of the patients of the licensee;
   4. Repealed by Laws 2008, ch. 116, § 2.
   5. Fails to pay a nursing care facility assessment and the department determines to suspend or revoke the license as provided in W.S. 42-8-107(b)(ii).
2. No license issued pursuant to this act shall be suspended or revoked or have conditions placed upon it or admissions suspended nor shall the division install an approved monitor or manager without notice to the licensee and an opportunity for a hearing under W.S. 16-3-101 through 16-3-115 .
3. If the division suspends the admission of new patients to a health care facility, the health care facility shall be provided an opportunity to abate the condition or conditions prior to suspension of admissions. If the conditions leading to the suspension of new admissions continue unabated beyond the period allowed for abatement, the division may continue the suspension of new admissions, or suspend or revoke the license.
4. Any hearing held by the division under this section shall be held in the city or town in which the facility is located, or in the closest city or town with appropriate facilities for a hearing.
5. If the division finds that conditions in a health care facility are in violation of this act and rules and regulations adopted under this act to the extent that there exists a substantial and immediate threat to the health or safety of patients, it may summarily suspend the license of that facility and take action necessary to protect the health and safety of patients. In cases of suspension under this subsection, the licensee shall be afforded an opportunity for a hearing within ten (10) days after the suspension.
6. If a license is revoked pursuant to this act, an application for a new license may be made to the division only after the conditions upon which revocation was based have been corrected and evidence of this fact has been furnished to the division. A new license shall be granted only if the applicant is in compliance with all provisions of this act and rules and regulations promulgated pursuant to this act.

History. Laws 1989, ch. 277, § 1; 2008, ch. 116, § 2; 2011, ch. 105, § 2.

The 2008 amendment, repealed (a)(iv) which read: “Fails to comply with W.S. 35-2-801 through 35-2-807 [terminated] or to substantially comply with any rule or regulation promulgated pursuant to those statutes.”

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2011 amendment, added (a)(v).

Laws 2011, ch. 105, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Editor's notes. —

Sections 35-2-801 through 35-2-807, referred to in subsection (a)(iv), were terminated in 1991 by Laws 1985, ch. 217, § 2, as amended by Laws 1988, ch. 47, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-906. Construction and expansion of facilities; exemption.

1. A licensee who contemplates construction of or alteration or addition to a health care facility shall submit plans and specifications to the division for preliminary inspection and approval prior to commencing construction. Significant changes to the original plans must also be submitted and approved prior to implementation. The plans and any changes shall indicate any increase in the number of beds.
2. Nursing care facility beds shall not be expanded or constructed if the average of all the nursing care bed occupancy, excluding veteran administration beds, in the construction area is eighty-five percent (85%) or less based upon the annual occupancy report prepared by the division.
3. Notwithstanding the other provisions of this section any nursing care facility or hospital may, in any two (2) year period, increase its bed capacity by ten percent (10%) of the current nursing care facility bed capacity or by not more than ten (10) beds.
4. and (e) Repealed by Laws 2002, Sp. Sess., ch. 87, § 2.
5. Beds in adult foster care homes and beds in alternative eldercare homes constructed pursuant to the pilot programs authorized in W.S. 42-6-104 and 42-6-105 shall not be considered as nursing care facility beds for the purposes of this section.
6. Beds constructed at any health care facility owned or operated by the department shall be exempt from subsections (b) and (c) of this section.

History. Laws 1989, ch. 277, § 1; 1992, ch. 12, § 2; 1997, ch. 123, § 1; 1999, ch. 20, § 1; 2001, ch. 52, § 1; 2002 Sp. Sess., ch. 87, §§ 1, 2; 2006, ch. 56, § 1; 2007, ch. 219, § 2; 2016, ch. 44, § 1; 2017, ch. 5, § 1.

The 2006 amendment, in (b), inserted “average of all the,” deleted “eighty-eight percent (88%) or less until January 1, 2004, then” following “area is,” and deleted “thereafter” following “less.”

Laws 2006, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

The 2007 amendment added (f).

Laws 2007, ch. 219, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2007.

The 2016 amendment , effective July 1, 2016, added (g).

The 2017 amendment , in (g), added “subsections (b) and (c) of” prior to “this section.”

Laws 2017, ch. 5, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 13, 2017.

Editor's notes. —

Laws 1989, ch. 277, §§ 2 and 3(b), effective June 30, 1993, repealed this section.

Laws 1992, ch. 12, § 1, amended Laws 1989, ch. 277, § 2, so that this section is no longer repealed.

Laws 1992, ch. 12, § 3, repealed Laws 1989, ch. 277, § 3(b).

§ 35-2-907. Inspection of licensed establishments; exceptions; assisted living facility inspection procedure.

1. Except as otherwise provided in this section every licensed health care facility shall be periodically inspected by the division under rules and regulations promulgated by the department. A licensed health care facility which has been accredited by a nationally recognized accrediting body approved by federal regulations shall be granted a license renewal without further inspection. Inspection reports shall be prepared on forms prescribed by the division. Licensees accredited by the nationally recognized accrediting body shall submit the inspection report pursuant to its accreditation. If the standards of the nationally recognized accrediting body fail to meet or exceed the state standards for licensure, the division may inspect the licensed facility with regard to those matters which did not meet state standards.
2. Except as required in administrative and judicial proceedings, information obtained from licensees under this act is subject to public disclosure only after deletion of information which reveals the identity of patients, persons who file complaints with the division and employees of the health care facility.
3. The division shall:
   1. Provide for the selection of an inspector to inspect and evaluate an applicant for an assisted living facility;
   2. Approve and establish a fee to be paid by the applicant to the selected inspector. The division shall notify the applicant of the inspection fee prior to the inspection and evaluation;
   3. Act on the application within thirty (30) days after receiving a report from the selected inspector on the inspection and evaluation of the applicant.

History. Laws 1989, ch. 277, § 1; 1993, ch. 174, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-908. Rules and regulations.

The department shall promulgate and enforce reasonable rules and regulations necessary to protect the health, safety and welfare of patients of health care facilities licensed under this act.

History. Laws 1989, ch. 277, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-909. Penalties for violations.

Except for violations otherwise punishable as a felony under the laws of this state, any person establishing or operating a facility or providing a service without first obtaining a license as required in this act is guilty of a misdemeanor punishable by a fine of not to exceed seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both. Each calendar week or portion thereof during which a violation continues is a separate offense.

History. Laws 1989, ch. 277, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-910. Quality management functions for health care facilities; confidentiality; immunity; whistle blowing; peer review.

1. Each licensee shall implement a quality management function to evaluate and improve patient and resident care and services in accordance with rules and regulations promulgated by the division. Quality management information relating to the evaluation or improvement of the quality of health care services is confidential. Any person who in good faith and within the scope of the functions of a quality management program participates in the reporting, collection, evaluation, or use of quality management information or performs other functions as part of a quality management program with regard to a specific circumstance shall be immune from suit in any civil action based on such functions brought by a health care provider or person to whom the quality information pertains. In no event shall this immunity apply to any negligent or intentional act or omission in the provision of care.
2. Health care facilities subject to or licensed pursuant to this act shall not harass, threaten discipline or in any manner discriminate against any resident, patient or employee of any health care facility for reporting to the division a violation of any state or federal law or rule and regulation. Any employee found to have knowingly made a false report to the division shall be subject to disciplinary action by the employing health care facility, including but not limited to, dismissal.
3. No hospital shall be issued a license or have its license renewed unless it provides for the review of professional practices in the hospital for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital. This review shall include, but not be limited to:
   1. The quality and necessity of the care provided to patients as rendered in the hospital;
   2. The prevention of complications and deaths occurring in the hospital;
   3. The review of medical treatments and diagnostic and surgical procedures in order to ensure safe and adequate treatment of patients in the hospital; and
   4. The evaluation of medical and health care services and the qualifications and professional competence of persons performing or seeking to perform those services.
4. The review required in subsection (c) of this section shall be performed according to the decision of a hospital’s governing board by:
   1. A peer review committee appointed by the organized medical staff of the hospital;
   2. A state, local or specialty medical society; or
   3. Any other organization of physicians established pursuant to state or federal law and engaged by the hospital for the purposes of subsection (c) of this section.

History. Laws 1989, ch. 277, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-2-901(a)(xxiv).

§ 35-2-911. Nonbinding functional assessments.

The department may, with the consent of the person seeking admission into a nursing care facility or his representative, conduct a nonbinding functional assessment for that person at the state’s expense.

History. Laws 1993, ch. 129, § 1.

§ 35-2-912. [Repealed.]

Repealed by the terms of Laws 2005, ch. 243, § 1.

Editor's notes. —

This section, which derived from Laws 2005, ch. 243, § 1, related to mandatory reporting of safety events. The repeal language was included in the text of the statute as enacted in 2005, and became effective June 30, 2010.

§ 35-2-913. Exceptions.

1. No freestanding emergency center shall require separate licensure under this act when operated by the provider based emergency department of a Wyoming licensed hospital.
2. On and before June 30, 2025, freestanding emergency centers operated by a hospital district or rural health care district shall not require licensure under this act provided a hospital transfer agreement is in place.
3. Any freestanding emergency center shall accept patients regardless of age, Medicare, Medicaid or other insurance status or ability to pay. A freestanding emergency center not owned by a Wyoming hospital shall have an appropriate hospital transfer agreement in place.
4. A license to operate a freestanding emergency center shall not be construed as a license to operate a hospital and shall not allow any freestanding emergency center to hold a patient within its facility for more than twenty-four (24) hours unless an emergency arises that prevents the safe transport of the patient.

History. Laws 2016, ch. 99, § 1; 2019, ch. 68, § 1.

Effective date. —

Laws 2016, ch. 99, § 3, makes the act effective July 1, 2016. Approved March 11, 2016.

§ 35-2-1001. Designation of heart attack and stroke centers.

1. The department of health shall establish by rule and regulation the process for recognition and designation of hospitals as any one (1) or more of the following:
   1. Heart attack receiving centers;
   2. Heart attack referring centers;
   3. Comprehensive stroke centers;
   4. Primary stroke centers;
   5. Acute stroke ready centers.
2. The designation of hospitals pursuant to subsection (a) of this section shall recognize those hospitals that are accredited by the society for cardiovascular patient care, the American heart association, the joint commission on the accreditation of healthcare organizations or another nationally recognized accreditation organization as determined by the department in its rules and regulations.
3. The department shall withdraw the designation of a hospital pursuant to subsection (a) of this section if the department determines that the hospital is not in compliance with the requirements of this section or rules and regulations adopted pursuant to this section.
4. The department shall adopt rules and regulations to enforce this article, which shall include all of the following:
   1. Specific criteria for qualification pursuant to subsection (a) of this section, including identification of accrediting organizations;
   2. Designation application procedures;
   3. Procedures for withdrawal of a designation;
   4. Support for the coordination among designated hospitals for the referral and transfer of patients to facilitate appropriate care for acute heart attack and stroke patients;
   5. Evidence based prehospital care protocols for emergency medical services providers to assess, treat and transport stroke and acute heart attack patients. The office of emergency medical services shall work in coordination with licensed emergency medical providers in developing the protocols which shall include:
      1. Plans for the triage and transport of stroke patients to the closest comprehensive or primary stroke center or, when appropriate, to an acute stroke ready center;
      2. Plans for the triage and transport of acute heart attack patients to the closest receiving or referring center within a specified time after a patients report of symptoms.

History. Laws 2013, ch. 109, § 1; 2015, ch. 170, § 1.

The 2015 amendment, effective July 1, 2015, in (a), added “as any one (1) or more of the following”, in (a)(iii), deleted “and” at the end, and added (v).

The 2015 amendment, effective July 1, 2015, in (a), added “as any one (1) or more of the following”, in (a)(iii), deleted “and” at the end, and added (v).

Effective dates. —

Laws 2013, ch. 109, § 2, makes the act effective July 1, 2013.

§ 35-2-1101. Short title.

This act may be cited as the “Health Care Facility Receivership Act.”

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1102. Definitions.

1. As used in this act:
   1. “Department” means the department of health;
   2. “Health care facility” means any facility licensed or certified by the department that is a hospital or that normally provides twenty-four (24) hour per day care for individuals, including the facility’s owner, operator or licensee;
   3. “This act” means W.S. 35-2-1101 through 35-2-1109 .

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1103. Petition for receivership; hearing; parties; emergency order.

1. The department may file a petition in the district court to appoint a receiver for a health care facility, if the facility:
   1. Is operating without a license or the facility’s license has been suspended, revoked or not timely renewed; or
   2. Presents a situation, physical condition, practice or method of operation that causes an imminent danger of death or significant mental or physical harm to its residents or patients.
2. Service of process shall be made in any manner as provided by the Rules of Civil Procedure. If personal service cannot practicably or promptly be made as provided in the Rules of Civil Procedure, service may be made by delivery of the summons with the petition attached to any person in charge of the health care facility at the time service is made.
3. The court shall hold a hearing on the merits of the petition not later than ten (10) days after the date the petition is filed.
4. Following a hearing, the district court shall appoint the director of the department as the receiver if it finds by a preponderance of the evidence that any of the conditions in subsection (a) of this section exist.
5. The court may appoint a receiver upon an ex parte motion when affidavits, testimony or any other evidence presented indicates there is a reasonable likelihood that any of the conditions in paragraph (a)(ii) of this section exist. Notice of the petition and ex parte order appointing the receiver shall be served in any manner as provided by the Rules of Civil Procedure and shall be posted in a conspicuous place inside the facility not later than twenty-four (24) hours after issuance of the order. A hearing on the original petition shall be held not later than five (5) days after the issuance of the ex parte order unless the health care facility consents to a later date or waives the hearing.
6. Following any regular or ex parte hearing, the director of the department may designate a qualified person, experienced in health facility management, to act as the receiver. The designated person shall be free of conflict of interest with the health care facility that is in receivership.
7. After the appointment of a receiver, the court shall conduct a hearing on the status of the receivership every six (6) months.

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1104. Effect of appointment.

When a receiver is appointed under this act, the health care facility shall be divested of possession and control in favor of the receiver. The appointment of the receiver shall not affect the rights of the health care facility to defend against any claim, suit or action against the facility, including, but not limited to, any licensure, certification or injunctive action taken by the department.

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1105. Powers and duties of a receiver.

1. A receiver appointed under this act shall:
   1. Have the same powers as a receiver under W.S. 1-33-104 and shall exercise those powers necessary to remedy the conditions that constituted grounds for the imposition of the receivership, assure adequate health care for the residents or patients and preserve the assets and property of the health care facility;
   2. Notify each resident or patient and each resident or patient’s guardian or conservator, if any, or other responsible party, if known, of the receivership;
   3. Collect incoming payments from all sources;
   4. Apply the current revenue and current assets of the health care facility to current operating expenses of the facility;
   5. Pay taxes against the health care facility which become due during the receivership;
   6. Be entitled to take possession of all property, assets and records of residents or patients which are in the possession of the health care facility. The receiver shall preserve all property, assets and records of residents or patients of which the receiver takes possession.
2. In addition to the powers and duties provided in subsection (a) of this section, a receiver may exercise the following powers:
   1. Assume the role of administrator and take control of day-to-day operations of the health care facility or name a qualified administrator to conduct the day-to-day operations of the health care facility subject to the supervision and direction of the receiver;
   2. Correct or eliminate any deficiency in the structure or furnishings of the health care facility that endangers the safety or health of the residents or patients while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000.00). The court may order expenditures for this purpose in excess of three thousand dollars ($3,000.00) on application from the receiver;
   3. Remedy violations of federal and state laws and regulations governing the operation of the health care facility;
   4. Contract for or hire agents and employees to maintain and operate the facility; and
   5. Hire or discharge any employees including the health care facility’s administrator.
3. The receiver in its discretion may, but shall not be required to, defend any claim, suit or action against the receiver or the health care facility arising out of conditions, actions or circumstances occurring or continuing at the health care facility after the appointment of the receiver.
4. The district court may limit or expand the powers or duties of a receiver.

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1106. Termination of receivership.

1. The court, upon a motion by the receiver, the health care facility or the owner of the physical facility, may terminate the receivership if:
   1. The receivership is no longer necessary because the conditions which gave rise to the receivership no longer exist;
   2. All of the residents in the facility have been transferred or discharged and the facility is ready to be closed; or
   3. The owner of the physical facility or the health care facility enters into a lease or sale agreement with a prospective operator of the facility who is licensed or can be licensed by the department and who in the judgment of the department will likely remedy the cause of the receivership.
2. In its termination order, the court may include terms it deems necessary to prevent the future occurrence of the conditions upon which the receivership was ordered.

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1107. Priorities.

1. During a receivership under this act, the following expenses and claims have priority in the following order:
   1. The costs and expenses of the administration of the health care facility during the term of the receivership;
   2. Claims for:
      1. Wages actually owing to employees, other than officers of the facility, for services rendered within three (3) months prior to the date of commencement of the receivership proceeding against the facility, but not exceeding one thousand dollars ($1,000.00) to each employee;
      2. Secured claims, including claims for taxes and debts due the federal or any state or local government, which are secured prior to the appointment of the receiver.
   3. Claims by or on behalf of individual patients or clients for the cost of health care services which were to be provided by the facility, but were not received by the patient or client for whom the care was paid;
   4. Unless otherwise provided by law, all other claims of general creditors not falling within any other priority under this section, including claims for taxes and debts due to the federal government or any state or local government which are not secured claims;
   5. Proprietary claims of shareholders, members or officers of the health care facility.
2. Upon motion by a claimant or by one (1) of the parties to a receivership action under this act, the district court may amend the priorities listed in subsection (a) of this section and order payment of claims as may be necessary in the interest of justice.

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1108. Receiver’s liability.

1. The liability of the department shall be limited as set forth in the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120 , for the operation of medical facilities and the provision of health care.
2. If a person is designated to act as a receiver pursuant to W.S. 35-2-1103(f) and is not covered by the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120 , the designated receiver shall only be held liable in a personal capacity for the designated receiver’s own gross negligence, intentional acts or breach of fiduciary duty.

History. Laws 2016, ch. 45, § 1; 2017, ch. 41, § 1.

The 2017 amendment , effective July 1, 2017, in (a) and (b), substituted “1-39-120” for “1-39-121”.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1109. Applicability.

The receivership provisions of W.S 1-33-101 through 1-33-110 shall apply to actions under this act to the extent that they do not conflict with this act.

History. Laws 2016, ch. 45, § 1.

Effective date. —

Laws 2016, ch. 45, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 35-2-1201. Senior health care districts; establishment; definitions.

1. A senior health care district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.
2. As used in this article “senior health care” means “health care” as defined in W.S. 35-22-402(a)(viii) that is delivered to a person who is at least sixty (60) years of age, a disabled adult who is at least eighteen (18) years of age, or a person with medical or behavioral health care needs as determined by appropriate medical assessments and is provided:
   1. By a person or facility licensed, certified or otherwise authorized by the laws of this state in the ordinary course of business or practice of a profession to provide health care services;
   2. Through home care services, assisted living programs, skilled nursing facilities, nursing homes, hospice services, residential care homes or other related facilities; or
   3. As specified under W.S. 18-15-111(a)(i) through (iii).

History. Laws 2020, ch. 17, § 1.

Effective date. —

Laws 2020, ch. 17, § 3, makes the act effective July 1, 2020.

§ 35-2-1202. Body corporate; name and style; powers generally; rules and regulations of trustees.

1. Each district is a body corporate and shall be designated by the name of the .... senior health care district. The district name shall be entered upon the commissioners’ records and shall be selected by the commissioners of the county in which the greater area of land within the district is located. In the name so selected, the district through its trustees may:
   1. Direct the affairs of the district in the same manner as a rural health care district under W.S. 35-2-703(a)(i) through (xi) for the purpose of providing senior health care;
   2. Provide directly or by contract for the provision of programs or services under this article. Contracts under this section shall:
      1. Require the provider, if an organization or agency, to be incorporated under the laws of this state as a nonprofit corporation prior to the receipt of any funds;
      2. Specify the manner in which the funds are expended and the programs or services provided; and
      3. Require the provider of the programs or services to present an annual budget for review to determine compliance with this article and for approval by the district.

History. Laws 2020, ch. 17, § 1.

Effective date. —

Laws 2020, ch. 17, § 3, makes the act effective July 1, 2020.

§ 35-2-1203. Administration of finances; assessment and levy of taxes.

1. The board of trustees of a senior health care district shall administer the finances of the district according to the provisions of the Uniform Municipal Fiscal Procedures Act, except that an annual audit in accordance with W.S. 16-4-121 is not required. Each senior health care district shall comply with the provisions of W.S. 9-1-507(a)(iii).
2. The assessor shall assess the property of each senior health care district.
3. The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in the district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each senior health care district but in no case shall the tax for the district exceed in any one (1) year the amount of two (2) mills on each dollar of assessed valuation of the property.

History. Laws 2020, ch. 17, § 1; 2021, ch. 149, § 1.

The 2021 amendment , effective July 1, 2021, deleted "special" preceding "district shall comply" in the second sentence of (a).

Effective date. —

Laws 2020, ch. 17, § 3, makes the act effective July 1, 2020.

§ 35-2-1204. Applicability.

A senior health care district shall be operated, administered and is otherwise subject to the provisions that govern a rural health care district under Wyoming statutes, title 35, chapter 2, article 7, except W.S. 35-2-701 , 35-2-705 and 35-2-708 shall not apply. W.S. 35-2-711 through 35-2-722 shall not apply to W.S. 35-2-1203 . The question of approval of the issuance of bonds for senior health care purposes pursuant to W.S. 35-2-709(a) shall be submitted to electors only at a general election.

History. Laws 2020, ch. 17, § 1.

Effective date. —

Laws 2020, ch. 17, § 3, makes the act effective July 1, 2020.

§ 35-2-1301. Short title.

This act may be cited as the “Long-term Care Electronic Monitoring Act.”

History. Laws 2020, ch. 126, § 1.

Effective date. —

Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1302. Definitions.

1. As used in this act:
   1. “Capacity to consent” means an individual’s ability to:
      1. Understand and appreciate the significant benefits, risks and alternatives to proposed health care;
      2. Understand and appreciate the nature and consequences of making decisions concerning one’s person; and
      3. Make and communicate a health care decision.
   2. “Department” means the Wyoming department of health;
   3. “Electronic monitoring” means the placement and use of an electronic monitoring device by a resident in the resident’s room pursuant to the requirements of this act;
   4. “Electronic monitoring device” means a video camera or other surveillance instrument with a fixed position that captures, records, transmits or broadcasts audio, video or both and that is installed in a resident’s room and used for electronic monitoring of the resident and activities in the room;
   5. “Facility” means an assisted living facility or a nursing care facility certified, licensed or otherwise authorized or permitted by law to provide long-term care in the facility’s ordinary course of business and through its employees acting within the scope of their duties;
   6. “Resident” means a person who is eighteen (18) years or older residing at a facility;
   7. “Resident’s representative” means an individual with a power of attorney for health care or other legal authority to make health care decisions on behalf of a resident who lacks capacity to consent;
   8. “Resident’s room” means a resident’s private or shared primary living space within a long-term care facility;
   9. “This act” means W.S. 35-2-1301 through 35-2-1308 .

History. Laws 2020, ch. 126, § 1.

Effective date. —

Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1303. Authorized electronic monitoring; applicability.

1. No facility or resident of a facility shall engage in electronic monitoring or use electronic monitoring devices except as provided in this act.
2. Notwithstanding W.S. 7-3-702 , nothing in this act shall be construed to authorize or permit the use of an electronic monitoring device for the nonconsensual interception or unauthorized recording, storage or disclosure of private communications or actions occurring in a resident’s room.
3. A facility may install and use security surveillance devices in the facility’s common areas and other locations except for resident rooms as the facility deems necessary for monitoring the facility. Any recording made by security surveillance devices under this subsection shall be the property of the facility.
4. A resident or resident’s representative may seek to install and use electronic monitoring devices in the resident’s room pursuant to the requirements of this act. Any recording made by an electronic monitoring device under this subsection shall be the property of the resident or the resident’s representative but may be used by a facility as provided by rule of the department.

History. Laws 2020, ch. 126, § 1.

Effective date. —

Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1304. Authorized electronic monitoring; notice.

1. Every facility where electronic monitoring devices are in use shall post and maintain a notice or signage in a conspicuous location at or near the facility’s main entrances stating that electronic monitoring devices may be in use in or throughout the facility.
2. A facility shall post and maintain notice or signage in a conspicuous location at the entrance to each resident’s room where an electronic monitoring device is being used. The notice or signage shall state that the resident’s room is being monitored by an electronic monitoring device.
3. When electronic monitoring or security surveillance is used at a facility, upon admission or at any other necessary time as determined by the facility, a facility shall obtain the resident’s or the resident’s representative’s signature on a form furnished by the department and provided to the resident or representative by the facility. The form must at a minimum list the following:
   1. That each resident has the right to use electronic monitoring devices in the resident’s room, provided that any other residents in the room consent to the electronic monitoring;
   2. That the use of unauthorized electronic monitoring devices or covert placement of an electronic monitoring device is prohibited;
   3. That other residents in the facility may be using electronic monitoring devices in their rooms;
   4. That a resident may file a grievance with the facility if a facility interferes with a resident’s right to use electronic monitoring and that a resident may file a grievance with the department if the facility fails to resolve or respond to the grievance;
   5. The security and privacy risks associated with the use of electronic monitoring devices;
   6. Any other provisions required by the department pursuant to rules promulgated in accordance with this act.

History. Laws 2020, ch. 126, § 1.

Effective date. —

Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1305. Capacity; request; consent; records.

1. A resident with capacity to consent may request and consent to electronic monitoring pursuant to the provisions of this act. For a resident who lacks capacity to consent, the resident’s representative may request and consent to electronic monitoring, provided the use of electronic monitoring does not contravene any prior expressed wishes of the resident and the resident does not object to electronic monitoring.
2. A resident or the resident’s representative shall request to use electronic monitoring in the resident’s room using a form provided by the department and furnished to the resident or representative by the facility. The form required under this subsection shall require the resident or his representative to:
   1. Acknowledge that, by using an electronic monitoring device, the resident may reveal personal or sensitive information, including health-related information, to individuals with authorized access to the electronic monitoring device and confirm that the resident or his representative consents to any disclosure;
   2. Waive any claim of liability against the facility for any civil damages for any release or use of a recording made by security surveillance devices under the control or in the custody of the facility or for a violation of the resident’s right to privacy in connection with the use of electronic monitoring devices, except for acts or omissions constituting gross negligence or willful or wanton misconduct;
   3. Acknowledge that the consent of other residents residing in the same room is required and that the other residents residing in the same room may limit the resident’s use of an electronic monitoring device;
   4. Specify the desired type and number of devices, the proposed date of installation and a copy of any contracts with commercial entities that will oversee the installation and maintenance of the electronic monitoring devices;
   5. Acknowledge that facility approval of the type, number, location and installation of electronic monitoring devices is required before installation;
   6. Acknowledge that the resident is responsible for all fees associated with the electronic monitoring device including purchase, installation, removal, maintenance, internet connectivity and repair of any damage or markings resulting from installation;
   7. Complete any other requirements specified by the department.
3. No resident shall install an electronic monitoring device in the resident’s room without the consent of any other resident residing in the same room. A resident may obtain the consent of all other residents in the same room by using a form furnished by the department and provided to the resident by the facility. The form shall require the consenting resident or his representative to:
   1. Acknowledge that he is not required to consent and may revoke his consent at any time;
   2. Acknowledge the resident’s right to impose limits on electronic monitoring pursuant to W.S. 35-2-1306(g);
   3. Waive any claim of liability against the facility for any civil damages for any release or use of a recording made by an electronic monitoring device under the control or in the custody of the facility or for a violation of the resident’s right to privacy in connection with the use of electronic monitoring devices, except for acts or omissions constituting gross negligence or willful or wanton misconduct;
   4. Complete any other requirements specified by the department.
4. A resident requesting to use electronic monitoring may request to switch rooms or roommates, subject to availability and at the resident’s expense. A facility unable to accommodate a resident’s request shall reevaluate the request at least one (1) time every two (2) weeks until the facility is able to accommodate the request. A facility shall not be responsible for its inability to accommodate a resident’s request at the time of the request.
5. A resident or resident’s representative who consented as provided in subsection (c) of this section may revoke that consent at any time and for any reason. If consent is revoked, a resident must immediately cease using any electronic monitoring devices in the room. A facility shall have authority to remove or disable any electronic monitoring device from a room after consent is revoked and if the resident does not immediately cease using the device.
6. All facilities shall obtain and retain all forms submitted by residents under this act. Forms shall be retained consistent with requirements for retaining medical records consistent with state and federal law.

History. Laws 2020, ch. 126, § 1.

Effective date. — Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1306. Facility rules; installation of electronic monitoring devices; accommodation by facility.

1. A facility shall not refuse to admit, remove or retaliate against a resident who requests to use, uses or declines to consent to use electronic monitoring in his room pursuant to this act.
2. A facility may develop policies governing the placement and installation of electronic monitoring devices, subject to the provisions of this act and any rules promulgated by the department.
3. A facility shall not unnecessarily impair or impede a resident’s use of electronic monitoring devices but may require installation of devices by a licensed contractor or facility personnel and may limit the placement of devices to maintain resident privacy and dignity.
4. A resident shall obtain the facility’s approval before installing or using any electronic monitoring device, subject to the consent of any other resident residing in the same room as required under W.S. 35-2-1305(c).
5. A resident or the resident’s representative shall be responsible for all costs associated with purchasing, installing, using, maintaining, servicing and removing electronic monitoring devices. For electronic monitoring devices requiring an internet connection, the facility may restrict or limit a resident’s use of the facility’s network services for those devices and may charge a reasonable fee to the resident using the facility’s internet for electronic monitoring.
6. All electronic monitoring devices used by facilities and residents in facilities shall be conspicuous and in plain view. The facility is responsible for ensuring that no electronic monitoring device is installed in a location that:
   1. Jeopardizes the privacy or dignity of any resident;
   2. Contravenes any imposed limitation on its placement or use as set forth by the department, the facility, the resident or any other resident residing in the same room;
   3. Jeopardizes the safety of a resident, employee, visitor or other person;
   4. Violates federal, state or local regulations.
7. Any resident residing in a room with electronic monitoring may establish limits on the use of electronic monitoring. The resident may impose limits restricting monitoring during specific times, in the presence of specific individuals, during times of personal care and treatment or for any other reason. Upon request by the resident, the facility shall make reasonable efforts to disable or obscure the electronic monitoring devices and to accommodate the resident’s requested limits on electronic monitoring when the facility can reasonably do so. The facility shall document all limits requested by the resident and the facility’s efforts to accommodate those requests.
8. A facility or employee of the facility shall not have access to video or audio recordings captured by an electronic monitoring device except as specified in this act.

History. Laws 2020, ch. 126, § 1.

Effective date. — Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1307. Admissibility of electronic monitoring; liability; reporting.

1. No court or state agency shall admit into evidence or consider during any proceeding any recording created using an electronic monitoring device in a facility unless the recording is otherwise admissible under the Wyoming Rules of Evidence.
2. Upon request, a facility shall receive a copy of any recording that a party uses in an administrative proceeding against the facility.
3. A facility shall have no criminal or civil liability for:
   1. Disclosing a recording made by an electronic monitoring device for any purpose pursuant to this act; and
   2. The disclosure of a recording for any purpose not authorized by this act by a resident, the resident’s representative or any agent of the resident or the resident’s representative.
4. A facility that provides internet or network access to a resident for the resident’s electronic monitoring device shall not be liable for any network security breach caused by or resulting in unauthorized access to the electronic monitoring devices or any data captured, recorded, transmitted or broadcasted by the devices.
5. A facility shall have no civil or criminal liability for a violation of a resident’s right to privacy that arises out of any electronic monitoring conducted in accordance with this act.

History. Laws 2020, ch. 126, § 1.

Effective date. — Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-2-1308. Electronic monitoring devices; rulemaking; compliance with rules.

1. The department shall promulgate rules necessary to implement this act including rules for receiving and resolving grievances received from residents.
2. Any resident or facility using an electronic monitoring device before, on or after October 1, 2020 shall comply with this act.

History. Laws 2020, ch. 126, § 1.

Effective date. — Laws 2020, ch. 126, § 3, makes the act effective October 1, 2020.

§ 35-3-101. Procedure for proposing establishment of sanitary and improvement districts.

1. through (f) Repealed by 1998 Laws, ch. 115, § 5.
2. A special sanitary and improvement district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.

History. Laws 1950, Sp. Sess., ch. 17, § 1; W.S. 1957, § 35-141; Laws 1959, ch. 143, § 1; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1998, ch. 115, §§ 2, 5.

Cross references. —

As to reorganization of sanitary and improvement districts as sewer district or water and sewer district, see § 41-10-148 .

A sanitary district is a civil or political subdivision of the state organized to secure, preserve and promote the public health. Such districts are necessarily located in some county, or possibly counties, in the state, and in view of the fact that some limitation of indebtedness was probably intended, they may be regarded as political subdivisions of the state as well as of the county in contemplation of the constitution, unless, of course, they constitute a city, town or village, the limitation of indebtedness of which is specifically provided. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

Failure to provide for special registration constitutional. —

The failure of the legislature to provide for a special registration for a special election or issuance of bonds by an improvement district did not contravene art. 6, § 12, Wyo. Const., since all legal voters had an opportunity to vote under the provisions of former § 35-144, W.S. 1957. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

§ 35-3-102. Contents of petition; lands not to be included.

The petition for the establishment of said district shall contain a definite description of the territory intended to be embraced in such district according to government survey and the name of the proposed district. No lands included within any municipal corporation shall be included in any sanitary and improvement district, and no tract of twenty (20) acres or more which is outside any municipal corporation and is used primarily for industrial purposes shall be included in any sanitary and improvement district organized under this act [§§ 35-3-101 through 35-3-124 ] without the written consent of the owner of such tract.

History. Laws 1950, Sp. Sess., ch. 17, § 2; W.S. 1957, § 35-142; Laws 1959, ch. 143, § 2.

§ 35-3-103. Election of trustees at organization; term; salary; corporate powers.

At the election for the organization of the district, there shall be elected two (2) trustees for a term of two (2) years and three (3) trustees for a term of four (4) years. Thereafter their respective successors shall be elected for a term of four (4) years and until their successors are elected pursuant to the Special District Elections Act of 1994. At the first meeting after election of one (1) or more members, the board shall elect one (1) of their number president. Such district shall be a body corporate and politic by name of “Sanitary and Improvement District of . . . . . ”, with power to sue, be sued, contract, acquire, and hold property, and adopt a common seal. The trustees shall each receive as his salary the sum of three dollars ($3.00) for each meeting.

History. Laws 1950, Sp. Sess., ch. 17, § 5; W.S. 1957, § 35-145; Laws 1994, ch. 99, § 2; 1998, ch. 115, § 2.

§ 35-3-104. Bond of trustees.

Each trustee of any such district shall, prior to entering upon his office, execute and file with the county clerk of the county in which said district, or the greater portion of the area thereof, is located his bond, with one (1) or more sureties, to be approved by the county clerk, running to the state of Wyoming in the penal sum of five thousand dollars ($5,000.00), conditioned for the faithful performance by said trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on said bonds by any person, firm or corporation that has sustained loss or damage in consequence of the breach thereof.

History. Laws 1950, Sp. Sess., ch. 17, § 6; W.S. 1957, § 35-146.

§ 35-3-105. Election and compensation of clerk; employment of engineer; ordinances, rules and regulations; publication of proceedings.

The board of trustees shall elect one (1) of their members clerk and have the power to appoint, employ and pay an engineer, who shall be removable at pleasure. The clerk may be paid not to exceed five hundred dollars ($500.00) per year by said board. The board shall have power to pass all necessary ordinances, orders, rules and regulations for the necessary conduct of its business and to carry into effect the objects for which such sanitary and improvement district is formed. Immediately after each regular and special meeting of said board, it shall cause to be published in one (1) newspaper of general circulation in the district, a brief statement of its proceedings, including an itemized list of bills and claims allowed, specifying the amount of each, to whom paid and for what purpose; provided, no publication shall be required unless the same can be done at an expense not exceeding one-third of the rate for publication of legal notices.

History. Laws 1950, Sp. Sess., ch. 17, § 7; W.S. 1957, § 35-147.

§ 35-3-106. Power of trustees to establish water mains, sewers and disposal plants; approval by state department of health.

The board of trustees of any district organized under this act [§§ 35-3-101 through 35-3-124 ] shall have power to provide for establishing, maintaining and constructing water mains, sewers and disposal plants, and disposing of drainage, waste and sewage of such district in a satisfactory manner. Any system established shall be approved by the Wyoming state department of health. The district may construct its sewage disposal plant and other sewerage improvements, in whole or in part, inside or outside the boundaries of the district and may contract with corporations or municipalities for disposal of sewage and use of existing sewerage improvements.

History. Laws 1950, Sp. Sess., ch. 17, § 8; W.S. 1957, § 35-148; Laws 1991, ch. 221, § 2.

Cross references. —

As to reorganization of sanitary and improvement districts as sewer district or water and sewer district, see § 41-10-148 .

Quoted in

In re West Hwy. San. & Imp. Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (1957).

§ 35-3-107. Contracts.

All contracts for work to be done, the expense of which is more than five hundred dollars ($500.00), may employ alternate design and construction delivery methods as defined in W.S. 16-6-701 and shall be let to the lowest responsible bidder, upon notice of not less than twenty (20) days of the terms and conditions of the contract to be let. The board of trustees shall have power to reject any and all responses or bids and readvertise for the letting of such work.

History. Laws 1950, Sp. Sess., ch. 17, § 10; W.S. 1957, § 35-149; Laws 2006, ch. 98, § 2.

The 2006 amendment, effective July 1, 2006, inserted “may employ alternate design and construction delivery methods as defined in W.S. 16-6-701 and” and inserted “responses or”.

Cross references. —

As to public contracts generally, see §§ 16-6-101 to 16-6-120 and 16-6-121 .

Am. Jur. 2d, ALR and C.J.S. references. —

Public contracts: low bidder's monetary relief against state or local agency for nonaward of contract, 65 ALR4th 93.

§ 35-3-108. Administration of finances. [Repealed]

History. Laws 1959, ch. 143, § 3; W.S. 1957, § 35-149.1; 2012, ch. 98, § 1; Repealed by Laws 2017, ch. 62, § 3.

§ 35-3-109. Annual tax levy authorized; certification and collection; treasurer designated.

The board of trustees may annually levy and collect taxes for corporate purposes upon property within the limits of such sanitary and improvement district, to the amount of not more than one (1) mill on the dollar of the actual valuation for general purposes and file the resolution in the office of the county clerk who shall record the same in the county where the district lies. The board shall also certify the same to the county assessor of the counties in which the district is located, who shall extend the same upon the county tax list. The same shall be collected by the county treasurer in the same manner as state and county taxes. The county treasurer of the county in which the greater portion of the area of the district is located shall disburse the same on warrants of the board of trustees, and in respect to such fund the county treasurer shall be ex officio treasurer of the sanitary and improvement district.

History. Laws 1950, Sp. Sess., ch. 17, § 11; W.S. 1957, § 35-150; Laws 1980, ch. 49, § 2; 1998, ch. 115, § 2.

Cited in

In re West Hwy. San. & Imp. Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (1957).

§ 35-3-110. Eminent domain; power conferred.

Such sanitary and improvement district may acquire by purchase, condemnation or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes.

History. Laws 1950, Sp. Sess., ch. 17, § 12, W.S. 1957, § 35-151.

Cross references. —

For constitutional provisions relating to eminent domain, see art. 1, § 32, Wyo. Const.

As to eminent domain generally, see ch. 26 of title 1.

Law reviews. —

For comment, “The Use of Opinion Testimony for Valuing Real Property in an Eminent Domain Suit,” see XIX Land & Water L. Rev. 43 (1984).

§ 35-3-111. Eminent domain; manner of exercise; ascertaining damage to property.

Whenever the board of trustees of any sanitary and improvement district shall by order determine to make any public improvement under the provisions of this act [§§ 35-3-101 through 35-3-124 ] which shall require that private property be taken or damaged, the district may cause the damage therefor to be ascertained as nearly as may be according to the provisions of law for the appropriation of right-of-way by railway companies.

History. Laws 1950, Sp. Sess., ch. 17, § 13; W.S. 1957, § 35-152.

Cross references. —

For provisions relating to exercise of eminent domain by railroads, see § 1-26-810 .

As to condemnation of property, see Rule 71.1, W.R.C.P.

§ 35-3-112. Right-of-way over public lands.

Whenever it is necessary, in making any improvement under the provisions of this act [§§ 35-3-101 through 35-3-124 ], to enter upon or cross any state or public lands, the district may acquire a right-of-way over the lands subject to any rules, regulations or requirements as may be necessary and by paying fair market value for the right-of-way as determined by the board of land commissioners subject to appeal to district court as to the determination of fair market value.

History. Laws 1950, Sp. Sess., ch. 17, § 14; W.S. 1957, § 35-153; Laws 1981, ch. 174, § 2.

§ 35-3-113. Annual oversight of accounts; information to be shown; powers and duties of director.

1. The director of the state department of audit shall cause there to be oversight of the books of account, kept by the board of trustees of each sanitary and improvement district in the state of Wyoming, in accordance with W.S. 9-1-507 or 16-4-121(f), as applicable.
   1. through (xi) Repealed by Laws 1995, ch. 199, § 2.
2. All reports under subsection (a) of this section shall be and remain a part of the public records in the office of the director of the state department of audit. The expense of such oversight shall be paid out of the funds of the district. The director of the state department of audit or his designee shall be given access to all books and papers, contracts, minutes, bonds and other documents and memoranda of every kind and character of such district and be furnished all additional information possessed by any present or past officer or employee of any such district, or by any other person, that is essential to the making of a comprehensive and correct report.

History. Laws 1950, Sp. Sess., ch. 17, § 15; W.S. 1957, § 35-154; Laws 1991, ch. 240, § 1; 1994, ch. 29, § 1; 1995, ch. 199, §§ 1, 2.

Cited in

In re West Hwy. San. & Imp. Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (1957).

§ 35-3-114. Annexation by city or village.

If the district, or any part of it, is annexed by any city or village, such city or village shall assume and pay the bonds and other obligations outstanding at the time of annexation.

History. Laws 1950, Sp. Sess., ch. 17, § 16; W.S. 1957, § 35-155.

§ 35-3-115. Bonds; general requirements as to issuance; tax levy.

The district may borrow money for corporate purposes and issue its general obligation bonds therefor, but the principal amount of the general obligation bond shall not exceed ten percent (10%) of the assessed valuation of the taxable property in the district and the district shall cause to be levied and collected annually a tax by valuation on all the taxable property in the district, except intangible property, sufficient to pay the interest and principal of the bonds as the interest and principal become due and payable. In lieu of the issuance of general obligation bonds, the district may issue its revenue bonds to pay all or part of the cost of the improvements and pledge and hypothecate the revenues and earnings of its sewer system for the payment of the revenue bonds, and enter into a contract with reference thereto as may be necessary or proper. The district may pay part of the cost of the improvements by the issuance of general obligation bonds and part by the issuance of revenue bonds. The procedure for the issuance of the bonds shall be that prescribed by this act [§§ 35-3-101 through 35-3-124 ]. The limit on the amount of the bonds shall not apply to revenue bonds payable solely from the revenues and earnings of the district.

History. Laws 1950, Sp. Sess., ch. 17, § 9; W.S. 1957, § 35-156; Laws 1971, ch. 254, § 28; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Cross references. —

For General Obligation Public Securities Refunding Law, see §§ 16-5-101 to 16-5-119 .

For 1965 Public Securities Validation Act, see §§ 16-5-201 to 16-5-204 .

The indebtedness of the sanitary district is limited by art. 16, § 4, Wyo. Const., which provides that no debt in excess of the taxes for the current year shall be created by any county or subdivision thereof or any city, town or village, or any subdivision thereof unless approved by the people at an election. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

Excess indebtedness in violation of constitution. —

A sanitary district may not be strictly speaking a village or other municipal corporation, yet broadly speaking it can fairly be said to be within the contemplation of art. 16, § 5, Wyo. Const., with a limitation of indebtedness of 2% of the taxable value of the property therein, plus not to exceed 4% of the value of such taxable property for sewer purposes. Hence insofar as § 9, ch. 17, Laws 1950, Sp. Sess., permits an indebtedness in excess thereof, namely, to the extent of 10% of the taxable value of the district, it is in violation of art. 16, § 5, Wyo. Const.In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

§ 35-3-116. Bonds; judicial examination and approval; prerequisite to sale.

The board of trustees of a sanitary and improvement district organized under the provisions of this act [§§ 35-3-101 through 35-3-124 ], shall, before issuing and before selling any bonds of such district, commence special proceedings, in and by which the proceedings of the board and of the district providing for and authorizing the issue and sale of the bonds of the district shall be judicially examined, approved and confirmed, or disapproved and disaffirmed.

History. Laws 1950, Sp. Sess., ch. 17, § 17; W.S. 1957, § 35-157.

Stated in

In re West Hwy. San. & Imp. Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (1957).

§ 35-3-117. Bonds; judicial examination and approval; petition.

The board of trustees of the district or such holder or holders of any bond or bonds of the district shall file in the district court of the county in which the lands of the district, or the greater portion thereof, are situated, a petition praying in effect that the proceedings aforesaid may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for the issuance and sale of the bonds and shall state generally that the sanitary and improvement district was duly organized, and that the first board of trustees was duly elected. The petition need not state the facts showing such organization of the district or the election of the first board of trustees.

History. Laws 1950, Sp. Sess., ch. 17, § 18; W.S. 1957, § 35-158.

§ 35-3-118. Bonds; judicial examination and approval; notice and hearing.

The court shall fix the time for the hearing of the petition, and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given as is provided in section 3 [repealed]. The notice shall state the time and place fixed for the hearing of the petition and prayer of the petition, and that any person interested in the organization of the district, or in the proceedings for the issuance or sale of the bonds may, on or before the day fixed for the hearing of the petition, move to dismiss the petition or answer thereto. The petition may be referred to and described in the notice as the petition of . . . . . (giving its name), praying that the proceedings for the issuance and sale of such bonds of such district may be examined, approved and confirmed by the court.

History. Laws 1950, Sp. Sess., ch. 17, § 19; W.S. 1957, § 35-159.

Editor's notes. —

Section 3, ch. 17, Laws 1950, Sp. Sess., referred to in this section, was repealed by § 4, ch. 143, Laws 1959. For present provisions similar to the notice provisions of § 3, ch. 17, Laws 1950, Sp. Sess., see § 35-3-101 .

§ 35-3-119. Bonds; judicial examination and approval; objections to petition; pleading and practice.

Any person interested in the district, or in the issuance or sale of the bonds, may move to dismiss the petition or answer thereto. The provisions of the Code of Civil Procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition in such special proceedings. The persons so filing motion and answering the petition shall be the defendants in the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act [§§ 35-3-101 to 35-3-124 ] are applicable to the special proceedings herein provided for.

History. Laws 1950, Sp. Sess., ch. 17, § 20; W.S. 1957, § 35-160.

Cross references. —

For Code of Civil Procedure, see title 1.

As to pleadings and motions, see Rules 7 to 16, W.R.C.P.

§ 35-3-120. Bonds; judicial examination and approval; powers of court; confirmation or disapproval of issue; cost; history of proceedings; endorsement and registration.

Upon the hearing of such special proceedings, the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm each and all of the proceedings for the organization of such district under the provisions of this act [§§ 35-3-101 through 35-3-124 ], from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of the bonds and the order of sale and the sale thereof. The court in inquiring into the regularity, legality or correctness of such proceedings, must disregard an error, irregularity or omission which does not affect the substantial rights of the parties to such special proceedings. It may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed in W.S. 35-3-118 . The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court. If the court shall determine the proceedings for the organization of the district and for the voting and issuing of the bonds legal and valid, the board of trustees shall then prepare a written statement beginning with the filing of the petition for the organization of the district, including all subsequent proceedings for the organization of the district and voting and issuing of the bonds, and ending with the decree of the court finding the proceedings for the organization of the district and the proceedings for the voting and issuing of the bonds legal and valid, and shall present such written statement and the bonds to the director of the state department of audit. The written statement shall be certified under oath by the board of trustees of the district, and the director shall then examine the statements and the bonds so submitted to him and if he is satisfied that the bonds have been voted in conformity to law and are in all respects in due form, he shall record the statement and register the bonds in his office. No such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of the examiner showing that such bonds are issued pursuant to law, the data filed in the office of the director being the basis of such certificate.

History. Laws 1950, Sp. Sess., ch. 17, § 21; W.S. 1957, § 35-161; Laws 1991, ch. 240, § 1.

§ 35-3-121. Bonds; objections to issuance; submission of question to voters; issuance upon favorable vote; rate of interest.

If the electors of the district, equal in number to forty percent (40%) of the electors of the district voting at the last general state election, file written objections to the proposed issuance of the bonds with the clerk of the board of trustees within twenty (20) days after the first publication of notice, the board of trustees shall submit the proposition of issuing the bonds to the electors of the district at an election on a date as determined by the board of county commissioners and authorized under W.S. 22-21-103 , notice of which shall be given by publication in a legal newspaper published or of general circulation in the district three (3) consecutive weeks. If a majority of the qualified electors of the district, voting upon the proposition, vote in favor of issuing bonds, the board of trustees may issue and sell bonds and, if revenue bonds are issued, pledge for the payment of same the revenues and earnings of the improvements as proposed in the notice, and enter into contracts in connection therewith as may be necessary or proper. The bonds shall draw interest from and after the date of the issuance thereof, at a rate determined by the board. In the event the electors fail to approve the proposition by majority vote, the proposition shall not be again submitted to the electors for their consideration until five (5) months have elapsed from the date of the election.

History. Laws 1950, Sp. Sess., ch. 17, § 25; W.S. 1957, § 35-162; Laws 1971, ch. 254, § 29; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1996, ch. 97, § 2.

This section and § 35-3-124 violate art. 16, § 4, Wyo. Const., insofar as the cited sections authorize the trustees of a sanitary and improvement district to issue bonds without an election if 40 percent of the electors do not object to issuance of the bonds. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

§ 35-3-122. Rules and regulations of trustees; determination and collection of service charges; discontinuance of service.

The board of trustees may make all necessary rules and regulations governing the use, operation, and control thereof. The board may establish an initial connection charge to be paid by any person, firm or corporation connecting to the system at the time of connection and establish just and equitable rates or charges to be paid to it for connections and the use of the water mains, disposal plant and sewerage system by each person, firm or corporation whose premises are served thereby. If the service charge so established is not paid when due, such sum may be recovered by the district in an action for the recovery of money or it may be certified to the county assessor and assessed against the premises served, and collected or returned in the same manner as other district taxes are certified, assessed, collected and returned. The district through its board of trustees, may make contracts or agreements whereby a person or corporation, public or private, furnishing water to the inhabitants of the district, shall turn off and refuse to sell water to any such water user who is delinquent in the payment of any sewer rental or service charges over forty-five (45) days. Notice of such discontinuance of water service to such person or corporation and water user shall be given by registered mail.

History. Laws 1950, Sp. Sess., ch. 17, § 22; W.S. 1957, § 35-163.

Constitutionality. —

The creation of a tax lien, without notice, as provided by this section, is invalid. But there is no reason why the remainder of the section may not stand as valid, since the parts are separable. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

§ 35-3-123. Required connections with sewer.

Whenever a sewer system has been established, all dwellings in the district shall connect therewith and all septic tanks shall be dispensed with. The board of trustees shall have the authority to institute court proceedings in a court of competent jurisdiction to carry out the provisions of this section.

History. Laws 1950, Sp. Sess., ch. 17, § 23; W.S. 1957, § 35-164.

Section is valid. —

The provision of this section providing for compulsory connection with the sewer system is valid. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

§ 35-3-124. Preparation of plans and specifications for improvement; estimate of cost; notice required before adoption; information to be shown in notice.

1. The board of trustees of such district shall first cause plans and specifications for said improvements and an estimate of the cost thereof to be made by a special engineer employed for that purpose. Such plans, specifications and estimate of cost, after being approved and adopted by the board of trustees, shall be filed with the county clerk and be open to public inspection.
2. The board of trustees shall then, by resolution entered in the minutes of their proceedings, direct that public notice be given in regard thereto. This notice shall state:
   1. The general nature of the improvements proposed to be made;
   2. That the plans, specifications and estimate thereof are on file in the office of the county clerk and are open to public inspection;
   3. The estimated cost thereof;
   4. That it has proposed to pay for the same by:
      1. Direct obligation bonds payable from unlimited ad valorem taxes on all the property located in the district in which the bonds are issued;
      2. Revenue bonds payable from service charges from present and future residents of the district; or
      3. A combination of the two (2) methods.
   5. The principal amount of said bonds which it proposes to issue;
   6. The maximum rate of interest which the bonds will bear and that they shall mature in not to exceed forty (40) years from the date of issuance thereof;
   7. That in the event revenue bonds are issued, the payment of said bonds will be a lien upon and will be secured by a pledge of the revenues and earnings from the improvements;
   8. The kind of improvements whose revenues and earnings are to be so pledged;
   9. That any qualified elector of the district may file written objections to the issuance of said bonds with the clerk of the board of trustees of the district within twenty (20) days after the first publication of said notice;
   10. That if such objections are filed within said time by qualified electors of the district, equal in number to forty percent (40%) of the electors of the district who voted at the last general state election, the bonds will not be issued unless the issuance of such bonds is otherwise authorized in accordance with law; and
   11. That if such objections are not so filed by such percentage of such electors, the board of trustees of the district proposes to pass a resolution authorizing the sale of said bonds and making such contracts with reference thereto as may be necessary or proper.
3. Such notice shall be signed by the clerk of the board of trustees and be published three (3) consecutive weeks in a legal newspaper published or of general circulation in the district.

History. Laws 1950, Sp. Sess., ch. 17, § 24; W.S. 1957, § 35-165.

This section and § 35-3-121 violate art. 16, § 4, Wyo. Const., insofar as the cited sections authorize the trustees of a sanitary and improvement district to issue bonds without an election if 40 percent of the electors do not object to issuance of the bonds. In re West Highway Sanitary & Improvement Dist., 77 Wyo. 384, 317 P.2d 495, 1957 Wyo. LEXIS 29 (Wyo. 1957).

§ 35-4-101. Department of health to prescribe rules and regulations; penalty for violation; resisting or interfering with enforcement.

The state department of health shall have the power to prescribe rules and regulations for the management and control of communicable diseases. Any persons violating or refusing to obey such rules and regulations or resisting or interfering with any officer or agent of the state department of health while in the performance of his duties shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by the imposition of such penalty as may be provided by law. Or in the discretion of the court said person may be punished by a fine of not more than one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment.

History. Laws 1909, ch. 99, § 3; C.S. 1910, § 2952; C.S. 1920, § 3615; Laws 1921, ch. 160, § 13; R.S. 1931, § 103-224; C.S. 1945, § 63-114; W.S. 1957, § 35-166; Laws 1991, ch. 221, § 2.

Cross references. —

As to penalty for violation of health laws generally, see §§ 35-1-105 , 35-1-106 .

For authority to make rules and regulations generally, see § 35-1-229 .

Stated in

LePage v. State, 2001 WY 26, 18 P.3d 1177, 2001 Wyo. LEXIS 34 , 94 A.L.R.5th 777 (Wyo. 2001).

Cited in

Jones v. State Dep't of Health, 2001 WY 28, 2001 Wyo. LEXIS 35 , 18 P.3d 1189 (Wyo. 2001).

Am. Jur. 2d, ALR and C.J.S. references. —

Power of court or other public agency to order vaccination over parental religious objection, 94 ALR5th 613.

§ 35-4-102. Liability of county for medical services; indigent patients.

The respective counties of the state shall not be liable for the payment of any claim for service rendered by any physician in the treatment of contagious diseases, unless such treatment shall be for the care of indigent persons who are a public charge.

History. Laws 1903, ch. 94, § 4; 1909, ch. 99, § 1; C.S. 1910, § 2953; C.S. 1920, § 3616; R.S. 1931, § 103-239; C.S. 1945, § 63-115; W.S. 1957, § 35-167.

Repealing clauses. —

Section 7, ch. 94, Laws 1903, repealed all laws and parts of laws in conflict therewith.

§ 35-4-103. Investigation of diseases; quarantine; regulation of travel; employment of police officers to enforce quarantine; report of county health officer; supplies and expenses.

The department of health shall, immediately after the receipt of information that there is any smallpox, cholera, scarlet fever, diphtheria or other infectious or contagious disease, which is a menace to the public health, in any portion of this state, order the county health officer to immediately investigate the case and report to the state health officer the results of the investigation. The state health officer shall, subject to W.S. 35-4-112 and if in his judgment the occasion requires, direct the county health officer to declare the infected place to be in quarantine. The county health officer shall place any restrictions upon ingress and egress at this location as in his judgment or in the judgment of the state health officer are necessary to prevent the spread of the disease from the infected locality. The county health officer shall upon declaring any city, town or other place to be in quarantine, control the population of the city, town or other place as in his judgment best protects the people and at the same time prevents the spread of the disease. If necessary for the protection of the public health and subject to W.S. 35-4-112 , the state health officer shall establish and maintain a state quarantine and shall enforce practical regulations regarding railroads or other lines of travel into and out of the state of Wyoming as necessary for the protection of the public health. The expenses incurred in maintaining the state quarantine shall be paid out of the funds of the state treasury appropriated for this purpose and in the manner in which other expenses of the department are audited and paid. The county health officer or the department may employ a sufficient number of police officers who shall be under the control of the county health officer, to enforce and carry out any quarantine regulations the department may prescribe. The regulations shall be made public in the most practicable manner in the several counties, cities, towns or other places where the quarantine is established. If the quarantine is established by the county health officer, he shall immediately report his actions to the state health officer. The county health officer shall furnish all supplies and other resources necessary for maintaining the quarantine. Upon certificate of the county health officer approved by the director of the state department of health, the county commissioners of any county where a quarantine has been established shall issue warrants to the proper parties for the payment of all expenses, together with the expense of employing sufficient police force, to maintain and enforce the quarantine. For purposes of this act, “state health officer” means as defined in W.S. 9-2-103(e).

History. Laws 1901, ch. 55, § 12; C.S. 1910, § 2939; C.S. 1920, § 3602; Laws 1921, ch. 160, § 6; R.S. 1931, § 103-211; C.S. 1945, § 63-117; W.S. 1957, § 35-168; Laws 1991, ch. 221, § 2; 2004, ch. 102, § 1; ch. 130 § 1.

Cross references. —

As to duty of cooperation to prevent the spread of contagious diseases, see § 35-1-223 .

As to power and duty to enforce isolation and quarantine, see § 35-1-240 .

For provisions dealing with contagious and infectious diseases among livestock generally, see ch. 19 of title 11.

The 2004 amendments. —

The first 2004 amendment, by ch. 102, § 1, effective July 1, 2004, rewrote the section, clarifying provisions pertaining to the investigation of communicable diseases and quarantine by the state and county health officers and deleting obsolete provisions.

The second 2004 amendment, by ch. 130, § 1, substituted “W.S. 9-2-103(e)” for “W.S. 9-2-101(f)”; and made stylistic changes throughout.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

This section is set out as amended by Laws 2004, ch. 102, pursuant to the direction of the legislative service office.

Meaning of “this act.” —

The term “this act,” referred to in the last sentence, means Laws 1991, ch. 221, which appears as various sections throughout the Wyoming Statutes. See the Table of Disposition of Acts in volume 11.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of doctor or other health practitioner to third party contracting contagious disease from doctor's patient, 3 ALR5th 370.

§ 35-4-104. Quarantine regulations generally; modification or abrogation.

In case of the existence of smallpox, cholera, typhoid fever, scarlet fever, diphtheria, or any infectious or contagious disease, including venereal diseases, that is a menace to public health, or of any epidemic of any such disease, the state health officer may, if he deems proper, proceed to the locality where such disease exists, and make such investigation as is necessary to ascertain the cause therefor, and in case of quarantine established by the county health officer, the state health officer shall have power after close personal inspection, to modify or abrogate any or all quarantine regulations after the same have been established.

History. Laws 1901, ch. 55, § 17; C.S. 1910, § 2944; C.S. 1920, § 3607; Laws 1921, ch. 160, § 9; R.S. 1931, § 103-216; C.S. 1945, § 63-122; W.S. 1957, § 35-169; Laws 1991, ch. 221, § 2.

Cross references. —

As to venereal diseases generally, see §§ 35-4-130 to 35-4-138 .

§ 35-4-105. Escape from quarantine deemed crime; punishment.

Any person or persons confined in any quarantine established in this state under the provisions of this act who shall escape therefrom or attempt to escape therefrom, without having been dismissed upon the certificate or authority of the county health officer may be charged with a crime and shall be quarantined for tuberculosis or other emergent disease or condition that might pose comparable risk for transmission in the absence of strict quarantine, and confined to a site designated by the state health officer and the director of the department of health until such disease is cured or becomes inactive or noninfectious. Upon conviction of a violation of this section, a person may be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than one (1) year.

History. Laws 1901, ch. 55, § 23; C.S. 1910, § 2950; Laws 1913, ch. 72, § 1; C.S. 1920, § 3613; R.S. 1931, § 103-222; C.S. 1945, § 63-129; W.S. 1957, § 35-170; Laws 1967, ch. 82, § 1; 1997, ch. 44, § 1.

Cross references. —

As to penalty and liability for spreading contagious disease, see §§ 35-4-109 , 35-4-110 .

Editor's notes. —

“This act” apparently refers to Laws 1967, ch. 82 which appears as this section. From the context in which it is used, however, the reference is to this chapter.

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “custody” under 18 USC § 751(a) defining offense of escape from custody, 114 ALR Fed 581.

§ 35-4-106. Vaccination for smallpox; penalty for refusal.

The state department of health may adopt such measures for the general vaccination of the inhabitants of any city, town or county in the state, as they shall deem proper and necessary to prevent the introduction or arrest the progress of smallpox; and every person who shall refuse to be vaccinated, or prevent any person under his care and control from being vaccinated, or who shall fail to present himself or herself to the county health officer or a practicing physician acting under the direction of the department or county health officer, for the purpose of being vaccinated, if such physician believes vaccination necessary, shall upon conviction be fined not more than one hundred dollars ($100.00) or less than ten dollars ($10.00) or imprisoned in the county jail not more than thirty (30) days.

History. Laws 1901, ch. 55, § 13; C.S. 1910, § 2940; C.S. 1920, § 3603; R.S. 1931, § 103-212; C.S. 1945, § 63-118; W.S. 1957, § 35-171; Laws 1991, ch. 221, § 2.

Am. Jur. 2d, ALR and C.J.S. references. —

Power of court or other public agency to order vaccination over parental religious objection, 94 ALR5th 613.

§ 35-4-107. Report required of physician; record of each case to be kept; duty of individuals to report diseases.

1. Pursuant to department of health rules and regulations, the state health officer or his designee shall publish a list of communicable diseases or conditions to be reported by licensed physicians and laboratories in the state. It shall be the duty of every practicing or licensed physician or other health care provider as provided by department rules and regulations in the state of Wyoming to report immediately to the state health officer or his designee in the manner established by department rule and regulation through published reporting procedures provided to each licensed physician or laboratory. The state health officer or his designee shall collect and provide information which may include the name of the person suffering from disease only to the county health officer or health representatives where disease control efforts are required. For purposes of this section, “health representatives” means those health care workers assigned by federal, state or local health authorities to assist with disease control and investigation efforts under the direct supervision of the state health officer or his designee and local county health officer. Any person knowing of a case of a serious contagious or infectious disease, not under the care of a physician, may report the same to the state health officer or his designee or the health officer of the county in which the disease exists.
2. Pursuant to department of health rules and regulations, there may be a review of medical records by the state health officer, his designee or their designated health care representatives who shall be under the direct supervision of the state health officer or his designee to confirm diagnosis, investigate causes or identify other cases of disease conditions in a region, community or workplace in the state to determine if proper measures have been taken to protect public health and safety. Notwithstanding other provisions of state law, the review of records may occur without patient consent, but shall be kept confidential and shall be restricted to information necessary for the control, investigation and prevention of disease conditions dangerous to the public health. Any person who receives medical information under this subsection shall not disclose that information for any other purpose other than for purposes of the investigation and disease control efforts. Any violation of this subsection is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.

History. Laws 1901, ch. 55, § 15; C.S. 1910, § 2942; C.S. 1920, § 3605; Laws 1921, ch. 160, § 7; R.S. 1931, § 103-214; C.S. 1945, § 63-120; W.S. 1957, § 35-172; Laws 1991, ch. 221, § 2; 1997, ch. 132, § 1; 1997, Sp. Sess., ch. 2, § 2.

Cross references. —

As to duty of county health officer to report diseases, see § 35-1-223 .

Law reviews. —

For comment, “An Ounce of Prevention Where There is No Cure: Aids and Public Health in Wyoming,” see XXVII Land & Water L. Rev. 471 (1992).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of doctor or other health practitioner to third party contracting contagious disease from doctor's patient, 3 ALR5th 370.

§ 35-4-108. Penalty for failure to report or for false report.

Any practicing, licensed physician or other person required to report who fails to report to the state health officer or his designee any case of disease in the manner provided in W.S. 35-4-107 , or who willfully makes any false report regarding any case, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), or imprisonment in the county jail not more than six (6) months, or both.

History. Laws 1901, ch. 55, § 16; C.S. 1910, § 2943; C.S. 1920, § 3606; Laws 1921, ch. 160, § 8; R.S. 1931, § 103-215; C.S. 1945, § 63-121; W.S. 1957, § 35-173; Laws 1997, ch. 132, § 1.

Cross references. —

As to penalty for failure to report diseases, see § 35-1-105 .

Repealing clauses. —

Section 24, ch. 55, Laws 1901, repealed R.S. 1899, ch. 8, title 16, division 1.

§ 35-4-109. Spreading contagious disease; prohibited.

Any person who shall knowingly have or use about his premises, or who shall convey or cause to be conveyed into any neighborhood, any clothing, bedding or other substance used by, or in taking care of, any person afflicted with the smallpox or other infectious or contagious disease, or infected thereby, or shall do any other act with intent to, or necessarily tending to the spread of such disease, into any neighborhood or locality, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be fined in any sum not more than five hundred dollars ($500.00), or imprisoned in the county jail not exceeding six (6) months, or by both fine and imprisonment; and the court trying any such offender may also include in any judgment rendered, an order to the effect that the clothing or other property infected be burned or otherwise destroyed, and shall have power to carry such order into effect.

History. C.L. 1876, ch. 33, § 1; R.S. 1887, § 1012; R.S. 1899, § 5112; C.S. 1910, § 5963; C.S. 1920, § 7252; R.S. 1931, § 32-707; C.S. 1945, § 9-709; W.S. 1957, § 35-174.

Cross references. —

As to penalty for breaking quarantine, see § 35-4-105 .

§ 35-4-110. Spreading contagious disease; liability for damages in civil action.

Any person guilty of violating the provisions of W.S. 35-4-109 , in addition to the penalties therein prescribed, shall be liable in a civil action in damages to any and all persons, who may, from that cause, become infected with such contagious disease; said damages shall be so assessed as to include, in addition to other damages, all expenses incurred by reason of such sickness, loss of time and burial expenses; and such action may also be maintained by the representative of any deceased person.

History. C.L. 1876, ch. 33, § 2; R.S. 1887, § 1013; R.S. 1899, § 5113; C.S. 1910, § 5964; C.S. 1920, § 7253; R.S. 1931, § 32-708; C.S. 1945, § 9-710; W.S. 1957, § 35-175.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of doctor or other health practitioner to third party contracting contagious disease from doctor's patient, 3 ALR5th 370.

§ 35-4-111. Reporting of Reye's Syndrome.

Every hospital or local health officer shall immediately report every diagnosed case of Reye’s Syndrome to the state health officer of the department of health.

History. Laws 1979, ch. 2, § 1; 1991, ch. 221, § 2.

§ 35-4-112. Right of appeal of quarantine.

1. Any person who has been quarantined pursuant to this act [this article] may appeal to the district court at any time for release from the quarantine. The court may hold a hearing on the appeal after notice is provided to the state health officer at least seventy-two (72) hours prior to the hearing. After the hearing, if the court finds that the quarantine is not reasonably necessary to protect the public health, it shall order the person released from quarantine. The burden of proof for the need for the quarantine shall be on the state health officer, except that in the case of bona fide scientific or medical uncertainty the court shall give deference to the professional judgment of the state health officer unless the person quarantined proves by a preponderance of the evidence that the quarantine is not reasonably necessary to protect the public health.
2. Any person quarantined shall have the right to communicate by telephone or any other available electronic means, but the state health officer may, in order to protect the public health, deny the quarantined person’s right to meet in person with any person not subject to the quarantine, except that a parent or legal guardian may upon request be quarantined with the minor patient.
3. In the event of a public health emergency of unknown effect, the state health officer may impose a temporary quarantine until there is sufficient information to determine what actions, if any, are reasonably needed to protect the public health.

History. Laws 2003, ch. 83, § 1.

Meaning of “this act.” —

Although the words “this act” were enacted by Laws 2003, ch. 83, § 1, codified as §§ 33-16-111 , 33-16-207 , 33-16-318 , 33-24-155 , 35-1-241 , and 35-4-112 through 35-4-115 , the term was apparently intended to mean “this article.”

§ 35-4-113. Treatment when consent is not available; quarantine.

1. Except as provided by subsection (b) of this section, W.S. 14-4-116 and 21-4-309 , the state health officer shall not subject any person to any vaccination or medical treatment without the consent of the person.
2. During a public health emergency, the state health officer may subject a person to vaccination or medical treatment without consent in the following circumstances:
   1. If the parent, legal guardian or other adult person authorized to consent to medical treatment of a minor child cannot be located and consulted and the vaccination of or medical treatment for the minor child is reasonably needed to protect the public health or protect the minor child from disease, death, disability or suffering;
   2. If the person authorized to consent on behalf of an incompetent person cannot be located and consulted and the vaccination of or medical treatment for the incompetent person is reasonably needed to protect the public health or protect the incompetent person from disease, death, disability or suffering.
3. If a person withholds or refuses consent for himself, a minor or other incompetent when the vaccination or medical treatment is reasonably needed to protect the health of others from a disease carrying the risk of death or disability, then the person for whom the vaccination or medical treatment is refused may be quarantined by the state health officer.

History. Laws 2003, ch. 83, § 1.

Cross references. —

As to exceptions with reference to religion, see § 35-1-201 .

§ 35-4-114. Immunity from liability.

1. During a public health emergency as defined by W.S. 35-4-115(a)(i) and subject to subsection (d) of this section, any health care provider or other person, including a business entity, who in good faith follows the instructions of a state, city, town or county health officer or who acts in good faith in responding to the public health emergency is immune from any liability arising from complying with those instructions or acting in good faith. This immunity shall apply to health care providers who are retired, who have an inactive license or who are licensed in another state without a valid Wyoming license and while performing as a volunteer during a declared public health emergency as defined by W.S. 35-4-115(a)(i). This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.
2. The licensing boards for any health care provider holding a permit or license as a health care provider regulated under title 33 of the Wyoming statutes shall provide by rule and regulations for the temporary licensure of health care providers during a public health emergency as declared by the governor pursuant to W.S. 35-4-115(a)(i). If necessary during a declared public health emergency, the state health officer may issue temporary practice licenses to health care providers who are retired, who have an inactive license or who are licensed in another state without a valid Wyoming license pending action on an application for issuance of a temporary license by the appropriate licensing board pursuant to this subsection.
3. All temporary health care provider licenses issued by the state health officer under subsection (b) of this section shall terminate automatically upon declaration by the governor, pursuant to W.S. 35-4-115(a)(i), that the public health emergency has ended.
4. Any health care provider, person or entity shall be immune from liability for damages in an action involving a COVID-19 liability claim unless the person seeking damages proves that the health care provider, person or entity took actions that constitutes gross negligence or willful or wanton misconduct. Nothing in this subsection shall be construed to limit any other immunity available under law, including the immunity provided in subsection (a) of this section. As used in this subsection, “COVID-19 liability claim” means as defined by W.S. 1-1-141(a)(iii).
5. Any acts or omissions constituting the basis of a COVID-19 liability claim as defined by W.S. 1-1-141(a)(iii) shall be stated with particularity and shall be proven by clear and convincing evidence.

History. Laws 2003, ch. 83, § 1; 2008, ch. 55, § 1; 2020, 1st Sp. Sess., ch. 2, § 1; 2021, ch. 118, § 2.

The 2008 amendment, effective July 1, 2008, in (a) added “as defined by W.S. 35-4-115(a)(i)” and “in responding to the public health emergency” in the first sentence, and added the second sentence; added (b) and (c).

The 2020 amendment, in the first sentence of (a), added “including a business entity,” following “or other person”, substituted “a state, city, town or county health officer or who acts in good faith in responding” for “the state health officer in responding” preceding “to the public health emergency”, and added “or acting in good faith” at the end.

Laws 2020, 1st Sp. Sess., ch. 2, § 7 makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved May 20, 2020.

The 2021 amendment added "and subject to subsection (d) of this section" in the first sentence of (a); and added (d) and (e).

Laws 2021, ch. 118, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

§ 35-4-115. Definitions.

1. As used in this article:
   1. “Public health emergency” means an occurrence or imminent threat of an illness or health condition caused by an epidemic or pandemic disease, a novel and highly fatal infectious agent or a biological toxin that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The governor shall declare when a public health emergency exists or has ended;
   2. “Quarantine” means:
      1. The physical separation and confinement of an individual or group of individuals that has been, or may have been, exposed to, or is reasonably believed to be infected with, a contagious or possibly contagious disease, from nonquarantined individuals, to prevent or limit the transmission of the disease to nonquarantined individuals;
      2. The isolation of a geographic area where individuals are located who have been or are reasonably believed to have been exposed to or infected by a contagious or possibly contagious disease; or
      3. The physical separation and confinement of an individual or group of individuals or the isolation of a geographic area where a public health emergency of unknown effect has occurred or is reasonably believed to have occurred.

History. Laws 2003, ch. 83, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-4-130. Declared contagious and dangerous to health; list of reportable diseases established by department of health; violation of W.S. 35-4-130 through 35-4-134; penalty.

1. Sexually transmitted diseases as included within the list of reportable diseases of the department of health are contagious, infectious, communicable and dangerous to public health.
2. The department of health shall by rule and regulation develop a list of reportable sexually transmitted diseases including all venereal diseases and acquired immune deficiency syndrome. The list shall be available to all physicians, health officers, hospitals and other health care providers and facilities within the state.
3. Any person violating W.S. 35-4-130 through 35-4-134 or failing or refusing to comply with any order lawfully issued under W.S. 35-4-130 through 35-4-134 is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

History. Laws 1921, ch. 160, § 22; R.S. 1931, § 103-233; C.S. 1945, § 63-138; W.S. 1957, § 35-176; Laws 1973, ch. 134, § 2; 1989, ch. 218, § 1; 1991, ch. 221, § 2.

Cross references. —

As to authority to make rules and regulations concerning the control of venereal diseases, see § 35-1-229 .

Law reviews. —

For comment, “An Ounce of Prevention Where There is No Cure: AIDS and Public Health in Wyoming,” see XXVII Land & Water L. Rev. 471 (1992).

Am. Jur. 2d, ALR and C.J.S. references. —

Tort liability for infliction of venereal disease, 40 ALR4th 1089.

State statutes or regulations expressly governing disclosure of fact that person has tested positive for human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), 12 ALR5th 149.

Transmission or risk of transmission of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) as basis for prosecution or sentencing in criminal or military discipline case, 13 ALR5th 628.

§ 35-4-131. Consent of minors to treatment; treatment of infected or exposed persons; immunity from liability.

1. Persons under eighteen (18) years of age may give legal consent for examination and treatment for any sexually transmitted disease infection.
2. For the protection of public health, a physician, health officer or other person or facility providing health care in accordance with state or federal law shall for any individual regardless of age, sex, race or color:
   1. If reasonably suspected of being infected with any sexually transmitted disease, administer, refer for or recommend appropriate and adequate treatment;
   2. If exposed to any sexually transmitted disease, recommend or offer treatment.
3. Physical examination and treatment by a licensed physician or other qualified health care provider of a person under eighteen (18) years of age consenting to examination or treatment is not an assault or an assault and battery upon that person.

History. Laws 1973, ch. 134, § 1; W.S. 1957, § 35-176.1; Laws 1989, ch. 218, § 1; 1993, ch. 1, § 1.

Statute does not require that HIV victims be informed of their status. —

Because Wyoming's reporting statutes are primarily intended to protect the general public, and not Human Immunodeficiency Virus (HIV) victims, the laboratory did not commit negligence per se by not informing plaintiffs of their HIV status. Pehle v. Farm Bureau Life Ins. Co., 397 F.3d 897, 2005 U.S. App. LEXIS 2051 (10th Cir. Wyo. 2005).

Am. Jur. 2d, ALR and C.J.S. references. —

Medical practitioner's liability for treatment given child without parent's consent, 67 ALR4th 511.

Damage action for HIV testing without consent of person tested, 77 ALR5th 541.

§ 35-4-132. Report required of health care providers, facilities and laboratories; notification; confidentiality of information.

1. A physician or other health care provider diagnosing or treating a case of sexually transmitted disease, the administrator of a hospital, dispensary, charitable or penal institution or any other health care facility in which there is a case of sexually transmitted disease and the administrator or operator of a laboratory performing a positive laboratory test for sexually transmitted disease shall report the diagnosis, case or positive test results to both the department of health and the appropriate health officer in a form and manner directed by the department. Health care providers and facilities shall cooperate with and assist the department and health officers in preventing the spread of sexually transmitted disease.
2. The department of health shall compile the number of reported cases within the state.
3. Any physician or other health care provider and any administrator or operator of a health care facility or laboratory reporting a diagnosis, case or positive test result pursuant to subsection (a) of this section shall notify any health care professional and health care employee reasonably expected to be at risk of exposure to a dangerous or life-threatening sexually transmitted disease and involved in the supervision, care and treatment of an individual infected or reasonably suspected of being infected with a dangerous or life-threatening sexually transmitted disease.
4. Information and records relating to a known or suspected case of sexually transmitted disease which has been reported, acquired and maintained under W.S. 35-4-130 through 35-4-134 are confidential and except as otherwise required by law, shall not be disclosed unless the disclosure is:
   1. For statistical purposes, provided that the identity of the individual with the known or suspected case is protected;
   2. Necessary for the administration and enforcement of W.S. 35-4-130 through 35-4-134 and department rules and regulations related to the control and treatment of sexually transmitted diseases;
   3. Made with the written consent of the individual identified within the information or records; or
   4. For notification of health care professionals and health care employees pursuant to subsection (c) of this section as necessary to protect life and health.

History. Laws 1921, ch. 160, § 23; R.S. 1931, § 103-234, C.S. 1945, § 63-139; W.S. 1957, § 35-177; Laws 1965, ch. 37, § 1; 1989, ch. 218, § 1; 1991, ch. 221, § 2; 1992, ch. 37, § 1.

Cross references. —

As to penalty for failure to report diseases, see § 35-1-105 .

HIV reports. —

Because Wyoming's reporting statutes are primarily intended to protect the general public, and not Human Immunodeficiency Virus (HIV) victims, the laboratory did not commit negligence per se by not informing plaintiffs of their HIV status. Pehle v. Farm Bureau Life Ins. Co., 397 F.3d 897, 2005 U.S. App. LEXIS 2051 (10th Cir. Wyo. 2005).

Law reviews. —

For comment, “An Ounce of Prevention Where There is No Cure: AIDS and Public Health in Wyoming,” see XXVII Land & Water L. Rev. 471 (1992).

§ 35-4-133. Examination and treatment of infected persons; treatment at public expense; notification of exposed individuals; suppression of prostitution.

1. Upon receipt of a report or notice of a case or a reasonably suspected case of sexually transmitted disease infection, a health officer within his respective jurisdiction:
   1. May isolate the individual in accordance with existing standards of medical practice;
   2. If examination has not been performed, may provide for the examination of the infected individual or the individual reasonably suspected of suffering from a sexually transmitted disease and shall report the examination results to the individual;
   3. May require the infected individual to seek adequate treatment or, subject to subsection (d) of this section, may require the individual to submit to treatment at public expense; and
   4. May arrange for education and counseling of the infected individual as to the medical significance of the sexually transmitted disease.
2. To the extent possible, the health officer shall identify any other person with whom the infected individual has had contact which may have resulted in significant exposure of that person to a dangerous or life-threatening sexually transmitted disease. For purposes of this subsection, “significant exposure” means:
   1. Contact of an emergency medical services provider’s broken skin or mucous membrane with the infected individual’s blood or bodily fluids other than tears or perspiration;
   2. That a needle stick, or scalpel or other instrument wound has occurred in the process of caring for the infected individual;
   3. Sexual contact;
   4. Exposure that occurs by any other method of transmission defined by the department as a significant exposure; or
   5. Exposure that occurs during the course of examination or treatment by dental care providers.
3. To the extent possible, a health officer shall make every reasonable effort to notify any person identified in subsection (b) of this section of his possible exposure to a sexually transmitted disease. Such notification shall include the name of the sexually transmitted disease to which the person may have been exposed, the approximate date of possible exposure, and shall advise the person of the nature of the disease and sources for education and counseling as to the medical significance of the disease. The health officer shall not provide information as to the specific identity of the infected individual unless the health officer has received written authorization for release of information from the infected individual.
4. Public funds appropriated for treatment of any individual infected with a sexually transmitted disease shall be spent in accordance with priorities established by the department of health. In establishing priorities, the department shall consider the treatment’s cost, effectiveness, curative capacity and public health benefit to the state.
5. A health officer shall investigate sources of sexually transmitted disease, cooperate with the proper law enforcement officials in enforcing laws against prostitution and otherwise assist in the suppression of prostitution.
6. Upon receipt of information documenting an actual exposure of a health care worker as provided in paragraphs (b)(i) and (ii) of this section to blood or body fluids of a patient where the exposure could lead to a communicable disease infection which is capable of transmission by blood or other body fluids, a health care provider acting within his scope of practice may order appropriate testing to be performed on a specimen from the patient by a duly licensed and accredited laboratory. If the patient’s specimen is not available for testing, a health care provider acting within his scope of practice, or county health officer may, with the patient’s consent, order the necessary testing according to the rules and regulations promulgated by the Wyoming department of health. If the patient does not consent to testing, the county health officer or the authority responsible for the care of the patient may apply to the district court for an order to have the necessary testing performed. Test results will be kept confidential and will be reported by the health care provider in accordance with W.S. 35-4-130 through 35-4-134 . Reports to the department of health shall be made on an official state disease case report form or the report may be made by telephone with confirmation by the written form. For purposes of this section, “health care worker” means all personnel involved in the care of a patient, including first responders, such as law enforcement officers, rescue personnel and those acting as good samaritans.

History. Laws 1921, ch. 160, § 24; R.S. 1931, § 103-235; C.S. 1945, § 63-140; W.S. 1957, § 35-178; Laws 1989, ch. 218, § 1; 1991, ch. 221, § 2; 1992, ch. 37, § 1; ch. 75, § 1.

Cross references. —

As to quarantine for venereal disease, see § 35-4-104 .

Am. Jur. 2d, ALR and C.J.S. references. —

Police power as authorizing legislation requiring arrested person to submit to physical examination for control of venereal disease, 25 ALR2d 1407.

Transmission or risk of transmission of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) as basis for prosecution or sentencing in criminal or military discipline case, 13 ALR5th 628.

Damage action for HIV testing without consent of person tested, 77 ALR5th 541.

Validity and propriety under circumstances, of court-ordered HIV testing, 87 ALR5th 631.

§ 35-4-134. Examination and treatment of prisoners.

1. Any individual confined or imprisoned in any state penal institution, county or city jail or any community correctional facility shall be examined for sexually transmitted diseases by the appropriate health officer or his qualified designee.
2. To suppress the spread of sexually transmitted disease among the confined population, the health officer or his qualified designee may:
   1. Isolate prisoners infected with a treatable illness within the facility and require them to report for treatment by a licensed physician; or
   2. In the case of an individual infected with a noncurable sexually transmitted disease, provide for the minimum care and treatment of the individual pursuant to rules promulgated by the department of health with the advice of the department of corrections.
3. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of a crime.

History. Laws 1921, ch. 160, § 25; R.S. 1931, § 103-236; C.S. 1945, § 63-141; W.S. 1957, § 35-179; Laws 1989, ch. 218, § 1; 1991, ch. 221, § 2; 1992, ch. 25, § 3.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and propriety under circumstances, of court-ordered HIV testing, 87 ALR5th 631.

Federal constitutional and statutory claims by HIV-positive inmates as to medical treatment or conditions of confinement, 162 ALR Fed 181.

§§ 35-4-135 through 35-4-137. [Repealed.]

Repealed by Laws 1989, ch. 218, § 2.

Cross references. —

As to sexually transmitted diseases, see §§ 35-4-130 through 35-4-134 .

Editor's notes. —

These sections, which derived from Laws 1921, ch. 118, §§ 18, 19 and 21, related to the advertisement, manufacture, sale or display of cures for venereal diseases.

§ 35-4-138. Introduction of solution in eyes of newborn child by attending physician.

It shall be the duty of every practicing or licensed physician in the state of Wyoming, when attending the birth of a child, to introduce or cause to be introduced into the eyes of the newborn infant a stable solution or ointment of a broad spectrum antibiotic as prescribed by the state department of health. Provided, that this section shall not apply in cases where the parents are religiously opposed to the use of drugs and so inform the attending physician.

History. Laws 1921, ch. 160, § 14; R.S. 1931, § 103-225; C.S. 1945, § 63-130; Laws 1957, ch. 20, § 1; W.S. 1957, § 35-183; Laws 1991, ch. 221, § 2.

Cross references. —

For religious exception to required medical treatment, see § 35-1-201 .

As to serological test of pregnant women, see §§ 35-4-501 to 35-4-505 .

§ 35-4-139. Childhood immunizations.

The department of health through rule and regulation shall develop and implement a program to provide vaccines for all children of Wyoming residents who are not federally vaccine eligible children as defined in 42 U.S.C. § 1396s(b)(2) or subsequent similar federal enactment. Vaccines provided pursuant to this section shall include those determined to be necessary for the healthy development of children and prescribed in rules and regulations of the department based on recommendations from an advisory group which the department director shall appoint consisting of a representative of an organization representing physicians licensed in Wyoming, at least one (1) pediatric physician licensed in Wyoming and at least one (1) family physician licensed in Wyoming.

History. Laws 2006, ch. 65, § 1.

Editor's notes. —

Laws 2006, ch. 65, § 2 provides: “The department of health shall report to the joint labor, health and social services interim committee on the vaccination program required by this act on or before October 1, 2006 and again on or before October 1, 2007.”

Appropriations. —

Laws 2006, ch. 65, § 3, provides:

“Five million dollars ($5,000,000.00) is appropriated from the general fund to the department of health for the biennium commencing July 1, 2006 to implement this act.”

Effective dates. —

Laws 2006, ch. 65, § 4, makes the act effective July 1, 2006.

§ 35-4-201. Department of health to cooperate with municipal authorities, corporations and persons as to water, drainage and sewage; definitions of “drainage” and “sewage”.

The department shall consult with and advise the authorities of cities and towns and persons having or about to have systems of water supply, drainage and sewage as to the most appropriate source of water supply and the best method assuring its purity or as to the best method of disposing of their drainage or sewage with reference to the existing and future needs of other cities, towns or persons which may be affected thereby. It shall also consult with and advise all corporations, companies or persons engaged or intending to engage in any manufacturing or other business whose drainage or sewage may tend to pollute any inland water as to the best method of preventing such pollution, and it may conduct experiments to determine the best methods of the purification or disposal of drainage or sewage. Cities, towns and all other corporations, companies or persons shall submit to the department for its advice and approval their proposed system of water supply or of the disposal of drainage or sewage, and no city, town or persons or company shall proceed to build or install or enlarge or extend any system of water supply, drainage or sewage disposal, without first obtaining the approval of the state department of health. In this section the term “drainage” means rainfall, surface and subsoil water only, and “sewage” means domestic and industrial filth and waste.

History. Laws 1923, ch. 92, § 4; R.S. 1931, § 103-247; C.S. 1945, § 64-204; W.S. 1957, § 35-187; Laws 1991, ch. 221, § 2.

Cross references. —

For constitutional provision relating to construction or improvement of works for conservation or utilization of water, see art. 16, § 10, Wyo. Const.

For provisions concerning drainage districts, see §§ 41-9-101 to 41-9-606 .

For Water and Sewer District Law, see §§ 41-10-101 to 41-10-157 .

As to storage of water for industrial and municipal uses, see §§ 41-14-101 to 41-14-103 .

§ 35-4-202. Contamination of streams by sawmills, mining operations, or other manufacturing or industrial works prohibited; penalty; exceptions; special permits.

Any owner or owners of any sawmill, reduction works, smelter, milling, refining or concentration works, or other manufacturing or industrial works, or any agent, servant or employee thereof, or any person or persons whomsoever, who shall throw or deposit in, or in any way permit to pass into any natural stream or lake within the state, wherein are living fish, any sawdust, chemicals, mill-tailing, or other refuse matter of deleterious substance or poisons of any kind or character whatsoever, that will or may tend to the destruction or driving away from such waters any fish, or kill or destroy any fish therein, or that will or may tend to pollute, contaminate, render impure or unfit for domestic, irrigation, stock or other purposes for which appropriated and used, the waters of any such natural streams or lake, or that will or may tend to obstruct, fill in or otherwise interfere with the flow, channel or condition of such streams, lake or waters, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) or more than one hundred dollars ($100.00) or shall be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment for each offense; and where any of the foregoing unlawful acts are committed continuously, each of the days upon which committed shall be treated and considered as a separate and distinct offense; provided, that nothing in this section or W.S. 23-3-204 shall apply to the slag from smelter furnaces; provided further, that nothing in this section nor in any of the other laws of this state shall prevent the owner or owners of any mill, concentration works, reduction works or tailings pond or basin used in connection therewith, in this state, now or hereafter to be located upon any natural stream, or lake, from operating said mill, concentration works, reduction works or tailings pond or basin used in connection therewith, where the said owner or owners thereof shall build or cause to be built a dam or dams for settling purposes; provided however that before any dam or dams shall be built for any such purposes, the director of the state department of health, the director of the state game and fish department and the state engineer, acting as a joint committee and each member casting a vote of his department, shall review such plans and according to their findings shall approve or disapprove such plans for preventing any deleterious substances from entering any waters beyond the project area; provided, that whenever a majority of the landowners on any irrigation stream shall petition the director of the state game and fish department to allow sawdust to be put in any stream that does not reach a main body of water or living stream he shall have the power to grant such permits.

History. Laws 1921, ch. 83, § 98; R.S. 1931, § 49-200; C.S. 1945, § 47-507; Laws 1957, ch. 82, § 1; W.S. 1957, § 35-196; Laws 1991, ch. 221, § 2; 2012, ch. 84, § 103.

The 2012 amendment, effective July 1, 2012, substituted “director of the state game and fish department” for “state game and fish commissioner” throughout the section.

Editor's notes. —

The game and fish commissioner has been replaced by the director of the game and fish department. See §§ 23-1-401 to 23-1-405 .

Am. Jur. 2d, ALR and C.J.S. references. —

Liability, under § 311(i) of Federal Water Pollution Control Act (33 USC § 1321(i)), of United States to owner or operator of onshore or offshore facility, or vessel, for removal costs of oil or hazardous substance, 59 ALR Fed 282.

§ 35-4-220. Definitions.

1. The following words as used in this act [§§ 35-4-220 through 35-4-223 ], unless a different meaning is required by the context or is specifically prescribed, shall have the following meaning:
   1. “Service connection” shall mean and include any water line or pipe connected to a distribution supply main or pipe for the purpose of conveying water to a building or dwelling;
   2. “Sanitary public water supply” shall mean and include any water supply being distributed by ten (10) or more service connections, such connections being utilized to furnish water for human consumption either in preparing foods or beverages for inhabitants of residences or business establishments;
   3. “United States public health service drinking water standards” shall mean and include the standards prescribed by the United States public health service for the quality of water on interstate carriers, provided further that the section of these standards pertaining to physical and chemical characteristics of water shall not be included in these standards for the purpose of this act.

History. Laws 1957, ch. 222, § 1; W.S. 1957, § 35-197.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-4-221. Periodical bacteriological analysis of water required.

1. It shall be the duty and responsibility of any public or private utility engaged in the development, storage and distribution of a sanitary public water supply to provide for the safety and purity of such supply to every service connection and to collect samples of such water for bacteriological analysis at least once monthly or oftener as required by the state board of health. Such collection shall be made in special containers furnished for this purpose by the state health department division of laboratories and shall be returned to this laboratory for examination. Such examination and reporting of results shall comply with the procedures outlined in the United States public health service drinking water standards. The results of such analysis shall be reported to the owners or persons responsible for the operation of the sanitary public water supply.
2. When the water from such water supply has been determined by laboratory examination, inspection and report of the state department of health to be unsafe for human consumption as determined by the United States public health service drinking water standards, the owners or persons responsible for the operation of such water supply shall take immediate action to correct sanitary defects, improve operation, provide necessary water treatment, or make any other changes or additions necessary to provide assuredly safe water.

History. Laws 1957, ch. 222, § 2; W.S. 1957, § 35-198; Laws 1991, ch. 221, § 2.

Cross references. —

As to inspection of water supply generally, see § 35-1-225 .

Editor's notes. —

The division of laboratories of the state health department no longer exists. See § 9-2-101 .

§ 35-4-222. Notice of danger to health.

Whenever, in the opinion of the state department of health, investigations indicate that the water from a water supply as described in this act [§§ 35-4-220 through 35-4-223 ] would endanger the health of the water consumers, the department shall give written notice to the owners or persons responsible for the operation of such sanitary public water supply, specifying the cause of the danger to the health of the water consumers.

History. Laws 1957, ch. 222, § 3; W.S. 1957, § 35-199; Laws 1991, ch. 221, § 2.

§ 35-4-223. Liability for damages.

Compliance with the requirements of this act [§§ 35-4-220 through 35-4-223 ] shall in no way release the owners or persons responsible for the operation of a sanitary public water supply from any liability for damage to persons or property caused by or resulting from the installation, operation or maintenance of a sanitary public water supply.

History. Laws 1957, ch. 222, § 4; W.S. 1957, § 35-200.

§ 35-4-224. Standards for mobile home parks eliminated.

The department of health has no authority to regulate, or to promulgate or enforce rules, regulations or standards regulating the design and construction of sewerage and water facilities within a mobile home park. This does not preclude the department from promulgating and enforcing rules and regulations or standards regulating the health of persons within a mobile home park and inspecting sewerage and water facilities within a mobile home park upon completion of the construction of such facilities.

History. Laws 1981, ch. 146, § 1; 1991, ch. 221, § 2.

§§ 35-4-301 through 35-4-303. [Repealed.]

Repealed by Laws 1993, ch. 59, § 1.

Editor's notes. —

These sections, which derived from Laws 1953, ch. 61, §§ 1 through 3, related to radioactive isotopes or material.

§§ 35-4-401 through 35-4-403. [Repealed.]

Repealed by Laws 2012, ch. 84, § 104.

Editor's notes. —

These sections, which derived from Laws 1923, ch. 32, §§ 1 and 2, related to federal maternity benefits.

Laws 2012, ch. 84, § 401, makes the act effective July 1, 2012.

§ 35-4-501. Definition of standard serological test; cost.

For the purposes of this act [§§ 35-4-501 through 35-4-505 ], a standard serological test shall be a test for syphilis approved by the state department of health, and shall be performed in a laboratory approved by the state department of health. Such laboratory tests as are required by this act shall be performed on request without charge at the state department of health laboratory.

History. Laws 1941, ch. 72, § 2; C.S. 1945, § 63-402; W.S. 1957, § 35-207; Laws 1991, ch. 221, § 2.

§ 35-4-502. Duty of attending physician.

Every physician licensed to practice medicine attending a pregnant woman in the state for conditions relating to her pregnancy during the period of gestation or at delivery shall take, or cause to be taken, a sample of blood of such woman at the time of her first professional visit or within ten (10) days thereafter. The blood specimen thus obtained shall be submitted to an approved laboratory for a standard serological test for syphilis. Every other person permitted by law to attend pregnant women in the state but not permitted by law to take blood samples, shall cause a sample of blood of such pregnant women to be taken by a physician duly licensed to practice medicine and have such sample submitted to an approved laboratory for a standard serological test for syphilis.

History. Laws 1941, ch. 72, § 1; C.S. 1945, § 63-401; W.S. 1957, § 35-208.

Cross references. —

As to duty to introduce solution into eyes of newborn infants, see § 35-4-138 .

§ 35-4-503. Report of birth; statement as to blood test.

In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed, and the approximate date when the specimen was taken. In no event shall the birth certificate state the result of the test.

History. Laws 1941, ch. 72, § 3; C.S. 1945, § 63-403; W.S. 1957, § 35-209.

Cross references. —

As to stillbirth registration, see § 35-1-419 .

§ 35-4-504. Penalty.

Any licensed physician and surgeon, or other person, engaged in attendance upon a pregnant woman during the period of gestation and/or at delivery, or any representative of a laboratory who violates the provisions of this act [§§ 35-4-501 through 35-4-505 ] shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed one hundred dollars ($100.00); provided, however, every licensed physician and surgeon or other person engaged in attendance upon a pregnant woman during the period of gestation or at delivery, who requests such specimen in accordance with the provisions of W.S. 35-4-502 , and whose request is refused, shall not be guilty of a misdemeanor.

History. Laws 1941, ch. 72, § 4; C.S. 1945, § 63-404; W.S. 1957, § 35-210.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for incorrectly diagnosing existence or nature of pregnancy, 2 ALR5th 769.

§ 35-4-505. Enforcement.

The district attorneys for the several counties in the state shall prosecute for violation of this act [§§ 35-4-501 through 35-4-505 ] as for other crimes and misdemeanors.

History. Laws 1941, ch. 72, § 5; C.S. 1945, § 63-405; W.S. 1957, § 35-211; Laws 1981, Sp. Sess., ch. 22, § 1.

Repealing clauses. —

Section 6, ch. 72, Laws 1941, repealed all laws and parts of laws in conflict therewith.

§ 35-4-601. Delivery of unclaimed bodies for anatomical study.

Any member of the following boards or officers to-wit: The board of health of any city, town or county in the state; the mayor or common council of any city, and the officers or board having direction or control of any almshouse, prison hospital, house of correction or jail, in the state, shall, when so requested, surrender the dead bodies of such persons as may be required to be buried at the public expense, to any regularly licensed physician or dentist or medical college in the state or to a person certified by a state or local law enforcement agency to train search and rescue animals, in accordance with such rules as may be prescribed by the state department of health; such bodies to be used by said physician, dentist, medical college or person, for the advancement of anatomical science or the training of search and rescue animals; preference being given to the faculty of any legally organized state medical college or school of anatomy, for their use in the instruction of medical students; provided that in no case shall the faculties or other officers of such medical college or school of anatomy require or receive from any medical student or students, for such body so furnished therein, any sum of money in excess of the actual cost of procuring the same.

History. Laws 1917, ch. 37, § 1; C.S. 1920, § 3619; R.S. 1931, § 55-101; C.S. 1945, § 63-801; W.S. 1957, § 35-212; Laws 1991, ch. 221, § 2; 2011, ch. 93, § 1.

Cross references. —

As to use of dead human bodies by embalming schools, see § 33-16-107 .

The 2011 amendment, provided for use of human remains by persons certified to train search and rescue animals.

Laws 2011, ch. 93, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Am. Jur. 2d, ALR and C.J.S. references. —

Dead bodies: liability for improper manner of reinterment, 53 ALR4th 394.

§ 35-4-602. Exceptions as to certain bodies.

1. No such body shall in any case be surrendered if:
   1. The deceased in his or her last illness requested to be not dissected; or
   2. If within forty-eight (48) hours after his or her death, any person of kindred or a friend of the deceased shall request the body for burial; or
   3. If such deceased was a stranger or a traveler who died suddenly before making himself or herself known; or
   4. If such deceased person was honorably discharged from any arm of the military or naval service of the United States.

History. Laws 1917, ch. 37, § 2; C.S. 1920, § 3620; R.S. 1931, § 55-102; C.S. 1945, § 63-802; W.S. 1957, § 35-213.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-4-603. Restriction upon use of bodies; bond required of applicant; prohibited acts.

It shall not be lawful for any person so receiving dead bodies to use the same, except for the prosecution of anatomical science or the training of search and rescue animals, or elsewhere than in this state; and the state department of health in its rules and regulations in regard to the distribution of the same, may require each applicant to furnish a good and sufficient bond that the provisions of this act [§§ 35-4-601 through 35-4-607 ] will be observed. Whosoever shall use said body for any other purpose, or shall remove the same beyond the limits of the state, or whosoever shall traffic, trade or deal with said bodies for a commercial purpose shall be deemed guilty of a misdemeanor and shall be fined, on conviction, not less than one hundred dollars ($100.00) and be imprisoned in the county jail for a period of not less than thirty (30) days or more than one (1) year; the fine accruing from said conviction to be paid to the school fund of the county, wherein such offense was committed.

History. Laws 1917, ch. 37, § 3; C.S. 1920, § 3621; R.S. 1931, § 55-103; C.S. 1945, § 63-803; W.S. 1957, § 35-214; Laws 1991, ch. 221, § 2; 2011, ch. 93, § 1.

Cross references. —

As to penalty for molesting graves or stealing or mutilating human bodies, see §§ 6-4-501 , 6-4-502 .

The 2011 amendment, added “or the training of search and rescue animals.”

Laws 2011, ch. 93, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

§ 35-4-604. Penalty for refusing to deliver body.

Any officer refusing to deliver the remains or dead body of the deceased person, when demanded in accordance with the provisions of this act [§§ 35-4-601 through 35-4-607 ] and the rules and regulations set forth by the state department of health, shall pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00); such penalties to be sued for by the department of health as the case may be.

History. Laws 1917, ch. 37, § 4; C.S. 1920, § 3622; R.S. 1931, § 55-104; C.S. 1945, § 63-804; W.S. 1957, § 35-216; Laws 1991, ch. 221, § 2.

§ 35-4-605. Burial or cremation after use.

It shall be the duty of all parties, who may secure dead bodies under provisions of this act [§§ 35-4-601 through 35-4-607 ], to bury the same decently in some public cemetery within a reasonable time after dissection or use, or cremate the same or make such other disposition as may be prescribed by the state department of health. For any violation of this provision, the party or parties so neglecting shall on conviction, forfeit or pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00), or be imprisoned in the county jail not less than six (6) months nor more than twelve (12) months or both, at the discretion of the court; such penalties to be sued for by the school officers or anyone interested therein, for the benefit of the school fund of the county in which the offense shall have been committed.

History. Laws 1917, ch. 37, § 5; C.S. 1920, § 3623; R.S. 1931, § 55-105; C.S. 1945, § 63-805; W.S. 1957, § 35-216; Laws 1991, ch. 221, § 2; 2011, ch. 93, § 1.

The 2011 amendment, added “or use” after “time after dissection.”

Laws 2011, ch. 93, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of statutes making it a criminal offense to mistreat or wrongfully dispose of dead body, 81 ALR3d 1071.

Homicide: cremation of victim's body as violation of accused's rights, 70 ALR4th 1091.

§ 35-4-606. Rules and regulations.

The state department of health shall, within thirty (30) days after passage of this act [§§ 35-4-601 through 35-4-607 ], promulgate rules and regulations as called for by W.S. 35-4-601 .

History. Laws 1917, ch. 37, § 6; C.S. 1920, § 3624; R.S. 1931, § 55-106; C.S. 1945, § 63-806; W.S. 1957, § 35-217; Laws 1991, ch. 221, § 2.

§ 35-4-607. Who may have bodies in possession.

Any regularly licensed physician or dentist of the state, any medical student who is a regular matriculate of a recognized medical college, under authority of such physician, any person certified by a state or local law enforcement agency to train search and rescue animals or any person authorized by the Revised Uniform Anatomical Gift Act may have in his possession human dead bodies, or parts thereof, lawfully obtained, for the purpose of anatomical inquiry or dissection or for training of search and rescue animals.

History. Laws 1917, ch. 37, § 7; C.S. 1920, § 3625; R.S. 1931, § 55-107; C.S. 1945, § 63-807; W.S. 1957, § 35-218; Laws 2009, ch. 97, § 2; 2011, ch. 93, § 1.

Cross references. —

As to use of dead human bodies by embalming schools, see § 33-16-107 .

The 2009 amendment, effective July 1, 2009, inserted “or any person authorized by the Revised Uniform Anatomical Gift Act.”

The 2011 amendment, provided for use of human remains by persons certified to train search and rescue animals.

Laws 2011, ch. 93, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Repealing clauses. —

Section 8, ch. 37, Laws 1917, repealed all laws and parts of laws in conflict therewith.

§ 35-4-801. Screening required for detection of genetic and metabolic diseases and hearing defects in newborn children; conduct of screening; exceptions; fees.

1. Every child born in the state of Wyoming shall be given medical examinations for detection of remedial inborn errors of metabolism, major hearing defects and any other metabolic or genetic diseases as determined by the committee established by subsection (b) of this section. The screening shall be conducted in accordance with accepted medical practices and in the manner prescribed in rule by the state department of health.
2. The specific tests to be done shall be determined by a committee consisting of the following:
   1. The state health officer in the department of health;
   2. The president of the Wyoming state medical society;
   3. A member designated by the Wyoming state pediatric society;
   4. A member who is a board-certified obstetrician/gynecologist.
3. Informed consent of parents shall be obtained and if any parent or guardian of a child objects to a mandatory examination the child is exempt from subsection (a) of this section. The department of health shall provide educational information to healthcare providers for distribution to the parent containing information on the testing procedures, the diseases being screened and the consequences of screening or nonscreening.
4. Following consultation with the committee described in subsection (b) of this section, the department of health may provide by rule and regulation for the assessment of a fee, payable to the department, to cover the reasonable cost of the screenings required by this section. Fees collected pursuant to this subsection shall be deposited into a separate account and are continuously appropriated to the department of health for purposes of the newborn screening program required by this section.

History. Laws 1980, ch. 36, § 1; 1991, ch. 221, § 2; 1999, ch. 19, § 1; 2007, ch. 198, § 1; 2009, ch. 81, § 1; 2016, ch. 37, § 1.

The 2007 amendment, effective July 1, 2007, added (d).

The 2009 amendment, effective July 1, 2009, in (a) deleted “and for detection of” preceding “major hearing” and added “and any other metabolic or genetic diseases pursuant to subsection (b) of this section” in the first sentence, added the second sentence in (c), and deleted “metabolic and hearing” preceding “screenings required” in (d).

The 2016 amendment, effective July 1, 2016, in (a), deleted “within three (3) to five (5) days for full term children and five (5) to eight (8) days for premature children following birth unless a different time period is medically indicated,” following “state of Wyoming”, substituted “as determined by the committee established by” for “pursuant to” and inserted “in rule” following “manner prescribed”; and rewrote former (b)(iv) which read: “A member designated by the Wyoming obstetric/gynecological society.”

§ 35-4-802. Rules and regulations.

1. The state department of health shall make all rules and regulations necessary for:
   1. Dissemination of the provisions of W.S. 35-4-801 to all hospitals and physicians within the state; and
   2. Implementation of W.S. 35-4-801 , as amended.

History. Laws 1980, ch. 36, § 1; 1991, ch. 221, § 2; 1999, ch. 19, § 1; 2009, ch. 81, § 1.

The 2009 amendment, effective July 1, 2009, in (a)(ii) deleted “not later than July 1, 1999” following “amended.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-4-901. Short title.

This article may be cited as the “Emergency Administration of Opiate Antagonist Act.”

History. Laws 2017, ch. 136, § 1.

Effective date. —

Laws 2017, ch. 136, § 2, makes the act effective July 1, 2017.

§ 35-4-902. Definitions.

1. As used in this article:
   1. “Opiate antagonist” means naloxone hydrochloride, narcan or any other brand name used for naloxone hydrochloride approved by the United States food and drug administration for the treatment of an opiate related drug overdose;
   2. “Opiate related drug overdose” means a condition, including extreme physical illness, a decreased level of consciousness or respiratory depression resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, that a reasonable person would believe to require medical assistance;
   3. “Pharmacist” means any person licensed under Wyoming statutes as a pharmacist and who is practicing within the scope of their license;
   4. “Practitioner” means any person licensed under Wyoming statutes as a physician, physician assistant or advanced practice registered nurse and who is practicing within the scope of their license;
   5. “Standing order” means an order transmitted electronically or in writing by a practitioner for a drug or device for a patient or multiple patients with whom no prescriber-patient relationship exists;
   6. “Entity” means any person as defined  in W.S. 8-1-102(a)(vi) who employs persons who, in the course of their official duties or business, may encounter a person experiencing an opioid related drug overdose;
   7. “Opioid” means an opiumlike compound that binds to one (1) or more of the major opioid receptors in the body.

History. Laws 2017, ch. 136, § 1; 2019, ch. 103, § 1.

Effective date. —

Laws 2017, ch. 136, § 2, makes the act effective July 1, 2017.

§ 35-4-903. Prescription of opiate antagonist.

1. A practitioner or a pharmacist acting in good faith and exercising reasonable care may, without a prescriber-patient relationship, prescribe an opiate antagonist to:
   1. A person at risk of experiencing an opiate related drug overdose;
   2. A person in a position to assist a person at risk of experiencing an opiate related drug overdose;
   3. A person who, in the course of the person’s official duties or business, may encounter a person experiencing an opiate related drug overdose.
2. A practitioner or pharmacist who prescribes an opiate antagonist under this article shall provide education to the person to whom the opiate antagonist is prescribed, which shall include written instruction on how to:
   1. Recognize an opiate related drug overdose;
   2. Respond appropriately to an opiate related drug overdose event, including how to administer an opiate antagonist;
   3. Ensure that a person to whom an opiate antagonist has been administered receives, as soon as possible, additional medical care and a medical evaluation.

History. Laws 2017, ch. 136, § 1.

Effective date. —

Laws 2017, ch. 136, § 2, makes the act effective July 1, 2017.

§ 35-4-904. Standing order for opiate antagonist; drug overdose treatment policy; rules.

1. A practitioner acting in good faith and exercising reasonable care may prescribe by a standing order an opiate antagonist to an entity that, in the course of the entity’s official duties or business, may be in a position to assist a person experiencing an opiate related drug overdose.
2. An entity prescribed an opiate antagonist by standing order shall establish a drug overdose treatment policy in accordance with rules adopted by the department of health. The drug overdose treatment policy shall:
   1. Provide for the designation of individuals to receive training and instructional materials on how to recognize and respond to an opiate related drug overdose and ensure that a person to whom an opiate antagonist has been administered receives additional medical care and a medical evaluation;
   2. Provide for reporting to the department of health, in the manner and form prescribed by the department, all opiate related drug overdoses for which an opiate antagonist is administered.
3. The Wyoming state board of medicine and the Wyoming state board of nursing may adopt rules as necessary to implement and administer prescription of an opiate antagonist by a standing order.

History. Laws 2017, ch. 136, § 1.

Effective date. —

Laws 2017, ch. 136, § 2, makes the act effective July 1, 2017.

§ 35-4-905. Voluntary participation.

This article does not establish a duty or standard of care for a person to prescribe or administer an opiate antagonist.

History. Laws 2017, ch. 136, § 1.

Effective date. —

Laws 2017, ch. 136, § 2, makes the act effective July 1, 2017.

§ 35-4-906. Administration of an opiate antagonist; immunity from liability; exemption from unprofessional conduct; relation to other law.

1. A person acting in good faith may administer an opiate antagonist to another person who appears to be experiencing an opiate related drug overdose.
2. A person who administers an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury.
3. A practitioner or pharmacist who prescribes an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury.
4. An entity that establishes a drug overdose treatment policy pursuant to this article is immune from civil or criminal liability for any act or omission related to the administration of an opiate antagonist resulting in damage or injury.
5. Prescribing an opiate antagonist by a practitioner or pharmacist pursuant to this article shall not constitute unprofessional conduct.
6. Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act conflict with any provision of this article, this article shall prevail.

History. Laws 2017, ch. 136, § 1.

Effective date. —

Laws 2017, ch. 136, § 2, makes the act effective July 1, 2017.

§§ 35-5-101 through 35-5-119. [Repealed.]

Repealed by Laws 2009, ch. 97, § 3.

Editor's notes. —

This section, which derived from Laws 1969, ch. 80, § 1, related to definitions.

§ 35-5-201. Short title.

This act may be cited as the “Revised Uniform Anatomical Gift Act”.

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-202. Definitions.

1. As used in this act:
   1. “Agent” means an individual:
      1. Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or
      2. Expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.
   2. “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research or education;
   3. “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this act, a fetus;
   4. “Department” means the department of transportation;
   5. “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under W.S. 35-5-211 ;
   6. “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card or donor registry;
   7. “Donor” means an individual whose body or part is the subject of an anatomical gift;
   8. “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts;
   9. “Driver’s license” means a license or permit issued by the department to operate a vehicle, whether or not conditions are attached to the license or permit;
   10. “Eye bank” means a person who is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes;
   11. “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. The term does not include a guardian ad litem;
   12. “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state;
   13. “Identification card” means an identification card issued by the department;
   14. “Know” means to have actual knowledge;
   15. “Organ procurement organization” means a person designated by the secretary of the United States department of health and human services as an organ procurement organization;
   16. “Parent” means a parent whose parental rights have not been terminated;
   17. “Part” means an organ, an eye or tissue of a human being. The term does not include the whole body;
   18. “Physician” means an individual authorized to practice medicine or osteopathy under the law of any state;
   19. “Procurement organization” means an eye bank, organ procurement organization or tissue bank;
   20. “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. The term does not include an individual who has made a refusal;
   21. “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift;
   22. “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted;
   23. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
   24. “Refusal” means a record created under W.S. 35-5-207 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part;
   25. “Sign” means, with the present intent to authenticate or adopt a record:
       1. To execute or adopt a tangible symbol; or
       2. To attach to or logically associate with the record an electronic symbol, sound or process.
   26. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States;
   27. “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator;
   28. “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education;
   29. “Tissue bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue;
   30. “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients;
   31. “This act” means W.S. 35-5-201 through 35-5-225 .

History. Laws 2009, ch. 97, § 1.

§ 35-5-203. Applicability.

This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. All anatomical gifts deemed to be effective under W.S. 35-5-101 through 35-5-119, prior to its repeal by this enactment, shall continue to be deemed and regarded to be effective after the effective date of this act.

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-204. Who may make anatomical gift before donor's death.

1. Subject to W.S. 35-5-208 , an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in W.S. 35-5-205 by:
   1. The donor, if the donor is an adult or if the donor is a minor and is:
      1. Emancipated; or
      2. Authorized under state law to apply for a driver’s license because the donor is at least sixteen (16) years of age.
   2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
   3. A parent of the donor, if the donor is an unemancipated minor to whom subparagraph (i)(B) of this subsection does not apply; or
   4. The donor’s guardian, if the donor is an unemancipated minor to whom subparagraph (i)(B) of this subsection does not apply.

History. Laws 2009, ch. 97, § 1.

§ 35-5-205. Manner of making anatomical gift before donor's death.

1. A donor may make an anatomical gift:
   1. By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
   2. In a will;
   3. During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
   4. As provided in subsection (b) of this section.
2. A donor or other person authorized to make an anatomical gift under W.S. 35-5-204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
   1. Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
   2. State that it has been signed and witnessed as provided in paragraph (i) of this subsection.
3. Revocation, suspension, expiration or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
4. An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

History. Laws 2009, ch. 97, § 1.

§ 35-5-206. Amending or revoking anatomical gift before donor's death.

1. Subject to W.S. 35-5-208 , a donor or other person authorized to make an anatomical gift under W.S. 35-5-204 may amend or revoke an anatomical gift by:
   1. A record signed by:
      1. The donor;
      2. The other person; or
      3. Subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign.
   2. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
2. A record signed pursuant to subparagraph (a)(i)(C) of this section shall:
   1. Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
   2. State that it has been signed and witnessed as provided in paragraph (i) of this subsection.
3. Subject to W.S. 35-5-208 , a donor or other person authorized to make an anatomical gift under W.S. 35-5-204 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
4. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
5. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.

History. Laws 2009, ch. 97, § 1.

§ 35-5-207. Refusal to make anatomical gift; effect of refusal.

1. An individual may refuse to make an anatomical gift of the individual’s body or part by:
   1. A record signed by:
      1. The individual; or
      2. Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign.
   2. The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
   3. Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
2. A record signed pursuant to subparagraph (a)(i)(B) of this section shall:
   1. Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and
   2. State that it has been signed and witnessed as provided in paragraph (i) of this subsection.
3. An individual who has made a refusal may amend or revoke the refusal:
   1. In the manner provided in subsection (a) of this section for making a refusal;
   2. By subsequently making an anatomical gift pursuant to W.S. 35-5-205 that is inconsistent with the refusal; or
   3. By destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
4. Except as otherwise provided in W.S. 35-5-208(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.

History. Laws 2009, ch. 97, § 1.

§ 35-5-208. Preclusive effect of anatomical gift, amendment or revocation.

1. Except as otherwise provided in subsection (g) and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under W.S. 35-5-205 or an amendment to an anatomical gift of the donor’s body or part under W.S. 35-5-206 .
2. A donor’s revocation of an anatomical gift of the donor’s body or part under W.S. 35-5-206 is not a refusal and does not bar another person specified in W.S. 35-5-204 or 35-5-209 from making an anatomical gift of the donor’s body or part under W.S. 35-5-205 or 35-5-210 .
3. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under W.S. 35-5-205 or an amendment to an anatomical gift of the donor’s body or part under W.S. 35-5-206 , another person may not make, amend or revoke the gift of the donor’s body or part under W.S. 35-5-210 .
4. A revocation of an anatomical gift of a donor’s body or part under W.S. 35-5-206 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under W.S. 35-5-205 or 35-5-210 .
5. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under W.S. 35-5-204 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
6. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under W.S. 35-5-204 , an anatomical gift of a part for one (1) or more of the purposes set forth in W.S. 35-5-204 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under W.S. 35-5-205 or 35-5-210 .
7. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
8. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

History. Laws 2009, ch. 97, § 1.

§ 35-5-209. Who may make anatomical gift of decedent's body or part.

1. Subject to subsections (b) and (c) of this section and unless barred by W.S. 35-5-207 or 35-5-208 , an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
   1. An agent of the decedent at the time of death who could have made an anatomical gift under W.S. 35-5-204(a)(ii) immediately before the decedent’s death;
   2. The spouse of the decedent;
   3. Adult children of the decedent;
   4. Parents of the decedent;
   5. Adult siblings of the decedent;
   6. Adult grandchildren of the decedent;
   7. Grandparents of the decedent;
   8. An adult who exhibited special care and concern for the decedent;
   9. The persons who were acting as the guardians of the person of the decedent at the time of death; and
   10. Any other person having the authority to dispose of the decedent’s body.
2. If there is more than one (1) member of a class listed in paragraph (i), (iii), (iv), (v), (vi), (vii) or (ix) of subsection (a) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under W.S. W.S. 35-5-211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
3. A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.

History. Laws 2009, ch. 97, § 1.

§ 35-5-210. Manner of making, amending or revoking anatomical gift of decedent's body or part.

1. A person authorized to make an anatomical gift under W.S. 35-5-209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
2. Subject to subsection (c) of this section, an anatomical gift by a person authorized under W.S. 35-5-209 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under W.S. 35-5-209 may be:
   1. Amended only if a majority of the reasonably available members agree to the amending of the gift; or
   2. Revoked only if a majority of the reasonably available members agree to the revocation of the gift or if they are equally divided as to whether to revoke the gift.
3. A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.

History. Laws 2009, ch. 97, § 1.

§ 35-5-211. Persons that may receive anatomical gift; purpose of anatomical gift.

1. An anatomical gift may be made to the following persons named in the document of gift:
   1. For purposes of research or education, a hospital, accredited medical school, dental school, college or university, organ procurement organization or any appropriate person;
   2. Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;
   3. A named eye bank or tissue bank;
   4. A person certified by a state or local law enforcement agency to train search and rescue animals.
2. If an anatomical gift to an individual under paragraph (a)(ii) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
3. If an anatomical gift of one (1) or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:
   1. If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank;
   2. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;
   3. If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ;
   4. If the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
4. For the purpose of subsection (c) of this section, if there is more than one (1) purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
5. If an anatomical gift of one (1) or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.
6. If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.
7. For purposes of subsections (b), (e) and (f) of this section, the following rules apply:
   1. If the part is an eye, the gift passes to the appropriate eye bank;
   2. If the part is tissue, the gift passes to the appropriate tissue bank;
   3. If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
8. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (a)(ii) of this section, passes to the organ procurement organization as custodian of the organ.
9. If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedent’s body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
10. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under W.S. 35-5-205 or 35-5-210 or if the person knows that the decedent made a refusal under W.S. 35-5-207 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
11. Except as otherwise provided in paragraph (a)(ii) of this section, nothing in this act affects the allocation of organs for transplantation or therapy.

History. Laws 2009, ch. 97, § 1; 2011, ch. 93, § 1.

The 2011 amendment, added (a)(iv).

Laws 2011, ch. 93, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-212. Delivery of document of gift not required; right to examine.

1. A document of gift need not be delivered during the donor’s lifetime to be effective.
2. Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under W.S. 35-5-211 .

History. Laws 2009, ch. 97, § 1.

§ 35-5-213. Rights and duties of procurement organization and others.

1. When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
2. A procurement organization shall be allowed reasonable access to information in the records of the department to ascertain whether an individual at or near death is a donor.
3. When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
4. Unless prohibited by law other than this act, at any time after a donor’s death, the person to whom a part passes under W.S. 35-5-211 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
5. Unless prohibited by law other than this act, an examination under subsection (c) or (d) of this section may include an examination of all medical and dental records of the donor or prospective donor.
6. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
7. Upon referral by a hospital under subsection (a) of this section, a procurement organization shall make a reasonable search for any person listed in W.S. 35-5-209 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.
8. Subject to W.S. 35-5-211 (j) and 35-5-223 , the rights of the person to whom a part passes under W.S. 35-5-211 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this act, a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to whom the part passes under W.S. 35-5-211, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.
9. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.
10. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-214. Coordination of procurement and use.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

History. Laws 2009, ch. 97, § 1.

§ 35-5-215. Sale or purchase of parts prohibited.

1. Except as otherwise provided in subsection (b) of this section, a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony punishable by imprisonment for not more than five (5) years, a fine of not more than fifty thousand dollars ($50,000.00) or both.
2. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.

History. Laws 2009, ch. 97, § 1.

§ 35-5-216. Other prohibited acts.

A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00) or both.

History. Laws 2009, ch. 97, § 1.

§ 35-5-217. Immunity.

1. A person who acts in accordance with this act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.
2. Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
3. In determining whether an anatomical gift has been made, amended or revoked under this act, a person may rely upon representations of an individual listed in W.S. 35-5-209(a)(ii), (iii), (iv), (v), (vi), (vii) or (viii) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-218. Law governing validity; choice of law as to execution of document of gift; presumption of validity.

1. A document of gift is valid if executed in accordance with:
   1. This act;
   2. The laws of the state or country where it was executed; or
   3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
2. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-219. Donor registry.

1. The department shall electronically transfer to a procurement organization the information that appears on the front of the driver’s license or identification card, to include the name, gender, date of birth, social security number if it appears on the license or card, driver’s license or identification card number, issue date or renewal date and address of the individual identified as a donor. The department shall also electronically transfer any subsequent change in the donor’s status, including revocation of the gift. The department shall submit to the department of health a statement of costs incurred to initially install and establish the electronic transfer of donor information. The department of health shall direct the state auditor to reimburse the department for the costs from the anatomical awareness account under W.S. 35-5-225 to the extent there are funds in that account. There shall be no charge to a procurement organization for the transfer of donor information.
2. With the information obtained from the department and from other sources including donors and donors’ agents pursuant to W.S. 35-5-205(b), the procurement organization shall establish and maintain a statewide organ and tissue donor registry to facilitate organ and tissue donations. The cost incurred to create and maintain the registry shall be paid by the procurement organization. Registry information shall be accessible to any procurement organization located in Wyoming and may be disseminated to a procurement organization in another state for the recovery or placement of organs and tissue. Registry information may also be disseminated to Wyoming eye banks under this section.
3. A donor registry shall:
   1. Allow a donor or other person authorized under W.S. 35-5-204 to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;
   2. Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and
   3. Be accessible for purposes of paragraphs (i) and (ii) of this subsection seven (7) days a week on a twenty-four (24) hour basis.
4. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person who made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
5. This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry shall comply with subsections (c) and (d) of this section.

History. Laws 2009, ch. 97, § 1.

§ 35-5-220. Effect of anatomical gift on advance health care directive.

1. In this section:
   1. “Advance health-care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor;
   2. “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor;
   3. “Health-care decision” means any decision regarding the health care of the prospective donor.
2. If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this act to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under W.S. 35-5-209 . Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-221. Cooperation between coroner and procurement organization.

1. A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
2. If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, unless the coroner denies recovery in accordance with W.S. 35-5-222 , the coroner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
3. A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.

History. Laws 2009, ch. 97, § 1; 2011, ch. 176, § 1.

The 2011 amendment, in (b), substituted “35-5-222” for “35-5-223.”

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

§ 35-5-222. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.

1. Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent’s body or part is medically suitable for transplantation, therapy, research or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
2. The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.
3. A person who has any information requested by a coroner pursuant to subsection (b) of this section shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research or education.
4. If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is not required, or the coroner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research or education.
5. If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent’s cause or manner of death, the coroner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner may deny the recovery.
6. The coroner and procurement organization shall enter into an agreement establishing protocols and procedures governing relations between them when the coroner believes that the recovery of a part for anatomical gift from a decedent whose body is under the jurisdiction of the coroner could interfere with the post-mortem investigation into the decedent’s cause or manner of death or the documentation or preservation of evidence. Decisions regarding the recovery of a part from the decedent shall be made in accordance with the agreement.
7. If the coroner or designee denies recovery under subsection (f) of this section, the coroner or designee shall:
   1. Explain in a record the specific reasons for not allowing recovery of the part;
   2. Include the specific reasons in the records of the coroner; and
   3. Provide a record with the specific reasons to the procurement organization.
8. If the coroner or designee allows recovery of a part under subsection (d), (e) or (f) of this section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner with a record describing the condition of the part, a biopsy, a photograph and any other information and observations that would assist in the post-mortem examination.
9. If a coroner or designee is required to be present at a removal procedure under subsection (f) of this section, upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the additional costs incurred in complying with subsection (f) of this section.

History. Laws 2009, ch. 97, § 1.

§ 35-5-223. Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History. Laws 2009, ch. 97, § 1.

§ 35-5-224. Relation to Electronic Signatures in Global and National Commerce Act.

This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

History. Laws 2009, ch. 97, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-225. Promotion of anatomical gifts.

Any money received from donations by owners of vehicles under W.S. 31-3-101(h) shall be deposited into a separate anatomical awareness account to be used by the department of health and its advisory council to promote general public awareness and education for the procurement of organ and tissue donations for anatomical gifts pursuant to this act.

History. Laws 2009, ch. 97, § 1.

Editor's notes. —

Laws 2009, ch. 97, § 4, provides: “Commencing with the fiscal year beginning July 1, 2009, any funds in the account established by W.S. 35-5-118 shall be transferred by the state treasurer to the account established by W.S. 35-5-225 .”

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-5-202(a)(xxxi)

§ 35-5-301. Definitions.

1. As used in this article:
   1. “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion;
   2. “Auxiliary aid or service” means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological or physical disability and is available in a format or manner that allows the individual to better understand the information. An auxiliary aid or service includes any of the following:
      1. Qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments;
      2. Qualified readers, taped texts, texts in accessible electronic format or other effective methods of making visually delivered materials available to persons with visual impairments;
      3. Supported decision making services, including:
         1. The use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual or assist the individual in making decisions;
         2. The disclosure of information to a legal guardian, authorized representative or another individual designated by the individual with a disability for decision making purposes, as long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq., and any regulations promulgated by the United States department of health and human services to implement the act;
         3. If an individual has a court appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual’s health care and that medical decisions are in accordance with the individual’s own expressed interests;
         4. Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental or intellectual disabilities, including assistive communication technology.
   3. “Covered entity” means:
      1. Any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities and prison health centers;
      2. Any entity responsible for matching anatomical gift donors to potential recipients.
   4. “Disability” has the meaning stated in the Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities Amendments Act of 2008, at 42 U.S.C. § 12102;
   5. “Organ transplant” means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition;
   6. “Qualified recipient” means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:
      1. Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;
      2. Auxiliary aids or services;
      3. Reasonable modifications to the policies, practices or procedures of a covered entity, including modifications to allow for either or both of the following:
         1. Communication with one (1) or more individuals or entities available to support or assist with the recipient’s care and medication after surgery or transplantation;
         2. Consideration of support networks available to the individual, including family, friends and home and community based services, including home and community based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled or any program or source of funding available to the individual, when determining whether the individual is able to comply with post-transplant medical requirements.

History. Laws 2021, ch. 35, § 1.

Effective date. —

Laws 2021, ch. 35, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 30, 2021.

§ 35-5-302. Discrimination prohibited.

1. A covered entity shall not, solely on the basis of an individual’s disability:
   1. Consider the individual ineligible to receive an anatomical gift or organ transplant;
   2. Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling or post-operative treatment and services;
   3. Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;
   4. Refuse to place a qualified recipient on an organ transplant waiting list;
   5. Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability;
   6. Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion care.
2. A covered entity may take an individual’s disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.
3. If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individual’s inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of subsection (b) of this section.
4. A covered entity shall make reasonable modifications to its policies, practices or procedures to allow individuals with disabilities access to transplantation related services, including diagnostic services, surgery, coverage, post-operative treatment and counseling, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of those services.
5. A covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.
6. Nothing in this section shall require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.
7. A covered entity shall otherwise comply with the requirements of titles II and III of the Americans with Disabilities Act, as amended.
8. The provisions of this article shall apply to all stages of the organ transplant process.

History. Laws 2021, ch. 35, § 1.

Effective date. —

Laws 2021, ch. 35, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 30, 2021.

§ 35-5-303. Enforcement.

1. Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other relief against the covered entity for purposes of enforcing compliance with this article. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.
2. In an action brought under this article, the court shall give priority on its docket and expedited review, and may grant injunctive or other relief, including:
   1. Requiring auxiliary aids or services to be made available for a qualified recipient;
   2. Requiring the modification of a policy, practice or procedure of a covered entity; or
   3. Requiring facilities be made readily accessible to and usable by a qualified recipient.
3. Nothing in this article is intended to limit or replace available remedies under the Americans With Disabilities Act, as amended, or any other applicable law.

History. Laws 2021, ch. 35, § 1.

Effective date. —

Laws 2021, ch. 35, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 30, 2021.

§ 35-6-101. Definitions.

1. As used in the act, unless the context otherwise requires:
   1. “Abortion” means an act, procedure, device or prescription administered to or prescribed for a pregnant woman by any person with knowledge of the pregnancy, including the pregnant woman herself, with the intent of producing the premature expulsion, removal or termination of a human embryo or fetus, except that in cases in which the viability of the embryo or fetus is threatened by continuation of the pregnancy, early delivery after viability by commonly accepted obstetrical practices shall not be construed as an abortion;
   2. “Accepted medical procedures” means procedures of the type and performed in a manner and in a facility which is equipped with surgical, anaesthetic, resuscitation and laboratory equipment sufficient to meet the standards of medical care which physicians engaged in the same or similar lines of work in the community would ordinarily exercise and devote to the benefit of their patients;
   3. “Conception” means the fecundation of the ovum by the spermatozoa;
   4. “Hospital” means those institutions licensed by the state department of health as hospitals;
   5. “Physician” means any person licensed to practice medicine in this state;
   6. “Pregnant” means that condition of a woman who has a human embryo or fetus within her as the result of conception;
   7. “Viability” means that stage of human development when the embryo or fetus is able to live by natural or life-supportive systems outside the womb of the mother according to appropriate medical judgment;
   8. “Woman” means any female person;
   9. The singular where used herein includes the plural, the plural includes the singular, and the masculine includes the feminine or neuter, when consistent with the intent of this act and when necessary to effect its purpose;
   10. “Minor” means a pregnant woman under the age of eighteen (18), but does not include any woman who:
       1. Is legally married;
       2. Is in active military service; or
       3. Has lived apart from her parents or guardian, has been financially independent and has managed her own affairs for at least six (6) months prior to a proposed abortion.
   11. “Parents” means both parents of a minor if they are both living, or one (1) parent of the minor if only one (1) is living or if the second parent cannot be located through a reasonably diligent effort;
   12. “This act” means W.S. 35-6-101 through 35-6-119 .

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.13; Laws 1989, ch. 247, § 2; 1991, ch. 221, § 2; 2017, ch. 187, § 2.

Cross references. —

As to licensing and operation of hospitals, health care facilities and health services, see §§ 35-2-901 to 35-2-911 .

As to licensing of physicians, see §§ 33-26-301 to 33-26-307 .

The 2017 amendment , effective July 1, 2017, in (a)(xii), substituted “35-6-119” for “35-6-118”.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 35-6-102. 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.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.14.

Law reviews. —

For comment, “Fetal Equality?: The Equality State's Response to the Challenge of Protecting Unborn Children,” see XXXII Land & Water L. Rev. 193 (1997).

§ 35-6-103. Viability not affected by abortion.

A physician who performs an abortion procedure employed pursuant to W.S. 35-6-102 shall not intentionally terminate the viability of the unborn infant prior to, during or following the procedure.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.15.

§ 35-6-104. Means of treatment for viable abortion.

The commonly accepted means of care that would be rendered to any other infant born alive shall be employed in the treatment of any viable infant aborted alive. Any physician performing an abortion shall take medically appropriate and reasonable steps to preserve the life and health of an infant born alive.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.16; 2021, ch. 135, § 1.

The 2021 amendment, effective July 1, 2021, in the first sentence, added "that would be rendered to any other infant born alive," deleted "with any chance of survival" at the end; and added the second sentence.

§ 35-6-105. 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.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.17.

§ 35-6-106. 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.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.18.

§ 35-6-107. Forms for reporting abortions.

1. 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 the information necessary to complete the  form subject to subsection (b) of this section:
   1. The age of the pregnant woman;
   2. The type of procedure performed or prescribed;
   3. Complications, if any;
   4. A summary of the pregnant woman’s obstetrical history regarding previous pregnancies, abortions and live births;
   5. The length  and weight of the aborted fetus or embryo, when measurable or the gestational age of the aborted fetus or embryo  in completed weeks at the time of abortion;
   6. Type of facility where the abortion is performed (i.e., hospital, clinic, physician’s office, or other).
2. In addition to the requirements provided in subsection  (a) of this section, the form shall not contain the name or the address  of the pregnant woman or any other common identifiers including a  social security number, driver’s license number or any other  information or identifier that would tend to disclose the identity  of the pregnant woman or any other participant other than the reporting  physician.
3. The form shall be completed by the attending physician and submitted to the state health officer as defined in W.S. 9-2-103(e) within twenty (20) days after the abortion is performed. A physician who fails to submit a form under this section  within one hundred ten (110) days after an abortion is performed shall  be reported to the board of medicine by the state health officer.  The board of medicine shall investigate the matter and may take disciplinary  action under W.S. 33-26-402(a)(x).
4. Termination of a pregnancy by natural miscarriage or  as a treatment consequence of a natural miscarriage shall not be reported  as an abortion pursuant to this section, provided that the miscarriage  was not induced with the intent of terminating the pregnancy. An alleged  miscarriage that was induced with the intent of terminating a pregnancy  shall be reported as an abortion pursuant to this section.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.19; Laws 1991, ch. 221, § 2; 2004, ch. 130, § 1; 2019, ch. 179, § 1.

The 2004 amendment, in (b), substituted “W.S. 9-2-103(e)” for “W.S. 9-2-101(f).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2019 amendment, effective July 1, 2019, in the introductory language in (a), substituted “the information necessary” for “such other information as may be necessary” and “form subject to subsection (b) of this section” for “form, but in no case shall information be required that would tend to disclose the identity of any individual participating in an abortion,” in (a)(v), added “or the gestational age of the aborted fetus or embryo in completed weeks at the time of abortion”; added (b); redesignated former (b) as (c), substituted “submitted” for “sent,” and added the last two sentences; and added (d).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 35-6-108. Compilations of abortions; matter of record; exception.

1. The state office of vital records services shall prepare and keep on file for seven (7) years compilations of the information submitted on the abortion reporting forms. The compilations shall be available as provided in this section. 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. 35-6-107 and compiled under this section, except the report required under subsection (c) of this section, shall not be stored in any computer.
2. An abortion reporting form received under W.S. 35-6-107 shall be maintained in strict confidence by the state office of vital records services, shall not be a public record and shall not be made available except to the attorney general or a district attorney with appropriate jurisdiction pursuant to a criminal investigation or to the state board of medicine pursuant to an investigation. The attorney general or a district attorney receiving an abortion form pursuant to this subsection shall keep the form and information from the form confidential except as may be required by law for a criminal prosecution. The state board of medicine receiving an abortion form pursuant to this subsection shall keep the form and information from the form confidential except as may be required by law to determine or enforce an action regarding licensure.
3. Not later than June 30 of each year the office of vital records services shall issue a public report providing summary statistics for the previous calendar year compiled from all of the abortion reporting forms from that year submitted in accordance with this section for each of the items listed in W.S. 35-6-107 . The report shall also include the statistics for all previous calendar years during which this subsection was in effect, adjusted to reflect any additional information from late or corrected reports. The office shall ensure that no information included in the public reports could reasonably lead to the identification of any woman upon whom an abortion was performed, induced or attempted. The report shall be transmitted to the United States centers for disease control and prevention for the national abortion surveillance report.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.20; Laws 1991, ch. 221, § 2; 2019, ch. 179, § 1.

The 2019 amendment, effective July 1, 2019, designated former undesignated paragraph as present (a), deleted "after May 27, 1977," substituted "available as provided in this section" for "available only to a local, state or national public health official or a physician upon his written request," and added "except the report required under subsection (c) of this section"; and added (b) and (c).

Cross references. —

As to vital records generally, see §§ 35-1-401 to 35-1-431 .

§ 35-6-109. 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.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.21; Laws 1991, ch. 221, § 2.

§ 35-6-110. Penalty for violation of W.S. 35-6-102, 35-6-103 or 35-6-104.

Any physician or other person who violates any provision of W.S. 35-6-102 , 35-6-103 or 35-6-104 is guilty of a felony punishable by imprisonment in the penitentiary for not more than fourteen (14) years.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.22.

§ 35-6-111. 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.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.23.

§ 35-6-112. 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.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.24.

§ 35-6-113. Penalty for violating W.S. 35-6-106.

Any person, firm, corporation, group or association who violates W.S. 35-6-106 is guilty of an offense punishable by a fine of not more than ten thousand dollars ($10,000.00).

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.25.

§ 35-6-114. Right to damages for discriminatory employment practices for refusal to perform abortion.

Any person or persons injured by any action prohibited in W.S. 35-6-106 may by civil action obtain injunctive relief or damages.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.26.

Cross references. —

As to proceedings for injunctions, see Rule 65, W.R.C.P.

§ 35-6-115. Penalty for giving away an aborted child for experimentation; exemptions.

1. Except as provided in subsection (b) of this section, whoever sells, transfers, distributes or gives away any aborted child or any tissue or cells from an 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 or any tissue or cells from 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.
2. Subsection (a) of this section shall not be construed to apply to:
   1. Any legal organ or tissue donations made by a parent;
   2. A child or any tissues or cells from a miscarriage or produced by any medical procedure following a miscarriage, or any other medical condition which is not an abortion;
   3. The use or transfer of tissue or cells from an aborted child, embryo or fetus for medical examination and testing to:
      1. Identify, confirm or deny any medical condition which lead to or influenced the decision to terminate the pregnancy;
      2. Obtain information relating to future medical treatment or counseling of parents, siblings or other blood relatives of the aborted child, embryo or fetus; or
      3. Comply with hospital quality control regulations.

History. Laws 1977, ch. 11, § 1; W.S. 1957, § 35-221.27; 2017, ch. 186, § 1.

The 2017 amendment , effective July 1, 2017, added the designation (a), in the first sentence added “(a) Except as provided in subsection (b) of this section” to the beginning, deleted “live or viable” following “gives away any” and, in the second sentence, added “or any tissue or cells from an aborted child”; and added (b).

Severability. —

Section 3, ch. 11, Laws 1977, reads: “If any provisions of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.”

§ 35-6-116. 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.

History. Laws 1890, ch. 73, § 83; R.S. 1899, § 5063; C.S. 1910, § 5913; C.S. 1920, § 7202; R.S. 1931, § 32-520; C.S. 1945, § 9-515; W.S. 1951, § 6-105; W.S. 1957, § 6-133; Laws 1969, ch. 32, § 9; W.S. 1977, § 6-5-302 ; Laws 1982, ch. 75, § 1.

Invalidity of section asserted by improper party. —

Where plaintiff is not a physician, nor does she assert that any of the people she represents are physicians, and there is no contention she is a publisher, seller or distributor of medicine or nostrums, or that she has ever sought such medicines or nostrums, she was not the proper party to assert the invalidity of this section. Doe v. Burk, 513 P.2d 643, 1973 Wyo. LEXIS 177 (Wyo. 1973).

Law reviews. —

For note, “The Constitutionality of Anti-Birth Control Legislation,” see 7 Wyo. L.J. 138.

§ 35-6-117. 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. 6-4-402 or sexual assault as defined by W.S. 6-2-301 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.

History. Laws 1985, ch. 28, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of state statutes and regulations limiting or restricting public funding for abortions sought by indigent women, 118 ALR 5th 463.

§ 35-6-118. Procedure governing abortion performed upon minor.

1. 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 forty-eight (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:
   1. The minor, in a closed hearing, is granted the right to self-consent 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
   2. 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.
2. A juvenile court of jurisdiction may grant the right of a minor to self-consent to an abortion or may authorize an abortion upon a minor in accordance with the following procedure:
   1. 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;
   2. Notwithstanding W.S. 14-6-212 , the minor or an adult of the minor’s choice shall file a petition with the court, signed by the minor and setting forth:
      1. The initials of the minor and the minor’s date of birth;
      2. 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;
      3. That the minor has been informed by her treating physician of the risks and consequences of an abortion;
      4. That the minor is mature and wishes to have an abortion; and
      5. Facts indicating why an abortion is in the best interest of the minor.
   3. The court may appoint a guardian ad litem of the minor and may appoint legal counsel for the minor;
   4. 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 forty-eight (48) hours before the time set for hearing. At the hearing, the court shall hear evidence relating to:
      1. The maturity and understanding of the minor;
      2. The nature of the abortion, risks and consequences of the abortion, and alternatives to the abortion; and
      3. Whether an abortion is in the best interest of the minor.
   5. In its order, which shall be issued within twenty-four (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:
      1. Deny the petition, setting forth the grounds on which the petition is denied;
      2. Grant the minor the right to self-consent 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
      3. Authorize the abortion based upon a finding by clear and convincing evidence that the abortion is in the best interest of the minor.
   6. 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. 14-6-233 , the supreme court shall by rule provide for expedited appellate review of appeals under this paragraph.
3. 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.
4. The written notifications required under this section shall be delivered:
   1. Personally by the minor, attending physician or an agent; or
   2. 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.
5. No parent, guardian or spouse shall require a minor to submit to an abortion against her wishes.
6. Any physician or other person who knowingly performs an abortion on a minor in violation of W.S. 35-6-118 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.

History. Laws 1989, ch. 247, § 1.

§ 35-6-119. Information provided to patient; exceptions; penalty.

1. Except in the case of a medical emergency, the physician performing the abortion on the patient, the referring physician or a person designated by either physician shall inform the patient of the opportunity to view an active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible. The active ultrasound image and auscultation of fetal heart tone shall be of a quality consistent with standard medical practice in the community.
2. This section shall not apply to a procedure performed with the intent to:
   1. Save the life of the patient;
   2. Ameliorate a serious risk of causing the patient substantial and irreversible impairment of a major bodily function;
   3. Preserve the health of the unborn child;
   4. Remove a dead unborn child; or
   5. Remove an ectopic pregnancy.

History. Laws 2017, ch. 187, § 1.

Effective date. —

Laws 2017, ch. 187, § 3, makes the act effective July 1, 2017.

§§ 35-7-101 through 35-7-108. [Repealed.]

Repealed by Laws 1987, ch. 173, § 4.

Editor's notes. —

These sections, which derived from Laws 1911, ch. 104, §§ 7, 11, 17, and 19, Laws 1913, ch. 107, §§ 5 and 6, and Laws 1921, ch. 80, §§ 1 and 2, related to general provisions on food and drugs.

§ 35-7-109. Short title.

This act may be cited as the “Wyoming Food, Drug and Cosmetic Safety Act”.

History. Laws 1987, ch. 173, § 1; 2000, ch. 37, § 2.

Editor's notes. —

Laws 2000, ch. 37, § 5, provides that it is the intention of the Wyoming legislature to create a food safety system that is based on partnership between state and local agencies, the University of Wyoming, consumers and all levels of the food industry.

Meaning of “this act.” —

For the definition of “This act,” referred to in this section, see § 35-7-110(a)(xxxi).

§ 35-7-110. Definitions.

1. As used in this act:
   1. “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;
   2. “Color” includes black, white and intermediate grays;
   3. “Color additive” means a material, other than a material exempt under the federal act, which:
      1. Is a dye, pigment or other substance from a vegetable, animal, mineral or other source; or
      2. 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.
   4. “Consumer commodity” means any food, drug, device or cosmetic as those terms are defined by this act or by the federal act;
   5. “Cosmetic” means articles other than soap which are:
      1. 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
      2. Intended for use as a component of any articles under subparagraph (A) of this paragraph.
   6. “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;
   7. “Department” means the department of agriculture;
   8. “Device” means instruments, apparatus and contrivances, including their components, parts and accessories, intended:
      1. For use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; or
      2. To affect the structure or any function of the body of man or other animals.
   9. “Director” means the director of the Wyoming department of agriculture or his duly authorized representative;
   10. “Drug” means:
       1. 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
       2. Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and
       3. Articles (other than food) intended to affect the structure or any function of the body of man or other animals; and
       4. 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.
   11. “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;
   12. “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;
   13. “Food” means:
       1. Articles used for food or drink for humans including meat and ice intended for human consumption;
       2. Chewing gum;
       3. Beverages subject to the Federal Alcohol Administration Act, as amended, (Title 27 U.S.C. § 201 et seq.);
       4. Articles used for components of any article under subparagraphs (A), (B) and (C) of this paragraph.
   14. “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;
   15. 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;
   16. “Immediate container” does not include package liners;
   17. “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;
   18. “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;
   19. “Local board of health” means a county or city board of health established pursuant to W.S. 35-1-301 et seq.;
   20. “Local health department” means a health department established by a county, municipality or district pursuant to W.S. 35-1-301 et seq.;
   21. “New drug” means any drug considered to be a new drug under the federal act;
   22. “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;
   23. “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;
   24. “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;
   25. “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;
   26. “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;
   27. “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;
   28. “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;
   29. “Function” means any official ceremony or organized social occasion;
   30. “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;
   31. “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:
       1. Any farmers market;
       2. Any producer  or informed consumer engaged in transactions pursuant to W.S. 11-49-103 ; or
       3. Any retail space selling homemade food that is separate  from a commercial food establishment in accordance with rules and  regulations adopted by the department pursuant to W.S. 11-49-103 (d).
   32. “This act” means W.S. 35-7-109 through 35-7-127 .

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3; 2000, ch. 37, § 2; 2009, ch. 77, § 1; 2011, ch. 153, § 2; 2015, ch. 121, § 2; 2017, ch. 56, § 1.

The 2009 amendment, effective July 1, 2009, added (a)(xxviii) through (a)(xxx) and made a related change.

The 2011 amendment, in (a)(xi), added the present last sentence.

Laws 2011, ch. 153, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

The 2015 amendment, added present (a)(xxxi), and redesignated former (a)(xxxi) as (a)xxxii).

Laws 2015, ch. 121, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2015.

The 2017 amendment , effective July 1, 2017, added (a)(xxxi)(C), and made related changes.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Legislative definition. —

Where legislature has specifically defined what constitutes adulteration within statute prohibiting manufacture or sale of adulterated foods, court is bound to follow that definition. State v. Weeden, 17 Wyo. 418, 100 P. 114, 1909 Wyo. LEXIS 9 (Wyo. 1909).

Am. Jur. 2d, ALR and C.J.S. references. —

What is a “drug,” a “device,” and a “new drug” within the definitions of these terms in § 201 (g)(1), (h), and (p) of the Federal Food, Drug, and Cosmetic Act as amendment (21 U.S.C. § 321 (g)(1), (h), and (p)), 3 ALR Fed 843.

What is “drug” within meaning of § 201(g)(1) of Federal Food, Drug, and Cosmetic Act (21 USC § 321(g)(1)), 127 ALR Fed 141.

What is “device” within meaning of § 201(h) of Federal Food, Drug, and Cosmetic Act (21 USCS § 321(h)), 129 ALR Fed 343.

§ 35-7-111. Prohibited acts.

1. No person shall:
   1. Violate this act or any rules promulgated under it;
   2. Introduce or deliver for introduction into commerce of any food, drug, device or cosmetic that is adulterated or misbranded;
   3. Adulterate or misbrand any food, drug, device or cosmetic in commerce;
   4. Knowingly receive in commerce of any food, drug, device or cosmetic that is adulterated or misbranded;
   5. Refuse to permit entry, inspection or access to records as authorized by this act;
   6. Manufacture any food, drug, device or cosmetic that is adulterated or misbranded;
   7. 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;
   8. 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;
   9. 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;
   10. 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;
   11. Repealed by Laws 2000, ch. 37, § 4.
   12. 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;
   13. [Effective July 1, 2020]Include the term “meat” or any synonymous term for meat or a specific animal species in labeling, advertising or other sales promotion unless the product:
       1. Is consistent with the definition of meat in W.S. 35-7-119(e)(iii)(A); and
       2. Is derived from harvested livestock, poultry, wildlife or exotic livestock as those terms are defined in W.S. 11-26-101(a), 11-32-101(a)(iv), 23-1-101(a)(xiii)and23-1-102(a)(xvi).
2. No person shall remove or dispose of a detained or embargoed article in violation of W.S. 35-7-114 .
3. In determining whether labeling or an advertisement is misleading under this act, the following shall be considered:
   1. Representations made or suggested by statement, word, design, device, sound or in any combination thereof;
   2. 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.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3; 2000, ch. 37, § 4; 2019, ch. 100, § 1.

The 2019 amendment, effective July 1, 2020, added (a)(xiii).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

Legislative definition. —

Where legislature has specifically defined what constitutes adulteration within statute prohibiting manufacture or sale of adulterated foods, court is bound to follow that definition. State v. Weeden, 17 Wyo. 418, 100 P. 114, 1909 Wyo. LEXIS 9 (Wyo. 1909).

Am. Jur. 2d, ALR and C.J.S. references. —

What is “device” within meaning of § 201(h) of Federal Food, Drug, and Cosmetic Act (21 USCS § 321(h)), 129 ALR Fed 343.

§ 35-7-112. Cease operations order; injunction proceedings.

1. If the director or the director of the department of health pursuant to W.S. 35-7-123(b)(vi) has probable cause to believe that an imminent hazard to the public health exists from a violation of this act, he may order any person to immediately cease the practice believed to be a violation and shall provide the person an opportunity for a hearing pursuant to the Wyoming Administrative Procedure Act within ten (10) days after issuing the order.
2. In addition to any other remedies, the director may apply to the district court for injunctive relief from any person who violates W.S. 35-7-111 .

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3; 2000, ch. 37, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Cross references. —

As to injunctions, see Rule 65, W.R.C.P.

§ 35-7-113. Penalties and guaranty.

1. Any person who knowingly and intentionally violates W.S. 35-7-111 is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Upon a subsequent conviction under W.S. 35-7-111 , the person may be punished by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both.
2. No person may be convicted under W.S. 35-7-111 if he established a guaranty or undertaking signed by, and containing the name and address of, the person from whom he received the article in good faith, to the effect that the article is not adulterated or misbranded within the meaning of this act and if he furnishes on request of the director the name and address of the person from whom he purchased or received the article in good faith and copies of all documents pertaining to the delivery of the article to him.
3. No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, may be punished under W.S. 35-7-111 for the dissemination of the false advertisement.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

§ 35-7-114. Embargo.

1. If the director has probable cause to believe that any food, drug, device, cosmetic or consumer commodity is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this act, he shall affix a tag or other appropriate marking to the article giving notice that the article is or is suspected of being adulterated or misbranded and has been embargoed. The director shall release all other articles.
2. If the director finds an article embargoed under subsection (a) of this section to be adulterated or misbranded, the director may immediately petition the district court for the county in which the article is embargoed to condemn the article, otherwise the tag or other marking shall be removed by the director or his agent.
3. If the court finds that an embargoed article is adulterated or misbranded, the article, after entry of the decree, shall be destroyed at the owner’s expense, under the supervision of the director or his agent. All court costs and fees, transportation costs, and storage and other proper expenses, shall be taxed against the owner of the article or his agent unless the adulteration or misbranding can be corrected by proper labeling or processing of the article. If so, the court, after entry of the decree and after costs, fees and expenses have been paid and a good and sufficient bond, conditioned that the article shall be correctly labeled or processed, has been executed, may by order direct delivery of the article to the owner for labeling or processing under the supervision of the director. The expense of supervision shall be paid by the owner. The article shall be returned to the owner and the bond shall be discharged on the representation to the court by the director that the article is no longer in violation of this act and that the expenses of supervision have been paid. Nothing in this section prevents the director from authorizing the owner of an adulterated or misbranded article from destroying it as the director prescribes.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

§ 35-7-115. Food; definitions and standards.

1. Definitions and standards of identity, quality and fill of container under the federal act or its regulations are the definitions and standards of identity, quality and fill of container in this state. However, when the action will promote honesty and fair dealing in the interest of consumers, the director may promulgate regulations establishing definitions and standards of identity, quality and fill of container for foods where no federal regulations exist. In addition, in conjunction with W.S. 35-7-127 , the director may promulgate amendments to any federal or state regulations which set definitions and standards of identity, and may promulgate amendments to any federal or state regulations which set standards of quality and fill of container for foods.
2. Temporary permits now or hereafter granted for interstate shipment of experimental packs of food under the federal act are automatically effective in this state.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3; 2000, ch. 37, § 2.

Meaning of “federal act.” —

For the definition of “federal act,” referred to in this section, see § 35-7-110(a)(xii).

§ 35-7-116. Food, drugs and cosmetics; adulteration and misbranding.

A food, cosmetic or a drug or device is adulterated if it is adulterated under the federal act. A food, cosmetic or a drug or device is misbranded if it is misbranded under the federal act.

History. Laws 1987, ch. 173, § 1.

Meaning of “federal act.” —

For the definition of “federal act,” referred to in this section, see 35-7-110(a)(xii).

§ 35-7-117. Food; tolerances for added poisonous ingredients.

Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, is unsafe with respect to any particular use or intended use if it is deemed unsafe under section 406 of the federal act [21 U.S.C. § 346].

History. Laws 1987, ch. 173, § 1.

Meaning of “federal act.” —

For the definition of “federal act,” referred to in this section, see § 35-7-110(a)(xii). Section 406 of the act appears as 21 U.S.C. § 346.

§ 35-7-118. New drugs.

1. No person shall sell, offer for sale, hold for sale or give away any new drug unless an application with respect thereto has been approved and the approval has not been withdrawn under section 505 of the federal act.
2. This section does not apply to a drug intended solely for investigational use by physicians pursuant to W.S. 35-7-1802(a)(i)(C).

History. Laws 1987, ch. 173, § 1; 2015, ch. 174, § 2.

The 2015 amendment, effective July 1, 2015, added (b).

Meaning of “federal act.” —

For the definition of “federal act,” referred to in this section, see § 35-7-110(a)(xii). Section 505 of the act appears as 21 U.S.C. § 355.

§ 35-7-119. Fair packaging and labeling provisions.

1. All labels of consumer commodities, as defined by this act, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. § 1451, et seq.) and the regulations promulgated pursuant thereto as of the effective date of this act. Consumer commodities exempted from the requirements of section 4 of the Fair Packaging and Labeling Act are also exempt from this subsection.
2. The label of any package of a consumer commodity which bears a representation as to the number of servings of the commodity contained in the package shall bear a statement of the net quantity (in terms of weight, measure or numerical count) of each serving.
3. No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a) of this section, but nothing in this section prohibits supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents. Supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure or count that tends to exaggerate the amount of the commodity contained in the package.
4. If the director determines that regulations containing prohibitions or requirements other than those prescribed by subsection (a) of this section are necessary to prevent the deception of consumer or to facilitate value comparisons as to any consumer commodity, the director shall promulgate rules and regulations with respect to that commodity in conjunction with W.S. 35-7-127 .
5. The department shall promulgate rules with respect to labeling. Every retailer and every wholesaler who sells or offers for sale in this state through an establishment or otherwise any:
   1. Meat that is the product of any country foreign to the United States, shall clearly label the meat as “imported,” naming the country of its origin;
   2. Cell cultured or plant based products not consistent with the definition of meat in subparagraph (iii)(A) of this subsection and not derived from harvested livestock, poultry, wildlife or exotic livestock as those terms are defined in W.S. 11-26-101(a), 11-32-101(a)(iv), 23-1-101(a)(xiii) and 23-1-102(a)(xvi), shall clearly label cell cultured products as “containing cell cultured product” and clearly label plant based products as “vegetarian”, “veggie”, “vegan”, “plant based” or other similar term indicating that the product is plant based;
   3. As used in this subsection:
      1. “Meat” means the edible part of the muscle of animals, which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing, but shall not include the muscle found in the lips, snout or ears, nor any edible part of the muscle which has been manufactured, cured, smoked, cooked or processed;
      2. “Retailer” means a person regularly engaged in the business of selling meat at retail to the public, and selling only to the user or consumer and not for resale;
      3. “Wholesaler” means a person regularly engaged in the business of selling meat at wholesale to retailers for subsequent sale at retail to the public.
6. Subsections (a) and (c) of this section shall not apply to the preparation, service, use, consumption or storage of foods at a traditional event or activity pursuant to W.S. 35-7-1703 . The definitions in W.S. 35-7-1702 shall apply to this subsection.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3; 2000, ch. 37, § 2; 2011, ch. 153, § 2; 2019, ch. 100, § 1.

The 2011 amendment, added (f).

Laws 2011, ch. 153, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

The 2019 amendment, effective July 1, 2020, in the introductory language in (e), added the first sentence, designated (e)(i), in (e)(i), substituted “Meat that” for “meat, which,” and deleted “The department shall promulgate rules and regulations with respect to labeling,” added (e)(ii), added (e)(iii) designation, and redesignated former (e)(i) through (e)(iii) as (e)(iii)(A) through (e)(iii)(C), and made related changes.

Fair Packaging and Labeling Act. —

Section 4 of the federal Fair Packaging and Labeling Act, referred to in this section, appears as 15 U.S.C. § 1453.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

§ 35-7-120. Regulations.

1. The director may promulgate regulations necessary for the efficient enforcement of this act.
2. The director may promulgate regulations necessary to ensure that appropriate sanitary conditions and water quality standards are met by any person engaged in the distribution of bulk quantities of water for sale for human consumption.

History. Laws 1987, ch. 173, § 1; 1989, ch. 60, § 1; 1993, ch. 191, § 3; 2000, ch. 37, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

Am. Jur. 2d, ALR and C.J.S. references. —

Federal preemption of state common-law products liability claims pertaining to drugs, medical devices and other health-related items, 98 ALR Fed 124.

§ 35-7-121. Inspections; examinations.

1. For purposes of enforcement of this act, the director or a local health department official may, upon presenting appropriate credentials to the owner, operator or agent in charge:
   1. Enter at reasonable time any factory, warehouse or establishment in which food, drugs, devices or cosmetics are manufactured, processed or packed or held for introduction into commerce or after introduction or to enter any vehicle being used to transport or hold the food, drugs, devices or cosmetics in commerce; and
   2. Inspect at any reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein, and to obtain samples necessary to the enforcement of this act, except that paragraph (i) of this subsection and this paragraph do not permit the director to inspect any establishment solely because it holds prepackaged food, drugs or cosmetics for retail sale by that establishment. The frequency of inspections shall be based on the relative food safety risk that the factory, warehouse, establishment or vehicle presents to the public, with no such facility receiving less than one (1) inspection per year;
   3. Have access to and to copy all records of carriers in commerce showing the movement in commerce of any food, drugs, devices or cosmetics, or holding thereof during or after movement, and the quantity, shipper and consignee thereof.
2. Upon completion of any inspection under this section but before leaving the premises, the director shall give to the owner, operator or agent in charge a report in writing setting forth any conditions or practices observed by him which in his judgment indicate that any food, drug, device or cosmetic in the establishment:
   1. Consists in whole or in part of any filthy, putrid or decomposed substance; or
   2. Have been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health. A copy of the report shall be sent promptly to the director.
3. If the director obtains any sample during an inspection under this section, he shall give to the owner, operator or agent in charge a receipt describing the samples obtained before leaving the premises.
4. If the director obtains a sample of any food during an inspection under this section and an analysis is made of the sample, a copy of the results of the analysis shall be furnished promptly to the owner, operator or agent in charge.
5. Repealed by Laws 2000, ch. 37, § 4.
6. Any person conducting an inspection of an establishment for the department or any local health department shall demonstrate their qualifications by being a Wyoming or nationally registered environmental health specialist or sanitarian, a registered food safety specialist or hold an in-training status and be working toward registration, be standardized by the federal food and drug administration or meet qualifications set forth by the director in conjunction with the food safety council. Only a registered environmental health specialist or a registered food safety specialist shall be authorized to recommend the summary suspension of an establishment license by a regulatory authority pursuant to W.S. 35-7-125 .
7. Any inspector hired by a regulatory authority prior to July 1, 2000, shall have two (2) years from July 1, 2000 to meet the qualifications set forth in subsection (f) of this section. Any inspector hired by a regulatory authority after July 1, 2000, shall have one (1) year to meet the qualifications set forth in subsection (f) of this section.
8. Subsection (a) of this section shall not apply to food prepared for, served, consumed, stored or sold at a traditional event or activity pursuant to W.S. 35-7-1703 . The definitions in W.S. 35-7-1702 shall apply to this subsection.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3; 2000, ch. 37, §§ 2, 4; 2011, ch. 153, § 2.

The 2011 amendment, added (h).

Laws 2011, ch. 153, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

§ 35-7-122. Publicity.

1. The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this act, including the nature of the charge and the disposition thereof.
2. The director may also cause to be disseminated any information regarding food, drugs, devices and cosmetics as the director deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section prohibits the director from collecting, reporting and illustrating the results of his investigations, except that the director shall not disclose any information acquired under this act such as customer lists, manufacturing volumes and information concerning any method or process which as a trade secret is entitled to protection.

History. Laws 1987, ch. 173, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

Savings clauses. —

Laws 1987, ch. 173, § 3, provides: “Buildings, facilities and equipment in use before the effective date of this act, or new buildings, facilities or equipment for which contractual obligations are incurred before the effective date of this act, and which do not meet all of the requirements of this act or any regulations promulgated pursuant thereto, are not in violation of this act if they are in good repair and capable of being maintained in a sanitary condition.”

§ 35-7-123. Establishment of food safety system.

1. The director of the department of agriculture shall establish and maintain a food safety program located within the department. The director shall carry out the provisions of the food safety program and shall be assisted by the director of the department of health. A local department of health, if established according to law, may establish and maintain its own local food safety program so long as the program meets the requirements of this act. The director of the department of agriculture or his designee shall:
   1. Gather food safety information and disseminate the information to the public, food industry and to local departments of health with a food safety program;
   2. On a voluntary basis, provide food safety training for the food industry in this state, work with other state, local and federal agencies to coordinate food safety educational efforts;
   3. Regulate the safety of foods and work together with the department of health and the governor’s food safety council established pursuant to W.S. 35-7-127 to promulgate rules and regulations necessary to carry out the provisions of this act, except that the director of the department of agriculture shall not promulgate any rules which impose standards or requirements related to meat processing which are more stringent than federal law, rules or regulations. In any area which does not have a local food safety program established pursuant to law, the department shall issue licenses, conduct inspections, hold hearings to enforce any legal provision or rule promulgated under this act;
   4. Maintain a statewide database of food licenses and inspection results;
   5. Work with federal, state and local agencies to coordinate food safety efforts and activities, and coordinate with all other agencies to maintain consistency in inspection and enforcement activities;
   6. Establish food safety priorities for this state based on risk and information provided by the department of health;
   7. Provide laboratory support for the analysis of routine food and water samples used to support inspection activities and to monitor safety;
   8. Report each year to the department of health on how the food safety activities have addressed the epidemiological data provided by the department of health;
   9. Assist the department of health, or any local jurisdiction, when requested to investigate possible food borne and water related illness;
   10. Establish and maintain a meat inspection program for this state. However, nothing in this act shall be construed to grant authority in the director of the department of agriculture or his designee for the inspection or regulation of live animal production or the processing and storage of meat by a producer of live animals for nonprofit consumption.
2. The director of the department of health or his designee shall:
   1. Carry out the surveillance of food borne illness with assistance from the department of agriculture and report each year to the department of agriculture and local jurisdictions on the leading causes of food borne illness;
   2. Participate with the department of agriculture and the governor’s food safety council established pursuant to W.S. 35-7-127 in a joint food safety rulemaking process;
   3. Ensure the department of health is the lead agency for the investigation of possible food borne illness and outbreaks and to request assistance from the department of agriculture and local jurisdictions as determined to be necessary by the department of health;
   4. Provide laboratory support for and conduct analysis of samples connected with disease outbreak investigations;
   5. Provide support for local food safety programs as authorized by the legislature;
   6. Take appropriate action against any person holding a food license for the purpose of protecting the public health and preventing the transmission of infectious disease;
   7. Provide consultation and advice on food borne illness to local jurisdictions and to the department of agriculture as requested.
3. Duties of a local board of health shall include:
   1. Issuing licenses, conducting inspections, holding hearings and taking enforcement actions as necessary to carry out the provisions of the food safety program;
   2. Promulgating rules containing provisions for inspections which may differ from state food safety regulations promulgated under this act so long as direct food safety and disease transmission requirements including cooking temperatures, hot and cold holding temperatures, reheating times and temperatures, cooling times and temperatures, and such other requirements as determined by the department of agriculture, do not differ;
   3. Coordinating activities with the department of agriculture in order to provide for statewide consistency;
   4. Providing the department of agriculture with a quarterly report providing information on any food licenses issued and the results of any food inspections;
   5. Reporting to the department of health any food borne outbreak of illness and assist the department of health in any outbreak investigations, if requested.
4. A local jurisdiction may provide laboratory support for food safety and drinking water inspection and accompanying monitoring activities.

History. Laws 2000, ch. 37, § 1; 2021, ch. 44, § 1.

Cross references. —

For provisions concerning communicable diseases, see art. 1 to chapter 4 of this title.

For penalties for failure to properly dispose of dead animals, see §§ 35-10-101 , 35-10-102 and 35-10-104 .

As to the state board of agriculture, see § 11-2-101 .

As to quarantine of diseased animals generally, see § 11-19-103 .

As to slaughter of diseased animals, see §§ 11-19-104 to 11-19-106 .

As to storage of meat in cold storage lockers, see § 11-23-106 .

For prohibition against transportation of meat or poultry unlawfully obtained or killed, see § 11-30-107 .

For provisions relating to poultry, see §§ 11-32-101 to 11-32-104 .

The 2021 amendment , effective July 1, 2021, added ", except that the director of the department of agriculture shall not promulgate any rules which impose standards or requirements related to meat processing which are more stringent than federal law, rules or regulations" in the first sentence of (a)(iii).

Editor's notes. —

Laws 2000, ch. 37, § 5, provides that it is the intention of the Wyoming legislature to create a food safety system that is based on partnership between state and local agencies, the University of Wyoming, consumers and all levels of the food industry.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of packer, food store or restaurant for causing trichinosis, 96 ALR3d 451.

Construction and application of § 202 of Federal Packers and Stockyards Act (7 U.S.C. § 192) prohibiting certain trade practices by meat packers and live poultry dealers or handlers, 5 ALR Fed 729.

Validity, construction, and application of § 22 of Federal Meat Inspection Act (21 U.S.C. § 622) making it federal offense to bribe federal meat inspectors or for inspectors to accept bribe, 21 ALR Fed 977.

§ 35-7-124. License required; exemptions; electronic transmittals.

1. Any person processing, distributing, storing or preparing any food for sale shall obtain a license from the department of agriculture or a local health department. The license is not transferable, shall be renewed on an annual basis and shall be prominently displayed in the establishment. No food establishment shall serve, hold for sale or sell food to the public without a valid license. An agricultural producer shall be exempt from the licensure requirement in this section for processing, distributing, storing or sale of any raw agricultural commodity he produces.
2. Written application for a new license shall be made on a form approved by the department of agriculture and provided by the department of agriculture or the local health department and shall be signed by the applicant. License requirements and fees for temporary food events operated by nonprofit organizations shall be waived. Licenses shall expire one (1) year after the date of issuance unless suspended or revoked. Licenses may be renewed each year upon application to the department or local health department. The director shall establish license categories and fees by rule and no fee shall exceed one hundred dollars ($100.00), except that the following fees shall be as specified:
   1. Food license . . . . . $200.00;
   2. Food license annual renewal . . . . . $100.00;
   3. Temporary food establishment license . . . . . $50.00.
3. Fifty percent (50%) of the fees collected pursuant to paragraphs (b)(i) through (iii) of this section shall be credited to the general fund. The remainder of any fees collected under this section shall be distributed as follows:
   1. In any county, city or district without a local health department established pursuant to W.S. 35-1-301 et seq., the department of agriculture shall receive ninety percent (90%) of the amount of the fee collected and the department of health shall receive ten percent (10%). The revenues shall be deposited into a special account and shall be used to defer the cost associated with the food safety program;
   2. In any county, city or district with a local health department established pursuant to W.S. 35-1-301 et seq., the local health department shall receive eighty-five percent (85%) of the amount of the fee collected, the department of agriculture shall receive ten percent (10%) and the department of health shall receive five percent (5%). The revenues shall be deposited into a special account and shall be used to defer the cost associated with the food safety program.
4. Before approving an application, the department of agriculture or the local health department shall determine that the establishment is in compliance with this act and any regulations promulgated hereunder.
5. The provisions of subsection (a) of this section shall not apply to food operators or kitchens in private homes that prepare food that is not potentially hazardous and prepared for sale or use at farmers’ markets, roadside stands, private homes and at functions including, but not limited to those operated by not for profit charitable or religious organizations.
6. The director may allow the permitting, registration, licensing, testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.
7. Subsection (a) of this section shall not apply to food prepared for, served, consumed, stored or sold at a traditional event or activity pursuant to W.S. 35-7-1703 . The definitions in W.S. 35-7-1702 shall apply to this subsection.
8. The provisions of subsection (a) of this section shall not apply to a producer selling food directly to the informed end consumer at a farmers market or through ranch, farm or home based sales pursuant to W.S. 11-49-103 . The definitions in W.S. 11-49-102 shall apply to this subsection.
9. The provisions of subsection (a) of this section shall not apply to homemade beverages provided at an event held pursuant to W.S. 12-10-102 .

History. Laws 2000, ch. 37, § 1; 2005, ch. 175, § 2; 2009, ch. 77, § 1; 2011, ch. 153, § 2; 2015, ch. 121, § 2; 2016, ch. 86, § 2; 2021, ch. 122, § 1.

Cross references. —

As to licensing of veterinarians, see §§ 33-30-203 to 33-30-214 .

As to an exemption from sales tax, see § 39-15-105 .

The 2005 amendment added (f).

Laws 2005, ch. 175, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2009 amendment, effective July 1, 2009, substituted “sale” for “wholesale or retail use” in the first sentence of (a); in (b), deleted the former second and third sentences which read: “An initial license fee of one hundred dollars ($100.00) shall accompany each application. The license fee for a temporary food event shall be twenty-five dollars ($25.00) which event shall not exceed fourteen (14) days.”, deleted “accompanied by a fee of fifty dollars ($50.00)” at the end of the fourth sentence, and substituted the last sentence for the former last sentence which read: “Any establishment which has a license on the effective date of this section shall pay a fee of fifty dollars ($50.00) for the following year and shall not be liable to pay the initial license fee of one hundred dollars ($100.00).”; and in (e), substituted “farmers’ markets, roadside stands, private homes and at functions including, but not limited to” for “functions, including” and deleted the former last sentence which defined “food that is not potentially hazardous.”

The 2011 amendment, added (g).

Laws 2011, ch. 153, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

The 2015 amendment, added (h).

Laws 2015, ch. 121, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2015.

The 2016 amendment added (j).

Laws 2016, ch. 86, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 4, 2016.

The 2021 amendment, effective July 1, 2021, added "except that the following fees shall be as specified" at the end of (b); added (b)(i) through (b)(iii) and made a related change; and added (c).

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

License and regulation required whenever sales are made to consumers. —

The purpose of former § 35-7-528 was to require a license from and regulation by the department of agriculture in every case where a producer sells dairy products directly to the public or to consumers. State ex rel. Kirk v. Gail, 373 P.2d 955, 1962 Wyo. LEXIS 97 (Wyo. 1962).

Sale without license nuisance to be enjoined. —

Under former § 35-7-528, it was within the province of the trial court to determine whether the sale of milk by a farmer without a license constituted such a nuisance and so endangered the health of the public as to require the issuance of an injunction. State ex rel. Kirk v. Gail, 373 P.2d 955, 1962 Wyo. LEXIS 97 (Wyo. 1962).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of proprietor of store, business, or place of amusement for injury to one using baby stroller, shopping cart, or the like furnished by defendant, 42 ALR5th 159.

Liability of owner or operator of business premises for injuries from electrically operated door, 44 ALR5th 525.

§ 35-7-125. Summary suspension of a license.

1. A regulatory authority may summarily suspend a license to operate a food establishment if it determines through consultation with a health officer, inspection, examination of food, employees, records or other authorized means that an imminent health hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, or sewage backup.
2. The regulatory authority may summarily suspend a person’s license by providing written notice of the summary suspension to the license holder or person in charge, without prior warning, notice of a hearing or a hearing.
3. The regulatory authority shall conduct an inspection of the establishment or food processing plant for which the license was summarily suspended within forty-eight (48) hours after receiving notice from the license holder stating that the conditions cited in the summary suspension order no longer exist.
4. A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the elimination of the conditions has been confirmed by the regulatory authority through inspection or other means as appropriate. A suspended license shall be reinstated immediately if the regulatory authority determines that the imminent health hazard no longer exists. A notice of reinstatement shall be provided to the license holder or person in charge of the establishment.
5. Temporary food events where no admission fee is charged and where no fee is charged for food shall not be subject to the license suspension provisions of this section.

History. Laws 2000, ch. 37, § 1.

Cross references. —

As to nuisances generally, see §§ 6-6-201 to 6-6-209 .

§ 35-7-126. License revocation.

1. The regulatory authority may initiate revocation proceedings for an establishment license:
   1. through (iii) Repealed by Laws 2003, ch. 38, § 2.
   2. For failure to correct conditions for which a summary suspension was issued;
   3. For failure to correct critical violations from routine inspections;
   4. For multiple critical violations on multiple occasions;
   5. For a refusal to grant access pursuant to W.S. 35-7-121 .
2. The regulatory authority shall issue notice of a hearing to the license holder. The notice and the hearing shall be governed by the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
3. Upon completion of the hearing and consideration of the record, the regulatory authority shall issue an order which shall include findings of fact and conclusions of law.
4. The decision of the regulatory authority may be appealed to the district court pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.

History. Laws 2000, ch. 37, § 1; 2003, ch. 38, §§ 1, 2.

Cross references. —

For judicial review of administrative action, see Rule 12, W.R.A.P.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 35-7-127. Governor's food safety council.

1. There is created the governor’s food safety council. The governor shall appoint eleven (11) members of the council as follows:
   1. One (1) member who is an employee of the department of agriculture;
   2. One (1) member who is an employee of the department of health;
   3. One (1) member who is an employee of the laboratory of the department of agriculture or the department of health;
   4. One (1) member from a local health department;
   5. One (1) ex officio nonvoting member who is an employee of the University of Wyoming cooperative extension service;
   6. Four (4) members representing the food industry, at least one (1) member representing restaurants and one (1) member representing retail food stores; and
   7. Two (2) members with no connections to the food industry representing the general public as consumer representatives.
2. Members of the council shall hold office for staggered terms of three (3) years. For the initial council, three (3) members shall be appointed for a term of three (3) years, three (3) members shall be appointed for a term of two (2) years and five (5) members shall be appointed for a term of one (1) year. Each member shall hold office until his successor is appointed. The governor may remove any member pursuant to W.S. 9-1-202 .
3. No rule shall be promulgated by the department of agriculture or a local health department under this act until the department has consulted with the governor’s food safety council and received comment from the council.
4. The members of the council shall not receive compensation for their service, but shall receive reimbursement for traveling expenses as provided by W.S. 9-3-102 for state employees from the department of agriculture.
5. The council shall meet not less than once each year.

History. Laws 2000, ch. 37, § 1.

Editor's notes. —

Laws 2000, ch. 37, § 5, provides that it is the intention of the Wyoming legislature to create a food safety system that is based on partnership between state and local agencies, the University of Wyoming, consumers and all levels of the food industry.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 35-7-110(a)(xxxi).

§ 35-7-201. Under direction of department of agriculture; appointment; duties generally; salary and expenses; fee for analysis.

1. The office of state chemist heretofore created by the legislature is hereby transferred with all present and existing appropriations and all property under its control to the state department of agriculture of Wyoming, and shall hereafter be under the direction and supervision of said department. The state chemist shall be appointed by the state board of agriculture with the approval of the Wyoming personnel division and his salary shall be determined and fixed by the Wyoming personnel division to be paid by the state of Wyoming out of any money not otherwise appropriated, the same to be paid by the state auditor in the manner provided for the payment of other accounts against the state, and he shall receive no other salary.
2. It shall be the duty of the state chemist to make or cause to be made, analysis of such foods, drugs, drinks, gasoline, illuminating oils or other materials relative to the enforcement of this article, as shall be submitted to him or shall be deemed advisable for such analysis, and make a full and complete written report of the same, and when so requested, it shall be his duty to testify in court. He shall receive his necessary traveling expenses as paid to other state employees as allowed by law, to be paid by the state of Wyoming when employed in performing the duties of his office.
3. Any person, firm, corporation or association, with the exception of cities, counties and state regulatory agencies, who shall submit any article or commodity for analysis or examination shall remit such fee as may be established for the purpose of making this service available to the general public at a reasonable cost, but which fee shall be comparable to that charged for the same service by commercial laboratories operating within the state. Accounting shall be made of all fees so received by the state chemist and shall be paid into the general fund.
4. The state chemist may allow the testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.

History. Laws 1911, ch. 104, § 1; C.S. 1920, § 3723; Laws 1925, ch. 105, § 1; R.S. 1931, § 45-101; C.S. 1945, § 46-101; Laws 1949, ch. 65, § 21; 1951, ch. 66, § 1; 1953, ch. 139, § 29; 1957, ch. 157, § 26; W.S. 1957, § 35-230; Laws 1961, ch. 148, § 43; 1965, ch. 115, § 43; 1967, ch. 181, § 28; 1974, ch. 16, § 2; 2005, ch. 175, § 2.

Cross references. —

For duty to analyze whether articles are adulterated or misbranded, see § 35-7-111 .

For constitutional provisions requiring stated salaries to be paid and payment of fees to proper treasury, see art. 14, §§ 1, 2, Wyo. Const.

As to prohibition against other compensation, see §§ 9-3-103 to 9-3-104 . As to the creation of the state department of agriculture and the state board of agriculture, see § 11-2-101 .

As to duty to make analysis of illuminating oils and gasoline, see §§ 40-7-103 , 40-7-107 .

The 2005 amendment added (d).

Laws 2005, ch. 175, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Stated in

Combined Ins. Co. of Am. v. Sinclair, 584 P.2d 1034, 1978 Wyo. LEXIS 229 (Wyo. 1978); County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 35-7-202. Employment of assistant and second assistant chemists; salaries; location of office; duties generally.

The state chemist by and with the approval of the state board of agriculture is hereby authorized to employ an assistant to the state chemist and a second assistant to the state chemist who shall receive salaries to be determined and fixed by the Wyoming personnel division; the salaries to be paid by the state of Wyoming out of any moneys not otherwise appropriated, the same to be paid by the state auditor in the manner provided for the payment of such accounts against the state. The assistant chemists shall keep their offices at the University of Wyoming and the board of trustees of said university shall furnish the necessary room for the carrying out of the provisions of this article. The assistant chemists shall perform such duties as they may be required to perform by the state chemist.

History. Laws 1911, ch. 104, § 2; 1913, ch. 107, § 1; C.S. 1920, § 3724; Laws 1925, ch. 105, § 1; R.S. 1931, § 45-102; C.S. 1945, § 46-102; Laws 1949, ch. 65, § 22; 1951, ch. 66, § 2; 1953, ch. 139, § 30; 1957, ch. 157, § 27; W.S. 1957, § 35-231; Laws 1961, ch. 148, § 44; 1965, ch. 115, § 44.

Cross references. —

See cross references to § 35-7-201 . As to the creation of the state board of agriculture, see § 11-2-101 .

§ 35-7-203. Expenses.

The necessary traveling expenses and expenses for the purchase of apparatus, chemicals, etc., shall be paid from any appropriation made by the legislature as a contingent fund for the state chemist; provided, that the expense shall be limited to the appropriation made.

History. Laws 1911, ch. 104, § 3, C.S. 1920, § 3725; R.S. 1931, § 45-103; C.S. 1945, § 46-103; W.S. 1957, § 35-232.

§ 35-7-204. Seal; report.

The state chemist shall keep a seal with which to attest official acts and documents. He shall, as required by W.S. 9-2-1014 , report to the governor, on or before the first day of October of each year, including itemized statements of all persons employed by him together with such statistics and other matter as he may regard of value to the administration or public at large.

History. Laws 1911, ch. 104, § 4; C.S. 1920, § 3726; R.S. 1931, § 45-104; C.S. 1945, § 46-104; W.S. 1957, § 35-233; Laws 1973, ch. 215, § 1.

§§ 35-7-301 through 35-7-312. [Repealed.]

Repealed by Laws 1987, ch. 173, § 4.

Editor's notes. —

These sections, which derived from C.L. 1876, ch. 35, § 120, Laws 1884, ch. 2, §§ 2 and 3, and Laws 1911, ch. 104, §§ 6, 8, 9, 12 through 16, and 18, related to general provisions on adulterated or misbranded food or drugs.

§§ 35-7-330 through 35-7-336. [Repealed.]

Repealed by Laws 1987, ch. 173, § 4.

Editor's notes. —

These sections, which derived from Laws 1939, ch. 20, §§ 1 through 7, related to the adulteration or misbranding of cosmetics.

§ 35-7-350. Short title.

This act [§§ 35-7-350 through 35-7-372 ] shall be known and may be cited as the “Wyoming Environmental Pesticide Control Act of 1973”.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.1.

§ 35-7-351. Enforcing agency.

This act [§§ 35-7-350 through 35-7-372 ] shall be administered by the department of agriculture of the state of Wyoming, hereinafter referred to as the “department”.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.2.

§ 35-7-352. Declaration of purpose.

The legislature hereby finds that pesticides and devices are valuable to our state’s agricultural production and to the protection of man and the environment from insects, rodents, weeds, and other forms of life which may be pests, and it is essential to the public health and welfare that they be regulated closely to prevent adverse effects on human life and the environment. The purpose of this act [§§ 35-7-350 through 35-7-372 ] is to regulate, in the public interest, the labeling, distribution, storage, transportation, disposal, use and application of pesticides to control pests. New pesticides are continually being discovered or synthesized which are valuable for the control of pests, and for use as defoliants, desiccants, plant regulators, and related purposes. The dissemination of accurate scientific information as to the proper use or nonuse, of any pesticide, is vital to the public health and welfare and the environment both immediate and future. Therefore, it is deemed necessary to provide for registration of pesticides and devices.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.3.

§ 35-7-353. Board of certification.

A board of certification is established consisting of the director of the department of agriculture, and a member of the Wyoming weed and pest council and a University of Wyoming weed or pest specialist to be appointed by the governor. The governor may remove any member he appoints as provided in W.S. 9-1-202 .

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.4; Laws 1987, ch. 175, § 1; 1993, ch. 191, § 3.

§ 35-7-354. Definitions.

1. “Applicator” or “operator” means:
   1. “Certified applicator” means any individual who is certified by the director as being competent with respect to the use and handling of pesticides, or of the use and handling of the pesticide or class of pesticides covered by the individual’s certification;
   2. “Commercial applicator” means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (a)(iii) of this subsection;
   3. “Private applicator” means any certified applicator who uses or supervises the use of any restricted use pesticide which is restricted to use by certified applicators and only for purposes of producing any agricultural commodity on property owned by him or his employer or under his control or (is applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
2. “Board of agriculture” means that body established by law under W.S. 11-2-102 .
3. “Device” means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man, or bacteria, virus, or other microorganism on or in living man or other living animals) but does not include equipment used for the application of pesticides when sold separately therefrom.
4. “Pesticide” means:
   1. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests;
   2. Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;
   3. Any substance or mixture of substances intended to be used as a spray adjuvant; and
   4. Any other pesticide product or substance whether general use, restricted use, registered, suspended or cancelled, which by the label or portions thereof clearly show it is used or has been used as a pesticide.
5. “Restricted use pesticide” means any pesticide product, the label of which states “restricted use” as required for registration by the environmental protection agency under the federal Insecticide, Fungicide and Rodenticide Act of 1972 [7 U.S.C. § 136 et seq.], as amended.
6. “Dealer” or “distributor” means any person who imports, consigns, distributes, offers to sell or sells, barters or otherwise supplies pesticides in this state. A dealer or distributor may also be a registrant.
7. “Director” means the director of the department of agriculture or his authorized agent.
8. “Label” means a display of written, printed or graphic matter upon or affixed to the immediate container of any  pesticide, or a reference within such display to other information.
9. “Official sample” means any sample of a pesticide, degradate or residue taken by and designated as official by the director.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.5; Laws 1979, ch. 91, § 2; 1993, ch. 191, § 3; 2013, ch. 153, § 2.

The 2013 amendment, effective July 1, 2013, added (d)(iv) through (j), making a related change.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Federal Insecticide, Fungicide and Rodenticide Act. —

The Federal Insecticide, Fungicide and Rodenticide Act, referred to in subsection (e), appears as 7 U.S.C. § 136 et seq.

§ 35-7-355. Director to administer and enforce provisions; board of certification to adopt regulations.

The director of the department of agriculture shall administer and enforce the provisions of this act [§§ 35-7-350 through 35-7-372 ] and regulations issued thereunder. The board of certification may issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the Wyoming Administrative Procedure Act to carry out the provisions of this act. Regulations may prescribe methods to be used in the application of pesticides, may prescribe standards for the classification and certification of applicators of pesticides, and may require certification, licensing, payment of reasonable fees for licensing or certification, submission of information, and passing of examinations by applicators of pesticides. Where the board of certification finds that regulations are necessary to carry out the purpose and intent of this act, the regulations may relate to the time, place, manner, methods, materials, and amounts and concentrations, in connection with the application of the pesticide, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the board deems necessary. The department may issue licenses. Notwithstanding the provisions of W.S. 35-7-354(e), the board of agriculture, by regulation, following a hearing and pursuant to the Wyoming Administrative Procedure Act, may declare a specific pesticide or pesticide use a “restricted use pesticide”, but only following a recommendation of the board of certification, and a finding of fact, in a public hearing conducted by the board of certification, that unreasonable adverse effects on the environment, including man, pollinating insects, animals, crops, wildlife and lands, other than pests, may reasonably occur. The director of the department of agriculture may allow the registration, licensing, testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.6; Laws 1979, ch. 91, § 2; 1993, ch. 191, § 3; 2005, ch. 175, § 2.

The 2005 amendment added the last sentence.

Laws 2005, ch. 175, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 35-7-356. Registration.

1. Every pesticide or device which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the department of agriculture by its manufacturer or formulator subject to the provisions of this act. The registration shall be renewed annually prior to December 31 of each year but not if a pesticide or device is shipped from one plant or warehouse to another plant or warehouse as a constituent part to make a pesticide or device which is registered under the provisions of this act, if the pesticide or device is not sold and if the container thereof is plainly and conspicuously marked “For Experimental Use Only”, together with the manufacturer’s name and address, or if a written permit has been obtained from the department to sell the specific pesticide or device for experimental purposes subject to restrictions and conditions set forth in the permit.
2. The applicant for registration shall file a statement with the department which shall include:
   1. The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant’s;
   2. The name of the pesticide or device;
   3. Other necessary information required for completion of the department’s application for registration form;
   4. The use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act when required by regulations under this act.
3. The director may require a full description of the tests made and the results thereof upon which the claims are based on any pesticide or device on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide or device was registered or last registered. The director may prescribe other necessary information by regulation.
4. Every registrant of a pesticide or device shall pay an annual registration fee of one hundred forty dollars ($140.00) for each product registered. All registrations shall expire on December 31 of each year, following the date of the registration, and may thereupon be renewed for successive periods of twelve (12) months upon payment of the proper fee. One hundred twenty-five dollars ($125.00) of the fee collected pursuant to this subsection shall be deposited in the special natural resource account in the department of agriculture which is hereby created. Funds in the special natural resource account are continuously appropriated to the department and shall only be used to provide funding for the pesticide registration fee program. Fifteen dollars ($15.00) of the fee collected pursuant to this subsection shall be deposited in the pesticide education account in the department of agriculture which is hereby created. Funds in the pesticide education account are continuously appropriated to the department and shall only be used to provide funding for the pesticide applicator certification program provided by the University of Wyoming.
5. Any registration approved by the director and in effect on December 31 for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until such time as the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provisions of W.S. 35-7-358 . Forms for registration shall be mailed to registrants at least thirty (30) days prior to the due date.
6. If it appears to the director that the composition of the pesticide or device is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this act he shall register the pesticide.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.7; Laws 1993, ch. 147, § 1; ch. 191, § 3; 2006, ch. 20, § 1; 2016, ch. 72, § 1; 2020, ch. 3, § 1.

The 2006 amendment, in the third sentence of (d), substituted “special natural resource account in the department of agriculture which is hereby created” for “general fund and may be appropriated by the legislature,” deleted “11-16-105(a)(v) and 35-7-350 through 35-7-374 ” at the end, and made related changes.

Laws 2006, ch. 20, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2006.

The 2016 amendment , effective July 1, 2016, in (d), substituted “ninety dollars ($90.00)” for “seventy-five dollars ($75.00) in the first sentence and “Seventy-five dollars ($75.00) of the fee collected pursuant to this subsection” for “Funds collected pursuant to this section” in the third sentence, and added the last two sentences.

The 2020 amendment, effective July 1, 2020, in (d), substituted “a pesticide” for “pesticides,” “one hundred forty dollars ($140.00)” for “ninety dollars ($90.00) each,” and “each” for “every” in the first sentence, substituted “One hundred twenty-five dollars ($125.00)” for “Seventy-five dollars ($75.00)” at the beginning of the third sentence and deleted “for programs authorized by W.S. 11-5-113 and 11-5-303 ” from the end, and added the fourth sentence.

Appropriations. —

Laws 2006, ch. 20, §§ 2, 3, provide:

“Section 2. There is authorized a special natural resource account in the department of agriculture for the purpose of collecting and disbursing funds pursuant to W.S. 35-7-356(d).

“Section 3. For the period beginning July 1, 2006 and ending June 30, 2008, the department of agriculture is authorized to expend not to exceed one million two hundred fifty thousand dollars ($1,250,000.00) from the special natural resource account for purposes specified in W.S. 35-7-356 . Any further requests for expenditures from this account shall be included in the department's budget request and shall be subject to appropriation by the legislature.”

§ 35-7-357. Experimental use permits.

1. Any person may apply to the director of the department of agriculture for an experimental use permit for a pesticide. The director may issue an experimental use permit if he determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under this act [§§ 35-7-350 through 35-7-372 ]. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
2. Use of a pesticide under an experimental use permit shall be under the supervision of the director, and shall be subject to such terms and conditions and be for such period of time as the director may prescribe in the permit.
3. The director may revoke any experimental use permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.8; Laws 1993, ch. 191, § 3.

§ 35-7-358. Refusal to register; cancellation; suspension; legal recourse.

1. If it does not appear to the director of the department of agriculture that the pesticide or device is such as to warrant the proposed claims for it or if the pesticide or device and its labeling and other material required to be submitted do not comply with the provisions of this act [§§ 35-7-350 through 35-7-372 ] or regulations adopted thereunder, he shall notify the applicant of the manner in which the pesticide or device, labeling, or other material required to be submitted fails to comply with the provisions of this act so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of notice, the applicant does not make the required changes the director may refuse to register the pesticide or device. The applicant may request a hearing as provided for in the Wyoming Administrative Procedure Act.
2. The director, when he determines that the pesticide or device or labeling does not comply with the provisions of the act or the regulations adopted thereunder, may cancel the registration of a pesticide or device after a hearing in accordance with the provisions of the Wyoming Administrative Procedure Act.
3. The director, when he determines that there is an imminent hazard, may suspend on his own motion, the registration of a pesticide in conformance with the provisions of the Wyoming Administrative Procedure Act.
4. Any person who will be adversely affected by an order under this section may obtain judicial review in accord with the Wyoming Administrative Procedure Act.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.9; Laws 1993, ch. 191, § 3.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 35-7-359. Classification of licenses.

1. Licenses shall include but are not limited to:
   1. Commercial applicator license;
   2. Private applicator license.
2. A commercial applicator shall notify the department of any change of address or change of employment within thirty (30) days of that change.
3. The director may refuse an application for a reciprocal license for just cause including, but not limited to:
   1. An incomplete or falsified application;
   2. A prior violation related to pesticides in this state or another state.
4. The director may immediately suspend a reciprocal license upon discovery of any violation under subsection (c) of this section. The director may reinstate a license suspended under this subsection following a hearing pursuant to the Wyoming Administrative Procedure Act.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.10; 2013, ch. 153, § 2.

The 2013 amendment, effective July 1, 2013, added (b) through (d).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 35-7-360. Liability for damage; service of process.

1. and (b) Repealed by Laws 1979, ch. 91, § 3.
2. Nothing in this act [§§ 35-7-350 through 35-7-372 ] shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of this act.
3. Before the director shall issue a pesticide applicator’s license to a nonresident to apply pesticides in this state, each nonresident pesticide applicator shall appoint the director as his attorney to receive services of legal process issued against the pesticide applicator in this state. The appointment, effect of appointment, and procedures for service of process shall be as provided by W.S. 26-3-121 and 26-3-122 .

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.11; Laws 1979, ch. 91, § 3; 1993 ch. 191, § 3.

§ 35-7-361. Inspection of equipment.

The director may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.12; Laws 1993, ch. 191, § 3.

§ 35-7-362. Reciprocal agreement.

The director may issue a license or certification on a reciprocal basis with other states without examination to a nonresident who is licensed, or certified, in another state substantially in accordance with the provisions of this act but financial security as provided for in W.S. 35-7-360 or proof of liability insurance shall be submitted by nonresident commercial applicators. The department shall, by rule and regulation, establish criteria for reciprocity including, but not limited to, formal agreements with other states, residency, categories and examination. The director is authorized to adopt additional rules and regulations necessary to implement this section.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.13; Laws 1993, ch. 191, § 3; 2013, ch. 153, § 2.

Editor's notes. —

Section 35-7-360 , by the 1979 amendment thereof, no longer relates to financial security.

The 2013 amendment, effective July 1, 2013, added “or proof of liability insurance” near the end of the first sentence and added the second and third sentences.

§ 35-7-363. Exemptions.

1. The provision of W.S. 35-7-355 relating to licenses and requirements for their issuance shall not apply to any private applicator applying pesticides for himself or with ground equipment or manually for his neighbors, except as to specific regulations as to the use of restricted pesticides and certification qualifications for private applicators, if:
   1. He operates farm property or operates and maintains pesticide application equipment primarily for his own use;
   2. He is not engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and he does not publicly hold himself out as a pesticide applicator.
2. The word “device” shall not be construed to mean fly swatter, butterfly net, or any mechanical contrivance used to trap or kill insects or rodents.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.14.

§ 35-7-364. Discarding and storing of pesticides and pesticide containers.

No person shall discard, transport, or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board of certification may promulgate rules and regulations governing the discarding and storing of such pesticides or pesticide containers.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.15.

§ 35-7-365. Subpoenas.

The director may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under the provisions of this act [§§ 35-7-350 through 35-7-372 ].

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.16; Laws 1993, ch. 191, § 3.

§ 35-7-366. Penalties.

1. Any person violating any provision of W.S. 35-7-350 through 35-7-375 or regulation thereunder is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than one (1) year, or both, for the first offense, and upon conviction for a subsequent offense shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both. Any offense committed more than three (3) years after a previous conviction shall be considered a first offense.
2. The director may bring an action to enjoin the violation or threatened violation of any provision or any regulation made pursuant to W.S. 35-7-350 through 35-7-375 in a court of competent jurisdiction of the county in which the violation occurs or is about to occur. The action may be initiated by the attorney general or the district attorney for the county in which the violation has or is about to occur.
3. No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such action.
4. If the department incurs fees or other expenses to remediate a violation by an applicator, the department may seek restitution from the applicator or the applicator’s employer through a court of competent jurisdiction.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.17; Laws 1981, Sp. Sess., ch. 22, § 1; 1983, ch. 50, § 1; 1993, ch. 191, § 3; 2001, ch. 56, § 2; 2013, ch. 153, § 2.

The 2013 amendment, effective July 1, 2013, added (d).

§ 35-7-367. Enforcement.

1. The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether they comply with the requirements of this act. The director is authorized, upon presentation of proper identification, to enter any distributor’s premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices. If it appears from such examination that a pesticide or device fails to comply with the provisions of this act or regulations adopted thereunder, and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity within a reasonable time to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director, it appears that the provisions of the act or regulations adopted thereunder have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such pesticide or device to the district attorney for the county in which the violation occurred.
2. Nothing in this act shall be construed as requiring the director to report minor violations of this act for prosecution or for the institution of condemnation proceedings when he believes that the public interest will be served best by a suitable notice of warning in writing.
3. For the purpose of carrying out the provisions of this act the director may enter upon any public or private premises at reasonable times, in order:
   1. To have access for the purpose of inspecting any equipment subject to this act and such premises on which the equipment is kept or stored;
   2. To inspect lands actually or reported to be exposed to pesticides;
   3. To inspect storage or disposal areas;
   4. To inspect or investigate complaints of injury to humans or land;
   5. To sample pesticides being applied or to be applied.
4. If the director is denied access to any land where access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such lands for the stated purposes. The court shall with probable cause upon such application issue the search warrant for the purposes requested.
5. The director may bring an action to enjoin the violation or threatened violation of any provision of this act or any rule made pursuant to this act in the district court of the county in which such violation occurs or is about to occur.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.18; Laws 1981, Sp. Sess., ch. 22, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

The reference to “this act” in subsection (a) of this section apparently means Laws 1981, Sp. Sess., ch. 22, § 1 which affected titles 1, 5, 6, 7, 9, 11, 12, 14, 18, 19, 21, 22, 24, 25, 26, 27, 28, 31, 33, 35, 37, 39, 40 and 41. See the Table of Disposition of Acts in volume 11.

§ 35-7-368. Cooperation.

The director is authorized to cooperate with and enter into agreements with any other agency of this state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this act [§§ 35-7-350 through 35-7-372 ] and securing uniformity of regulation.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.19; Laws 1993, ch. 191, § 3.

§ 35-7-369. Disposition of funds.

All moneys received by the department under the provisions of this act [§§ 35-7-350 through 35-7-372 ] shall be deposited into the treasury of the state to the credit of the general fund, excluding those funds collected pursuant to W.S. 35-7-356(d).

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.20; Laws 1974, ch. 16, § 2; 2006, ch. 20, § 1.

The 2006 amendment, inserted “excluding those funds collected pursuant to W.S. 35-7-356(d).”

Laws 2006, ch. 20, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2006.

§ 35-7-370. Severability.

If any provision of this act [§§ 35-7-350 through 35-7-372 ] is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this act and applicability thereof to other persons and circumstances shall not be affected thereby.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.21.

§ 35-7-371. Prior liability.

The enactment of this act [§§ 35-7-350 through 35-7-372 ] shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.22.

§ 35-7-372. Jurisdiction; repeals.

Jurisdiction in all matters pertaining to the registration, distribution, transportation and disposal of pesticides and devices is by this act [§§ 35-7-350 through 35-7-372 ] vested exclusively in the director and board of certification and all acts and parts of acts inconsistent with this act are hereby expressly repealed.

History. Laws 1973, ch. 175, § 1; W.S. 1957, § 35-262.23; Laws 1993, ch. 191, § 3.

§ 35-7-373. Registration of aircraft.

1. Any person engaged in the activity or business of applying pesticides utilizing any type of aircraft shall register each aircraft annually with the Wyoming department of agriculture, on a printed form provided by the department. The registration shall include the following:
   1. Manufacturer, model and type of aircraft;
   2. Identification number assigned to the aircraft;
   3. Owner of the aircraft; and
   4. User of the aircraft if different from the owner.
2. The fee authorized by W.S. 11-1-104 shall be charged to each person registering aircraft. Aircraft shall be registered on or before April 1 of each year.

History. Laws 1979, ch. 91, § 1; 1993, ch. 135, § 2.

Am. Jur. 2d, ALR and C.J.S. references. —

Anticompetitive covenants: aerial spray dust business, 60 ALR4th 965.

§ 35-7-374. Prohibited acts.

1. It is unlawful for any person to:
   1. Detach, alter, deface or destroy, in whole or in part, any labeling prior to proper disposal of the pesticide containers;
   2. Refuse to keep any records as required by the director by regulation or to refuse to allow the inspection of such records by the director during normal working hours;
   3. Make available for use, or to use, any restricted pesticide classified for restricted use for some or all purposes, except by or under the direct supervision of a certified applicator;
   4. Use any pesticide in a manner inconsistent with its labeling which means to use any pesticide in a manner not permitted by the labeling, or not authorized by the director under a special local need registration, an experimental use permit or an emergency exemption, provided that this paragraph does not include:
      1. Applying a pesticide at any dosage, concentration or frequency less than that specified on the labeling;
      2. Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling;
      3. Employing any method of application not prohibited by the labeling; or
      4. Mixing a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the labeling.
   5. To falsify any records required by the director by regulation;
   6. To falsify any application, examination or affidavit for certification or license;
   7. Other than certified applicators or persons working under their direct supervision to use restricted use pesticides;
   8. To use restricted use pesticides inconsistent with the applicator category of certification.
2. If the director finds that the violation occurred despite the exercise of due care or did not cause significant harm to another person, to health or to the environment, he shall issue a warning in lieu of prosecution.
3. Except as otherwise provided by the Wyoming Environmental Pesticide Control Act of 1973 [§§ 35-7-350 through 35-7-372 ], no political subdivision of this state shall adopt or enforce any ordinance, resolution, rule or regulation regarding pesticides storage, sale, distribution, notification of use, or use that is more stringent than the Wyoming Environmental Pesticide Control Act of 1973 or rules promulgated thereunder.

History. Laws 1979, ch. 91, § 1; 1993, ch. 191, § 3; 2013, ch. 153, § 2.

The 2013 amendment, effective July 1, 2013, deleted “registered” before “pesticide” twice in (a)(iv) and added (c).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes use of pesticide in manner inconsistent with its labeling, so as to violate § 12(a)(2)(G) of Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136j(a)(2)(G)), 69 ALR Fed 835.

§ 35-7-375. Required notification of pesticide application on or within school buildings.

1. Any commercial applicator licensed under W.S. 35-7-359 or any other person shall provide notification required by this section of the application of any pesticide as defined under W.S. 35-7-354(d) which is applied on or within any building or other real property used by a school district primarily for the education of students, including any property used by the district for student activities or playgrounds. Notice under this subsection shall be provided to the district not less than seventy-two (72) hours prior to application and the district shall further notify students, teachers and staff. All notices distributed under this subsection shall be marked with a distribution date and include information indicating date of application, location of application or treatment area, pest to be controlled, name and type of pesticide to be applied and a contact for additional information. All notices distributed under this subsection shall be retained by the school or school district for two (2) years.
2. In addition to notice required under subsection (a) of this section, the licensed commercial applicator or other school employee applying pesticides shall post signs on the school building or property stating the date of application, the location of the application or treatment area, the name and type of the pesticide to be applied and a contact for additional information. Upon request, the licensed commercial applicator or other school employee shall provide information on how to obtain additional information on the pesticide. Not less than twelve (12) hours before application of pesticides within school buildings, signs shall be posted at main entrances to school buildings and at the entrances to the specific application area within buildings. If pesticide application is made outdoors to any area adjacent to a school building or on property used by the district for student activities or playgrounds, signs shall be posted immediately adjacent to the treated area and at the entrance to the district property. The signs shall remain posted for seventy-two (72) hours.
3. Anti-microbial pesticides defined under W.S. 35-7-354(d), such as disinfectants and sanitizers used by school employees for cleaning purposes and insect or rodent bait stations of the type available for home use are exempted from the notification and posting requirements specified in subsections (a) and (b) of this section.

History. Laws 2001, ch. 56, § 1.

Am Jur 2d, ALR and C.J.S. references. —

Validity, Construction, and Operation of State and Municipal Act or Regulation Requiring Notice of Pesticide and Herbicide Use. 18 A.L.R.6th 793.

§ 35-7-376. Direct supervision.

1. As used in this section, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available within a reasonable time and distance, even though the certified applicator is not physically present at the time and place the pesticide is applied.
2. All pesticide applications made for hire shall be under the direct supervision of a certified commercial applicator. All applications of restricted use pesticide shall be made under the direct supervision of a certified applicator. Availability of the certified applicator shall be directly related to the potential hazard of the situation. The certified applicator shall be:
   1. Available by immediate contact through telephone or radio; or
   2. Physically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.
3. As used in this section:
   1. Reasonable time by the supervising applicator to on-site is deemed to be not more than one (1) hour response time;
   2. Reasonable distance by the supervising applicator to on-site is deemed to be not more than fifty (50) air miles.

History. Laws 2013, ch. 153, § 1.

Effective dates. —