(a) As used in this section and W.S. 35-7-1059:
(i) "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. "Booby trap" includes guns, ammunition or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wire with hooks attached and devices for the production of toxic fumes or gases;
(ii) "Clandestine laboratory operation" means:
(A) Purchasing or procuring chemicals, supplies, equipment or a laboratory location for the illegal manufacture of controlled substances;
(B) Transporting or arranging for the transportation of chemicals, supplies or equipment for the illegal manufacture of controlled substances;
(C) Setting up equipment or supplies in preparation for the illegal manufacture of controlled substances; or
(D) Distributing or disposing of chemicals, equipment, supplies or products used in or produced by the illegal manufacture of controlled substances.
(iii) "Disposal" means abandoning, discharging, depositing, injecting, dumping, spilling, leaking or placing any hazardous or dangerous material into or on any property, land or water so that the material may enter the environment, be emitted into the air or discharged into any waters, including groundwater;
(iv) "Equipment" or "laboratory equipment" means all products, components or materials of any kind when used, intended for use or designed for use in the manufacture, preparation, production, compounding, conversion or processing of a controlled substance in violation of this section or W.S. 35-7-1059. "Equipment" or "laboratory equipment" includes:
(A) Glass reaction vessel;
(B) Separatory funnel;
(C) Glass condensor;
(D) Analytical balance; or
(E) Heating mantle.
(v) "Hazardous or dangerous material" means any substance which because of its quantity, concentration, physical characteristics or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise improperly managed;
(vi) "List I controlled substance precursor" means, including a chemical reagent, any salt, isomer or salt of an isomer of:
(A) Anthranilic acid;
(B) Barbituric acid;
(C) Benzaldehyde;
(D) Benzyl chloride;
(E) Benzyl cyanide;
(F) D-lysergic acid;
(G) Diethyl malonate;
(H) Ephedrine;
(J) Ergonovine;
(K) Ergotamine;
(M) Ethyl malonate;
(N) Ethylamine;
(O) Hydriotic acid;
(P) Insosafrole;
(Q) Malonic acid;
(R) Methylamine;
(S) 3,4-methylenedioxyphenyl-2-propanone;
(T) Morpholine;
(U) N-acetylanthranilic acid;
(W) N-ethylephedrine;
(Y) N-ethylpseudoephedrine;
(Z) N-methylephedrine;
(AA) N-methylpseudoephedrine;
(BB) Norpseudoephedrine;
(CC) Nitroethane;
(DD) Phenyl-2-propanone;
(EE) Phenylacetic acid;
(FF) Phenylpropanolamine;
(GG) Piperidine;
(HH) Piperonal;
(JJ) Propionic anhydride;
(KK) Pseudoephedrine;
(MM) Pyrrolidine;
(NN) Safrole.
(vii) "List II controlled substance precursor" means, including a chemical reagent, any salt, isomer or salt of an isomer of:
(A) Acetic anhydride;
(B) Acetone;
(C) 2-butanone;
(D) Ethyl ether;
(E) Hydrochloric acid;
(F) Iodine;
(G) Potassium permanganate;
(H) Toluene.
(viii) Repealed by Laws 2019, ch. 186, § 2.
methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.
(a) It is unlawful for any person to knowingly or intentionally:
(i) Possess a List I or II controlled substance precursor with the intent to engage in a clandestine laboratory operation;
(ii) Possess laboratory equipment or supplies with the intent to engage in a clandestine laboratory operation;
(iii) Sell, distribute or otherwise supply a List I or II controlled substance precursor, laboratory equipment or laboratory supplies knowing it will be used for a clandestine laboratory operation;
(iv) Conspire with or aid another to engage in a clandestine laboratory operation.
(b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than twenty (20) years, a fine of not more than twenty-five thousand dollars ($25,000.00), or both.
(c) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than twenty-five (25) years, a fine of not more than fifty thousand dollars ($50,000.00), or both if the judge or jury also finds any one (1) of the following conditions occurred in conjunction with that violation:
(i) Illegal possession, transportation or disposal of hazardous or dangerous material or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment;
(ii) The intended laboratory operation was to take place or did take place within five hundred (500) feet of a residence, business, church or school; or
(iii) Any phase of the clandestine laboratory operation was conducted in the presence of a person less than eighteen (18) years of age.
(d) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than forty (40) years, a fine of not more than one hundred thousand dollars ($100,000.00), or both if the judge or jury also finds any one (1) of the following conditions occurred in conjunction with that violation:
(i) Use of a firearm;
(ii) Use of a booby trap.
(e) Except as provided in this subsection, no person shall possess a drug product containing more than fifteen (15) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers. This subsection shall not apply to the following persons who are lawfully possessing drug products in the course of legitimate business:
(i) A retail distributor or wholesaler of drug products registered with the board;
(ii) A wholesale drug distributor licensed by the board;
(iii) A drug manufacturer licensed by the board;
(iv) A pharmacist licensed by the board;
(v) A licensed health care professional possessing the drug products in the course of practicing his profession;
(vi) A person in possession of more than fifteen (15) grams of methamphetamine precursor drugs in the person's home or residence under circumstances consistent with typical medicinal or household use as indicated by, but not limited to, storage location and possession of products in a variety of strengths, brands, types, purposes and expiration dates.
(f) A person who knowingly or intentionally violates subsection (e) of this section is guilty of a felony punishable by imprisonment for not more than fifteen (15) years, a fine of twenty-five thousand dollars ($25,000.00), or both.
(g) The retail sale of methamphetamine precursor drugs shall be limited as follows:
(i) No person shall obtain more than a total of three and six-tenths (3.6) grams per calendar day, regardless of the number of transactions, of one (1) or more methamphetamine precursor drugs, calculated in terms of the active equivalent of ephedrine base, pseudoephedrine base or phenylpropanolamine base;
(ii) Sales in blister packs, each blister containing not more than two (2) dosage units or, when the use of blister packs is not technically feasible, sales in unit dose packets or pouches;
(iii) No person shall obtain more than nine (9) grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base, of which no more than seven and one-half (7.5) grams can be imported by private or commercial carrier or the United States postal service, during any thirty (30) day period.
(h) No person shall sell in a single retail transaction more than two (2) packages of a product containing methamphetamine precursor drugs. The seller shall maintain a written or electronic list of such sales in a logbook that identifies the products by name, the quantity sold, the names and addresses of purchasers, and the date and time of the sales except that such requirement does not apply to any purchase by an individual of a single sales package if that package contains not more than sixty (60) milligrams of pseudoephedrine. The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the entry is made. The regulated seller who in good faith releases logbook information to federal, state or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton or willful misconduct.
(j) A retail distributor of products containing methamphetamine precursors shall sell them in one (1) of the following ways:
(i) Product packages are displayed behind a store counter, in an area not accessible to customers;
(ii) Product packages are displayed in a locked case so that a customer must ask a store employee for assistance in purchasing the product;
(iii) Product packages are displayed within thirty (30) feet of and in the direct line of sight of a cash register or store counter staffed by a store employee and the store employs a reliable alarm system to prevent the theft of multiple product packages;
(iv) Product packages are displayed in a location that is under constant video surveillance and:
(A) Persons examining or removing packages are within the camera's view;
(B) The video camera records recognizable images at least once every ten (10) seconds;
(C) Surveillance images are preserved for at least one hundred sixty-eight (168) hours and are available to law enforcement authorities immediately upon request;
(D) The retail distributor posts a sign in a prominent manner stating that the area is under constant video surveillance;
(E) The retail distributor reports to local law enforcement any theft or suspected thefts.
(k) A person who intentionally or knowingly violates subsection (g), (h) or (j) of this section is guilty of a misdemeanor punishable by a fine of one hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00) for a second offense within two (2) years and one thousand dollars ($1,000.00) and up to six (6) months imprisonment, or both, for a third offense within three (3) years.
(m) A resident or nonresident retailer, manufacturer or wholesaler who distributes ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers in Wyoming shall:
(i) Register with the board by submitting an application on a form prescribed by the board and pay a registration fee of twenty-five dollars ($25.00). Where the retailer, manufacturer or wholesaler distributions are conducted at more than one (1) location, each location shall be separately registered. Except as provided in subsection (n) of this section, those facilities registered with the board under W.S. 35-7-1024 on July 1, 2005, shall not be required to register under this section;
(ii) Notify the board of the occurrence of any of the following:
(A) The permanent closing of the retailer, manufacturer or wholesaler outlet;
(B) A change in ownership, name, management or location.
(iii) Be subject to inspection by the board. Inspections shall be conducted during normal business hours and shall be limited to the following:
(A) For retail distribution, inspection of the method of display and sale of any drug products covered by this section;
(B) For manufacturer or wholesaler distribution, inspection of the purchase and sale records of any drug products covered by this section.
(iv) Display the registration issued by the board in a conspicuous location in the place of business;
(v) Repealed By Laws 2011, Ch. 45, § 2.
(n) A registration issued under this section shall be renewed annually, on or before September 30, by submitting a renewal application supplied by the board and paying the renewal fee of twenty-five dollars ($25.00). Renewal applications postmarked after September 30 shall be subject to a late fee of fifty dollars ($50.00) which shall be in addition to the renewal fee.
(o) The board may revoke, suspend or assess an administrative penalty for violations of subsection (m) of this section not to exceed one hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00) for a second offense within two (2) years and one thousand dollars ($1,000.00) for a third offense within three (3) years. Any administrative penalty assessed shall be paid to the board who shall remit the monies to the county treasurer to the credit of the public school fund of the county in which the violation occurred.
(p) For purposes of this section, "methamphetamine precursor drug" means any product that contains ephedrine, pseudoephedrine or phenylpropanolamine or liquid products with ephedrine or pseudoephedrine as the sole active ingredient and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act as a nonprescription drug. Article X.
(a) In addition to other duties and responsibilities as provided by this act, the board shall maintain a computerized program to track prescriptions for controlled substances for the purposes of assisting patients, practitioners and pharmacists to avoid inappropriate use of controlled substances and of assisting with the identification of illegal activity related to the dispensing of controlled substances. The tracking program and any data created thereby shall be administered by the board, and the board may charge reasonable fees to help defray the costs of operating the program. Any fee shall be included with and in addition to other registration fees established by the board as authorized in W.S. 35-7-1023. The board shall promulgate rules to administer the tracking program under this section. Rules adopted under this subsection may specify requirements and procedures for practitioners, pharmacists and any other person authorized or required to use the tracking program.
(b) Except as otherwise provided in this subsection, when a practitioner, other than a veterinarian, prescribes a schedule II, III, IV or V controlled substance, the practitioner or his delegate shall search the prescription tracking program for prior prescriptions issued to the patient before first issuing the prescription and as needed thereafter based on current best practice guidelines for the practitioner's licensed profession, except for prescribed opioids for which the practitioner or his delegate shall repeat the search every three (3) months thereafter for as long as the prescribed opioids remain a part of the patient's treatment. A practitioner who prescribes a schedule V controlled substance shall only be required to search the program as otherwise provided in this subsection if the substance is an opioid. A dispenser, other than a veterinarian, shall electronically file with the board information regarding any prescription for a schedule II, III, IV or V controlled substance dispensed by the dispenser no later than the close of business on the business day immediately following the day the controlled substance was dispensed. The board may grant a reasonable time extension to a dispenser or practitioner who is unable to electronically file or search information as required under this subsection. The board may require the filing of other prescriptions and may specify the manner in which the prescriptions are filed. The board may, by rule and regulation, provide exemptions from the requirements of this subsection including but not limited to exemptions for prescriptions dispensed in certain inpatient health care settings, for settings where the risk for diversion or misuse of medication is found by the board to be minimal and exemptions for emergencies and other situations as determined by the board in consultation with other professional licensing boards that license practitioners who are affected by the requirements of this subsection.
(c) The tracking program shall not be used to infringe on the legal use of a controlled substance. Information obtained through the controlled substance prescription tracking program is confidential and may not be released and is not admissible in any judicial or administrative proceeding, except as follows:
(i) The board may release information to practitioners and practitioner appointed delegates and to pharmacists and pharmacist appointed delegates when the release of the information may be of assistance in preventing or avoiding inappropriate use of controlled substances. The board shall release information to practitioners and practitioner appointed delegates and to pharmacists and pharmacist appointed delegates when the release of the information is necessary to comply with the requirements of subsection (b) of this section;
(ii) The board shall report any information that it reasonably suspects may relate to fraudulent or illegal activity to the appropriate law enforcement agency and the relevant occupational licensing board;
(iii) The board may release information to the patient to whom the information pertains or his agent or, if the patient is a minor, to his parents or guardian;
(iv) The board may release information to a third party if the patient has signed a consent specifically for the release of his controlled substance prescription information to the specific third party;
(v) The board may release information that does not identify individual patients, practitioners, pharmacists or pharmacies, for educational, research or public information purposes;
(vi) Subject to the rules of evidence, information obtained from the program is admissible in a criminal proceeding or an administrative proceeding involving professional licensing;
(vii) The board may establish data sharing agreements for purposes of this section and may release information to participating states when the release of the information may be of assistance in preventing or avoiding inappropriate use of controlled substances.
(d) Unless there is shown malice, gross negligence, recklessness or willful and wanton conduct in disclosing information collected under this act, the board, any other state agency and any other person or entity in proper possession of information as provided by this section shall not be subject to any civil or criminal liability or action for legal or equitable relief.
(e) The board may apply for and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
(f) The board may conduct a survey or audit of a practitioner's usage of the state computerized program to track prescriptions in relation to the practitioner's prescribing patterns. If the board finds low or inappropriate usage of the program the board shall report its findings to the practitioner's professional licensing board.
(a) The provisions and penalties of this chapter shall not apply to:
(i) The possession or use of hemp or hemp products for any purpose or application;
(ii) Persons in possession of any controlled substances for purposes of disposal in accordance with 21 C.F.R. part 1317.30 and 21 C.F.R. part 1317.35;
(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11-51-101 through 11-51-107 and 14-3-310.
(b) As used in this section:
(i) "Hemp" or "hemp product" means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with no synthetic substances and with a THC concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;
(ii) "Synthetic substance" means as defined by W.S. 11-51-101(a)(viii);
(iii) "THC" means as defined by W.S. 11-51-101(a)(vii).
35-7-1064. Drug overdose; limited immunity from prosecution.
(a) A person who, in good faith, seeks medical assistance for himself or another person is immune from criminal prosecution for an offense listed in subsection (c) of this section if:
(i) The person reasonably believes he or another person is experiencing a drug overdose event;
(ii) The person provides a description of the actual location of the drug overdose event;
(iii) The person remains at the scene of the drug overdose event until a responding law enforcement officer or emergency medical service provider arrives or the person remains at the medical care facility where the person experiencing the drug overdose event is located until a responding law enforcement officer arrives;
(iv) The person cooperates with a responding law enforcement officer, emergency medical service provider or medical care provider, including by providing information about the person experiencing the drug overdose event and the type of substance that may have caused the drug overdose event; and
(v) The offense listed in subsection (c) of this section arises from the same course of events as the drug overdose event.
(b) The immunity from prosecution under subsection (a) of this section shall extend to the person experiencing the drug overdose event if all the conditions specified in subsection (a) of this section are satisfied.
(c) The immunity from prosecution under subsection (a) of this section shall apply to the following offenses:
(i) Possession of a controlled substance under W.S. 35-7-1031(c);
(ii) Use of a controlled substance under W.S. 35-7-1039.
(d) A person experiencing a drug overdose event shall only be eligible to receive immunity from prosecution under this section not more than two (2) times in a twelve (12) month period. The limitations under this subsection shall not apply to the person who seeks medical assistance for himself or another person in accordance with subsection (a) of this section. A person experiencing a drug overdose event shall be eligible to receive immunity for a second time in a twelve (12) month period under this subsection only upon the person completing, after the second qualifying drug overdose event, a drug treatment program approved by the applicable district attorney. The district attorney shall approve a drug treatment program consistent with the results of a substance abuse assessment administered at the expense of the person who experienced the drug overdose event.
(e) As used in this section:
(i) "Drug overdose event" means a condition, including extreme physical illness, a decreased level of consciousness or respiratory depression that a reasonable person would believe requires medical assistance to address and correct resulting from the consumption or use of a controlled substance or another substance combined with a controlled substance;
(ii) "Good faith" does not include seeking medical assistance or immunity under this section as a result of using a controlled substance during the course of a law enforcement agency's execution of a search warrant, arrest warrant or other lawful search or arrest.
(f) Nothing in this section shall be interpreted to:
(i) Prohibit the criminal prosecution of a person for an offense other than the offenses specified in subsection (c) of this section;
(ii) Limit the authority of a law enforcement officer to obtain or use evidence obtained from a report, recording or other statement provided by a person seeking medical assistance for himself or another person under this section to investigate and prosecute an offense other than the offenses listed in subsection (c) of this section.
35-7-1101. Established; composition; compensation of members.
There is hereby established the "Wyoming narcotics and drug abuse board". The board shall be composed of the attorney general of Wyoming or his designee, the director of the department of health or his designee and the members of the board of pharmacy. The members shall not receive any compensation in the performance of their duties, but they shall receive per diem, travel expense and mileage expense in the same manner and amount as employees of the state.
35-7-1301. Donation of food; exemption from civil liability.
(a) No person who donates food to a nonprofit organization for use or distribution in providing assistance shall be liable for damages in any civil action resulting from the nature, age, condition or packaging of the donated food except that the exemption does not apply to the willful, wanton or reckless acts of donors which result in injury to recipients of the donated food. For the purposes of this section, "nonprofit organization" includes any corporation organized under W.S. 17-19-101 through 17-19-1807 and does not include organizations which sell or offer to sell donated food.
(b) Any nonprofit organization, which serves or provides food to persons for their consumption as described in subsection
(a) of this section, is liable for any injury resulting from the ingesting of the donated food received, accepted, gathered or removed by that organization, only if that injury is caused by a willful, wanton or reckless act of the organization.
(c) Any nonprofit organization that receives any donated food pursuant to subsection (a) of this section shall not sell or offer to sell the donated food.
(d) Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of donated food for human consumption.
(a) Any game animal, including any big game animal, elk, deer, mountain sheep, wild goat, antelope, moose or bear, lawfully taken by a licensed hunter may be donated to a nonprofit organization under the provisions of W.S. 35-7-1301 to feed individuals in need.
(b) Any donated big game meat shall be subject to the following:
(i) Come from an animal in apparent good health prior to slaughter;
(ii) Come from an animal with intact intestines;
(iii) Be field-dressed immediately after slaughter and be handled in a manner in keeping with generally accepted wild game handling procedures;
(iv) Be processed as soon as possible after slaughter by a custom meat processor or custom game processor;
(v) Be clearly marked as "not for sale";
(vi) Be clearly marked as "donated game meat" in letters not less than three-eights (3/8) of an inch in height;
(vii) Shall not come from any road-kill animal and any road-kill animal shall not be eligible for donation under this section.
(c) Any organization receiving donated game meat shall be advised by the donor or meat processor that the meat should be thoroughly cooked prior to human consumption. Prior to serving any donated game meat, the nonprofit organization shall prominently post a sign indicating the meat is donated game meat, the type of meat processing used, and that the meat has not been inspected.
(d) Any game animal in the possession of the Wyoming game and fish department may be donated if the provisions of this section are followed.
(e) No donated game meat shall be bought, sold or offered for sale or barter by any person.
(f) The department of agriculture shall have authority to examine, sample, seize or condemn any donated game meat if the department has reason to believe the meat is unwholesome under the Wyoming Food, Drug and Cosmetic Safety Act, W.S. 35-7-109 et seq.
35-7-1501. Federal requirements; placement of labels; penalty.
(a) No person shall import into this state any package of cigarettes that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(b) No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by W.S. 39-18-101 et seq. on a package of cigarettes unless that package of cigarettes complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings or any other information upon a package of cigarettes.
(c) No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by W.S. 39-18-101 et seq. on a package of cigarettes if the package is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States.
(d) No person shall affix a stamp, label or decal on a package of cigarettes to conceal the fact that the package was manufactured for use outside of the United States.
(e) No person shall sell or offer to sell a package of cigarettes on which a stamp, label or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.
(f) The violation of any provision of this section is a misdemeanor punishable as provided by W.S. 6-10-104.
(g) Any package of cigarettes found at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department of revenue, by its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages of cigarettes that are so marked when it has reason to believe that the owner possesses the cigarettes for personal use and not for resale.
(h) Any cigarettes seized by virtue of the provisions of subsection (g) of this section shall be confiscated, and the department shall destroy the confiscated goods.
35-7-1502. Federal requirements; affixing labels; penalty.
(a) No person shall import into this state any tobacco product that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(b) No person shall sell or offer to sell any tobacco product unless the package or container of the tobacco product complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package or container of tobacco products.
(c) No person shall sell or offer to sell any tobacco product if the package or container is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(d) No person shall affix a stamp, label, or decal on a package or container of tobacco products to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(e) No person shall sell or offer to sell any tobacco product on which a stamp, label, or decal was affixed to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(f) The violation of any provision of this section is a misdemeanor punishable as provided by W.S. 6-10-104.
(g) Any package or container of tobacco products found at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department of revenue, its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages or containers of tobacco products that are so marked when it has reason to believe that the owner possesses the tobacco products for personal use and not for resale.
(h) Any tobacco products seized by virtue of the provisions of subsection (g) of this section shall be confiscated, and the department shall destroy the confiscated goods.
(a) For purposes of this act:
(i) "Prescription drug" means a pharmaceutical drug which is required by any applicable federal or state law to be dispensed only pursuant to a health care provider's prescription;
(ii) "Health care facility" means as defined in W.S. 35-2-901(a)(x) and that is additionally authorized to maintain an inventory of pharmaceutical drugs for dispensing to the facility's patients or residents;
(iii) "Department" means the department of health.
35-7-1603. Drug donation, redispensing and disposal program established; minimum requirements.
(a) The department shall establish pursuant to its rules and regulations a voluntary drug donation and disposal program as provided in this section.
(b) The drug donation and redispensing program shall have the following features:
(i) Any person or entity, including but not limited to a drug manufacturer, physician or health care facility, may donate drugs to the drug donation program;
(ii) Drugs may be donated at a donation site maintained by the department, a take back event approved by the United States drug enforcement agency or at a physician's office, a pharmacy or a health care facility that elects to participate in the program and meets criteria established by the department;
(iii) Drugs shall be redispensed under the drug donation program only if they are in their original, unopened, sealed packaging or, if the outside packaging is opened, the contents are single unit doses that are individually contained in unopened, tamper evident packaging;
(iv) A drug shall not be redispensed within two (2) months of its expiration date or if the drug appears to be adulterated or misbranded in any way;
(v) Drugs in the donation program may be dispensed under the Medical Assistance and Services Act;
(vi) Drugs shall be delivered either to the department's central collection facility, a take back event approved by the United States drug enforcement agency or one (1) of its regional collection facilities;
(vii) Drugs available for redispensing shall be inventoried and posted on a list of drugs available for redispensing on the department's internet website;
(viii) The department shall provide access to computer systems and technical assistance to aid individuals in applying for government and private prescription drug programs and discounts.
(c) To the extent authorized by applicable federal law, the drug drop off and disposal program shall have the following features:
(i) Drop off locations shall be located with donation sites as provided in paragraph (b)(ii) of this section or local law enforcement agencies approved by the United States drug enforcement agency to the extent necessary under federal law;
(ii) Procedures shall be maintained for the documentation of all collected unused medication;
(iii) Procedures shall be maintained for the environmentally safe disposal of unused medications;
(iv) The department shall provide for public education of potential participating consumers about the availability of the drug disposal program and proper and effective disposal of unused medications;
(v) The department shall cooperate with law enforcement agencies to the extent required for the collection under law enforcement supervision or the secure collection, storage, transport and destruction of controlled substances.
(a) A physician, pharmacy or health care facility that accepts donated drugs under the drug donation program shall comply with all applicable provisions of state and federal law relating to the storage, distribution and dispensing of such drugs and shall inspect all donated drugs prior to dispensing to determine if they appear to be adulterated or misbranded in any way.
(b) Donated drugs may be distributed to another participating physician, pharmacy or health care facility for dispensing.
(c) Donated drugs shall only be dispensed to a patient pursuant to prescription as required by law.
(d) A physician, pharmacy or health care facility may charge a handling fee for distributing or dispensing drugs under the drug donation program, as established by department rules and regulations, but shall not otherwise resell or charge for donated drugs.
(a) In the absence of bad faith, any person who participates in donating, accepting, distributing or dispensing drugs under this act and in accordance with federal law shall be immune from civil or criminal liability or professional disciplinary action of any kind for any related injury, death or loss. No person, in the absence of bad faith, shall be liable for the bad faith of another relating to the provisions of this act.
(b) The immunity provided by this section shall not decrease or increase the civil or criminal liability of a drug manufacturer, distributor or dispenser that would have existed but for the donation.
35-7-1606. Rules and regulations; agency cooperation.
(a) The department, in cooperation with the Wyoming board of pharmacy, shall promulgate rules and regulations implementing the drug donation program established by this act. Initial rules shall be promulgated within ninety (90) days after the effective date of this act and shall include:
(i) Eligibility criteria and other standards and procedures for participating physicians and health care facilities;
(ii) Necessary forms for administration of the drug donation program, including forms for persons donating, accepting, distributing or dispensing drugs under the program;
(iii) Maximum handling fees;
(iv) Categories of drugs that the program will and will not accept.
(a) As used in this article:
(i) "Traditional event or activity" means an occasion where potentially hazardous and not potentially hazardous foods have traditionally been, and are presently, stored and prepared in a private home or a place other than an establishment, which is equipped for the storage and preparation of food for consumption or use in conducting traditional activities, including but not limited to the preparation of food:
(A) For family and nonpaying guests;
(B) For weddings, funerals, potluck dinners, charitable dinners and charitable cook-offs or functions as defined in W.S. 35-7-110(a)(xxix);
(C) For the sales of donated foods which are prepared for consumption and the sales are sponsored by a nonprofit entity as a fundraiser to support its purposes;
(D) For outdoor activities such as picnics, barbeques, roundups, camping or outdoor work conducted by employees or volunteers;
(E) By utilizing kitchen equipment provided by employers as a convenience for the storage and preparation of foods for consumption on the premises by employees and nonpaying guests.
Notwithstanding any other provisions of law, there shall be no licensure, permitting, certification, inspection, packaging or labeling required by any state governmental agency or any agency of any political subdivision of the state which pertains to the preparation, serving, use, consumption or storage of foods at a traditional event or activity. Nothing in this article shall preclude an agency from providing assistance, consultation or inspection, when requested by the traditional event or activity organizer.