TITLE 35 - PUBLIC HEALTH AND SAFETY

 

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - IN GENERAL

 

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.

 

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.

 

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.

 

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.

 

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

 

 

(a)� Any person, corporation or other organization and each representative thereof, who:

 

(i)� Shall wilfully 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; or

 

(ii)� Repealed by Laws 1982, ch. 75, � 5.

 

(iii)� 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, shall fail to make or file such reports as required by law or requirement of the department; or who,

 

(iv)� 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

 

(v)� Shall wilfully and falsely make or alter any certificate or certified copy thereof issued pursuant to public health laws of Wyoming; or

 

(vi)� Shall 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 who,

 

(vii)� Being the owner or occupant of private property upon which there shall exist a nuisance, source of filth or cause of sickness, shall wilfully fail to remove the same at his own expense within forty-eight (48) hours after being ordered to do so by health authorities.

 

(b)� Upon conviction, shall be fined not to exceed one hundred dollars ($100.00) or imprisonment not to exceed six (6) months, or shall be both so fined and imprisoned, and in addition to such fine and imprisonment shall be liable for all expense incurred by health authorities in removing any such 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.

 

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.

 

ARTICLE 2 - DEPARTMENT OF HEALTH

 

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.

 

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.

 

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

 

 

(a)� 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:

 

(i)� Contrary to or affecting constitutional rights or privileges; or

 

(ii)� In excess of statutory authority or jurisdiction of the department, or resulting from other error or law; or

 

(iii)� Made or promulgated upon unlawful procedure; or

 

(iv)� Unsupported by substantial evidence in view of the entire record as submitted; or

 

(v)� Arbitrary or capricious.

 

(b)� Any party may have a review of the final judgment or decision of the district court by appeal to the supreme court of Wyoming.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

35-1-228.� Repealed by Laws 1991, ch. 221, � 3.

 

 

35-1-229.� Rules and regulations.

 

 

(a)� 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.

 

(b)� 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.

 

35-1-240.� Powers and duties.

 

(a)� 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:

 

(i)� To exercise in Wyoming, all the rights and powers and perform all duties hereunder;

 

(ii)� 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;

 

(iii)� 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;

 

(iv)� To close theaters, schools and other public places, and to forbid gatherings of people when necessary to protect the public health;

 

(v)� To abate nuisances when necessary for the protection of the public health;

 

(vi)� 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;

 

(vii)� 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;

 

(viii)� To regulate the disposal, transportation, interment and disinterment of the dead;

 

(ix)� 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;

 

(x)� To make, approve, and require standard diagnostic tests and to prepare, distribute and require the completion of forms of certificates with respect thereto;

 

(xi)� 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;

 

(xii)� 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;

 

(xiii)� To certify, inspect and exercise sanitary control over hospitals, sanitoriums, convalescent homes, maternity homes, asylums, and other similar institutions;

 

(xiv)� To establish standards and make sanitary, sewerage and health inspections for charitable, penal and other state and county institutions;

 

(xv)� 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;

 

(xvi)� 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;

 

(xvii)� To disseminate public health information;

 

(xviii)� 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;

 

(xix)� To advise the director of the department about public health issues, programs and policies for the state;

 

(xx)� 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;

 

(xxi)� 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;

 

(xxii)� Administer the Wyoming physician recruitment grant program provided in W.S. 35-1-1101.

 

(b)� In carrying out duties prescribed under paragraphs (a)(ii) and (vii) of this section, the department shall:

 

(i)� 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;

 

(ii)� 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.

 

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

 

(a)� The state health officer in consultation with the appropriate county coroner, during the period that a public health emergency exists, may:

 

(i)� 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;

 

(ii)� Take possession or control of any corpse;

 

(iii)� 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;

 

(iv)� 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� As used in this section "public health emergency" means as defined by W.S. 35-4-115(a)(i).

 

ARTICLE 3 - COUNTY, MUNICIPAL AND DISTRICT HEALTH DEPARTMENTS

 

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

 

 

(a)� For the purposes of this act, 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

35-1-302.� Organization of units.

 

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

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

 

(a)� 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.

 

(b)� 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:

 

(i)� Any moneys that may be appropriated from the general county fund or funds;

 

(ii)� Any moneys received from state, federal or other grants or donations for local health purposes;

 

(iii)� Any moneys received from mill levies authorized by this act.

 

(c)� 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.

 

(d)� 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.

 

(e)� 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.

 

(f)� A tax levy may be made by the board of county commissioners specifically for the public health purposes on assessed valuation.

 

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

 

(a)� 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. 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.

 

(i)� Repealed By Laws 2001, Ch. 127, � 2.

 

(ii)� Repealed By Laws 2001, Ch. 127, � 2.

 

(iii)� Repealed By Laws 2001, Ch. 127, � 2.

 

(iv)� Repealed By Laws 2001, Ch. 127, � 2.

 

(v)� Repealed By Laws 2001, Ch. 127, � 2.

 

(b)� All moneys collected hereunder shall be paid directly to the city or county treasurer and placed in the corresponding health department fund.

 

(c)� 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).

 

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

 

(a)� 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. 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� Each public health nurse, sanitarian, and such other professional public health personnel appointed under the provisions of this act 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.

 

(e)� 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.

 

(i)� Repealed By Laws 2001, Ch. 127, � 2.

 

(ii)� Repealed By Laws 2001, Ch. 127, � 2.

 

(iii)� Repealed By Laws 2001, Ch. 127, � 2.

 

(iv)� Repealed By Laws 2001, Ch. 127, � 2.

 

(v)� Repealed By Laws 2001, Ch. 127, � 2.

 

(f)� 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.

 

(g)� 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.

 

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.

 

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.

 

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

 

 

(a)� 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 as though it were originally a part of the district.

 

(b)� 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.

 

ARTICLE 4 - VITAL RECORDS

 

35-1-401.� Definitions.

 

(a)� As used in this act:

 

(i)� "Vital records" means records of birth, death, stillbirth, marriage, divorce and data relating thereto;

 

(ii)� "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;

 

(iii)� "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;

 

(iv)� "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;

 

(v)� "Live birth" means the complete expulsion or extraction from its mother 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;

 

(vi)� "Stillbirth" means a birth after twenty (20) completed weeks gestation in which the child shows no evidence of life after complete birth;

 

(vii)� "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;

 

(viii)� "Final disposition" means the burial, interment, cremation, or other disposition of a dead body or stillbirth;

 

(ix)� "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;

 

(x)� "Physician" means a person authorized or licensed to practice medicine as provided in W.S. 33-26-101 through 33-26-601;

 

(xi)� "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.

 

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.

 

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.

 

35-1-404.� Duties of state registrar.

 

 

(a)� The state registrar shall:

 

(i)� Make, promulgate and enforce all necessary rules and regulations for carrying out the purpose of this act;

 

(ii)� Receive, index and statistically compile the returns of births, deaths, stillbirths, marriages and divorces from the entire state;

 

(iii)� Prescribe and distribute such forms as are required by this act and the rules and regulations issued hereunder;

 

(iv)� 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;

 

(v)� Submit to the governor an annual report of the administration of this act;

 

(vi)� Keep a correct account of all fees received and turn the same over to the state treasurer as provided by law;

 

(vii)� 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;

 

(viii)� Investigate all of the cases of irregularity or violation of this act and any regulations.

 

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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

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

 

 

(a)� Each local registration official shall serve as an agent of the state registrar in his district and shall:

 

(i)� Register only births, stillbirths and deaths that occur in his district;

 

(ii)� Examine certificates, record them in his register, numbering each in order of filing;

 

(iii)� Issue burial and removal permits for properly filed death certificates;

 

(iv)� 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;

 

(v)� See that the provisions of this act 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;

 

(vi)� 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.

 

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

 

 

(a)� 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).

 

(b)� The fee will be paid annually by the county commissioners upon the presentation of a proper claim approved by the state registrar.

 

(c)� No compensation shall be paid under this section to any full-time employee of a state or local unit of government.

 

35-1-409.� Form of certificates.

 

(a)� 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 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.

 

(b)� Each certificate, report and form required to be filed under this act shall have entered upon its face the date of registration duly attested.

 

35-1-410.� Birth registration.

 

(a)� 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.

 

(b)� 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.

 

(c)� 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:

 

(i)� The physician in attendance at or immediately after the birth, or in the absence of such a person;

 

(ii)� Any other person in attendance at or immediately after the birth; or

 

(iii)� 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.

 

(d)� For purposes of birth registration, unless a court of competent jurisdiction orders otherwise at any time, the woman who gives birth to the child shall be deemed the mother.

 

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

 

(a)� 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:

 

(i)� Paternity has been determined otherwise by a court of competent jurisdiction; or

 

(ii)� 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

 

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

 

 

(a)� 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:

 

(i)� Date of finding or assumption of custody;

 

(ii)� Place of finding or assumption of custody;

 

(iii)� Sex;

 

(iv)� Color or race;

 

(v)� Approximate age;

 

(vi)� Name and address of the person or institution with whom the child has been placed for care, if any;

 

(vii)� Name given to the child by the finder or custodian; and

 

(viii)� Other data required by the state registrar.

 

(b)� 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 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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

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.

 

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

 

 

(a)� If a delayed certificate of birth is rejected under the provisions of this act, 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:

 

(i)� The person for whom a delayed certificate of birth is sought was born in this state;

 

(ii)� No record of birth of such person can be found in the office of the state or local custodian of birth records;

 

(iii)� Diligent efforts by the petitioner have failed to obtain the evidence required in accordance with this act;

 

(iv)� The state registrar of vital records has refused to register a delayed certificate of birth; and

 

(v)� Such other allegations as may be required.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

(e)� 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.

 

35-1-416.� Court reports of adoption.

 

 

(a)� For each adoption of a child born in this state, 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 state registrar shall also be furnished a certified copy of adoption decree.

 

(b)� 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.

 

(c)� Not later than the fifth day of each calendar month the clerk of court shall forward to the state registrar of vital records, records of decrees of adoption, annulment or amendment thereof entered in the preceding month together with such related reports as the state registrar shall require.

 

(d)� 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.

 

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

 

(a)� 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:

 

(i)� 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;

 

(ii)� A request that a new certificate be established and such evidence as required by regulation proving such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person, or that both parents have acknowledged the paternity of such person.

 

(b)� 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.

 

(c)� 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.

 

(d)� Repealed By Laws 2003, Ch. 93, � 3.

 

(e)� 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.

 

(f)� 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.

 

(g)� Repealed By Laws 2003, Ch. 93, � 3.

 

35-1-418.� Death registration.

 

 

(a)� 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:

 

(i)� 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

 

(ii)� 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.

 

(b)� 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.

 

(c)� The medical certification shall be completed and signed within a reasonable time after death by the physician 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 physician 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. The coroner or local health officer shall complete and sign the medical certification within a reasonable time after taking charge of the case.

 

35-1-419.� Stillbirth registration.

 

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

35-1-420.� Permits.

 

 

(a)� 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. 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.

 

(b)� 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.

 

(c)� 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.

 

35-1-421.� Extension of time.

 

 

(a)� The department of health may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this act, 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.

 

(b)� 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.

 

35-1-422.� Marriage registration.

 

 

(a)� 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.

 

(b)� 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.

 

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.

 

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

 

 

(a)� A certificate or record registered under this act 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� After one (1) year no correction shall be made on the face of the certificate.

 

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.

 

35-1-426.� Disclosure of records.

 

(a)� 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.

 

(b)� The department of health may authorize the disclosure of data contained in vital records for research purposes.

 

(c)� 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.

 

(d)� 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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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 or regulations adopted hereunder.

 

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

 

(a)� 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.

 

(b)� 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 into the Wyoming children's trust fund established under W.S. 14-8-106. 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).

 

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

 

 

(a)� Every person in charge of an institution as defined in this act 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

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.

 

35-1-431.� Penalties.

 

 

(a)� Any person who willfully and knowingly: (i) makes any false statement in a report, record, or certificate required to be filed under this act, 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.

 

(b)� 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.

 

ARTICLE 5 - INDUSTRIAL HEALTH SERVICE

 

35-1-501.� Short title.

 

This act shall be cited as the Industrial Health Service Act of 1945.

 

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.

 

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.

 

ARTICLE 6 - COMMUNITY HUMAN SERVICES

 

35-1-601.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-602.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-603.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-604.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-605.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-606.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-607.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-608.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-609.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-610.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-1-611.� Short title.

 

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

 

35-1-612.� Purpose.

 

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.

 

35-1-613.� Definitions.

 

(a) �As used in this act:

 

(i)� "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;

 

(ii)� "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;

 

(iii)� "Department" means the department of health;

 

(iv)� "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;

 

(v)� "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;

 

(vi)� "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;

 

(vii)� "Substance" means alcoholic beverages and other drugs;

 

(viii)� "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;

 

(ix)� "Client" means any individual receiving services from a human service program authorized under this act;

 

(x)� "Crisis services for victims of family violence and sexual assault" means emergency intervention, information, referral services and medical, legal and social services advocacy;

 

(xi)� "Sexual assault" means any act made criminal under W.S. 6-2-302 through 6-2-304 and 6-4-402;

 

(xii)� "Family violence" means domestic abuse as defined by W.S. 35-21-102(a)(iii);

 

(xiii)� "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;

 

(xiv)� "This act" means W.S. 35-1-611 through 35-1-627.

 

35-1-614.� Counties, school districts and cities may contract for human services programs; counties may establish community boards.

 

 

(a)� 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.

 

(b)� 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.

 

(c)� A school district may contract with private or public agencies to provide human services programs for school age children.

 

(d)� 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.

 

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

 

 

(a)� A community board is an agency of the county government.

 

(b)� A county which establishes or agrees to establish a community board, or community boards may appropriate funds for human services programs.

 

(c)� 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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

(e)� Vacancies shall be filled for unexpired terms in the same manner as original appointments.

 

(f)� 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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

35-1-618.� Community boards; powers.

 

 

(a)� For each human services program authorized by the county commissioners the community boards may contract with a local public or private nonprofit provider or:

 

(i)� Appoint a director whose qualifications meet the standards fixed by the division;

 

(ii)� Prescribe the director's duties and fix his compensation;

 

(iii)� 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;

 

(iv)� Contract for facilities or support services;

 

(v)� Accept donations of money or property; and

 

(vi)� Expend funds for the purposes and programs of the community board, including necessary capital construction, as authorized by the county commissioners.

 

35-1-619.� Community boards; duties.

 

 

(a)� Subject to this act, a community board shall:

 

(i)� Review and evaluate human services programs operating within its jurisdiction;

 

(ii)� 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;

 

(iii)� 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

 

(iv)� Insure that clients are charged fees for services promulgated by the division.

 

35-1-620.� Powers and duties of department and its divisions.

 

 

(a)� The department through its divisions may:

 

(i)� 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;

 

(ii)� 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.

 

(b)� The department shall:

 

(i)� 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;

 

(ii)� Prescribe standards for the quality of human services programs which provide state purchased services under this act;

 

(iii)� 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;

 

(iv)� 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;

 

(v)� 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;

 

(vi)� 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;

 

(vii)� Prescribe procedures to ensure that programs providing state purchased services provide for the confidentiality of patient records; and

 

(viii)� 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.

 

35-1-621.� All state funds for human services contracted to department; federal and private funding not affected.

 

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).

 

35-1-622.� Department; budget requests; purchase of service contracts; local match.

 

(a)� The department's budget request shall recommend:

 

(i)� 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;

 

(ii)� 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

 

(iii) �The quality of services that the division shall purchase.

 

(b)� 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%).

 

35-1-623.� Contracts; reports; regular payments; termination.

 

 

(a)� Every contract awarded pursuant to this act shall require:

 

(i)� The program provider to submit annual financial and expenditure reports to the department;

 

(ii)� The division to make regular payments to the program provider based on the services provided;

 

(iii)� Compliance with W.S. 18-3-516(e).

 

(b)� 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.

 

35-1-624.� Contracts with private agencies; eligibility.

 

 

(a)� To be eligible to contract with the department, a private agency shall:

 

(i)� Have as its primary purpose the provision of human services programs;

 

(ii)� Be chartered under the laws of the state of Wyoming;

 

(iii)� Provide at least one (1) human services program which serves the residents of at least one (1) county;

 

(iv)� Appoint a director whose qualifications meet the standards fixed by the division and prescribe his duties; and

 

(v)� 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.

 

35-1-625.� Protection of clients' rights.

 

 

(a)� Every contract awarded under this act shall require the program provider to guarantee the clients' rights to:

 

(i)� An individualized plan of appropriate services which provides for the least restrictive treatment that may reasonably be expected to benefit the client;

 

(ii)� Send and receive sealed mail;

 

(iii)� 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;

 

(iv)� Be free from physical restraints and isolation except for emergency situations or when isolation or restraint is a part of a treatment program;

 

(v)� Be free from unnecessary or excessive medication;

 

(vi)� Make and receive telephone calls within reasonable limits;

 

(vii)� Receive visitors daily; and

 

(viii)� Be informed orally and in writing of the rights under this section at the time of admission.

 

(b)� Every contract awarded under this act shall require the program provider to:

 

(i)� Post copies of this section conspicuously in each client area;

 

(ii)� Make copies of this section available to the client's guardian or immediate family.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

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 and the director of the state department of audit upon completion. The director of the state department of audit shall adopt rules for audits and 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.

 

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

 

(a)� 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:

 

(i)� Establish criteria for eligibility for respite care services which shall include consideration of:

 

(A)� 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;

 

(B)� Family income;

 

(C)� Family expenses, including those related to care of the individual with a developmental disability;

 

(D)� Reasonable payment by the family for respite care services provided.

 

(ii)� 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;

 

(iii)� Promulgate rules and regulations necessary for the administration of the program.

 

(b)� As used in this section:

 

(i)� "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:

 

(A)� Self-care;

 

(B)� Receptive and expressive language;

 

(C)� Learning;

 

(D)� Mobility;

 

(E)� Self-direction;

 

(F)� Capacity for independent living; and

 

(G)� Economic self-sufficiency.

 

(ii)� "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.

 

ARTICLE 7 - SCHOOL HEALTH

 

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.

 

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.

 

ARTICLE 8 - EMERGENCY MEDICAL SERVICES AND TRAUMA SYSTEM

 

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.� The department shall report annual progress on the system to the legislature.

 

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

 

 

(a)� The department of health shall designate within the state trauma areas consistent with local resources, geography and current patient referral patterns.

 

(b)� Each trauma area shall have:

 

(i)� Medical control for all field care and transportation consistent with geographic and current communications capability;

 

(ii)� Specified triage protocols;

 

(iii)� Hospitals categorized according to existing standards of the department.

 

(c)� On and after July 1, 1993, the department may designate trauma system hospitals in areas that meet state objectives and standards.

 

(d)� On or after July 1, 1994, the department may implement area trauma system plans.

 

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.

 

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.

 

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.

 

ARTICLE 9 - MEDICAL MALPRACTICE INSURANCE ASSISTANCE ACCOUNT

 

35-1-901.� Definitions.

 

(a)� As used in this article:

 

(i)� "Account" means the medical malpractice insurance assistance account;

 

(ii)� "Claims made" when describing an insurance policy or coverage means insuring against liability on those claims brought against the insured only during the term of the policy or coverage;

 

(iii)� "Contracting entity" means an entity which contracts with a Wyoming licensed health care facility to provide physician services to the facility and which in fulfillment of such a contract procures medical malpractice insurance for physicians providing the contracted services;

 

(iv)� "Department" means the department of health;

 

(v)� "Director" means the director of the department of health;

 

(vi)� "Physician" means a person licensed under W.S. 33-26-303.

 

35-1-902.� Medical malpractice insurance assistance account; creation; duties of the department; requirements for assistance; breach.

 

(a)� There is created a medical malpractice insurance assistance account.� Funds within the account shall be used by the department for purposes of this article.

 

(b)� The department shall:

 

(i)� Develop and make available application forms for assistance under this article;

 

(ii)� Develop and enter into contracts with physicians as provided in this article;

 

(iii)� Administer the account; and

 

(iv)� Exercise all powers necessary to implement this article, including adopting rules.

 

(c)� Any physician who is licensed and practicing in the state may apply to the department for a loan to pay a physician's medical malpractice insurance premiums as provided in this section.� The physician shall establish:

 

(i)� That he previously was insured for medical malpractice for prior events and those events are not eligible for coverage under the prior claims made policy because the period for making a claim under the policy has expired; and

 

(ii)� Current coverage by the insurer providing the coverage referenced in paragraph (i) of this subsection is no longer available due to either the insolvency of the insurer or the withdrawal of the insurer from the medical malpractice insurance market in the state; and either

 

(A)� The physician has procured or, upon a determination of eligibility under this subsection, will procure coverage from his previous insurer for prior events not covered due to the expiration of the period for making claims; or

 

(B)� He has procured or, upon a determination of eligibility under this subsection, will procure a subsequent medical malpractice policy covering prior events.

 

(d)� Upon approval of the application for assistance, the physician shall enter into a contract with the state, wherein the physician shall agree:

 

(i)� To practice in this state in his area of medical specialty or subspecialty for a minimum of three (3) years;

 

(ii)� To provide medical care during that three (3) year period to Wyoming residents qualified under the Wyoming Medical Assistance and Services Act or the Child Health Insurance Program established under W.S. 35-25-101 who are seeking medical care which the physician is qualified to provide;

 

(iii)� To submit documentation to establish that the physician has complied with the terms of the contract and to determine the amount of the loan that should be made;

 

(iv)� To repay any loans made, within five (5) years from the date of disbursement of loan proceeds, together with interest at the annual rate as determined by the state treasurer at an annual rate equal to the average prime interest rate during the preceding fiscal year plus one percent (1%).� To determine the average prime interest rate, the state treasurer shall average the prime interest rate for at least seventy-five percent (75%) of the thirty (30) largest banks in the United States.� The interest rate shall be adjusted on January 1 of each year; and

 

(v)� To immediately repay all funds loaned to the physician pursuant to this section, together with accrued interest, attorney fees and costs incurred in collection, if the physician breaches the contract during the three (3) year period.

 

(e)� Any contracting entity shall be eligible to receive a loan under this section to the same extent as an individual physician.� The contracting entity shall be required to establish that for the physicians whose services the entity provides, the entity has procured insurance which meets the requirements specified in subsection (c) of this section.� The contracting entity shall be further required to contract with the state agreeing to meet the requirements of paragraphs (d)(iii) through (v) of this section, with the entity agreeing to meet the requirements imposed upon individual physicians.� The contracting entity shall also agree that each physician providing services within Wyoming who is within its contracting group shall meet the provision of service requirements of paragraphs (d)(i) and (ii) of this section, with the duration being modified to a period of the lesser of the time the physician is a member of the contracting entity's group or three (3) years.

 

(f)� At the times specified in the contract but in no event less than once per year, the physician or the contracting entity receiving a loan under this section shall submit documentation to the department showing compliance with the terms of the contract.� The amount of loan to be made shall be the amount applied for but not to exceed the premium for coverage purchased by the individual physician or the contracting entity under subparagraph (c)(ii)(A) or (B) of this section and shall be prorated for the percentage of the physician's or the contracting entity's actual practice in Wyoming. The department may approve the making of the loan upon its determination of compliance with this section.� Loan proceeds shall not be disbursed until the physician or contracting entity has purchased or will immediately purchase the required coverage.

 

(g)� In addition to any other civil or criminal penalties that may be imposed by law, any physician or contracting entity who fails or refuses to fulfill the terms of the contract required under subsection (c) of this section shall be in breach of the contract.� The department may obtain the assistance of the attorney general to recoup the amount of loan and interest due under the contract, together with attorney fees and other costs of collection.

 

(h)� The loan amounts and the name of a physician or contracting entity receiving loans under this section shall be a public record.� Any other information used by the department in determining loans to physicians or contracting entities, including all information submitted to the department by a physician or contracting entity, under this article which is not already a matter of public record is confidential and is not a public record under W.S. 16-4-201 through 16-4-205.

 

(j)� No loan shall be made under this section unless the physician or contracting entity has completed and submitted an application to the department on or before March 30, 2007.

 

35-1-903.� Assistance for risk retention group participation; duties of the department; requirements for assistance; breach.

 

(a)� Any physician who is licensed and practicing in the state may apply to the department for a loan to be used to pay the cost of the physician's participation in a risk retention group, of which the majority of ownership interest is held by Wyoming physicians, providing medical malpractice insurance coverage.� Upon approval of the application for a loan, the physician shall enter into a contract with the state, wherein the physician shall agree:

 

(i)� To practice in the area of medical specialty or subspecialty for the entire period of time for which the loan under this section remains unpaid;

 

(ii)� To provide medical care, for the entire period of time the loan under this section remains unpaid, to Wyoming residents qualified under the Wyoming Medical Assistance and Services Act or the Child Health Insurance Program established under W.S. 35-25-101 who are seeking medical care which the physician is qualified to provide;

 

(iii)� To submit documentation to establish that the physician has complied with the terms of the contract and to determine the amount of the loan that should be provided under this section;

 

(iv)� To provide the state with a security interest in the physician's membership or shareholder interest in the risk retention group;

 

(v)� To repay any loans made under this section within ten (10) years from the date of disbursement of loan proceeds, together with interest as determined by the state treasurer at an annual rate equal to the average prime interest rate during the preceding fiscal year plus one percent (1%).� To determine the average prime interest rate, the state treasurer shall average the prime interest rate for at least seventy-five percent (75%) of the thirty (30) largest banks in the United States.� The interest rate shall be adjusted on January 1 of each year; and

 

(vi)� To immediately repay all funds distributed to the physician pursuant to this section, together with attorney fees and costs incurred in collection, for any contract period in which the physician is in breach of the contract.

 

(b)� At the times specified in the contract but in no event less than once per year, the physician shall submit documentation to the department showing compliance with the terms of the contract.� The amount of loan to be made shall be the amount applied for but not to exceed one hundred fifty percent (150%) of the physician's most recent annual malpractice insurance premium.� The amount shall also be prorated for the percentage of the physician's actual practice in Wyoming.� The department may approve the making of the loan upon its determination of compliance with this section.� Loan proceeds shall not be disbursed until the physician has paid or immediately will pay for his participation in the risk retention group.

 

(c)� If funding available from the account is insufficient to pay assistance for all physicians who apply for assistance under this article, the department may at its discretion reduce the payments to pay each eligible physician a pro rata amount.

 

(d)� Any physician who fails or refuses to fulfill the terms of the contract required under subsection (a) of this section shall be in breach of the contract.� Loans under this section shall be subject to the provisions of W.S. 35-1-902(g) and (h).

 

(e)� No loan shall be made under this section unless the physician has completed and submitted an application to the department on or before March 30, 2007.

 

ARTICLE 10 - WYOMING CRITICAL ACCESS/RURAL HOSPITAL ENDOWMENT CHALLENGE PROGRAM

 

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

 

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

 

35-1-1002.� Definitions.

 

(a)� As used in this article:

 

(i)� "Challenge account" means the critical access or rural hospital endowment challenge account created under this article;

 

(ii)� "Critical access or rural hospital" means:

 

(A)� 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

 

(B)� 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.

 

(iii)� "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:

 

(A)� The gift was received or the transfer occurred during the period July 1, 2007, through June 30, 2012; or

 

(B)� 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, 2012, and the gift was received or the transfer occurred not later than June 30, 2013.

 

(iv)� "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;

 

(v)� "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.

 

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

 

(a)� The Wyoming critical access or rural hospital endowment challenge account is created and shall consist of separate accounts, one (1) account for each Wyoming critical access or rural hospital.

 

(b)� 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.

 

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

 

(a)� 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.

 

(b)� 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.�

 

(c)� 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.

 

(d)� 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).

 

(e)� 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.

 

(f)� 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.

 

(g)� 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.

 

(h)� 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, 2014.

 

(j)� 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.

 

ARTICLE 11 - PHYSICIAN RECRUITMENT GRANT PROGRAM

 

35-1-1101.� Physician recruitment grant program.

 

(a)� There is created the Wyoming physician recruitment program administered by the department.

 

(b)� There is created the Wyoming physician recruitment account.� Funds in the account are continuously appropriated to the department to provide grants for physician recruitment.� Up to ten percent (10%) of the funds may be used to advertise the physician recruitment program.

 

(c)� In July of each year, the department shall solicit physician recruitment applications from hospitals, physicians and others seeking to recruit physicians.� The applications shall be prioritized by need based on geographic area, then by medical need within the geographic area.� A priority shall be given to recruitment to private physician practice.� In September of each year, the department shall issue award letters to the persons or entities receiving grant authorizations.� 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 and W.S. 9-2-118 to a candidate, conditioned upon Wyoming licensure and the candidate's signed written agreement to the conditions of this section and W.S. 9-2-118.

 

(d)� The department shall promulgate rules and regulations to administer the program, including provisions for:

 

(i)� Application forms for grants under the program;

 

(ii)� Termination of grants and full or partial repayment if a physician 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;

 

(iii)� Reporting requirements for grant recipients.

 

(e)� Grants provided under this section shall be subject to the following:

 

(i)� The physician shall be recruited to a stipulated geographic area;

 

(ii)� A practitioner shall relocate his practice to the state of Wyoming from outside of the state to be eligible for a grant.� Practitioners relocating to the state of Wyoming to become employed by the state or by the United States shall not be eligible for grants.� This paragraph shall not apply to physicians taking a family practice residency in the state or physicians employed by the United States department of defense;

 

(iii)� The recruitment conditions between the hospital and the physician shall meet the conditions set forth in 42 C.F.R. 411.357(e), as amended September 5, 2007;

 

(iv)� Recruitment of new physicians 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;

 

(v)� All recruitment incentives shall be in writing and shall be reported on federal income tax forms;

 

(vi)� The recruited physician 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 he shall repay any monies granted under this section to the state of Wyoming plus interest at the rate of ten percent (10%) per annum;

 

(vii)� The recruited physician 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 he shall repay any monies granted under this section to the state of Wyoming plus interest at the rate of ten percent (10%) per annum;

 

(viii)� Costs reimbursed through grants under the program may include:

 

(A)� As incentive to the physician recruitment process, recruitment actual costs, up to ten thousand dollars ($10,000.00) per recruited physician, may be reimbursed to the successful recruiting person or entity paying those costs;

 

(B)� Relocation expenses, not to exceed twenty thousand dollars ($20,000.00);

 

(C)� Malpractice insurance premium for two (2) years, not to exceed ten thousand dollars ($10,000.00) per year;

 

(D)� Signing bonuses not to exceed thirty thousand dollars ($30,000.00).

 

(ix)� Agreements between the department and physicians pursuant to W.S. 9-2-118 may be coordinated with grants and incorporated into grant agreements pursuant to this section; and

 

(x)� The department in administering the program shall attempt to issue at least one-half (1/2) of all grants for physicians whose practice in Wyoming is in connection with a for-profit business enterprise.

 

(f)� As used in this section:

 

(i)� "Department" means the department of health;

 

(ii)� "Hospital" means a county memorial, rural health care district or special hospital district formed and licensed under the laws of the state;

 

(iii)� "Physician" means an individual licensed or eligible to be licensed under the laws of this state to practice medicine;

 

(iv)� "Program" means the Wyoming physician recruitment grant program;

 

(v)� "Recruiting entity" means a hospital, physician, clinic or other appropriate local organization.

 

CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTH SERVICES

 

ARTICLE 1 - IN GENERAL

 

35-2-101.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-102.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-103.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-104.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-105.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-106.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-107.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-108.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-109.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-110.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-111.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-112.� Repealed by Laws 1989, ch. 277, � 2.

 

 

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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

35-2-115.� Emergency services.

 

 

(a)� 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.

 

(b)� 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.

 

35-2-116.� Repealed by Laws 1983, ch. 63, � 2.

 

 

35-2-117.� Repealed by Laws 1983, ch. 63, � 2.

 

 

35-2-118.� Reserved.

 

 

35-2-119.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-120.� Repealed by Laws 1989, ch. 277, � 2.

 

 

35-2-121.� Repealed by Laws 1987, ch. 52, � 1.

 

 

ARTICLE 2 - NEW INSTITUTIONAL HEALTH SERVICES

 

35-2-201.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-202.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-203.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-204.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-205.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-206.� Repealed by Laws 1985, ch. 227, �� 1, 4; 1987, ch. 225, � 1.

 

 

35-2-207.� Repealed by Laws 1985, ch. 227, �� 2, 4; 1987, ch. 225, � 1.

 

 

35-2-208.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-209.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-210.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-211.� Repealed by Laws 1985, ch. 227, � 4; 1987, ch. 225, � 1.

 

 

35-2-212.� Repealed by Laws 1985, ch. 227, � 2.

 

 

35-2-213.� Repealed by Laws 1985, ch. 227, � 2.

 

 

35-2-214.� Repealed by Laws 1985, ch. 227, � 2.

 

 

ARTICLE 3 - STATE HOSPITAL AND MEDICAL FACILITIES SURVEY AND CONSTRUCTION

 

35-2-301.� Short title.

 

This act may be cited as the "State Hospital and Medical Facilities Survey and Construction Act."

 

35-2-302.� Definitions.

 

 

(a)� As used in this act:

 

(i)� "Commissioner" means the director of the state department of health. The director of the state department of health shall be, ex officio, the commissioner;

 

(ii)� "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;

 

(iii)� "The surgeon general" means the surgeon general of the public health service of the United States;

 

(iv)� "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;

 

(v)� "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;

 

(vi)� "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;

 

(vii)� "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.

 

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

 

 

(a)� The department of health shall constitute the sole agency of the state for the purpose of:

 

(i)� 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

 

(ii)� 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.

 

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

 

 

(a)� In carrying out the purposes of the act, the commissioner is authorized and directed:

 

(i)� To require such reports, make such inspections and investigations and prescribe such regulations as he deems necessary;

 

(ii)� 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;

 

(iii)� 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;

 

(iv)� To the extent that he considers desirable to effectuate the purposes of this act, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;

 

(v)� 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;

 

(vi)� 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.

 

35-2-305.� Repealed by Laws 1979, ch. 155, � 3.

 

 

35-2-306.� Disbursement of funds.

 

All claims against funds made available for the administration of this act 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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

ARTICLE 4 - HOSPITAL DISTRICTS

 

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

 

(a)� Repealed by Laws 1998, ch. 115, � 5.

 

(b)� Repealed by Laws 1998, ch. 115, � 5.

 

(c)� Repealed by Laws 1998, ch. 115, � 5.

 

(d)� 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.

 

35-2-402.� Repealed by Laws 1998, ch. 115, � 5.

 

 

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

 

(a)� 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.

 

(b)� As used in this act:

 

(i)� "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, 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;

 

(ii)� "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;

 

(iii)� "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.

 

(c)� In addition to subsection (a) of this section, each district may engage in activities authorized under W.S. 18-8-301 subject to requirements and conditions specified therein.

 

(d)� 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).

 

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

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

35-2-405.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-406.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-407.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-408.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-409.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-410.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-411.� Repealed by Laws 1980, ch. 19, � 3.

 

 

35-2-412.� Repealed by Laws 1998, ch. 115, � 5.

 

 

35-2-413.� Repealed by Laws 1998, ch. 115, � 5.

 

 

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

 

(a)� The board of trustees of special hospital districts shall administer the finances of such districts according to the provisions of the Wyoming Municipal Budget 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.

 

(b)� 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 shall not be construed as being a part of the general county mill levy.

 

(c)� 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.

 

(d)� 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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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

 

(a)� Whenever a hospital district has been established as provided by law, it may be enlarged by annexation of additional, contiguous territory within the county.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

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 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.

 

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

 

(a)� 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, and acquiring a site or sites therefor, from time to time hereafter as the trustees may determine.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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:

 

(i)� 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

 

(ii)� 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.

 

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

 

 

(a)� 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.

 

(b)� 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.

 

(c)� Securities may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both.

 

(d)� 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.

 

(e)� 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.

 

(f)� 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, 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.

 

(g)� Notwithstanding any other provision of law, the trustees in any proceedings authorizing securities hereunder:

 

(i)� May provide for the initial issuance of one (1) or more securities aggregating the amount of the entire issue or any part thereof;

 

(ii)� May make such provisions for installment payments of the principal amount of any such security as it may consider desirable;

 

(iii)� 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.

 

(h)� 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.

 

(j)� Any securities herein authorized may be executed as provided by W.S. 16-2-101 through 16-2-103.

 

(k)� 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.

 

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, such revenues being defined as those remaining after paying the costs of operating and maintaining said 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.

 

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 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.

 

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

 

(a)� 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.

 

(b)� Any hospital district may contract for design and construction services through an alternate delivery method as defined in W.S. 16-6-701.

 

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.

 

35-2-431.� Investment in securities.

 

Securities issued pursuant to this act 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.

 

35-2-432.� Refunding securities.

 

 

(a)� 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:

 

(i)� 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

 

(ii)� For the purpose of reducing interest costs or effecting other economies; or

 

(iii)� 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

 

(iv)� For the purpose of avoiding or terminating any default; or

 

(v)� For any combination thereof.

 

(b)� Nothing contained in this act 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.

 

(c)� 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.

 

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.

 

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.

 

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.

 

35-2-436.� Liberal construction.

 

This act being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.

 

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.

 

35-2-438.� Dissolution.

 

(a)� 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:

 

(i)� Payment of all bonded and other indebtedness against the district;

 

(ii)� 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.

 

(b)� 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

 

(c)� 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.

 

ARTICLE 5 - WYOMING SANITARIUM

 

35-2-501.� Repealed by Laws 1982, ch. 62, � 4.

 

 

35-2-502.� Repealed by Laws 1982, ch. 62, � 4.

 

 

35-2-503.� Repealed by Laws 1982, ch. 62, � 4.

 

 

ARTICLE 6 - HOSPITAL RECORDS AND INFORMATION

 

35-2-601.� Repealed by Laws 1991, ch. 194, � 2.

 

 

35-2-602.� Repealed by Laws 1991, ch. 194, � 2.

 

 

35-2-603.� Repealed by Laws 1991, ch. 194, � 2.

 

 

35-2-604.� Repealed by Laws 1991, ch. 194, � 2.

 

 

35-2-605.� Definitions.

 

 

(a)� As used in this act, unless the context otherwise requires:

 

(i)� "Audit" means an assessment, evaluation, determination or investigation of a hospital or a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

 

(A)� Statutory, regulatory, fiscal, medical or scientific standards;

 

(B)� A private or public program of payments to a hospital or health care provider; or

 

(C)� Requirements for licensing, accreditation or certification.

 

(ii)� "Data" means all reports, notes, findings, opinions or records of any hospital medical staff committee, including its consultants, advisors and assistants;

 

(iii)� "Directory information" means information disclosing the presence and the general health condition of a particular patient who is an inpatient in a hospital or who is currently receiving emergency health care in a hospital;

 

(iv)� "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent" or terms denoting similar conditions;

 

(v)� "Health care" means any care, service or procedure provided in a hospital licensed under the laws of this state:

 

(A)� To diagnose, treat or maintain a patient's physical or mental condition; or

 

(B)� That affects the structure or any function of the human body.

 

(vi)� "Health care facility" means a hospital, clinic or nursing home where a health care provider provides health care to patients;

 

(vii)� "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care, and includes any record of disclosures of that information;

 

(viii)� "Health care provider" means a person who is 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, but does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices;

 

(ix)� "Hospital" means establishments with organized medical staffs, with permanent facilities that include inpatient beds, and with medical services, including physician services and continuous nursing services, to provide diagnosis, treatment and continuity of care for patients;

 

(x)� "Hospital 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;

 

(xi)� "Institutional review board" means any board, committee or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects;

 

(xii)� "Maintain," as related to health care information, means to hold, possess, preserve, retain, store or control that information;

 

(xiii)� "Patient" means an individual who receives or has received health care and includes a deceased individual who has received health care;

 

(xiv)� "This act" means W.S. 35-2-605 through 35-2-617.

 

35-2-606.� Disclosure of health care information by hospital.

 

 

(a)� Except as authorized in W.S. 35-2-609, a hospital or an agent or employee of a hospital shall not disclose any hospital health care information about a patient to any other person without the patient's written authorization.� A disclosure made under a patient's written authorization shall conform to the terms of that authorization.

 

(b)� A hospital shall maintain, in conjunction with a patient's recorded health care information, a record of each person who has received or examined, in whole or in part, the recorded health care information during the next preceding three (3) years, except for a person who has examined the recorded health care information under W.S. 35-2-609(a)(i) through (iii) or (c), or a third party payor for whom authorization for release of information has been granted. The record of disclosure shall include the name, address and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination and, to the extent practicable, a description of the information disclosed.

 

35-2-607.� Patient authorization to hospital for disclosure.

 

 

(a)� A patient may authorize a hospital to disclose the patient's health care information.� A hospital shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the hospital denies the patient access to health care information under W.S. 35-2-612.

 

(b)� A hospital may charge a reasonable fee, not to exceed the hospital's actual cost for providing the health care information under this section, and is not required to honor an authorization until the fee is paid.

 

(c)� To be valid, a disclosure authorization to a hospital shall:

 

(i)� Be in writing and dated and signed by the patient;

 

(ii)� Identify the nature of the information to be disclosed;

 

(iii)� Identify the person to whom the information is to be disclosed.

 

(d)� Except as provided by this act, the signing of an authorization by a patient is not a waiver of any rights the patient has under other statutes, the rules of evidence or common law.

 

(e)� A hospital shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.

 

(f)� Except for authorizations to provide information to third-party health care payors, an authorization shall not permit the release of health care information relating to future health care that the patient receives more than twelve (12) months after the authorization is signed.

 

(g)� An authorization to disclose health care information under this section is invalid after the expiration date contained in the authorization, which shall not exceed forty-eight (48) months.� If the authorization does not contain an expiration date, it expires twelve (12) months after it is signed.

 

35-2-608.� Patient's revocation of authorization for disclosure.

 

A patient may revoke an authorization to disclose health care information under W.S. 35-2-607 at any time unless disclosure is required to effectuate payments for health care that has been provided. A patient shall not maintain an action against the hospital for disclosures made in good faith reliance on an authorization if the hospital had no notice of the revocation of the authorization.

 

35-2-609.� Disclosure without patient's authorization.

 

(a)� A hospital may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:

 

(i)� To a person who is providing health care to the patient;

 

(ii)� To any other person who requires health care information for health care education or to provide planning, quality assurance, peer review or administrative, legal, financial or actuarial services to the hospital or to assist the hospital in the delivery of health care and the hospital reasonably believes that the person:

 

(A)� Will not use or disclose the health care information for any purpose other than that for which it is disclosed; and

 

(B)� Will use reasonable care to protect the confidentiality of the health care information.

 

(iii)� To any health care provider who has previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the hospital not to make the disclosure;

 

(iv)� To any person if the hospital reasonably believes that the disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual;

 

(v)� To immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the hospital not to make the disclosure;

 

(vi)� To a health care facility who is the successor in interest to the hospital maintaining the health care information;

 

(vii)� For use in a research project that an institutional review board has determined:

 

(A)� Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

 

(B)� Is impracticable without the use or disclosure of the health care information in individually identifiably form;

 

(C)� Contains reasonable safeguards to protect the information from redisclosure;

 

(D)� Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and

 

(E)� Contains procedures to remove or destroy at the earliest possible opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project.

 

(viii)� To a person who obtains information for purposes of an audit, if that person agrees in writing to:

 

(A)� Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

 

(B)� Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care, or other unlawful conduct by a health care provider, health care facility or patient.

 

(ix)� To an official of a penal or other custodial institution in which the patient is detained.

 

(b)� A hospital may disclose health care information about a patient without the patient's authorization if the disclosure is:

 

(i)� Directory information, unless the patient has instructed the hospital not to make the disclosure;

 

(ii)� To federal, state or local public health authorities, to the extent the hospital is required by law to report health care information or when needed to protect the public health;

 

(iii)� To federal, state or local law enforcement authorities to the extent required by law;

 

(iv)� Pursuant to W.S. 35-2-610; or

 

(v)� Pursuant to W.S. 35-2-912.

 

(c)� Subject to bylaws and control by the hospital governing body, the medical staff committees of any hospital shall have access to the records, data and other information relating to the condition and treatment of patients in that hospital for the purposes of:

 

(i)� Supervision, discipline, admission, privileges or control of members of that hospital's medical staff;

 

(ii)� Evaluating, studying and reporting on matters relating to the care and treatment of patients;

 

(iii)� Research, reducing mortality, prevention and treatment of diseases, illnesses and injuries; and

 

(iv)� Determining if a hospital and extended care facilities are being properly utilized.

 

(d)� 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.

 

35-2-610.� Compulsory process.

 

(a)� Health care information shall not be disclosed by a hospital pursuant to compulsory legal process or discovery in any judicial, legislative or administrative proceeding unless:

 

(i)� The patient has consented in writing to the release of the health care information in response to compulsory process or a discovery request;

 

(ii)� The patient has waived, in writing, the right to claim confidentiality for the health care information sought;

 

(iii)� The patient is a party to the proceeding and has placed his physical or mental condition in issue;

 

(iv)� The patient's physical or mental condition is relevant to the execution or witnessing of a will;

 

(v)� The physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;

 

(vi)� A patient's health care information is to be used in the patient's commitment proceeding;

 

(vii)� The health care information is for use in any law enforcement proceeding or investigation in which a hospital is the subject or a party.� Health care information obtained under this paragraph shall not be used in any proceeding, against the patient, unless the matter relates to payment of the patient's health care cost, or unless authorized under paragraph (ix) of this subsection;

 

(viii)� The health care information is relevant to a proceeding brought under W.S. 35-2-616; or

 

(ix)� A court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that the interest in access outweighs the patient's privacy interest.

 

(b)� Unless the court, for good cause shown, determines that the notification should be waived or modified, if health care information is sought under paragraph (a)(ii), (iv) or (v) of this section or in a civil proceeding or investigation under paragraph (a)(ix) of this section, the person seeking discovery or compulsory process shall mail a notice by first class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least ten (10) days before presenting the certificate required under subsection (c) of this section to the hospital.

 

(c)� Service of compulsory process or discovery requests upon a hospital shall be accompanied by a written certification, signed by the person seeking to obtain health care information, or his authorized representative, and identifying each ground under subsection (a) of this section under which compulsory process or discovery is being sought.� The certification shall also state, in the case of information sought under paragraph (a)(ii), (iv), (v) or (ix) of this section, that the requirements of subsection (b) of this section for notice have been met.� A person shall sign the certification only if the person reasonably believes that the ground under subsection (a) of this section identified in the certification provides an adequate basis for the use of discovery or compulsory process.� Unless otherwise ordered by the court, the hospital shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.

 

(d)� Production of health care information under this section, in and of itself, does not constitute a waiver of any privilege, objection or defense existing under other law or rule of evidence or procedure.

 

35-2-611.� Examination and copying of record; explanation of records.

 

 

(a)� Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a hospital, as promptly as required under the circumstances, but no later than ten (10) days after receiving the request shall:

 

(i)� Make the information available for examination during regular business hours and provide a copy, if requested, to the patient;

 

(ii)� Inform the patient if the information does not exist or cannot be found;

 

(iii)� If the hospital does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider or health care facility that maintains the record;

 

(iv)� If the information is in use or unusual circumstances of delay occur in handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, which shall not be later than twenty-one (21) days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise answered; or

 

(v)� Deny the request, in whole or in part, under W.S. 35-2-612 and inform the patient.

 

(b)� Upon request, the hospital shall provide an explanation of any code or abbreviation used in the health care information.� If a record of the particular health care information requested is not maintained by the hospital in the requested form, the hospital is not required to create a new record or reformulate an existing record to make the health care information available in the requested form.� The hospital may charge a reasonable fee, not to exceed the hospital's actual cost, for providing the health care information and is not required to permit examination or copying until the fee is paid.

 

35-2-612.� Denial of examination and copying.

 

 

(a)� A hospital may deny access to health care information by a patient if the hospital reasonably concludes that:

 

(i)� Knowledge of the health care information would pose an imminent threat to the life or safety of the patient;

 

(ii)� Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was justified;

 

(iii)� Knowledge of the health care information could reasonably be expected to pose an imminent threat to the life or safety of any individual;

 

(iv)� The health care information is compiled and is used solely for litigation, quality assurance, peer review or administrative purposes; or

 

(v)� Access to the health care information is otherwise prohibited by law.

 

(b)� If a hospital denies a request for examination and copying under this section, the hospital shall notify the patient in writing and, to the extent possible, shall segregate health care information for which access has been denied from information for which access cannot be denied and permit the patient to examine or copy the disclosable information.

 

(c)� If a hospital denies a patient's request for examination and copying, in whole or in part, under paragraph (a)(i) or (iii) of this section, the hospital shall permit examination and copying of the record by a health care provider, selected by the patient, who is licensed, certified or otherwise authorized by law to treat the patient.� The hospital denying the request shall inform the patient of the patient's right to select another health care provider under this subsection.

 

35-2-613.� Notice of information practices.

 

The hospital shall post a copy of a notice of information practices in a conspicuous place in the hospital and, upon request, provide patients or prospective patients with a copy of the notice.� The notice shall be in substantially the following form:

 

Notice

 

"We keep a record of the health care services we provide you.� You may ask us to see and copy that record.� We do not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so.� You may see your record or get more information about it at .... (location of where records may be reviewed or where information is available)."

 

35-2-614.� Persons authorized to act for patient.

 

 

(a)� A person authorized to consent to health care for another may exercise the rights of that person under this act to the extent necessary to effectuate the terms or purposes of the grant of authority.� If the patient is a minor and is authorized under law to consent to health care without parental consent, only the minor may exclusively exercise the rights of a patient under this act as to information pertaining to health care to which the minor lawfully consented.

 

(b)� A person authorized to act for a patient shall act in good faith to represent the best interests of the patient.

 

(c)� A personal representative of a deceased patient may exercise all of the deceased patient's rights under this act.� If there is no personal representative, or upon discharge of the personal representative, a deceased patient's rights under this act may be exercised by persons who are authorized by law to act for the deceased patient.

 

35-2-615.� Security safeguards and records retention.

 

 

(a)� A hospital shall establish reasonable safeguards for the security of all health care information it maintains.

 

(b)� A hospital shall maintain a record of existing health care information for at least one (1) year following receipt of an authorization to disclose that health care information under W.S. 35-2-607 and during the pendency of a request for examination and copying under W.S. 35-2-611.

 

35-2-616.� Enforcement.

 

 

(a)� A person aggrieved by a violation of this act may maintain an action for relief as provided in this section.

 

(b)� A court may order the hospital or other person to comply with this act and may order any other appropriate relief.

 

(c)� A hospital that relies in good faith upon a certification pursuant to W.S. 35-2-610(c), is not liable for disclosures made in reliance on that certification.

 

(d)� In an action by a patient alleging that health care information was improperly withheld under W.S. 35-2-612, the burden of proof is on the hospital to establish that the information was properly withheld.

 

(e)� If a court determines that there is a violation of this act, the aggrieved party may recover damages for pecuniary losses sustained as a result of the violation and may assess reasonable attorneys fees and all other expenses reasonably incurred in the litigation.

 

(f)� Any action under this act is barred unless the action is commenced within two (2) years after the cause of action accrues.

 

35-2-617.� Limitation of effect.

 

This act does not affect other laws restricting, to a greater extent than does this act, the disclosure of specific types of health care information to any person other than the patient to whom it relates.

 

ARTICLE 7 - RURAL HEALTH CARE DISTRICTS

 

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

 

(a)� Repealed by Laws 1998, ch. 115, � 5.

 

(b)� Repealed by Laws 1998, ch. 115, � 5.

 

(c)� Repealed by Laws 1998, ch. 115, � 5.

 

(d)� Repealed by Laws 1998, ch. 115, � 5.

 

(e)� 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.

 

35-2-702.� Repealed by Laws 1998, ch. 115, � 5.

 

 

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

 

 

(a)� 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:

 

(i)� Hold property and be a party to contracts;

 

(ii)� Sue and be sued;

 

(iii)� Acquire real and personal property and equipment for rural health care purposes by gift, devise, bequest or purchase;

 

(iv)� Enter into contracts for the acquisition by purchase or lease of real and personal property and equipment;

 

(v)� Convey, lease and otherwise dispose of its property for rural health care purposes;

 

(vi)� Establish sinking funds;

 

(vii)� Issue bonds for the purchase of real property and improvements and equipment;

 

(viii)� 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;

 

(ix)� Engage in activities authorized under W.S. 18-8-301 subject to specified requirements and conditions.

 

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.

 

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.

 

35-2-706.� Repealed by Laws 1998, ch. 115, � 5.

 

 

35-2-707.� Repealed by Laws 1998, ch. 115, � 5.

 

 

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

 

(a)� The board of trustees shall administer the finances of the district in accordance with W.S. 16-4-101 through 16-4-124.

 

(b)� The assessor shall assess the property of each rural health care district.

 

(c)� 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.

 

(d)� 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.

 

(e)� If the proposition to authorize an additional mill levy is approved, 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. 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.

 

35-2-709.� Bond issue.

 

 

(a)� 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. 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

ARTICLE 8 - STATE HEALTH CARE DATA AUTHORITY

 

35-2-801.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

35-2-802.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

35-2-803.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

35-2-804.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

35-2-805.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

35-2-806.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

35-2-807.� Terminated by Laws 1985, ch. 217, � 2; 1988, ch. 47, � 1.

 

ARTICLE 9 - LICENSING AND OPERATIONS

 

35-2-901.� Definitions; applicability of provisions.

 

(a)� As used in this act:

 

(i)� "Acute care" means short term care provided in a hospital;

 

(ii)� "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;

 

(iii)� "Birthing center" means a facility which operates for the primary purpose of performing deliveries and is not part of a hospital;

 

(iv)� "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;

 

(v)� "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;

 

(vi)� "Department" means the department of health;

 

(vii)� "Division" means the designated division within the department of health;

 

(viii)� "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;

 

(ix)� Repealed By Laws 1999, ch. 119, � 2.

 

(x)� "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, intermediate care facility for people with intellectual disability, medical assistance facility, nursing care facility, rehabilitation facility and renal dialysis center;

 

(xi)� "Home health agency" means an agency primarily engaged in arranging and directly providing nursing or other health care services to persons at their residence;

 

(xii)� "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;

 

(xiii)� "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:

 

(A)� Diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons;

 

(B)� Rehabilitation services for the rehabilitation of injured, disabled or sick persons;

 

(C)� Acute care;

 

(D)� Psychiatric care;

 

(E)� Swing beds.

 

(xiv)� "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;

 

(xv)� "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;

 

(xvi)� "Nursing care facility" means a facility providing assisted living care, nursing care, rehabilitative and other related services;

 

(xvii)� "Physician" means a doctor of medicine or osteopathy licensed to practice medicine or surgery under state law;

 

(xviii)� "Psychiatric care" means the in-patient care and treatment of persons with a mental diagnosis;

 

(xix)� "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;

 

(xx)� "Renal dialysis center" means a freestanding facility for treatment of kidney diseases;

 

(xxi)� "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;

 

(xxii)� "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;

 

(xxiii)� "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;

 

(xxiv)� "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.� Clients in the home shall have private rooms which may be shared with spouses and shall have individual handicapped accessible bathrooms. "Adult foster 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;

 

(xxv)� "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;

 

(xxvi)� "This act" means W.S. 35-2-901 through 35-2-912.

 

(b)� 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.

 

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.

 

35-2-903.� Application for license; submission of evidence prerequisite to issuance.

 

 

(a)� 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:

 

(i)� The applicant's name;

 

(ii)� The type of health care facility to be operated;

 

(iii)� A description of and the location of the facility buildings;

 

(iv)� The name of the person in charge of the health care facility;

 

(v)� 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;

 

(vi)� Evidence that the applicant is capable of complying with applicable rules and regulations;

 

(vii)� Such other information as the division may require pursuant to rules promulgated under this act.

 

(b)� An application by other than an individual shall be made by two (2) officers of the organization or by its managing agents.

 

35-2-904.� Issuance of license; fee; duration; renewal; transferability; provisional licenses; procedures.

 

 

(a)� The division shall issue a license under this act:

 

(i)� If the applicant is in compliance with this act and in substantial compliance with the rules and regulations promulgated pursuant to this act; and

 

(ii)� Upon payment of a license fee as established by the department for each health care facility. The department shall adopt rules which provide for reasonable fees 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.

 

(b)� 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.

 

(c)� Licenses are renewed annually upon payment of the license fee unless suspended or revoked pursuant to W.S. 35-2-905.

 

(d)� Fees collected under this act shall be deposited in the general fund.

 

(e)� Licenses are not assignable or transferable.

 

(f)� 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.

 

35-2-905.� Conditions, monitoring or revoking a license.

 

(a)� 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:

 

(i)� Violates any provision of this act or the rules and regulations promulgated pursuant to this act;

 

(ii)� Permits, aids or abets the commission of any illegal act by a licensee;

 

(iii)� Conducts practices detrimental to the health, safety or welfare of the patients of the licensee;

 

(iv)� Repealed By Laws 2008, Ch. 116, � 2.

 

(v)� 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).

 

(b)� 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.

 

(c)� 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.

 

(d)� 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.

 

(e)� 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.

 

(f)� 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.

 

35-2-906.� Construction and expansion of facilities; exemption.

 

(a)� 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.

 

(b)� 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.

 

(c)� 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.

 

(d)� Repealed By Laws 2002, Ch. 87, � 2.

 

(e)� Repealed By Laws 2002, Ch. 87, � 2.

 

(f)� 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.

 

35-2-907.� Inspection of licensed establishments; exceptions; assisted living facility inspection procedure.

 

 

(a)� 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.

 

(b)� 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.

 

(c)� The division shall:

 

(i)� Provide for the selection of an inspector to inspect and evaluate an applicant for an assisted living facility;

 

(ii)� 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;

 

(iii)� Act on the application within thirty (30) days after receiving a report from the selected inspector on the inspection and evaluation of the applicant.

 

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.

 

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.

 

35-2-910.� Quality management functions for health care facilities; confidentiality; immunity; whistle blowing; peer review.

 

 

(a)� 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.

 

(b)� 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.

 

(c)� 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:

 

(i)� The quality and necessity of the care provided to patients as rendered in the hospital;

 

(ii)� The prevention of complications and deaths occurring in the hospital;

 

(iii)� The review of medical treatments and diagnostic and surgical procedures in order to ensure safe and adequate treatment of patients in the hospital; and

 

(iv)� The evaluation of medical and health care services and the qualifications and professional competence of persons performing or seeking to perform those services.

 

(d)� The review required in subsection (c) of this section shall be performed according to the decision of a hospital's governing board by:

 

(i)� A peer review committee appointed by the organized medical staff of the hospital;

 

(ii)� A state, local or specialty medical society; or

 

(iii)� 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.

 

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.

 

35-2-912.� Mandatory reporting of safety events.

 

(a)� For purposes of this section, "safety event" means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including those events identified by rule and regulation of the department using a standard taxonomy generally accepted in the health care industry as indicated by endorsement of the national quality forum or similar health care quality control organization.

 

(i)� Repealed by Laws 2008, Ch. 5, � 2.

 

(ii)� Repealed By Laws 2008, Ch. 5, � 2.

 

(iii)� Repealed By Laws 2008, Ch. 5, � 2.

 

(iv)� Repealed By Laws 2008, Ch. 5, � 2.

 

(v)� Repealed By Laws 2008, Ch. 5, � 2.

 

(vi)� Repealed By Laws 2008, Ch. 5, � 2.

 

(b)� Each licensed health care facility located within this state shall designate a patient safety officer and shall provide the department with the officer's name and contact information.� The department shall compile information received from a licensed health care facility under this section within any of its divisions at its discretion, except it shall not compile the information within, nor provide the information to, the office of health care licensing and survey or its successor within the department.� Through the patient safety officer, each facility shall report to the department the occurrence of any safety event occurring after June 30, 2005 and described in subsection (a) of this section in the following manner:

 

(i)� A person who is employed by a health care facility shall, within twenty-four (24) hours after becoming aware of a safety event at the health care facility, notify the patient safety officer of the facility of the safety event.� The patient safety officer shall, within fifteen (15) days after receiving notification, report the safety event;

 

(ii)� If the patient safety officer of a health care facility personally discovers or becomes aware, in the absence of notification by another employee, of a safety event at the health care facility, the patient safety officer shall, within fifteen (15) days after discovering or becoming aware of the safety event, report the safety event.

 

(c)� Safety event reports shall be filed in a format specified by the department and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees or patients involved.� The department may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards.� The department may design the reporting system so that a facility may file by electronic means the reports required under this section.� The department shall encourage a facility to use the electronic filing option when that option is feasible for the facility.

 

(d)� In fulfilling the reporting requirements specified under this section, the department shall use, when practical, information already being generated by the health care facility as a result of the reporting requirements of other health care programs.

 

(e)� Any notice, report, document and any other information compiled or disseminated pursuant to the provisions of this section is confidential, is not discoverable or admissible in evidence in any administrative or legal proceeding conducted in this state and is not a public record.� No contractor, employee or other member of the department who receives any notice, report, document or any other information compiled or disseminated pursuant to the provisions of this section shall be permitted or required to testify in any civil action as to any evidence or any other matters presented to the department or as to any findings, recommendations, evaluations, opinions or other actions of the department or any contractors, employees or other members thereof.� However, information, documents or other records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were submitted to the department, nor shall any person who provides information to the department under this section be prevented from testifying as to matters within his knowledge, but that person shall not be asked about his testimony or communications with the department.

 

(f)� The department shall collect and maintain reports received pursuant to this section and shall have the authority to adopt rules and regulations to implement reporting procedures and standards required by this section.� On or before December 31 of each year beginning in 2006, the department shall prepare and publish a report and analysis of all reported safety events for the previous year, including a trend analysis and recommendations for systemic improvements that are likely to enhance patient safety and health care.� The department may convene a panel of health care experts to review the data and compile the report.� The report shall be made available to the public and copies forwarded to the governor, the health care commission and the joint labor, health and social services interim committee.� In its annual report and any other public document, the department shall ensure that all referenced information is aggregated so as not to reveal the identity of any specific person or health care facility.

 

(g)� Any act authorized or required by this section shall be subject to the confidentiality, immunity and whistle blowing provisions of W.S. 35-2-910(a) and (b).

 

(h)� Nothing in this section shall be construed to limit or reduce any other reporting requirements for health care facilities under any state or federal law, or limit or reduce the department's authority over health care facilities under any state or federal law.

 

(j)� The state of Wyoming elects to be covered as of April 1, 2005, by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, for the department with respect to its duties and responsibilities under this section.

 

(k)� This section is repealed effective June 30, 2010.

 

CHAPTER 3 - SANITARY AND IMPROVEMENT DISTRICTS

 

35-3-101.� Procedure for proposing establishment of sanitary and improvement districts.

 

(a)� Repealed by Laws 1998, ch. 115, � 5.

 

 

(b)� Repealed by Laws 1998, ch. 115, � 5.

 

(c)� Repealed by Laws 1998, ch. 115, � 5.

 

 

(d)� Repealed by Laws 1998, ch. 115, � 5.

 

 

(e)� Repealed by Laws 1998, ch. 115, � 5.

 

 

(f)� Repealed by Laws 1998, ch. 115, � 5.

 

 

(g)� 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.

 

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 without the written consent of the owner of such tract.

 

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.

 

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.

 

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.

 

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 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.

 

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.

 

35-3-108.� Administration of finances.

 

The board of trustees of sanitary and improvement districts shall administer the finances of such districts according to provisions of the Wyoming Municipal Budget Act.

 

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.

 

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.

 

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 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.

 

35-3-112.� Right-of-way over public lands.

 

Whenever it is necessary, in making any improvement under the provisions of this act, 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.

 

35-3-113.� Annual oversight of accounts; information to be shown; powers and duties of director.

 

 

(a)� 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.

 

(i)� Repealed by Laws 1995, ch. 199, � 2.

 

(ii)� Repealed by Laws 1995, ch. 199, � 2.

 

(iii)� Repealed by Laws 1995, ch. 199, � 2.

 

(iv)� Repealed by Laws 1995, ch. 199, � 2.

 

(v)� Repealed by Laws 1995, ch. 199, � 2.

 

(vi)� Repealed by Laws 1995, ch. 199, � 2.

 

(vii)� Repealed by Laws 1995, ch. 199, � 2.

 

(viii)� Repealed by Laws 1995, ch. 199, � 2.

 

(ix)� Repealed by Laws 1995, ch. 199, � 2.

 

(x)� Repealed by Laws 1995, ch. 199, � 2.

 

(xi)� Repealed by Laws 1995, ch. 199, � 2.

 

(b)� 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.

 

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.

 

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. The limit on the amount of the bonds shall not apply to revenue bonds payable solely from the revenues and earnings of the district.

 

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 t