Wyoming · 35 · statute
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sha256 1195dea407a948ceb914de6daee6e7d9200427a5949d7aeb2d59f17f4d863e5e
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For the purposes of this act, a standard serological test shall be a test for syphilis approved by the state department of health, and shall be performed in a laboratory approved by the state department of health. Such laboratory tests as are required by this act shall be performed on request without charge at the state department of health laboratory.
Propose a changeEvery physician licensed to practice medicine attending a pregnant woman in the state for conditions relating to her pregnancy during the period of gestation or at delivery shall take, or cause to be taken, a sample of blood of such woman at the time of her first professional visit or within ten (10) days thereafter. The blood specimen thus obtained shall be submitted to an approved laboratory for a standard serological test for syphilis. Every other person permitted by law to attend pregnant women in the state but not permitted by law to take blood samples, shall cause a sample of blood of such pregnant women to be taken by a physician duly licensed to practice medicine and have such sample submitted to an approved laboratory for a standard serological test for syphilis.
Propose a changeIn reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed, and the approximate date when the specimen was taken. In no event shall the birth certificate state the result of the test.
Propose a changeAny licensed physician and surgeon, or other person, engaged in attendance upon a pregnant woman during the period of gestation and/or at delivery, or any representative of a laboratory who violates the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed one hundred dollars ($100.00); provided, however, every licensed physician and surgeon or other person engaged in attendance upon a pregnant woman during the period of gestation or at delivery, who requests such specimen in accordance with the provisions of W.S. 35-4-502, and whose request is refused, shall not be guilty of a misdemeanor.
Propose a changeThe district attorneys for the several counties in the state shall prosecute for violation of this act as for other crimes and misdemeanors.
Propose a changeAny member of the following boards or officers to-wit: The board of health of any city, town or county in the state; the mayor or common council of any city, and the officers or board having direction or control of any almshouse, prison hospital, house of correction or jail, in the state, shall, when so requested, surrender the dead bodies of such persons as may be required to be buried at the public expense, to any regularly licensed physician or dentist or medical college in the state or to a person certified by a state or local law enforcement agency to train search and rescue animals, in accordance with such rules as may be prescribed by the state department of health; such bodies to be used by said physician, dentist, medical college or person, for the advancement of anatomical science or the training of search and rescue animals; preference being given to the faculty of any legally organized state medical college or school of anatomy, for their use in the instruction of medical students; provided that in no case shall the faculties or other officers of such medical college or school of anatomy require or receive from any medical student or students, for such body so furnished therein, any sum of money in excess of the actual cost of procuring the same.
Propose a change(a) No such body shall in any case be surrendered if: (i) The deceased in his or her last illness requested to be not dissected; or (ii) If within forty-eight (48) hours after his or her death, any person of kindred or a friend of the deceased shall request the body for burial; or (iii) If such deceased was a stranger or a traveler who died suddenly before making himself or herself known; or (iv) If such deceased person was honorably discharged from any arm of the military or naval service of the United States.
Propose a changeIt shall not be lawful for any person so receiving dead bodies to use the same, except for the prosecution of anatomical science or the training of search and rescue animals, or elsewhere than in this state; and the state department of health in its rules and regulations in regard to the distribution of the same, may require each applicant to furnish a good and sufficient bond that the provisions of this act will be observed. Whosoever shall use said body for any other purpose, or shall remove the same beyond the limits of the state, or whosoever shall traffic, trade or deal with said bodies for a commercial purpose shall be deemed guilty of a misdemeanor and shall be fined, on conviction, not less than one hundred dollars ($100.00) and be imprisoned in the county jail for a period of not less than thirty (30) days or more than one (1) year; the fine accruing from said conviction to be paid to the school fund of the county, wherein such offense was committed.
Propose a changeAny officer refusing to deliver the remains or dead body of the deceased person, when demanded in accordance with the provisions of this act and the rules and regulations set forth by the state department of health, shall pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00); such penalties to be sued for by the department of health as the case may be.
Propose a changeIt shall be the duty of all parties, who may secure dead bodies under provisions of this act, to bury the same decently in some public cemetery within a reasonable time after dissection or use, or cremate the same or make such other disposition as may be prescribed by the state department of health. For any violation of this provision, the party or parties so neglecting shall on conviction, forfeit or pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00), or be imprisoned in the county jail not less than six (6) months nor more than twelve (12) months or both, at the discretion of the court; such penalties to be sued for by the school officers or anyone interested therein, for the benefit of the school fund of the county in which the offense shall have been committed.
Propose a changeThe state department of health shall, within thirty (30) days after passage of this act, promulgate rules and regulations as called for by W.S. 35-4-601.
Propose a changeAny regularly licensed physician or dentist of the state, any medical student who is a regular matriculate of a recognized medical college, under authority of such physician, any person certified by a state or local law enforcement agency to train search and rescue animals or any person authorized by the Revised Uniform Anatomical Gift Act may have in his possession human dead bodies, or parts thereof, lawfully obtained, for the purpose of anatomical inquiry or dissection or for training of search and rescue animals.
Propose a changeRepealed By Laws 2013, Ch. 190, § 1.
Propose a changeRepealed By Laws 2013, Ch. 190, § 1.
Propose a changeRepealed By Laws 2013, Ch. 190, § 1.
Propose a changemetabolic diseases and hearing defects in newborn children; conduct of screening; exceptions; fees. (a) Every child born in the state of Wyoming shall be given medical examinations for detection of remedial inborn errors of metabolism, major hearing defects and any other metabolic or genetic diseases as determined by the committee established by subsection (b) of this section. The screening shall be conducted in accordance with accepted medical practices and in the manner prescribed in rule by the state department of health. (b) The specific tests to be done shall be determined by a committee consisting of the following: (i) The state health officer in the department of health; (ii) The president of the Wyoming state medical society; (iii) A member designated by the Wyoming state pediatric society; (iv) A member who is a board-certified obstetrician/gynecologist. (c) Informed consent of parents shall be obtained and if any parent or guardian of a child objects to a mandatory examination the child is exempt from subsection (a) of this section. The department of health shall provide educational information to healthcare providers for distribution to the parent containing information on the testing procedures, the diseases being screened and the consequences of screening or nonscreening. (d) Following consultation with the committee described in subsection (b) of this section, the department of health may provide by rule and regulation for the assessment of a fee, payable to the department, to cover the reasonable cost of the screenings required by this section. Fees collected pursuant to this subsection shall be deposited into a separate account and are continuously appropriated to the department of health for purposes of the newborn screening program required by this section.
Propose a change(a) The state department of health shall make all rules and regulations necessary for: (i) Dissemination of the provisions of W.S. 35-4-801 to all hospitals and physicians within the state; and (ii) Implementation of W.S. 35-4-801, as amended.
Propose a changeThis article may be cited as the "Emergency Administration of Medical Treatment Act."
Propose a change(a) As used in this article: (i) "Opiate antagonist" means any device or medication approved by the United States food and drug administration for the treatment of an opiate related drug overdose; (ii) "Opiate related drug overdose" means a condition, including extreme physical illness, a decreased level of consciousness or respiratory depression resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, that a reasonable person would believe to require medical assistance; (iii) "Pharmacist" means any person licensed under Wyoming statutes as a pharmacist and who is practicing within the scope of their license; (iv) "Practitioner" means any person licensed under Wyoming statutes as a physician, physician assistant or advanced practice registered nurse and who is practicing within the scope of their license; (v) "Standing order" means an order transmitted electronically or in writing by a practitioner for a drug or device for a patient or multiple patients with whom no prescriber-patient relationship exists; (vi) "Entity" means any person as defined in W.S. 8-1-102(a)(vi), and includes the University of Wyoming and Wyoming community colleges, who employs persons who, in the course of their official duties or business, may encounter a person experiencing anaphylaxis or an opioid related drug overdose; (vii) "Opioid" or "opiate" means an opiumlike compound that binds to one (1) or more of the major opioid receptors in the body; (viii) "Epinephrine" means a device or method that administers the drug epinephrine to a person experiencing anaphylaxis and includes epipens, nasal sprays or any other device or method under a different name used for emergency epinephrine delivery for the treatment of anaphylaxis and which device or method is approved by the United States food and drug administration.
Propose a change(a) A practitioner or a pharmacist acting in good faith and exercising reasonable care may, without a prescriber-patient relationship, prescribe epinephrine or an opiate antagonist to: (i) A person at risk of experiencing anaphylaxis or an opiate related drug overdose; (ii) A person in a position to assist a person at risk of experiencing anaphylaxis or an opiate related drug overdose; (iii) A person who, in the course of the person's official duties or business, may encounter a person experiencing anaphylaxis or an opiate related drug overdose. (b) A practitioner or pharmacist who prescribes epinephrine or an opiate antagonist under this article shall provide education to the person to whom the epinephrine or opiate antagonist is prescribed, which shall include written instruction on how to: (i) Recognize anaphylaxis or an opiate related drug overdose; (ii) Respond appropriately to an anaphylaxis or opiate related drug overdose event, including how to administer epinephrine or administer an opiate antagonist; (iii) Ensure that a person to whom epinephrine or an opiate antagonist has been administered receives, as soon as possible, additional medical care and a medical evaluation.
Propose a changeantagonist; anaphylaxis and drug overdose treatment policy; rules. (a) A practitioner acting in good faith and exercising reasonable care may prescribe by a standing order epinephrine or an opiate antagonist to an entity that, in the course of the entity's official duties or business, may be in a position to assist a person experiencing anaphylaxis or an opiate related drug overdose. (b) An entity prescribed epinephrine or an opiate antagonist by standing order shall establish an anaphylaxis or a drug overdose treatment policy in accordance with rules adopted by the department of health. The anaphylaxis or drug overdose treatment policy shall: (i) Provide for the designation of individuals to receive training and instructional materials on how to recognize and respond to anaphylaxis or an opiate related drug overdose and ensure that a person to whom epinephrine or an opiate antagonist has been administered receives additional medical care and a medical evaluation; (ii) Provide for reporting to the department of health, in the manner and form prescribed by the department, all anaphylaxis events or opiate related drug overdoses for which epinephrine or an opiate antagonist is administered under this article. (c) The Wyoming state board of medicine and the Wyoming state board of nursing may adopt rules as necessary to implement and administer a prescription of epinephrine or an opiate antagonist by a standing order.
Propose a changeThis article does not establish a duty or standard of care for a person to prescribe or administer epinephrine or an opiate antagonist.
Propose a changeantagonist; immunity from liability; exemption from unprofessional conduct; relation to other law. (a) A person acting in good faith may administer epinephrine or an opiate antagonist to another person who appears to be experiencing anaphylaxis or an opiate related drug overdose. (b) A person who administers epinephrine or an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury. (c) A practitioner or pharmacist who prescribes epinephrine or an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury. (d) An entity that establishes an anaphylaxis or drug overdose treatment policy pursuant to this article is immune from civil or criminal liability for any act or omission related to the administration of epinephrine or an opiate antagonist resulting in damage or injury. (e) Prescribing epinephrine or an opiate antagonist by a practitioner or pharmacist pursuant to this article shall not constitute unprofessional conduct. (f) Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act conflict with any provision of this article, this article shall prevail.
Propose a change(a) As used in this section: (i) "Child" means a person who is younger than eighteen (18) years of age; (ii) "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession; (iii) "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act. (b) Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall: (i) Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty; (ii) Perform a mastectomy; (iii) Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility: (A) Puberty suppression or blocking prescription drugs to stop or delay normal puberty; (B) Supraphysiologic doses of testosterone to females; (C) Supraphysiologic doses of estrogen to males. (iv) Remove any otherwise healthy or nondiseased body part or tissue. (c) This section shall not apply to: (i) Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue; (ii) Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty. (d) Nothing in this section shall be construed to prohibit a minor from receiving mental health treatment, provided that such treatment shall not include any treatments prohibited by subsection (b)(iii) of this section.
Propose a changeThis act shall be known and may be cited as the "Stem Cell Freedom Act."
Propose a change(a) As used in this article: (i) "Current good manufacturing practices" means the quality, safety and manufacturing practice standards employed under this act that are consistent with applicable federal law; (ii) "Institutional review board" means a group duly constituted and currently registered in accordance with applicable federal law that provides initial approval and continuing oversight of the stem cell therapies being offered under this act, including adverse event reporting and the approval of a form to be used for informed consent between a physician and patient or the patient's legal representative prior to the use of stem cell therapy; (iii) "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase one (1) of a clinical trial but has not yet been approved for general use by the United States food and drug administration and remains under investigation in a clinical trial; (iv) "Physician" means a person licensed to practice medicine by the state board of medicine pursuant to title 33, chapter 26 of the Wyoming statutes. "Physician" shall not include a physician assistant as defined by W.S. 33-26-501(a)(iii); (v) "Stem cell therapy" means treatment involving the use of autologous mesenchymal stem cells, including but not limited to the collection, processing, cultural expansion, manufacturing, storage and therapeutic use of stem cells. "Stem cell therapy" shall not include, whether directly or indirectly, the use of any biological material derived from an abortion; (vi) "This act" means W.S. 35-4-1101 through 35-4-1106.
Propose a change(a) Notwithstanding W.S. 35-7-118 and any other law to the contrary, a patient may receive, and a physician may perform, stem cell therapy that has not been approved by the United States food and drug administration if: (i) The therapy is conducted in accordance with a current institutional review board approval or is an investigational drug, biological product or device; (ii) The stem cells are manufactured and handled in accordance with current good manufacturing practice standards; (iii) A physician-patient relationship exists between the physician administering the stem cell therapy and the person receiving the therapy; (iv) The physician is registered with the Wyoming state board of medicine to provide stem cell therapy pursuant to this act; (v) The patient or legally recognized representative of the patient has provided written informed consent acknowledging: (A) The nature and character of the proposed stem cell therapy; (B) That stem cell therapy is not approved by the United States food and drug administration; (C) The potential benefits, risks and complications associated with stem cell therapy and the procedure to be performed; and (D) The financial responsibility of the patient or legally recognized representative of the patient in paying for the stem cell therapy to be received. (b) Stem cell therapy provided pursuant to this act shall be administered by a physician or under the direct supervision of a physician. Activities other than the actual administration of the stem cells to the patient shall be supervised by a physician. (c) No person authorized under this act to perform stem cell therapy or manufacture stem cells shall be obligated by this act to provide stem cell therapy or stem cells but may do so according to the person's own discretion and judgment. (d) A health carrier as defined by W.S. 26-13-303(a)(iii) may but shall not be required to provide coverage for costs associated with stem cell therapy. (e) This act shall not prohibit the performing of any stem cell therapy or activity otherwise allowed by law. A person shall not perform, advertise or represent that the person is providing stem cell therapy under this act if the person does not comply with the provisions of this act.
Propose a changeNotwithstanding any other provision of law, the Wyoming state board of medicine shall not revoke, fail to renew, suspend or take any other action against a physician's license based solely on the physician's recommendations to a patient regarding access to or treatment with stem cell therapy or the performance of stem cell therapy, provided that the recommendations or procedures are consistent with medical standards of care and that the physician is registered with the Wyoming state board of medicine to provide stem cell therapy under this act.
Propose a changeAn official, employee or agent of this state or any political subdivision of this state shall not prohibit or attempt to prohibit a patient's access to stem cell therapy. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care provider shall not constitute a violation of this section.
Propose a changeThis act shall not create a private cause of action against any person involved in the care of any patient using stem cell therapy or the manufacturing of stem cells if the person is complying with the requirements of this act and medical standards of care.
Propose a changeThis act shall be known and may be cited as the "Wyoming Pregnancy Center Autonomy and Rights of Expression (CARE) Act."
Propose a change(a) As used in this act: (i) "Abortion" means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of the unborn child. "Abortion" shall not include any use, prescription or means specified in this paragraph if the use, prescription or means are done with the intent to: (A) Save the life or preserve the health of the unborn child; (B) Remove a dead unborn child caused by miscarriage or stillbirth; (C) Remove an ectopic pregnancy; or (D) Perform a procedure, based on reasonable medical judgment, that is necessary to save the life of or prevent serious physical injury to the pregnant woman. (ii) "Abortion-inducing drug" means any medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of an unborn child. "Abortion-inducing drug" includes the off-label use of any substance intended to induce an abortion. "Abortion-inducing drug" does not include drugs that may be known to cause an abortion but are prescribed for other medical indications; (iii) "Contraception" means the use of any natural or artificial means to prevent the fertilization of a human ovum; (iv) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity; (v) "Miscarriage" or "stillbirth" means a spontaneous loss of an unborn child; (vi) "Pregnancy center" means a private nonprofit organization that promotes childbirth and alternatives to abortion and provides people with resources, counseling, classes, referrals and information related to pregnancy, childbearing, adoption and parenting. A medical pregnancy center may provide medical testing, counseling and pregnancy-related care; (vii) "This act" means W.S. 35-4-1201 through 35-4-1204.
Propose a change(a) The state and any of its political subdivisions, counties, cities, towns, special districts and agencies shall not, through the adoption or enactment of any law, ordinance, resolution, policy or similar measure: (i) Require a pregnancy center to offer or perform abortions; (ii) Require a pregnancy center to offer, provide or distribute abortion-inducing drugs or contraception; (iii) Require a pregnancy center to refer any person for abortion, an abortion-inducing drug or contraception; (iv) Require a pregnancy center to counsel in favor of abortion, abortion-inducing drugs or contraception; (v) Require a pregnancy center to post any advertisement, sign, flyer or other similar material that promotes or provides any information about obtaining an abortion, abortion-inducing drugs or contraception; (vi) Prohibit a pregnancy center from providing information, care, counseling, classes or other services related to pregnancy, childbirth or parenting because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion-inducing drugs or contraception; (vii) Prohibit a pregnancy center from providing prenatal and postnatal resources, including diapers, baby clothes, baby furniture, formula and similar items because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion-inducing drugs or contraception; (viii) Prohibit a medical pregnancy center from providing medical testing, counseling and care related to pregnancy or childbirth because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion-inducing drugs or contraception; (ix) Prohibit a medical pregnancy center from counseling a woman on any pregnancy-related care or treatment, including care or treatment that may reverse the effects of abortion-inducing drugs; (x) Interfere with the pregnancy center's staffing or hiring decisions by requiring the center to interview, hire or continue to employ any person who does not affirm the center's mission statement or agree to comply with the center's pro-life ethic and operating procedure.
Propose a change(a) A pregnancy center or any person aggrieved by a violation of this act may commence a civil action for injunctive, equitable or declaratory relief permitted by law. Nothing in this subsection shall be construed to limit any other remedies that may be available under any other federal, state or municipal law.
Propose a changeRepealed By Laws 2009, Ch. 97, § 3.
Propose a changeRepealed By Laws 2009, Ch. 97, § 3.
Propose a changeRepealed By Laws 2009, Ch. 97, § 3.
Propose a changeRepealed By Laws 2009, Ch. 97, § 3.
Propose a changeRepealed By Laws 2009, Ch. 97, § 3.
Propose a changeRepealed By Laws 2009, Ch. 97, § 3.
Propose a change