35-7-1801. Short title.
This article is known and may be cited as the "Right To Try Act."
Propose a changeWyoming · 35 · statute
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No one has proposed a change to this act yet.
This article is known and may be cited as the "Right To Try Act."
Propose a change(a) As used in this article: (i) "Eligible patient" means a person who has: (A) A terminal illness; (B) Considered all other treatment options currently approved by the United States food and drug administration; (C) Received a recommendation from a physician for an investigational drug, biological product or device; (D) Given written, informed consent for the use of the investigational drug, biological product or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written informed consent on the patient's behalf; and (E) Documentation from a physician that the person meets the requirements of this paragraph. (ii) "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase one 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; (iii) "Terminal illness" means a disease that, without life-sustaining procedures, will soon result in death or a state of permanent unconsciousness from which recovery is unlikely.
Propose a change(a) A manufacturer of an investigational drug, biological product or device may make the drug, product or device available to eligible patients in accordance with the provisions of this section. Nothing in this section shall be construed to require a manufacturer to make available any drug, product or device. (b) A health care insurer may, but is not required to, provide coverage for the cost of an investigational drug, biological product or device. (c) Nothing in this section expands the coverage provided in W.S. 26-20-301.
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 issued pursuant to W.S. 33-26-101 et seq., based solely on the physician's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device, as long as the recommendations are consistent with medical standards of care.
Propose a changeAn official, employee or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.
Propose a changeThis article does not create a private cause of action against a manufacturer of an investigational drug, biological product or device, or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of this article.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a change(a) As used in this article: (i) "Child resistant packaging" means packaging that meets the standards set forth in 16 C.F.R. 1700.15(b), as amended as of July 1, 2015, when tested in accordance with the method described in 16 C.F.R. 1700.20, as amended as of July 1, 2015; (ii) "Liquid nicotine container" means a bottle or other container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in a vapor product. A liquid nicotine container shall not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed or intended for use in a vapor product provided that the cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer; (iii) "Vapor product" means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. "Vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, including any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. "Vapor product" does not include any product regulated as a drug or device by the United States food and drug administration under subchapter V of the Food, Drug and Cosmetic Act.
Propose a change(a) Any liquid nicotine container sold to consumers in this state shall be sold in child resistant packaging. (b) Any person who sells a liquid nicotine container in violation of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) for the first violation and by a fine of not more than one thousand five hundred dollars ($1,500.00) for each subsequent violation. (c) This article shall be enforced by the consumer health services division of the department of agriculture. The division's inspection or enforcement duties under this subsection may be performed by a county or local department of health with which the division has a memorandum of understanding for inspections.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a changeRepealed by Laws 2019, ch. 173, § 3.
Propose a change(a) As used in this act: (i) "Adulterated" means the addition of a controlled substance, a synthesized alkaloid or semi-synthesized alkaloid into a kratom product; (ii) "Alkaloid fraction" means a portion of a plant or plant extract that contains primarily alkaloid compounds; (iii) "Controlled substance" means as defined by W.S. 35-7-1002(a)(iv); (iv) "Kratom leaf" means the leaf of the mitragyna speciosa plant in fresh, dehydrated or dried form; (v) "Kratom leaf extract" means the material extracted from a kratom leaf through the application of a solvent consisting of water, ethanol, food-grade carbon dioxide or another solvent allowed by federal or state law to be used in the manufacturing of a food ingredient; (vi) "Kratom product" means a food or dietary supplement that consists of or contains any part of the kratom leaf, kratom leaf extract or any kratom alkaloid, kratom constituent or kratom metabolite. "Kratom product" shall not include any synthesized alkaloid or semi-synthesized alkaloid; (vii) "Retailer" means a business of any kind at a specific location that sells kratom products to a user or consumer; (viii) "Semi-synthesized alkaloid" means an alkaloid or alkaloid derivative contained in kratom leaf extract that has been exposed to chemicals or processes that would confer a structural change in the alkaloids, including but not limited to oxidation, reduction and ring opening and closing, resulting in material that has been chemically altered; (ix) "Synthesized alkaloid" means an alkaloid or alkaloid derivative of the kratom leaf that has been created by chemical synthesis or biosynthetic means, including fermentation, recombinant techniques, yeast-derived techniques and enzymatic techniques. "Synthesized alkaloid" shall not include an alkaloid or alkaloid derivative of the kratom leaf that has been created by traditional food preparation techniques, including but not limited to heating or extracting; (x) "This act" means W.S. 35-7-2201 through 35-7-2203.
Propose a change(a) A person is guilty of a violation of this act if the person: (i) Knowingly prepares, distributes, delivers, advertises, sells or offers for sale a kratom product: (A) That is adulterated; (B) To a person less than twenty-one (21) years of age; (C) That contains a level of 7-hydromitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the kratom product; (D) That is a confection, mimics a candy product or is manufactured, packaged, labeled or distributed in a way that is appealing to children, including in the distinct shape of a human, animal or fruit; or (E) That is combustible or intended for vaporization. (ii) Knowingly prepares, distributes, delivers, advertises, sells or offers for sale a kratom product that does not have a label that clearly and conspicuously states on each retail package: (A) The name and address for the place of business of the manufacturer or distributor of the kratom product; (B) The full list of ingredients of the kratom product; (C) Disclosure and advice: (I) Against use by persons who are less than twenty-one (21) years of age, pregnant or breastfeeding; (II) To consult a health care provider prior to use; (III) That the use of kratom products may be habit forming; (IV) That kratom products may interact with certain medications, drugs and controlled substances. (D) The following statements: (I) "These statements have not been evaluated by the United States food and drug administration. This product is not intended to diagnose, treat, cure or prevent any disease."; and (II) "Keep out of reach of children." (E) Directions for use that include: (I) A recommended amount of the kratom product per serving; (II) The number of recommended servings per package; (III) A recommended number of servings of the kratom product that can be safely consumed in a twenty-four (24) hour period; and (IV) Quantitative declarations of the amounts of mitragynine and 7-hydroxymitragynine per serving of the kratom product. (iii) Displays or stores kratom products in a retail location in a manner that would permit the products to be accessed by persons less than twenty-one (21) years of age; or (iv) Manufactures, packages, distributes or labels a kratom product or delivers a kratom product to a person less than twenty-one (21) years of age that: (A) Contains synthesized alkaloids or semi-synthesized alkaloids; or (B) Has a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the product. (b) A violation of this act is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. (c) The state chemist shall, pursuant to W.S. 35-7-201 and when requested by law enforcement or the department of health, analyze kratom products to determine whether the requirements of paragraphs (a)(i) and (iv) of this section are being followed. (d) Any retailer violating this act for a third or subsequent time within a two (2) year period may be subject to an injunction. The department of health or the district attorney of the county in which the offense occurred may petition the district court for an injunction to prohibit the sale of kratom products in the establishment where the violation occurred. If a court finds that the retailer in the action has violated the provisions of this act for a third or subsequent time within a two (2) year period and may continue to violate this act, it may grant an injunction prohibiting the retailer from selling kratom products in the establishment where the violation occurred for a period of not more than one hundred eighty (180) days. For the purposes of this subsection, multiple violations occurring before the petition for the injunction is filed shall be deemed part of the violation for which the injunction is sought. If the person against whom the injunction is sought operates multiple, geographically separate establishments, the injunction shall apply only to the establishment where the violation occurred. The injunction shall prohibit all sales of kratom products in the establishment where the violation occurred, regardless of any change in ownership or management of the establishment that is not a bona fide, arms length transaction while the injunction is in effect. (e) It is an affirmative defense to a prosecution under this act that, in the case of a sale, the retailer who sold the kratom product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the kratom product as being over twenty-one (21) years of age. (f) Notwithstanding the provisions of this act, no fine for a violation of subsection (a) of this section shall be imposed for a first offense in any twenty-four (24) month period if a retailer can show it has: (i) Adopted and enforced a written policy against selling kratom products to persons under the age of twenty-one (21) years; (ii) Informed its employees of the applicable laws regarding the sale of kratom products to persons under the age of twenty-one (21) years; (iii) Required employees to verify the age of kratom product customers by way of photographic identification or by means of electronic transaction scan device; and (iv) Established and imposed disciplinary sanctions for noncompliance.
Propose a change(a) The department of health, working with local law enforcement agencies and other local persons and organizations at the discretion of the department, shall be the lead agency to ensure compliance with this act. (b) The department of health shall develop strategies to coordinate and support local law enforcement efforts to enforce all state statutes relating to the prohibition of the sale of kratom products to persons under twenty-one (21) years of age. (c) The department of health shall have discretion to: (i) Work with each local law enforcement agency within the state; and (ii) Coordinate local enforcement efforts that appropriately reflect the needs of the community. (d) To coordinate the enforcement of state statutes relating to the prohibition of the sale of kratom products to persons under twenty-one (21) years of age and to comply with applicable federal law, the department of health shall have authority to contract with or provide grants to local law enforcement agencies or other local persons or entities having the appropriate level of enforcement authority on the local level to conduct random, unannounced inspections at retail locations where kratom products are sold. The local law enforcement agencies or other local persons or entities authorized to conduct inspections shall be permitted to use minors and persons under twenty-one (21) years of age subject to the following: (i) Prior to the inspection, the local law enforcement agency or other authorized person shall obtain the written consent of the person being used in the inspection or if using a minor, the written consent of the minor's parents or guardian shall be obtained prior to the minor participating in an inspection. The written consent required under this paragraph shall include a notification that testimony in a subsequent court proceeding may be required; (ii) Any person under twenty-one (21) years of age participating in an inspection shall, if questioned, state his true age and that he is less than twenty-one (21) years of age; (iii) The appearance of a person under twenty-one (21) years of age shall not be altered to make the person appear to be twenty-one (21) years of age or older; (iv) Neither a minor nor the minor's parents or guardians shall be coerced into participating in such inspections; (v) The person conducting the inspection shall photograph the participant immediately before the inspection and any photographs taken of the participant shall be retained by the person conducting the inspection. (e) The person conducting an inspection under this section shall: (i) Remain within sight or sound of the participant attempting to make the purchase; (ii) After an inspection is complete, immediately inform in writing a representative or agent of the business establishment that an inspection has been performed and the results of the inspection; (iii) Within two (2) days, prepare a report of the inspection containing: (A) The name of the person who supervised the inspection; (B) The age and date of birth of the participant who assisted in the inspection; (C) The name and position of the person from whom the participant attempted to purchase kratom products; (D) The name and address of the establishment inspected; (E) The date and time of the inspection; and (F) The results of the inspection, including whether the inspection resulted in the sale or distribution of, or offering for sale, kratom products to a person under twenty-one (21) years of age. (iv) Immediately upon completion of the report required under this subsection, provide a copy of the report to a representative or agent of the business establishment that was inspected; (v) Request a law enforcement officer to issue a citation for any illegal acts relating to providing kratom products to persons under twenty-one (21) years of age during the inspection.
Propose a changeAny person, firm, corporation or municipality desiring to maintain a cemetery or to sell lots or parcels of land for cemetery or burial purposes shall cause such land, or such portion thereof as may, from time to time be or become necessary for that purpose, to be surveyed into lots, blocks, streets, avenues and walks, and platted; and the lots and blocks shall be regularly numbered or designated and marked on such plat. The plat of the ground so surveyed and platted, and the dedication of the streets, avenues and walks as set forth therein, shall be duly executed and acknowledged by the person, firm, corporation or municipality owning such property in accord with the requirements for the conveyances of real property and shall be filed and recorded in the office of the county clerk of the county in which the land so platted is situated; and when so platted, filed and recorded the streets, avenues and walks as therein dedicated to the public, shall be the property of the county in which such cemetery is situated for the use and benefit of the owners of lots and blocks therein.
Propose a changeCemetery lots or blocks may be conveyed by certificates signed by the owner thereof, with the corporate or municipal seal attached and attested by the secretary or clerk in appropriate cases, specifying that the person to whom the same is issued is the owner of the lot or block, described therein by number or other symbol, for the purpose of interment, and such certificate shall vest in the person designated therein, his heirs or assigns, a right in fee simple to such lot or block for the sole purpose of interment, under the regulations of the owner thereof, and such certificate shall be entitled to be recorded in the office of the county clerk in the proper county, without further acknowledgment, and such description of lots shall be deemed and recognized as a sufficient description thereof.
Propose a changeperpetual care fund; funds to be as a trust; not liable to attachment or garnishment. The proceeds arising from the sale of lots in any cemetery by any person, firm, corporation or municipality, and all other income and revenue thereof, shall be exclusively applied, appropriated or used in improving, preserving and embellishing such cemetery, and its appurtenances, and to paying the necessary operating expenses thereof, and shall not be applied or appropriated to any purpose of profit to the person, firm, corporation or municipality owning or maintaining same; provided, that any mutual cemetery corporation or municipality may use such income and revenue for purchasing or acquiring additional adjacent grounds for cemetery purposes only; provided, however, any cemetery organized by any individual, group of individuals, corporation or association, except municipal corporations and duly organized cemetery districts shall establish a perpetual care fund in an amount equal to at least ninety cents ($.90) for each square foot of cemetery lot sold after the effective date of this act. In support of, and for the protection of such perpetual care fund, there shall be established a trust fund in such amount and under such terms and conditions, including bonded protection of a permanent and enduring nature, as the insurance commissioner of the state of Wyoming may prescribe to carry out the objectives and contractual commitments and trust of such individual, corporation or association. In the case of the operation of a mausoleum for the sale of vaults or crypts therein the perpetual care fund shall be twenty percent (20%) of the purchase price. Such fund shall be operated as a perpetual trust according to requirements approved by the insurance department, and shall be used for the benefit of the grave sales and cemetery lots for which deposits shall have been made. The insurance commissioner shall specify securities approved for the investment of the funds which shall include investment of funds with a duly licensed Wyoming bank, trust company, or federal building and loan association, and may require an audit of all of the books and accounts of the cemetery as the need may arise. The cemetery organization shall file a copy of a purchase contract or installment contract for lot or lots, if any there be, with the insurance commissioner when said contract is entered into and shall forthwith notify the insurance commissioner of the final payment or default, if any be made, of such contract or contracts. Any and all funds received and invested as stipulated in this act, and the income therefrom, shall be as a trust and shall not be liable to attachment, garnishment, or other processes, nor shall be seized, taken or appropriated or applied by any legal or equitable processes or operation of law to pay any debt or liability of the person, partnership, association, company or corporation organizing or thereafter operating such cemetery.
Propose a changeAll property of any person, firm, corporation or municipality so platted and dedicated for cemetery purposes, shall be exempt from taxation, assessment, lien, attachment, and from levy and sale upon execution, except for the purchase price thereof.
Propose a changeAny person, firm, or the managing officer or officers of any corporation or municipality that sells, contracts for sale, or in any other manner disposes of any lot, block or parcel of land for interment or burial of deceased persons therein, either for money or other thing of value, without having complied with all of the provisions of this act, and any person, firm, or the managing officer or officers of any corporation or municipality that uses any of the proceeds, income, revenue or profits from the sale of any lot, block or parcel of land for the interment or burial of deceased persons therein, for his private gain or benefit, excepting only those operating reserve or endowment fund cemeteries as provided in this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof such person or firm or the managing officer or officers of such corporation or municipality shall be fined any sum not to exceed one hundred dollars ($100.00), or be imprisoned in the county jail for not to exceed three (3) months, or both.
Propose a changeIn addition to the powers conferred upon them by law, each incorporated city or town in the state of Wyoming shall have power and authority to purchase, hold, and pay for lands, not exceeding eighty (80) acres in one (1) body, outside of the limits of any incorporated city or town, for the purpose of the burial of the dead; to have and exercise such police jurisdiction over the same, and over any cemetery lying near said city or town and used by the inhabitants thereof, as may be necessary for the proper control and regulation of the same; to survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and the avenues or streets leading thereto, owned by the city or town; to construct walks, rear and protect ornamental trees therein, and provide for paying the cost thereof; to convey cemetery lots owned by such city or town, and to issue deeds of conveyance therefor in such form and with such conditions therein as may be prescribed by the mayor and council of such city or town, which deeds of conveyance shall be signed by the mayor and attested by the city clerk of such city or town; to limit the number of cemetery lots which shall be owned by the same person at the same time; and to prescribe rules for enclosing and adorning cemetery lots, and the erection of monuments and tombstones thereon.
Propose a changeFor the purpose of carrying out any of the powers conferred by this act, any such city or town may go beyond its corporate limits and purchase, or otherwise acquire, real property.
Propose a changeAn incorporated city or town in the state of Wyoming is authorized, for the purpose of providing funds for purchasing and improving lands for cemetery purposes, to borrow money and to issue negotiable coupon bonds of the city or town in an amount not exceeding at one (1) time two percent (2%) of the assessed value of the city or town. The bonds shall be of the denominations as the city or town council shall determine, which bonds shall be numbered consecutively from one (1) upward, payable in thirty (30) years from date of issue, and redeemable at the pleasure of the city or town after ten (10) years, and shall bear interest at a rate determined by the city or town council. The bonds when issued shall be signed by the mayor and countersigned by the clerk and the treasurer of the city or town but the bonds shall not be sold for less than their par value.
Propose a changeNo bonds shall be issued for the purpose provided by this article until the proposition to issue the same shall have been submitted to a vote of the qualified electors of the city or town, and by them approved. The proposition shall be submitted at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112. The proposition so submitted to a vote of the qualified electors shall specify the amount of the bonds proposed to be issued, the rate of interest, and the purpose for which it is proposed to issue the same. It shall be the duty of the city clerk of the city or town to cause ballots to be prepared, either separately from other ballots in case of a special election, or upon other ballots in case of a primary or general election, with the words "for cemetery bonds" and "against cemetery bonds", leaving a place opposite each proposition in which the voter shall mark his vote for or against the bonds. If, upon a canvass of the votes upon such proposition, a majority of the votes be for the issue of the bonds, then the mayor and city council are authorized to issue same as provided in this act.
Propose a changeThere shall be annually levied and collected on all taxable property, real, personal, and mixed, within such city or town, a sufficient tax to pay the interest on said bonds as the same may become due, and to redeem such bonds as provided in this article, which tax shall be levied and collected in the same manner as other city or town taxes; said taxes to be known as the "cemetery bond tax", and shall be used for the payment of interest, principal, and the redemption of the bonds so issued, and for no other purpose. And all moneys collected by such cities or towns from purchasers of cemetery lots, save such amount as shall be required for the maintenance and improvement of such cemeteries, shall become part of the cemetery bond fund, and shall be used only for the payment of the principal and interest of the bonds in this act authorized to be issued.
Propose a changeThe city or town treasurer shall keep a book in which shall be registered all such bonds, showing the number of the bond, the date of issue, to whom issued, the amount, the date of redemption, and payment of interest; which book shall be open to all persons to examine the same during business hours.
Propose a changeAny city or town, issuing bonds for the purpose provided in this act, shall each year after the tenth year after the issue of said bonds, redeem at least one-twentieth of the said bonds in the order of their issue.
Propose a changeIt shall be the duty of the city or town treasurer, as rapidly as any coupons of said bonds are paid, to cause the word "paid" to be cut in the same, and as rapidly as said bonds are paid to cause the word "paid" to be cut in the body of the same.
Propose a changeThe city or town treasurer shall be custodian of all moneys arising from the sale of bonds issued in pursuance of the authority given by this chapter, and he shall give additional bond, or bonds, for the safekeeping and distributing of all such funds, as may be provided by the city or town council.
Propose a changeAny such city or town is hereby authorized and empowered to enact all ordinances necessary to the complete exercise of all the powers in this act granted, and to carry out the same, and is authorized to make all ordinances, rules, and regulations for the protection, maintenance, and improvement of such cemeteries, and of all property connected therewith, and all streets, avenues, and roads leading to such cemeteries.
Propose a changeThis act shall apply to all cities and towns in the state of Wyoming whether incorporated by special charter or under general laws, and the taxes herein provided for, shall be in addition to all other taxes provided or authorized by law.
Propose a changeAny city, town or special cemetery district may declare abandoned the ownership of any unoccupied lots or parcels of land in municipally owned cemeteries, created under and by virtue of W.S. 35-8-201 through 35-8-211, inclusive, or any special cemetery district whenever there has been no contact with or knowledge of the owners, heirs, or assigns, as the case may be, of such lots or parcels for more than twenty-five (25) years. Prior to declaring such abandonment, notice shall be served by registered mail at the last known address of such owner, heirs, or assigns. In the event that the address cannot be ascertained, notice shall be given by one (1) publication in the official newspaper of the municipality or special cemetery district in which the cemetery is located. Said notice shall allow thirty (30) days for the owner, heirs, or assigns to advise the city or town or special cemetery district of his identity and address; and if he does so, the city or town or special cemetery district shall not declare the abandonment. Upon the failure of the owner, heirs, or assigns to so communicate with the city or town, it may by resolution declare such lots or parcels abandoned. Thereafter, it may resell such lots or parcels, but shall place in trust an amount of money equivalent to the original selling price of such lots or parcels for payment to the owner, heirs, or assigns. Said trust fund shall be placed in legal investments, and the interest received therefrom shall annually be deposited to the city's or town's general fund or the general fund of the special cemetery district. Money received from the resale of such lots and parcels and deposited in said trust fund may be withdrawn by the cities or towns or the special cemetery district and placed in their general fund if not claimed by the owner, heirs, or assigns within twenty-five (25) years after being so deposited. So long as such lots or parcels remain unsold, the owners, heirs, or assigns may reclaim them by identifying themselves and establishing their right to such lots or parcels.
Propose a change