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.

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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.

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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.

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 Repealed by Laws 1983, ch. 63, § 2.

Repealed by Laws 1983, ch. 63, § 2.

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 Repealed by Laws 1983, ch. 63, § 2.

Repealed by Laws 1983, ch. 63, § 2.

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35-2-118. Reserved.

Reserved.

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 Repealed by Laws 1989, ch. 277, § 2.

Repealed by Laws 1989, ch. 277, § 2.

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 Repealed by Laws 1989, ch. 277, § 2.

Repealed by Laws 1989, ch. 277, § 2.

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 Repealed by Laws 1987, ch. 52, § 1.

Repealed by Laws 1987, ch. 52, § 1.

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35-2-122. In-person visitation with clergy members.

(a) As used in this section: (i) "Clergy member" means a rabbi, priest, minister or any person acting as a lay religious counselor of any religious denomination or sect; (ii) "Health care facility" includes but is not limited to as defined in W.S. 35-2-901(a)(x); (iii) "Public health emergency" means as defined in W.S. 35-4—115(a)(i). (b) Except as provided in subsection (c) of this section, no health care facility shall prohibit a resident or patient of that facility from receiving in-person visitation with a clergy member during a public health emergency, provided that the visitation is at the request of: (i) The patient or resident; or (ii) The patient's or resident's legally authorized representative, including a family member of the patient or resident, if the patient or resident is incapacitated. (c) During a public health emergency, a health care facility may impose and enforce requirements promulgated under W.S. 35-1-240 or by the centers for disease control and prevention, the centers for Medicaid and Medicare services, the state health officer under W.S. 35-1-240, the joint commission on the accreditation of healthcare organizations or other accredited organizations that provide deemed status on behalf of the centers for Medicaid and Medicare services for health care for clergy members to comply with to visit patients or residents of that facility. A health care facility shall not prohibit a clergy member from visiting a patient or resident in that facility unless the clergy member refuses to follow the requirements that the health care facility has required in accordance with this subsection.

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35-2-201. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-202. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-203. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-204. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-205. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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

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

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

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

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35-2-208. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-209. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-210. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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35-2-211. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.

225, § 1.

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

Repealed by Laws 1985, ch. 227, § 2.

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

Repealed by Laws 1985, ch. 227, § 2.

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

Division 1. In General

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35-2-301. Short title.

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

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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.

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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.

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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.

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

Repealed by Laws 1979, ch. 155, § 3.

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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. Division 2. Survey and Planning

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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.

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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.

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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. Division 3. State Plan

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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.

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