9-1-801. Office created; mandatory and permissive establishment.
There shall be in each judicial district in which any one (1) county has reached a population of sixty thousand (60,000) or more the office of district attorney. In each of the remaining judicial districts there shall be the office of district attorney whenever a majority of the county commissioners in each county within the judicial district shall resolve that such an office of district attorney should be created in that judicial district.
(a) At the general election in 1982 and every four (4) years thereafter, a district attorney shall be elected in each judicial district in which the office of district attorney has been created six (6) months or more prior to the date of the general election. The district attorney shall serve for a term of four (4) years and until his successor is elected and qualified.
(b) Each district attorney shall have been a licensed attorney for at least four (4) years and a member in good standing of the Wyoming state bar immediately prior to his election. Each district attorney shall be a licensed attorney and a member in good standing of the Wyoming state bar throughout the term of office for which the district attorney was elected or appointed.
(c) Each district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his election if not in conflict with the duties of his office.
(d) From and after January 3, 2011 until January 2, 2023, each district attorney shall receive an annual salary of not less than one hundred thousand dollars ($100,000.00). From and after January 2, 2023, each district attorney shall receive an annual salary not greater than the salary authorized for a circuit court judge in W.S. 5-1-110 as determined by the legislature.
(e) A vacancy in the office of district attorney shall be filled by the board or boards of county commissioners under the procedure for filling vacancies in the office of a member of the state legislature or state senator established by W.S. 22-18-111. Vacancies shall be filled until the next general election and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.
9-1-803. Salaries and expenses paid by legislative appropriation.
The salaries of the district attorney, any deputies or assistants and clerical staff and the administrative expenses of the office of district attorney shall be paid pursuant to legislative appropriation.
9-1-804. Duties and powers generally; employment of deputy
and assistant district attorneys and other necessary personnel.
(a) In addition to other duties prescribed by law, each district attorney has exclusive jurisdiction to:
(i) Act as prosecutor for the state in all felony, misdemeanor and juvenile court proceedings arising in the counties in his district, and prosecute such cases in the district courts and courts of limited jurisdiction or in other counties upon a change of venue;
(ii) Defend against all petitions for writs of habeas corpus filed in his district by any person charged with or convicted of any public offense in his district. This duty does not extend to petitions filed by inmates of state penal institutions;
(iii) Render assistance as required by the attorney general in the preparation and argument of criminal appeals arising in his district and in the defense of petitions for habeas corpus filed by inmates in state institutions arising from alleged deprivation of rights at the time of or prior to conviction;
(iv) Appear before any judge in the preliminary examination of persons charged with any offense in his district;
(v) Appear at all inquests held by any coroner in his district;
(vi) Appear at all sessions of any grand jury convened in any county within his district.
(b) Each district attorney shall employ and assign to each county in the judicial district at least one (1) of the following to serve at his pleasure: a deputy district attorney, an assistant district attorney or a part-time assistant district attorney. The deputy, assistant or part-time assistant district attorney assigned to a county shall reside in the county and be a resident of Wyoming and his primary responsibility shall be to matters arising in the county.
(c) Subject to the rules of the Wyoming personnel division as to compensation, and as is authorized by the approved budget, each district attorney may employ administrative and clerical personnel necessary for the proper and efficient operation of his office. Such personnel shall serve at the pleasure of the district attorney.
9-1-805. Substitute where conflict of interest or refusal to act.
When the district attorney is interested or refuses to act in a prosecution, the court may direct or permit any member of the bar to act in the district attorney's place.
9-1-806. Deputy district attorneys; appointment; term;
qualifications; full-time; private practice prohibited; exception; salary.
(a) As is authorized by the approved budget, each district attorney may employ deputy district attorneys to serve at his pleasure as needed to properly discharge the duties of his office in addition to deputy district attorneys assigned to counties. Each deputy district attorney shall have been a licensed attorney for at least one (1) year and a member in good standing of the Wyoming state bar immediately prior to his employment as deputy district attorney.
(b) Each deputy district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his appointment if not in conflict with the duties of his office.
(c) Deputy district attorneys shall receive an annual salary as determined by the Wyoming personnel division.
9-1-807. Assistant district attorneys; appointment; term;
qualifications; full-time; private practice prohibited; exception; salary; part-time; qualifications and salary thereof.
(a) As is authorized by the approved budget, each district attorney may employ assistant district attorneys to serve at his pleasure as needed to properly discharge the duties of his office in addition to assistant district attorneys assigned to counties. Each assistant district attorney shall be a member in good standing of the Wyoming state bar and shall act under the direction of the district attorney and his deputies.
(b) Each full-time assistant district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his appointment if not in conflict with the duties of his office.
(c) Full-time assistant district attorneys shall receive an annual salary as determined by the Wyoming personnel division.
(d) Assistant district attorneys who serve in less than a full-time capacity shall be members in good standing of the Wyoming bar and shall act under the direction of the district attorney and his deputies. Part-time assistant district attorneys shall be compensated for services performed in an amount proportionate to the salary allowed for full-time services.
9-1-808. Deputy and assistant district attorneys; powers and duties.
Each deputy and assistant district attorney, under the direction and control of the district attorney, has the same powers and duties as the district attorney by whom he was appointed, except that all acts shall be done in the name of the district attorney.
Each district attorney, deputy district attorney, assistant district attorney or member of a district attorney's staff while traveling on official business shall receive per diem and travel expenses as provided by law for state employees.
9-1-810. Assistance of county attorneys in criminal matters.
Each district attorney may request the assistance of the county attorneys in his district in the preparation, prosecution and argument of criminal matters arising in any county within his district and each county attorney shall render aid and assistance as requested by the district attorney.
Each board of county commissioners shall provide suitable office space for the use of the district attorney to properly conduct the business of his office.
The state engineer shall have theoretical knowledge and practical and managerial skill and experience which fits him for the position and shall have at least two (2) years of engineering practice and experience in the state and shall be a registered professional engineer.
9-1-902. Duties and powers; representation of state at proceedings relating to water or water use.
(a) The state engineer shall:
(i) Measure and calculate the discharge of streams, from which water is taken for beneficial purposes, commencing work upon those streams most used for irrigation or other beneficial purposes;
(ii) Collect facts and make surveys to determine the most suitable location for constructing works for utilizing the water of the state and to ascertain the location of the lands best suited for irrigation;
(iii) Examine reservoir sites;
(iv) Include in his reports all the facts ascertained by the surveys and examinations, including, wherever practicable, estimates of the cost of proposed irrigation works and of the improvement of reservoir sites;
(v) Know the waterways of the state, and the needs of the state as to irrigation matters;
(vi) Suggest to the governor the amendment or enactment of laws to benefit the state; and
(vii) Keep in his office complete records of his work, observations and calculations, all of which shall be the property of the state.
(b) The state engineer may appear and represent the state of Wyoming in any proceeding or hearing concerning or relating to water or its use, including congressional hearings and hearings before any department, bureau or agency of the United States or of any state.
(a) The state engineer shall specify by rule and regulation and receive the following nonrefundable fees which shall be collected in advance:
(i) For recording any water right instrument or certificate not otherwise specifically provided for, a reasonable fee not to exceed ten dollars ($10.00) per page;
(ii) For making copies of any document recorded or filed in the state engineer's office, a reasonable fee shall be assessed not to exceed ten dollars ($10.00) per page;
(iii) A reasonable fee not to exceed the amount shown shall accompany applications for appropriations for the direct use of the natural unstored flow of water from any surface water source except groundwater as follows:
(A) If water is to be used only for stock or domestic purposes-fifty dollars ($50.00);
(B) Water used for all other purposes-one hundred dollars ($100.00).
(iv) A reasonable fee not to exceed the amount specified shall accompany applications for the storage of water as follows:
(A) For reservoirs twenty (20) acre-feet or less-fifty dollars ($50.00) each;
(B) For reservoirs greater than twenty (20) acre-feet but less than one hundred (100) acre-feet-one hundred dollars ($100.00) each;
(C) For all other reservoirs-two hundred fifty dollars ($250.00) each;
(D) Secondary supply applications-one hundred dollars ($100.00) each;
(E) Reservoir supply ditch applications-one hundred dollars ($100.00) each.
(v) A reasonable fee not to exceed the amount specified shall accompany groundwater applications:
(A) Domestic or stock wells, twenty-five gallons per minute (25 g.p.m.) or less,-fifty dollars (50.00);
(B) Monitor wells-no fee required;
(C) Repealed by Laws 1993, ch. 146, § 4.
(D) All other wells or groundwater developments-one hundred dollars ($100.00).
(vi) A reasonable fee not to exceed the amounts shown shall accompany all safety of dams plan reviews required or submitted in accordance with W.S. 41-3-308 as follows:
(A) For dams more than twenty (20) feet but less than forty (40) feet in height or with a capacity of fifty (50) acre-feet or more but less than one hundred (100) acre-feet-one hundred dollars ($100.00) each;
(B) For dams forty (40) feet in height or more or with a capacity of one hundred (100) acre-feet or more-two hundred fifty dollars ($250.00) each.
(vii) Reasonable fees for computer and other technical services related to providing water resources information.
(b) The state engineer shall specify by rule and regulation an amount not to exceed fifty dollars ($50.00) of the fees collected for each application for a permit under subparagraphs (a)(v)(A) and (D) of this section to be deposited into the account created under W.S. 33-42-116 for wells which require the use of a licensed well driller pursuant to W.S. 33-42-103.
(a) It is hereby declared that:
(i) The state of Wyoming claims its sovereign right to the use for its residents and best interests of the moisture contained in the clouds and atmosphere within its sovereign state boundaries;
(ii) Although little is known regarding artificial weather modification, research and experimentation shall be encouraged;
(iii) Although the ultimate use of modification methods is speculative, the application of such methods should have proper safeguards and provide sufficient data to protect life, property and public interest.
9-1-906. Weather modification defined; duty of state
engineer to gather information relative to experiments in state. The state engineer shall procure, compile and evaluate information relative to weather modification experiments and activities within the state boundaries. The term "weather modification" means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.
duration; fee; report of activities; penalties for noncompliance.
(a) It is unlawful for anyone to engage in weather modification activities except by permit prescribed and issued by the state engineer.
(b) A separate permit shall be issued for each experiment or activity. Permits are revocable by the state engineer. Permits are to be issued for one (1) year from October 1 of one year to September 30 of the following year. A fee not to exceed one hundred dollars ($100.00) shall be charged for each permit issued or renewed. Fees received by the state engineer shall be deposited with the state treasurer to be placed into the general fund. A permit shall be issued only to a person who can demonstrate to the state engineer's satisfaction that he has adequate qualifications in the atmospheric sciences. The state engineer shall promulgate rules and regulations necessary to implement this act.
(c) The state engineer shall demand and receive a written report, in such manner as he shall provide, covering each separate experiment or activity for which a permit is issued.
(d) Any person engaging in a weather modification experiment without a permit is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment for not more than ninety (90) days.
9-1-908. Weather modification; authority to receive and expend funds; purposes.
The state engineer is authorized to receive in the name of the state any funds offered or available from any source, and to expend such funds for the expenses of administering this act and for the encouragement of experimentation in weather modification by the University of Wyoming or any other appropriate state or public agency, either by direct grant, by contract or other cooperative means.
9-1-909. Weather modification; state not liable for activities of private persons or groups.
Nothing in W.S. 9-1-905 through 9-1-909 shall be construed to impose or accept any liability or responsibility on the part of the state, the board, or any state officials or employees, for any weather modification activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties or liabilities between any private persons or groups.
(a) The department of health is created.
(b) As used in this article:
(i) "Department" means the department of health;
(ii) "Director" means the director of the department.
(c) The department is the successor to the board and department of health.
(d) Repealed by Laws 1991, ch. 221, § 3.
(e) The department consists of the director who is the chief administrative officer and such divisions as the director may create.
(f) The director shall appoint and prescribe the duties of officers of the institutions in title 25 under the direct authority and control of the department.
9-2-102. Department of health; duties and responsibilities; state grants.
(a) The department of health is the state mental health authority, the developmental disabilities authority and the substance abuse authority. The department through its divisions has the following duties and responsibilities to:
(i) Administer comprehensive state programs for mental health, developmental disabilities and substance abuse services;
(ii) Provide a coordinated network of programs and facilities offering the following services to persons afflicted with mental illness or developmental disabilities or for substance abuse: diagnosis, treatment, education, care, training, community living, habilitation and rehabilitation;
(iii) Establish minimum standards and approve policies and procedures for the establishment and operation of community-based mental health, substance abuse and developmental disabilities programs receiving state support. The department through its mental health division and its substance abuse division shall annually withhold not less than five percent (5%) of all amounts provided in each contract with a community-based mental health or substance abuse program or provider and shall not release the funds withheld to the individual program or provider until the respective division and the individual program or provider enter into a written agreement that provides for performance and outcome measures. If the respective division and an individual program or provider do not enter into a mutually agreed upon set of performance and outcome measures, the funds withheld under this paragraph shall revert to the general fund at the end of the biennium in which the funds were withheld;
(iv) Establish minimum standards for all mental health, substance abuse and developmental disabilities services supported by state funds;
(v) Establish a statewide suicide prevention program that includes:
(A) A statewide written plan adopted by the department following at least one (1) statewide public meeting of interested persons and entities;
(B) Assistance to local communities in the development and maintenance of suicide prevention coalitions;
(C) Consultation, technical assistance and training to state and local agencies, organizations and professional groups;
(D) Maintenance of a library of suicide prevention materials and information which shall include copies of or links to Cochrane collaboration systematic reviews or other similar sources relevant to this subject;
(E) Collection and dissemination of information regarding best practices for suicide prevention and intervention.
(b) Repealed By Laws 1998, ch. 81, § 3.
(c) The program may include state grants based on a formula for state and local participation.
(d) Repealed By Laws 1998, ch. 81, § 3.
(e) Repealed by Laws 1984, ch. 31, § 2.
(f) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(g) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(h) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(j) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(k) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(m) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(n) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
(o) The department shall provide to the joint labor, health and social services interim committee, and any other appropriate legislative committee, periodic reports from the department's internal performance measurement system.
qualifications; duties; salaries, tenure and removal generally; necessary personnel.
(a) The director shall appoint a separate administrator for the divisions of the department of health and he may discharge the administrators as provided in W.S. 9-2-1706(c)(ii). Appointments under this subsection shall be subject to the following:
(i) The administrator for a division dealing primarily with public health shall:
(A) Have theoretical knowledge and practical and managerial skill and experience which fits him for the position, as determined by the director; and
(B) Repealed By Laws 1998, ch. 20, § 2.
(C) Administer a program for the supervision of volunteer physicians who provide medical care, assistance or medical administrative services without charge for the medical services rendered in an eligible program in compliance with rules and regulations promulgated by the department. To qualify as an eligible program, the medical services shall be provided in any hospital, clinic, health care facility or institution owned or operated by the state, University of Wyoming or any local government. A disclosure statement shall be signed in advance by the recipients informing them of the physician's limited liability under the program.
(ii) Repealed by Laws 2015, ch. 59, § 2.
(b) Repealed by Laws 1987, ch. 185, § 2.
(c) Repealed by Laws 1991, ch. 221, § 3.
(d) Repealed by Laws 2021, ch. 168, § 3.
(e) The governor shall appoint a state health officer who shall be licensed in Wyoming as a physician and who shall carry out the statutory duties and any other duties assigned to the state health officer by the director. The state health officer shall:
(i) Serve at the pleasure of the director and governor, either of whom may remove the state health officer;
(ii) Not be assigned to any division within the department;
(iii) Have support staff to carry out the duties assigned to him.
9-2-104. Allocation, transfer and abolition of powers, duties and functions within department.
(a) The governor may, after consultation with the director of the department and the departmental advisory council:
(i) Repealed by Laws 1991, ch. 221, § 3.
(ii) Designate the department as the single state agency for the administration of state plans for health and medical services, mental health and developmental disabilities, to administer upon such terms as the governor directs.
9-2-105. Office of planning and administration; created; duties and powers of administrator.
(a) The office of planning and administration is created and shall be under the authority of the director.
(b) The administrator of the office of planning and administration shall:
(i) Coordinate all program administration, including all budget requests, grant applications and plans;
(ii) Advise, consult and cooperate with all departmental agencies, all other state departments, agencies, subdivisions and the federal government;
(iii) Require that all administrators within the department cooperate with the office and report to the office on all matters pertaining to program planning, budgeting and administration; and
(iv) Perform planning as determined by the director.
9-2-106. Duties and powers of director of department.
(a) The director shall:
(i) Consult with the departmental advisory council and establish general policy to be followed in the department in administering programs;
(ii) Disburse and administer all federal funds or other monies allotted to the department;
(iii) Prescribe by rule, order or regulation the conditions under which these monies shall be disbursed and administered;
(iv) Enter into agreements, not inconsistent with the laws of this state, required as conditions precedent to receiving funds or other assistance. Funds appropriated by the legislature for operation of the department shall be used for the specified purposes only, and the director, in accepting funds from any other source, shall not consent to impairment of the department's statutory responsibilities;
(v) Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Wyoming Administrative Procedure Act in all matters relating to the exercise and performance of the powers and duties vested in the department;
(vi) With the assistance of the attorney general bring actions in the courts of the state in the name of the department for the enforcement of public health, mental health and medical services laws; and
(vii) Ensure that the department and all of its divisions promulgate reasonable rules and regulations, after consultation with the departmental advisory council and in compliance with the Wyoming Administrative Procedure Act, for the implementation of all state and federal public health, mental health and medical services laws. When promulgating such rules and regulations the director shall assure that the department uses language which focuses on the importance of a person, rather than a person's disability.
(b) Notwithstanding paragraph (a)(iv) of this section, the director may use funds appropriated by the legislature for the operation of the department to pay health or medical insurance premiums for any resident of Wyoming upon a determination by the director or his designee that:
(i) Due to an injury or illness, the person or his family is or may become unable to pay health or medical insurance premiums;
(ii) The person is or may become eligible for medical services which would be paid for by the state; and
(iii) Payment of the premiums may be less expensive for the state than payment of the medical services.
(c) Health or medical insurance premiums paid for in accordance with subsection (b) of this section shall be reviewed periodically to ensure payment of the premiums does not exceed the cost for provision of medical services. The authority granted under subsection (b) of this section shall terminate effective June 30, 1996.
(d) The director may authorize the Wyoming life resource center, the Wyoming state hospital, the Wyoming pioneer home, the veterans' home of Wyoming, the Wyoming retirement center and the Wyoming veterans' skilled nursing facility to provide services to persons with conditions other than those specified in the provisions governing those state institutions in title 25 of the Wyoming statutes when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services shall be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the public health and safety. The director shall promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute.
departmental advisory council; created; term; composition; meetings; removal of members; selection of officers; vacancies; expenses.
(a) The director may appoint an advisory council, each of which shall consist of not more than ten (10) members unless otherwise required by law or good practice, to each of the divisions of the department.
(i) Repealed by Laws 1990, ch. 63, § 3; 1991, ch. 221, § 3.
(ii) Repealed by Laws 1991, ch. 221, § 3.
(iii) Repealed by Laws 1991, ch. 221, § 3.
(iv) Repealed by Laws 1991, ch. 221, § 3.
(b) Repealed by Laws 2016, ch. 37, § 2.
(c) Repealed by Laws 2016, ch. 37, § 2.
(d) Repealed by Laws 2016, ch. 37, § 2.
(e) Repealed by Laws 2016, ch. 37, § 2.
(f) Repealed by Laws 2016, ch. 37, § 2.
(g) Repealed by Laws 2016, ch. 37, § 2.
(h) Repealed by Laws 2016, ch. 37, § 2.
9-2-108. Director of department; appointment; removal; duties.
(a) With the advice and consent of the senate the governor shall appoint a director for the department who shall serve under the direction of the governor and who may be removed by the governor as provided in W.S. 9-1-202.
(b) The director shall:
(i) Manage and supervise the department;
(ii) Repealed By Laws 1999, ch. 149, § 1.
(c) Appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.
(a) As used in W.S. 9-2-109 through 9-2-115:
(i) "Division" means the staff within the department of workforce services who administer vocational rehabilitation programs and provide vocational rehabilitation services;
(ii) "Eligible" means a certification that:
(A) The individual has a physical or mental impairment which constitutes or results in a substantial impediment to employment of the individual;
(B) Vocational rehabilitation services may reasonably be expected to benefit the individual in terms of an employment outcome; and
(C) The individual requires vocational rehabilitation services to prepare for, secure, retain or regain employment.
(iii) "Individual with a significant disability" means an individual:
(A) Who has a severe physical or mental disability which seriously limits one (1) or more functional capacities in terms of an employment outcome;
(B) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
(C) Who has one (1) or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, end stage renal disease or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.
(iv) "This act" means W.S. 9-2-109 through 9-2-115.
9-2-110. Division of vocational rehabilitation; administrative duties.
(a) This act shall be administered by the division. In administering this act, the division shall:
(i) Make regulations necessary to implement this act;
(ii) Certify for disbursement funds available for the purposes of this act.
9-2-111. Division of vocational rehabilitation; provision of authorized services; related powers.
(a) Except as otherwise provided by law, the division shall provide the services authorized by this act to eligible individuals with disabilities. The division may:
(i) Cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this act to individuals with disabilities;
(ii) Enter into reciprocal agreements with other states to provide for the services authorized by this act to residents of the contracting states;
(iii) Establish and operate rehabilitation facilities and workshops and make grants to public and nonprofit organizations for those purposes;
(iv) Supervise the operation of small businesses established pursuant to this act to be conducted by eligible individuals with disabilities;
(v) Provide training and instruction, including establishing and maintaining research fellowships and traineeships with stipends and allowances, in matters relating to vocational rehabilitation;
(vi) Establish new vending machine sites on any state owned public property, except as provided in subsection (b) of this section, in cooperation with the administrator or governing body in charge of the public property;
(vii) Bid out all vending machine sites located on any state owned public property, except as provided in subsection (b) of this section. Vending machines currently located on public property and under a written contract with a specific renewal or termination date will not be affected by this section until the renewal or termination date;
(viii) Enter into contracts with vendors for the installation and operation of vending machine sites on any state owned public property, except as provided in subsection (b) of this section. These contracts shall include a provision for the payment of commissions to the division based on gross revenues from the vending machines. These commissions shall be placed in an account which shall be used for the establishment and administration of small businesses created under this act. The division may assign a portion of the commissions to operators of small businesses created under this act for the maintenance of their income;
(ix) Promulgate rules and regulations to provide:
(A) Definitions to include the terms "contract bid preference," "small businesses," "public property" and "vending machine sites";
(B) Methods for determining the contract bid preference eligibility under W.S. 9-2-115;
(C) Methods of recovering the cost of establishing small businesses and maintaining equipment;
(D) Methods for determining the portion of commissions to be assigned to small business operators for the maintenance of their income.
(x) Encourage the establishment of vending machine sites and small businesses on privately owned or controlled property.
(b) The provisions of this act shall not apply to state owned public property included in W.S. 36-8-1001 through 36-8-1002 or state owned public property used to conduct the state fair or the Wyoming pioneer memorial museum under W.S. 11-10-101 through 11-10-114 or the University of Wyoming or Wyoming community colleges.
cooperation with federal government in providing services to individuals with disabilities.
(a) The division shall cooperate with the federal government in implementing federal statutes pertaining to the purposes of this act, including the licensing of blind persons or other individuals with disabilities to operate small businesses on federal property. The division may adopt methods of administration necessary for the proper and efficient operation of agreements with the federal government and to secure the full benefits of the federal statutes.
(b) Upon designation by the governor, the division may perform functions and services for the federal government relating to individuals with a physical or mental disability other than those described in subsection (a) of this section.
9-2-113. Division of vocational rehabilitation; federal
and state funds; custody and disbursement by state treasurer; gifts.
(a) The state treasurer is the custodian of all funds received from the federal government for vocational rehabilitation or to implement any agreements authorized by this act. The division of vocational rehabilitation shall disburse federal and state funds available for those purposes and submit receipt and acknowledgement to the state treasurer.
(b) The division may accept and use gifts for carrying out the purposes of this act. The gifts may be held, invested, reinvested and used in accordance with the conditions of the gift.
9-2-114. Division of vocational rehabilitation; services;
persons eligible; extent provided at public cost; regulation as to selection of persons to be benefited; right to benefit not transferable.
(a) Vocational rehabilitation services shall be provided to eligible residents with disabilities and to other individuals with disabilities who are eligible under an agreement with another state or the federal government.
(b) Goods or services shall be provided at public cost only to the extent that the individual with disabilities requires financial assistance with respect thereto. However, the following services may be provided at public cost:
(i) Diagnostic and related services, including transportation, required for the determination of eligibility for service and of the nature and scope of the services to be provided;
(ii) Guidance; and
(iii) Job related services, including job search and placement, job retention services and follow-up services.
(c) If vocational rehabilitation services cannot be provided to all eligible individuals with disabilities, the division shall adopt, by regulation, a method for selecting those to whom services will be provided.
(d) The right of any individual to any benefit under this act is not transferable or assignable at law or in equity.
9-2-115. Division of vocational rehabilitation; preference
given to eligible individuals with disabilities in operating small businesses on public property; new construction and remodeling; effect of preference on existing small businesses.
(a) Individuals with disabilities determined to be eligible by the division shall be given a contract bid preference on small contracts, where the small business was established pursuant to this act. The contract bid preference shall apply to small businesses on either public or private property which were established pursuant to this act.
(b) The administrator or governing body in charge of any public property, in cooperation with the division may construct a new facility or remodel a preexisting facility to accommodate a small business established pursuant to this act.
(c) The contract bid preference granted by this section does not affect the rights of persons currently operating a small business on public property and under a written contract with a specific renewal or termination date, until the renewal or termination date. After the renewal or termination date, the division shall bid out the small business contract and apply contract bid preferences where applicable.
The legislature finds that a shortage of primary care physicians and allied health providers exists in the state of Wyoming which limits the availability of adequate health care services for the citizens of the state who live in rural areas. The legislature further finds that the number of qualified physicians and allied health care providers can be increased to enhance the provision of rural health care services by the adoption of incentives to attract more primary care physicians and allied health care providers to communities experiencing these shortages. The legislature therefore enacts the Rural Health Care Act of 1993 to create an office of rural health care and to create a loan repayment program to repay education loans of primary care physicians and allied health care providers who practice for specified periods of time in designated communities which are experiencing shortages.
(a) The office of rural health is created within the department of health. The office shall:
(i) Serve as a clearinghouse for information on primary health care services in communities and rural areas of Wyoming and provide for dissemination of information by appropriate means to interested citizens of the state;
(ii) Provide technical assistance and consultation services to communities and rural areas, including hospitals located in these communities and rural areas, and thereby assist citizens' groups, local officials and health professionals to:
(A) Recruit and retain health care professionals and support personnel as required;
(B) Assess health care needs and priorities in rural areas;
(C) Identify sources of funding and programming, including information on rural health care districts;
(D) Establish strong working relationships with health care professionals throughout the state;
(E) Repealed by Laws 2016, ch. 37, § 2.
(F) Assist in the development of rural health clinics;
(G) Repealed by Laws 2016, ch. 37, § 2.
(iii) Contract, if necessary, with other entities to carry out duties prescribed under this section, and to conduct an active and ongoing recruitment program for physicians and other health care professionals, subject to the availability of funds, and to engage in the following activities:
(A) Assist communities in their effort to recruit and retain physicians and other health care professionals;
(B) Assist communities in the contact and evaluation of potential candidates;
(C) Conduct community studies to ascertain viable support for health care professionals;
(D) Assist physicians and other health care professionals and their families to find communities that will meet their needs and expectations;
(E) Maintain close liaison with government and private sources of health care providers;
(F) Assess the availability of health care providers in the state;
(G) Facilitate incorporation of mid-level providers into the state health delivery system.
(iv) Collaborate with state agencies, private health organizations and professional and community organizations in a continuing effort to improve needed rural, primary care and other health care services for the people of Wyoming;
(v) Administer the loan repayment programs created by W.S. 9-2-118 and 9-2-119;
(vi) In collaboration with the state health officer and the state chief information officer, represent the department of health in a consortium of state agencies, private health organizations and professional and community organizations to facilitate the operations of a statewide interoperable telemedicine/telehealth network using existing internet protocol based communication and videoconferencing infrastructure and telecommunication services to the extent possible. The consortium shall:
(A) Consist of members appointed by the director of the department of health, to include the Wyoming chief information officer or the officer's designee;
(B) Coordinate the development and promotion of statewide standards for an interoperable telemedicine/telehealth network and, where applicable, promote definitions and standards for statewide electronic health transactions;
(C) Promote and conduct education programs that inform network users that information communicated through the use of telemedicine/telehealth shall conform with state and federal privacy and security laws and information security programs established by the state chief information officer;
(D) Have the authority to seek funds for consortium operation and contract as needed to carry out its responsibilities.
(vii) In collaboration with the state health officer and the state chief information officer or their designees, coordinate with appropriate state agencies to establish incentives to implement, promote and facilitate the voluntary exchange of secure telemedicine/telehealth network information between and among individuals, entities and agencies that are providing and paying for services authorized under the Medicaid program, in conformity with rules adopted by the state chief information officer;
(viii) In collaboration with the state health officer and the state chief information officer or their designees, develop and promote a common direction for a statewide interoperable telemedicine/telehealth network among state agencies, in conformity with rules adopted by the department of enterprise technology services;
(ix) As required by W.S. 33-1-303(a)(iv) and in collaboration with the state health officer and the state chief information officer or their designees, collaborate with professional and occupational licensure boards concerning the promulgation of rules and definitions related to the practice of telemedicine/telehealth and the use of telemedicine/telehealth technologies.
9-2-118. Physician and dentist loan repayment program.
(a) The department is authorized to enter into agreements with physicians and dentists who have graduated from accredited residency programs to provide health care in this state. The agreements shall:
(i) Provide for the physician or dentist to practice medicine in a community of the state from among a list of communities developed by the department. A physician or dentist shall agree to provide medical care for the period of the contract 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 physician or dentist is qualified to provide;
(ii) Provide that the physician or dentist shall be repaid up to one hundred percent (100%) of the amount of outstanding educational loans the physician or dentist has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing medical or dental services, not to exceed thirty thousand dollars ($30,000.00) per year, in exchange for practicing his profession under the terms of this section;
(iii) Require the physician or dentist to practice for a minimum of three (3) years under the agreement;
(iv) Repealed by Laws 2005, ch. 148, § 2.
(v) Contain other provisions the department deems necessary or appropriate to accomplish the purposes of this section.
(b) The department, in consultation with the appropriate licensing board and professional association, shall promulgate rules necessary to carry out the purposes of this section. In carrying out this section the department shall assess health care needs of the state by geographic areas and practice specialties and shall prioritize and enter into agreements under this section accordingly.
(c) The department may vary the terms of each agreement in accordance with this section based upon the community and the number of the physician's or dentist's patients whose cost of care is reimbursed under Title XVIII of the federal Social Security Act, the child health insurance program or the Wyoming Medical Assistance and Services Act.
(d) Repealed By Laws 2008, Ch. 121, § 3.
9-2-119. Allied health care provider loan repayment program.
(a) The department is authorized to enter into agreements with health care providers licensed or certified to provide health care services in this state including, but not limited to, hospital, medical, surgical, dental, vision, nursing, radiology, mental health, speech language pathology and pharmaceutical services. The agreements shall:
(i) Require the health care provider to provide health care services in a community of the state from among a list of communities developed by the department. A health care provider shall agree to provide medical care for the period of the contract 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;
(ii) Provide that the health care provider shall be repaid up to one hundred percent (100%) of the amount of outstanding educational loans the provider has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing medical services, not to exceed twenty thousand dollars ($20,000.00) per year, in exchange for practicing under the terms of this section;
(iii) Require the health care provider to agree to provide health care services for a minimum of three (3) years under the agreement;
(iv) Repealed By Laws 2005, ch. 148, § 2.
(v) Contain other provisions the department deems necessary or appropriate to accomplish the purposes of this section.
(b) The department, in consultation with the appropriate licensing board and professional association, shall promulgate rules necessary to carry out the purposes of this section. In carrying out this section the department shall assess health care needs of the state by geographic areas and particular health care services required and shall prioritize and enter into agreements under this section accordingly.
(c) The department may vary the terms of each agreement in accordance with this section based upon the community and the number of the health care provider's patients whose cost of care is reimbursed under Title XVIII of the federal Social Security Act, the child health insurance program or the Wyoming Medical Assistance and Services Act.
(d) Repealed by Laws 2006, ch. 118 § 2.
(e) In selecting health care providers for agreements pursuant to this section, the department shall give priority when practical to qualified graduates of the University of Wyoming or a Wyoming community college.