ADOPTED SENATE AMENDMENTS FOR FEBRUARY 25, 2005.

ADOPTED SENATE AMENDMENTS

FRIDAY, FEBRUARY 25, 2005

HB0040SW001/AE

[TO ENGROSSED COPY]

Page 12-after line 2Insert and renumber:

"Section 4. Notwithstanding section 3 of this act, W.S. 21-16-1003(a)(vii)(A) as enacted by the 2005 legislature by House Enrolled Act 64, being original House Bill 0227, is amended to read:

21‑16‑1003. Athletics challenge matching program; state treasurer to administer program account; matching payments; conditions; annual reports; reversion of appropriations.

(a) The state treasurer shall administer the university athletics challenge account established under this article. The following shall apply:

(vii) There is created within the university athletics challenge account an account called the challenge eight account. Notwithstanding the minimum contribution requirement under W.S. 21‑16‑1001(a)(ii), donations to the challenge eight account shall be deemed qualifying contributions for purposes of this act subject to the following:

(A) The purpose of the challenge eight account is to provide an opportunity for any person to contribute to a fund in honor of the eight (8) University of Wyoming student athletes who lost their lives on September 13 16, 2001. Funds deposited in the challenge eight account shall be used exclusively to improve or develop university track and field facilities toward a goal of providing a venue suitable for hosting conference championships and with appropriate recognition of the eight (8) student athletes;".

Page 12-line 4 Delete "4" insert "5".

Renumber as necessary. HINES

HB0040SW002/AE

[TO ENGROSSED COPY]

Page 12-After line 2Insert and renumber:

"Section 4. Notwithstanding section 3 of this act, Section 1(a)(v) as enacted by the 2005 legislature by House Enrolled Act 44, being original House Bill 0275, is amended to read:

Section 1.

(a) There is appropriated fifty thousand dollars ($50,000.00) from the general fund to the department of health to conduct a methamphetamine initiative planning study. The department shall:

(v) Examine the existing capacity and procedures for conducting and completing substance abuse evaluations ordered for methamphetamine use, abuse or distribution under W.S. ~~7‑13‑1032~~ 7-13-1302, including the number of qualified evaluators available and conducting evaluations in the state, the costs associated with the evaluations and any recommendations to improve the capacity, quality, efficiency and effectiveness of the evaluation process, as necessary.".

Page 12-line 4 Delete "4." insert "5.".

Renumber as necessary. MOCKLER, SCHIFFER

HB0056S3001/A

Delete the Johnson Committee of the Whole Amendment (HB0056SW001/A) entirely and further amend as follows:

Page 1-line 15 Strike "shall" insert "may"; after "be" insert ", but shall not exceed,".

Page 1-line 16 Strike "the same as" insert "in". VON FLATERN

HB0083SW002/AE

[TO ENGROSSED COPY]

Delete the Mockler Committee of the Whole Amendment (HB0083SW001/AE) entirely and further amend as follows:

Page 1–lines 1 through 6Delete and insert:

"AN ACT relating to pretrial screening panels; prohibiting the filing of a medical malpractice claim in a court until the claim has been reviewed by a medical review panel; providing that the decision of the panel is not binding; requiring that the decision of the panel be submitted with any medical malpractice complaint; creating the panel and providing for selection of its members; designating the attorney general or his designee as panel director to perform administrative tasks; establishing procedures for review of claims; providing definitions; granting rulemaking authority; requiring a person filing a complaint in court to file the decision of the panel; requiring a person filing a complaint in court to obtain an expert witness who has not appeared before the panel; providing for an appropriation; and providing for an effective date.".

Page 1–lines 10 through 17 Delete and insert:

"Section 1. W.S. 9‑2‑2901 through 9‑2‑2913 are created to read:

ARTICLE 29

MEDICAL REVIEW PANEL

9‑2‑2901. Short title.

This act may be cited as the "Wyoming Medical Review Panel Act of 2005".

9‑2‑2902. Purpose of provisions.

The purpose of this act is to review the evidence of malpractice before filing in court of actions against health care providers and their employees for professional liability.

9‑2‑2903. Definitions.

(a) As used in this act:

(i) "Health care provider" means a physician, health care facility or any person employed by a health care facility who, in accordance with law or a license granted by a state agency, provides health care;

(ii) "Malpractice claim" means any claim against a health care provider for alleged medical treatment, alleged lack of medical treatment, or other alleged departure from accepted standards of health care which results in damage to the patient;

(iii) "Panel" means the medical review panel provided for under this act;

(iv) "Physician" means a person licensed under W.S. 33‑26‑303;

(v) "Expert" means a person qualified to testify as an expert in the courts of Wyoming within the medical field relating to the claims of the claimant and will not financially benefit from the decision of the panel or court;

(vi) "This act" means W.S. 9‑2‑2901 through 9‑2‑2913.

9‑2‑2904. Service of pleadings; computation of time.

(a) The claim, answer, decision and all other pleadings required to be served under this act shall be served in accordance with the Wyoming Rules of Civil Procedure.

(b) Computation of time periods prescribed or allowed under this act shall be in accordance with rule 6 of the Wyoming Rules of Civil Procedure.

9‑2‑2905. Panel created; compensation; director of panel; appointment and duties; rulemaking.

(a) There is created the Wyoming medical review panel.

(b) The panel shall have a director who shall be the attorney general or his designee and shall conduct the administrative business of the panel and otherwise implement this act. The director may use the office of administrative hearings as necessary to implement this act. The director shall promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement this act.

(c) Members of the panel and the office of the director shall receive compensation while engaged in the business of the board of five hundred ($500.00) dollars per day each day the panel is convened plus two hundred dollars ($200.00) per preparation day not to exceed two thousand dollars ($2,000.00). Compensation for travel and other services shall be as provided in W.S. 9‑3‑102 and 9‑3‑103.

9‑2‑2906. Claims to be reviewed by panel; prohibition on filing claims in court; tolling of statute of limitation; immunity of panel; administration.

(a) No complaint alleging malpractice shall be filed in any court against a health care provider before a claim is made to the panel and its decision is rendered. The panel shall review all malpractice claims against health care providers filed with the panel except those claims subject to a valid arbitration agreement allowed by law or in the case that both parties desire to go directly to court. The running of the applicable limitation period in a malpractice action is tolled upon receipt by the director of the application for review and does not begin again until thirty (30) days after the panel's final decision is served upon the claimant.

(b) An extension of thirty (30) days may be granted by the director to the applicable limitation period to obtain the statement of an expert witness.

(c) Panel members are absolutely immune from civil liability for all acts in the course and scope of the duties under this act, including but not limited to communications, findings, opinions and conclusions.

(d) The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required under this act, and the performance of all other acts required to fairly and effectively administer this act.

9‑2‑2907. Claim review procedure; contents of claim; service of claim on provider; answer.

(a) Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any court in this state by addressing a claim, in writing, signed by the claimant or his attorney, to the director of the panel. The claim shall contain:

(i) A statement in reasonable detail of the elements of the health care provider's conduct which are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all physicians and hospitals having contact with the claimant relevant to the claim and all witnesses;

(ii) A statement, signed by the claimant, authorizing the panel to obtain access to all medical and hospital records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court;

(iii) Not later than sixty (60) days after filing a claim, a statement, prepared and signed by an expert in the field of medical practice in which the health care provider practices, setting forth the basis for the expert's belief that the conduct is believed to constitute a malpractice claim, and the summary of grounds to support each of the expert's opinion.

(b) The claim may be amended by filing an amendment not less than fourteen (14) days prior to the hearing date.

(c) Upon receipt of a claim, the director shall cause a true copy of the claim to be served on the health care providers against whom the claim has been filed.

(d) The health care provider shall answer the claim within thirty (30) days after service and shall submit a statement authorizing the panel to inspect all medical and hospital records and information pertaining to the claim except those records which are privileged pursuant to W.S. 35‑17‑105. The answer shall be filed with the director who shall serve a copy on the claimant.

9‑2‑2908. Panel composition; selection; disqualification of panelist; multiple defendants.

(a) The panel for each claim reviewed under this act shall consist of one (1) health care provider licensed in this state, one (1) attorney licensed in this state and one (1) layperson chosen from the local jury pool. All panel members shall be residents of this state. If feasible the health care provider member of the panel shall be from the health care provider's profession or specialty.

(b) Within five (5) days of receipt, the director shall notify the state licensing agency of the health care provider involved of the filing of the claim and the state bar association and local jury pool. Within fourteen (14) days of notification, the state licensing agency and state bar shall provide the director a list of twelve (12) of their members as proposed panelists. To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the health care provider against whom the claim is made. The director shall select one (1) from the list of health care providers, one (1) from the list of attorneys to serve as panelists and one (1) layperson from the local jury pool and shall notify the parties and the panel members selected of their selection.

(d) If, within fifteen (15) days of receipt of the notice of selection of the panelists, the claimant or the health care provider against whom the claim is made files an affidavit stating his belief that a panelist selected by the director cannot be impartial in reviewing the claim, the panel member is disqualified, and the director shall select another from the list. Each party may disqualify not more than three (3) panel members under this subsection.

(e) The director may excuse a panelist from serving if the panelist feels his presence on the panel would be inappropriate under the circumstances of the case.

(f) When a claim is filed against two (2) or more health care providers, the claim against each health care provider shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.

9‑2‑2909. Hearing procedure; review of decision prohibited.

(a) The director shall set a time and place for the hearing and provide notice to all parties at least thirty (30) days prior to the hearing. The proper place for hearing shall be the county in which an action is required to be brought according to W.S. 1‑5‑101 through 1‑5‑109. The hearing date shall not be more than one hundred twenty (120) days after the director receives the claim unless the director or panel finds good cause to delay the hearing. At least fifteen (15) days before the hearing the director shall provide each panel member copies of all claims, briefs, records and other documents the director considers necessary.

(b) The hearing shall be conducted in accordance with rules and regulations promulgated by the director. The hearing shall be informal, and the Wyoming Rules of Evidence and, except as specified in this act, the Wyoming Administrative Procedure Act do not apply. No decision of the director or the panel is subject to review in a court. A record of the hearing shall be made. The panel may not call witnesses.

(c) The panel may take the case under advisement or may request that additional facts, records or other information be obtained and presented to it at a supplemental hearing, which shall be set for a date not later than thirty (30) days from the date of the original hearing unless the parties consent in writing to a longer period.

9‑2‑2910. Panel deliberations and decision; decision not binding.

(a) Upon consideration of all the relevant material, the panel shall determine whether there is:

(i) Substantial evidence that the acts complained of occurred and that they constitute malpractice; and

(ii) A reasonable probability that the patient was injured as a result of the acts complained of.

(b) The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of the panel and shall be signed by the chairman. The director shall not cast a vote.

(c) The decision of “potential malpractice” or “no potential malpractice” shall be in writing and forwarded to the director who shall serve copies on the parties. A copy of the decision shall be sent to the health care provider's state licensing board.

(d) The panel's decision is not binding upon any party.

9‑2‑2911. Record of panel proceedings; privilege.

(a) The director shall maintain records of all proceedings before the panel, which shall include the nature of the act or omissions alleged in the claim, a brief summary of the evidence presented and the decision of the panel.

(b) No panel member may be called to testify in any proceeding concerning the deliberations, discussions, decisions and internal proceedings of the panel.

9‑2‑2912. Panel funding; expenditures.

The panel shall be funded by budget appropriations from the general fund of the state.

9‑2‑2913. Filing of medical malpractice claims.

If a claim is filed in a court of competent jurisdiction, a copy of the decision shall be filed by the claimant with the complaint upon filing of that claim and shall be read as part of the jury instructions or the court’s opening instructions.

Section 2. W.S. 9‑2‑1501 through 9‑2‑1512 are repealed.

Section 3. There is appropriated from the general fund to the medical review panel five hundred thousand dollars ($500,000.00) or as much thereof as necessary to carry out the purposes of this act.

Section 4. This act is 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.".

Pages 2 through 15 Delete.

Page 16–lines 1 through 14 Delete. JENNINGS

HB0112S2001/AE

[TO ENGROSSED COPY]

Page 4–line 20 After "weeks in" strike "the".

Page 4–line 21 Strike "county newspaper" insert "a legal newspaper of general circulation". PECK

HB0175SS001/AE

[TO ENGROSSED COPY]

Page 1-line 3 Delete "increasing assistance levels and".

Page 1-line 4 Delete "allowing for annual adjustments;".

Page 1-line 9 Delete ", 42-2-103(e)(iii)".

Page 2-lines 14 thru 22 Delete.

Page 3 Delete.

Page 4-lines 1 thru 5 Delete.

Page 6-line 9 Delete "During the summer" insert "From the end of the spring semester to the beginning of the fall semester". SCOTT, CHAIRMAN

HB0195SS001/AE

[TO ENGROSSED COPY]

Page 2-lines 9 through 13Delete and renumber.

Page 2-line 15 Delete "3" insert "2". GEIS, CHAIRMAN

HB0223SS001/ACE CORRECTED

(CORRECTED COPY)

[TO ENGROSSED COPY]

Page 1–line 4 After "position;" insert "requiring reports;".

Page 2–line 19 After "information" insert "which shall include copies of or links to Cochrane collaboration systematic reviews or other similar sources relevant to this subject".

Page 2–after line 23Insert and renumber:

"Section 2. The department shall report to the joint labor, health and social services interim committee and the joint appropriations interim committee by December 1, 2005 on its progress in implementing the program described in Section 1 and by December 1, 2006 and December 1, 2007 on the benefits generated by the program.".

Page 3–line 1 Delete "2" insert "3".

Page 3–line 3 Delete "All".

Page 3–lines 4 through 7Delete.

Page 3–line 8 Delete line through "biennium.".

Page 3–line 12 Delete "3" insert "4". SCOTT, CHAIRMAN

HB0243SS001/AE

[TO ENGROSSED COPY]

Page 2-line 1 After "Wyoming" insert "for up to ten (10) semesters"; after "college" insert "for up to six (6) semesters".

Page 2-line 2 Delete "for up to ten (10) semesters".

Page 2-line 3 Delete "under the age of twenty-two (22) years".

Page 2-line 7 After "Wyoming." insert "If the surviving dependent first enrolls in a community college and then transfers to the University of Wyoming, the free tuition and fees shall continue until the dependent has completed a cumulative total of ten (10) semesters at the community college and the university. In order to qualify for the benefit under this section, a surviving dependent shall be under twenty-two (22) years of age at the time of the death of the parent or other person responsible for the support of that dependent.".

Page 2-line 16 Delete "name" insert "eligibility". COE, CHAIRMAN

HB0253SS001/AE

[TO ENGROSSED COPY]

Page 4-line 2 After "(b)" delete balance of line and insert: "Following award of a contract under subsection (a) of this section, the department may, upon a demonstration of good cause shown by the contractor, excuse the contractor from the requirement that not less than ten percent (10%) of the labor hours on a specific project be performed by apprentices.".

Page 4-lines 3 thru 24 Delete.

Page 7-line 10 Delete "July" insert "January". HAWKS, CHAIRMAN

HB0277SS001/AE

[TO ENGROSSED COPY]

Page 2-line 12 Delete "July 1, 2005" insert "immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution". HAWKS, CHAIRMAN

HB0314SS001/AE

[TO ENGROSSED COPY]

Page 1-line 6 After "position;" insert "providing a reporting requirement;".

Page 4-after line 22Insert and renumber:

"(c) The supreme court shall report each year on or before November 1 to the joint judiciary interim committee and the joint appropriations interim committee on the results of the program authorized by this section including the number of cases and the amount of moneys expended for reimbursements and the amounts of matching moneys from participating counties.".

HANES, CHAIRMAN

SF0129JC01/A

TO ENGROSSED COPY

Adopt the following House amendments:

SF0129H2002/AE

Delete the following House amendments:

SF0129HS001/AE

SF0129HW001/AE

SF0129H2001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 2 Delete "providing a definition;".

Page 1-line 9 Delete "; "peep" defined".

Page 1-line 15 Delete ":".

Page 2-lines 1 through 7 Delete entirely and insert:

"looking in a clandestine, surreptitious, prying or secretive nature into an enclosed area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:".

Page 2-line 9 Delete "(A)" insert "(i)".

Page 2-line 11 Delete "(B)" insert "(ii)".

Page 2-line 13 Delete "(C)" insert "(iii)".

Page 2-line 15 Delete "(D)" insert "(iv)".

Page 2-line 19 After "he" insert ":".

Page 2-line 20 Before "commits" insert "(i)".

Page 2-line 23 Delete "type of video" insert "image"; delete "." insert "; or".

Page 2-After line 23Insert:

"(ii) Uses a camera, video camera or any other image recording device for the purpose of observing, viewing, photographing, filming or videotaping another person under the clothing being worn by the other person where that other person has not consented to the observing, viewing, photographing, filming or videotaping.".

Page 3-lines 1 through 4 Delete entirely.

Page 3-line 6 After "effective" delete balance of line.

Page 3-lines 7 through 9 Delete entirely and insert "July 1, 2005.". ROSS, VASEY, JOHNSON, BUCHANAN, GINGERY, OLSEN