Chapter 2 - Agencies, Boards, Commissions And Departments Generally
CHAPTER 2 - AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTSGENERALLY
ARTICLE 1 - DEPARTMENT OF HEALTH
9-2-101. Creation; definitions; divisions.
(a) The department of health is created.
(b) As used in W.S. 9-2-101 through 9-2-108:
(i) "Department" means the department of health;
(ii) "Director" means the director of the department.
(c) The department is the successor to the board and departmentof health.
(d) Repealed by Laws 1991, ch. 221, 3.
(e) The department consists of the director who is the chiefadministrative officer and such divisions as the director may create.
(f) The director shall appoint and prescribe the duties ofofficers of the institutions in title 25 under the direct authority and controlof the department.
9-2-102. Department of health; duties and responsibilities; state grants.
(a) The department of health is the state mental healthauthority, the developmental disabilities authority and the substance abuseauthority. The department through its divisions has the following duties andresponsibilities to:
(i) Administer comprehensive state programs for mental health,developmental disabilities and substance abuse services;
(ii) Provide a coordinated network of programs and facilitiesoffering the following services to persons afflicted with mental illness ordevelopmental disabilities or for substance abuse: diagnosis, treatment,education, care, training, community living, habilitation and rehabilitation;
(iii) Establish minimum standards and approve policies andprocedures for the establishment and operation of community-based mentalhealth, substance abuse and developmental disabilities programs receiving statesupport. The department through its mental health division and its substanceabuse division shall annually withhold not less than five percent (5%) of all amountsprovided in each contract with a community-based mental health, substance abuseor drug court program or provider and shall not release the funds withheld tothe individual program or provider until the respective division and theindividual program or provider enter into a written agreement that provides forperformance and outcome measures. If the respective division and an individualprogram or provider do not enter into a mutually agreed upon set of performanceand outcome measures, the funds withheld under this paragraph shall revert tothe budget reserve account at the end of the biennium in which the funds werewithheld;
(iv) Establish minimum standards for all mental health,substance abuse and developmental disabilities services supported by statefunds;
(v) Establish a statewide suicide prevention program thatincludes:
(A) A statewide written plan adopted by the departmentfollowing at least one (1) statewide public meeting of interested persons andentities;
(B) Assistance to local communities in the development andmaintenance of suicide prevention coalitions;
(C) Consultation, technical assistance and training to stateand local agencies, organizations and professional groups;
(D) Maintenance of a library of suicide prevention materialsand information which shall include copies of or links to Cochranecollaboration systematic reviews or other similar sources relevant to thissubject;
(E) Collection and dissemination of information regarding bestpractices for suicide prevention and intervention.
(b) Repealed By Laws 1998, ch. 81, 3.
(c) The program may include state grants based on a formula forstate and local participation.
(d) Repealed By Laws 1998, ch. 81, 3.
(e) Repealed by Laws 1984, ch. 31, 2.
(f) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
(g) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
(h) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
(j) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
(k) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
(m) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
(n) Repealed by Laws 1991, ch. 161, 4;ch. 221, 3.
9-2-103. Division administrators; appointment; qualifications;duties; salaries, tenure and removal generally; necessary personnel.
(a) The director shall appoint a separate administrator for thedivisions of the department of health and he may discharge the administratorsas provided in W.S. 9-2-1706(c)(ii). Appointments under this subsection shallbe subject to the following:
(i) The administrator for a division dealing primarily withpublic health shall:
(A) Have theoretical knowledge and practical and managerialskill and experience which fits him for the position, as determined by thedirector; and
(B) Repealed By Laws 1998, ch. 20, 2.
(C) Administer a program for the supervision of volunteerphysicians who provide medical care, assistance or medical administrativeservices without charge for the medical services rendered in an eligibleprogram in compliance with rules and regulations promulgated by the department.To qualify as an eligible program, the medical services shall be provided inany hospital, clinic, health care facility or institution owned or operated bythe state, University of Wyoming or any local government. A disclosurestatement shall be signed in advance by the recipients informing them of thephysician's limited liability under the program.
(ii) The administrator for a division dealing primarily withdevelopmental disabilities shall annually on October 1 provide reports byprogram to the legislature, which reports shall include but not be limited totrend data by fiscal year for:
(A) The number of ongoing and emergency clients served or puton a waiting list for service;
(B) Amounts expended, both total and per client average, forongoing and emergency client service;
(C) The source of funds for services to newly served clients,whether from excess funding for existing clients, funds appropriated for thewaiting list, funds appropriated for emergencies or funds from another source;
(D) The number of clients projected to become eligible forservices in the subsequent year who are not already on a waiting list forservice;
(E) The number of clients who are expected to transition fromone (1) category of service eligibility to another category and their totalprojected costs based upon the aggregate of each client's individual budgetedamount;
(F) The number of clients who are expected to transition fromschool district services to department of health services at age twenty-one(21) and their total projected costs based upon the aggregate of each client'sindividual budgeted amount;
(G) Specific information on funds transferred between programswithin developmental disabilities and between programs within developmentaldisabilities and other programs within the department of health.
(b) Repealed by Laws 1987, ch. 185, 2.
(c) Repealed by Laws 1991, ch. 221, 3.
(d) Where the director meets the qualifications specified insubsections (a) and (e) of this section and so chooses, the director may serveas the state health officer.
(e) The director shall appoint a state health officer who shallbe licensed in Wyoming as a physician and who shall carry out the statutoryduties and any other duties assigned to him by the director. The state healthofficer shall:
(i) Answer directly to the director;
(ii) Not be assigned to any division within the department;
(iii) Have support staff to carry out the duties assigned to him.
9-2-104. Allocation, transfer and abolition of powers, duties andfunctions within department.
(a) The governor may, after consultation with the director ofthe department and the departmental advisory council:
(i) Repealed by Laws 1991, ch. 221, 3.
(ii) Designate the department as the single state agency for theadministration of state plans for health and medical services, mental healthand developmental disabilities, to administer upon such terms as the governordirects.
9-2-105. Office of planning and administration; created; duties andpowers of administrator.
(a) The office of planning and administration is created andshall be under the authority of the director.
(b) The administrator of the office of planning andadministration shall:
(i) Coordinate all program administration, including all budgetrequests, grant applications and plans;
(ii) Advise, consult and cooperate with all departmentalagencies, all other state departments, agencies, subdivisions and the federalgovernment;
(iii) Require that all administrators within the departmentcooperate with the office and report to the office on all matters pertaining toprogram planning, budgeting and administration; and
(iv) Perform planning as determined by the director.
9-2-106. Duties and powers of director of department.
(a) The director shall:
(i) Consult with the departmental advisory council andestablish general policy to be followed in the department in administeringprograms;
(ii) Disburse and administer all federal funds or other moniesallotted to the department;
(iii) Prescribe by rule, order or regulation the conditions underwhich these monies shall be disbursed and administered;
(iv) Enter into agreements, not inconsistent with the laws of thisstate, required as conditions precedent to receiving funds or other assistance.Funds appropriated by the legislature for operation of the department shall beused for the specified purposes only, and the director, in accepting funds fromany other source, shall not consent to impairment of the department's statutoryresponsibilities;
(v) Hold hearings, administer oaths, subpoena witnesses andtake testimony as provided by the Wyoming Administrative Procedure Act in allmatters relating to the exercise and performance of the powers and dutiesvested in the department;
(vi) With the assistance of the attorney general bring actionsin the courts of the state in the name of the department for the enforcement ofpublic health, mental health and medical services laws; and
(vii) Ensure that the department and all of its divisionspromulgate reasonable rules and regulations, after consultation with thedepartmental advisory council and in compliance with the Wyoming AdministrativeProcedure Act, for the implementation of all state and federal public health,mental health and medical services laws. When promulgating such rules andregulations the director shall assure that the department uses language whichfocuses on the importance of a person, rather than a person's disability.
(b) Notwithstanding paragraph (a)(iv) of this section, thedirector may use funds appropriated by the legislature for the operation of thedepartment to pay health or medical insurance premiums for any resident ofWyoming upon a determination by the director or his designee that:
(i) Due to an injury or illness, the person or his family is ormay become unable to pay health or medical insurance premiums;
(ii) The person is or may become eligible for medical serviceswhich would be paid for by the state; and
(iii) Payment of the premiums may be less expensive for the statethan payment of the medical services.
(c) Health or medical insurance premiums paid for in accordancewith subsection (b) of this section shall be reviewed periodically to ensurepayment of the premiums does not exceed the cost for provision of medicalservices. The authority granted under subsection (b) of this section shallterminate effective June 30, 1996.
(d) The director may authorize the Wyoming life resourcecenter, the Wyoming state hospital, the Wyoming pioneer home, the veterans'home of Wyoming and the Wyoming retirement center to provide services topersons with conditions other than those specified in the provisions governingthose state institutions in title 25 of the Wyoming statutes when the directordetermines that there is a need for such services, that the services can beprovided effectively by the institution, that the services shall be deliveredin a manner that assures the safety of all individuals served by theinstitution and the services provided are statutorily authorized for any ofthese institutions, the service needs are similar to those authorized for anyof these institutions or the services are necessary to protect the publichealth and safety. The director shall promulgate rules and regulations andpolicies and procedures necessary to implement this subsection. Nothing in thissubsection shall be construed to authorize the director to eliminate servicesthat are otherwise required by statute.
9-2-107. Division advisory councils; appointment; departmentaladvisory council; created; term; composition; meetings; removal of members;selection of officers; vacancies; expenses.
(a) The director may appoint an advisory council, each of whichshall consist of not more than ten (10) members unless otherwise required bylaw or good practice, to each of the divisions of the department.
(i) Repealed by Laws 1990, ch. 63, 3;1991, ch. 221, 3.
(ii) Repealed by Laws 1991, ch. 221, 3.
(iii) Repealed by Laws 1991, ch. 221, 3.
(iv) Repealed by Laws 1991, ch. 221, 3.
(b) There is created within the department an advisory councilof not more than eleven (11) members appointed by the governor. Each membershall serve a two (2) year term. The council shall be composed of:
(i) One (1) member of the senate appointed by the president ofthe senate;
(ii) One (1) member of the house of representatives appointed bythe speaker of the house of representatives;
(iii) Repealed by Laws 1991, ch. 221, 3.
(iv) One (1) member recommended by each of the divisionalcouncils within the department;
(v) Repealed by Laws 1991, ch. 221, 3.
(vi) Up to four (4) members at large.
(c) Repealed by Laws 1991, ch. 221, 3.
(d) The departmental advisory council shall meet at least two(2) times each year.
(e) The governor may remove any member of the departmentaladvisory council as provided in W.S. 9-1-202.
(f) At the first meeting of the departmental advisory council,and annually thereafter when new appointments are made, a chairman,vice-chairman and secretary shall be selected from among the membership by voteof the council members.
(g) Any vacancy caused by the death, removal, resignation ordisqualification of any appointed member of the departmental advisory councilshall be filled by the governor appointing a successor.
(h) Members of the departmental advisory council shall notreceive compensation for their services, but when actually engaged in the performanceof their duties, they shall receive travel expenses, per diem and mileageexpenses in the same manner and amount as employees of the state.
9-2-108. Director of department; appointment; removal; duties.
(a) With the advice and consent of the senate the governorshall appoint a director for the department who shall serve under the directionof the governor and who may be removed by the governor as provided in W.S.9-1-202.
(b) The director shall:
(i) Manage and supervise the department;
(ii) Repealed By Laws 1999, ch. 149, 1.
(c) Appointments and terms under this section shall be inaccordance with W.S. 28-12-101 through 28-12-103.
9-2-109. Vocational rehabilitation; definitions.
(a) As used in W.S. 9-2-109 through 9-2-115:
(i) "Division" means the staff within the departmentof workforce services who administer vocational rehabilitation programs andprovide vocational rehabilitation services;
(ii) "Eligible" means a certification that:
(A) The individual has a physical or mental impairment whichconstitutes or results in a substantial impediment to employment of theindividual;
(B) Vocational rehabilitation services may reasonably beexpected to benefit the individual in terms of an employment outcome; and
(C) The individual requires vocational rehabilitation servicesto prepare for, secure, retain or regain employment.
(iii) "Individual with a significant disability" meansan individual:
(A) Who has a severe physical or mental disability whichseriously limits one (1) or more functional capacities in terms of anemployment outcome;
(B) Whose vocational rehabilitation can be expected to requiremultiple vocational rehabilitation services over an extended period of time;and
(C) Who has one (1) or more physical or mental disabilitiesresulting from amputation, arthritis, autism, blindness, burn injury, cancer,cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability,mental illness, multiple sclerosis, muscular dystrophy, musculoskeletaldisorders, neurological disorders (including stroke and epilepsy), paraplegia,quadriplegia and other spinal cord conditions, sickle cell anemia, specificlearning disability, end stage renal disease or another disability orcombination of disabilities determined on the basis of an assessment fordetermining eligibility and vocational rehabilitation needs to cause comparablesubstantial functional limitation.
(iv) "This act" means W.S. 9-2-109 through 9-2-115.
9-2-110. Division of vocational rehabilitation; administrativeduties.
(a) This act shall be administered by the division. Inadministering this act, the division shall:
(i) Make regulations necessary to implement this act;
(ii) Certify for disbursement funds available for the purposesof this act.
9-2-111. Division of vocational rehabilitation; provision ofauthorized services; related powers.
(a) Except as otherwise provided by law, the division shallprovide the services authorized by this act to eligible individuals withdisabilities. The division may:
(i) Cooperate with other departments, agencies andinstitutions, both public and private, in providing the services authorized bythis act to individuals with disabilities;
(ii) Enter into reciprocal agreements with other states toprovide for the services authorized by this act to residents of the contractingstates;
(iii) Establish and operate rehabilitation facilities andworkshops and make grants to public and nonprofit organizations for thosepurposes;
(iv) Supervise the operation of small businesses establishedpursuant to this act to be conducted by eligible individuals with disabilities;
(v) Provide training and instruction, including establishingand maintaining research fellowships and traineeships with stipends andallowances, in matters relating to vocational rehabilitation;
(vi) Establish new vending machine sites on any state ownedpublic property, except as provided in subsection (b) of this section, incooperation with the administrator or governing body in charge of the publicproperty;
(vii) Bid out all vending machine sites located on any stateowned public property, except as provided in subsection (b) of this section. Vending machines currently located on public property and under a writtencontract with a specific renewal or termination date will not be affected bythis section until the renewal or termination date;
(viii) Enter into contracts with vendors for the installation andoperation of vending machine sites on any state owned public property, exceptas provided in subsection (b) of this section. These contracts shall include aprovision for the payment of commissions to the division based on grossrevenues from the vending machines. These commissions shall be placed in anaccount which shall be used for the establishment and administration of smallbusinesses created under this act. The division may assign a portion of thecommissions to operators of small businesses created under this act for themaintenance of their income;
(ix) Promulgate rules and regulations to provide:
(A) Definitions to include the terms "contract bidpreference," "small businesses," "public property" and"vending machine sites";
(B) Methods for determining the contract bid preferenceeligibility under W.S. 9-2-115;
(C) Methods of recovering the cost of establishing smallbusinesses and maintaining equipment;
(D) Methods for determining the portion of commissions to beassigned to small business operators for the maintenance of their income.
(x) Encourage the establishment of vending machine sites andsmall businesses on privately owned or controlled property.
(b) The provisions of this act shall not apply to state ownedpublic property included in W.S. 36-8-1001 through 36-8-1002 or state ownedpublic property used to conduct the state fair or the Wyoming pioneer memorialmuseum under W.S. 11-10-101 through 11-10-114 or the University of Wyoming orWyoming community colleges.
9-2-112. Division of vocational rehabilitation; cooperation withfederal government in providing services to individuals with disabilities.
(a) The division shall cooperate with the federal government inimplementing federal statutes pertaining to the purposes of this act, includingthe licensing of blind persons or other individuals with disabilities tooperate small businesses on federal property. The division may adopt methods ofadministration necessary for the proper and efficient operation of agreementswith the federal government and to secure the full benefits of the federalstatutes.
(b) Upon designation by the governor, the division may performfunctions and services for the federal government relating to individuals witha physical or mental disability other than those described in subsection (a) ofthis section.
9-2-113. Division of vocational rehabilitation; federal and statefunds; custody and disbursement by state treasurer; gifts.
(a) The state treasurer is the custodian of all funds receivedfrom the federal government for vocational rehabilitation or to implement anyagreements authorized by this act. The state treasurer shall disburse federaland state funds available for those purposes upon certification by thedivision.
(b) The division may accept and use gifts for carrying out thepurposes of this act. The gifts may be held, invested, reinvested and used inaccordance with the conditions of the gift.
9-2-114. Division of vocational rehabilitation; services; personseligible; extent provided at public cost; regulation as to selection of personsto be benefited; right to benefit not transferable.
(a) Vocational rehabilitation services shall be provided toeligible residents with disabilities and to other individuals with disabilitieswho are eligible under an agreement with another state or the federalgovernment.
(b) Goods or services shall be provided at public cost only tothe extent that the individual with disabilities requires financial assistancewith respect thereto. However, the following services may be provided at publiccost:
(i) Diagnostic and related services, including transportation,required for the determination of eligibility for service and of the nature andscope of the services to be provided;
(ii) Guidance; and
(iii) Job related services, including job search and placement,job retention services and follow-up services.
(c) If vocational rehabilitation services cannot be provided toall eligible individuals with disabilities, the division shall adopt, byregulation, a method for selecting those to whom services will be provided.
(d) The right of any individual to any benefit under this actis not transferable or assignable at law or in equity.
9-2-115. Division of vocational rehabilitation; preference given toeligible individuals with disabilities in operating small businesses on publicproperty; new construction and remodeling; effect of preference on existingsmall businesses.
(a) Individuals with disabilities determined to be eligible bythe division shall be given a contract bid preference on small contracts, wherethe small business was established pursuant to this act. The contract bidpreference shall apply to small businesses on either public or private propertywhich were established pursuant to this act.
(b) The administrator or governing body in charge of any publicproperty, in cooperation with the division may construct a new facility orremodel a preexisting facility to accommodate a small business establishedpursuant to this act.
(c) The contract bid preference granted by this section doesnot affect the rights of persons currently operating a small business on publicproperty and under a written contract with a specific renewal or terminationdate, until the renewal or termination date. After the renewal or terminationdate, the division shall bid out the small business contract and apply contractbid preferences where applicable.
9-2-116. Legislative findings; purposes.
Thelegislature finds that a shortage of primary care physicians and allied healthproviders exists in the state of Wyoming which limits the availability ofadequate health care services for the citizens of the state who live in ruralareas. The legislature further finds that the number of qualified physiciansand allied health care providers can be increased to enhance the provision ofrural health care services by the adoption of incentives to attract moreprimary care physicians and allied health care providers to communitiesexperiencing these shortages. The legislature therefore enacts the Rural HealthCare Act of 1993 to create an office of rural health care and to create a loanrepayment program to repay education loans of primary care physicians andallied health care providers who practice for specified periods of time indesignated communities which are experiencing shortages.
9-2-117. Office of rural health care created; duties.
(a) The office of rural health care is created within thedepartment of health. The office shall:
(i) Serve as a clearinghouse for information on primary healthcare services in communities and rural areas of Wyoming and provide fordissemination of information by appropriate means to interested citizens of thestate;
(ii) Provide technical assistance and consultation services tocommunities and rural areas, including hospitals located in these communitiesand rural areas, and thereby assist citizens' groups, local officials andhealth professionals to:
(A) Recruit and retain health care professionals and supportpersonnel as required;
(B) Assess health care needs and priorities of families livingin rural areas;
(C) Identify sources of funding and programming, includinginformation on rural health care districts and the best beginnings program inAlbany county;
(D) Establish strong working relationships with health careprofessionals throughout the state;
(E) Encourage the development of risk management programs;
(F) Assist in the development of rural health clinics;
(G) Design and implement programs enhancing state primary careservices and state health promotion and disease prevention efforts.
(iii) Contract, if necessary, with other entities to carry outduties prescribed under this section, and to conduct an active and ongoingrecruitment program for physicians and other health care professionals and toengage in the following activities:
(A) Assist communities in their effort to recruit and retainphysicians and other health care professionals;
(B) Assist communities in the contact and evaluation ofpotential candidates;
(C) Conduct community studies to ascertain viable support forhealth care professionals;
(D) Assist physicians and other health care professionals andtheir families to find communities that will meet their needs and expectations;
(E) Maintain close liaison with government and private sourcesof health care providers;
(F) Assess the availability of nurse practitioners andphysician assistants in the state and in coordination with other appropriateorganizations, determine additional training needs for these health careprofessionals;
(G) Facilitate incorporation of mid-level providers into thestate health delivery system.
(iv) Develop a consortium of state agencies, private healthorganizations, professional and community organizations in a continuing effortto improve needed rural, primary care and other health care services for thepeople of Wyoming;
(v) Administer the loan repayment programs created by W.S.9-2-118 and 9-2-119;
(vi) In collaboration with the state health officer and thestate chief information officer, represent the department of health in aconsortium of state agencies, private health organizations and professional andcommunity organizations to facilitate the operations of a statewide interoperabletelemedicine/telehealth network using existing internet protocol basedcommunication and videoconferencing infrastructure and telecommunicationservices to the extent possible. The consortium shall:
(A) Consist of members appointed by the director of thedepartment of health, to include the Wyoming chief information officer or theofficer's designee;
(B) Coordinate the development and promotion of statewidestandards for an interoperable telemedicine/telehealth network and, whereapplicable, promote definitions and standards for statewide electronic healthtransactions;
(C) Promote and conduct education programs that inform networkusers that information communicated through the use of telemedicine/telehealthshall conform with state and federal privacy and security laws and informationsecurity programs established by the state chief information officer;
(D) Have the authority to seek funds for consortium operationand contract as needed to carry out its responsibilities.
(vii) In collaboration with the state health officer and thestate chief information officer or their designees, coordinate with appropriatestate agencies to establish incentives to implement, promote and facilitate thevoluntary exchange of secure telemedicine/telehealth network informationbetween and among individuals, entities and agencies that are providing andpaying for services authorized under the Medicaid program, in conformity withrules adopted by the state chief information officer;
(viii) In collaboration with the state health officer and thestate chief information officer or their designees, develop and promote acommon direction for a statewide interoperable telemedicine/telehealth networkamong state agencies, in conformity with rules adopted by the state chiefinformation officer.
9-2-118. Physician and dentist loan repayment program.
(a) The department is authorized to enter into agreements withphysicians and dentists who have graduated from accredited residency programsto provide health care in this state. The agreements shall:
(i) Provide for the physician or dentist to practice medicinein a community of the state from among a list of communities developed by thedepartment. A physician or dentist shall agree to provide medical care for theperiod of the contract in underserved areas of the state and shall acceptpatients qualified under the Medical Assistance and Services Act, Title XVIIIof the federal Social Security Act and the child health insurance program whoseek medical care which the physician or dentist is qualified to provide;
(ii) Provide that the physician or dentist shall be repaid up toone hundred percent (100%) of the amount of outstanding educational loans thephysician or dentist has acquired as a direct result of undergraduate orpostgraduate educational training directly related to providing medical ordental services, not to exceed thirty thousand dollars ($30,000.00) per year,in exchange for practicing his profession under the terms of this section;
(iii) Require the physician or dentist to practice for a minimumof three (3) years under the agreement;
(iv) Repealed by Laws 2005, ch. 148, 2.
(v) Contain other provisions the department deems necessary orappropriate to accomplish the purposes of this section.
(b) The department, in consultation with the appropriatelicensing board and professional association, shall promulgate rules necessaryto carry out the purposes of this section. In carrying out this section thedepartment shall assess health care needs of the state by geographic areas andpractice specialties and shall prioritize and enter into agreements under thissection accordingly.
(c) The department may vary the terms of each agreement inaccordance with this section based upon the community and the number of thephysician's or dentist's patients whose cost of care is reimbursed under TitleXVIII of the federal Social Security Act, the child health insurance program orthe Wyoming Medical Assistance and Services Act.
(d) Repealed By Laws 2008, Ch. 121, 3.
9-2-119. Allied health care provider loan repayment program.
(a) The department is authorized to enter into agreements withhealth care providers licensed or certified to provide health care services inthis state including, but not limited to, hospital, medical, surgical, dental,vision, nursing, radiology, mental health, speech language pathology andpharmaceutical services. The agreements shall:
(i) Require the health care provider to provide health careservices in a community of the state from among a list of communities developedby the department. A health care provider shall agree to provide medical carefor the period of the contract in underserved areas of the state and shallaccept patients qualified under the Medical Assistance and Services Act, TitleXVIII of the federal Social Security Act and the child health insurance programwho seek medical care which the health care provider is qualified to provide;
(ii) Provide that the health care provider shall be repaid up toone hundred percent (100%) of the amount of outstanding educational loans theprovider has acquired as a direct result of undergraduate or postgraduateeducational training directly related to providing medical services, not toexceed ten thousand dollars ($10,000.00) per year, in exchange for practicingunder the terms of this section;
(iii) Require the health care provider to agree to provide healthcare services for a minimum of three (3) years under the agreement;
(iv) Repealed By Laws 2005, ch. 148, 2.
(v) Contain other provisions the department deems necessary orappropriate to accomplish the purposes of this section.
(b) The department, in consultation with the appropriatelicensing board and professional association, shall promulgate rules necessaryto carry out the purposes of this section. In carrying out this section thedepartment shall assess health care needs of the state by geographic areas andparticular health care services required and shall prioritize and enter intoagreements under this section accordingly.
(c) The department may vary the terms of each agreement inaccordance with this section based upon the community and the number of thehealth care provider's patients whose cost of care is reimbursed under TitleXVIII of the federal Social Security Act, the child health insurance program orthe Wyoming Medical Assistance and Services Act.
(d) Repealed by Laws 2006, ch. 118 2.
(e) In selecting health care providers for agreements pursuantto this section, the department shall give priority when practical to qualifiedgraduates of the University of Wyoming or a Wyoming community college.
9-2-120. Renumbered as 9-4-1203 by Laws 2000, Ch. 52, 2.
9-2-121. Renumbered as 9-4-1204 by Laws 2000, Ch. 78, 1.
9-2-122. Substance abuse control plan.
(a) The department of health shall develop a detailed,comprehensive substance abuse control plan for prevention, early interventionand treatment designed to curb alcohol and controlled substance abuse in thestate of Wyoming.
(b) The department of health or contractor shall work, to thegreatest extent feasible, in collaboration with the University of Wyomingstatistical analysis center in determining appropriate data regarding earlywarning signs of substance abuse.
(c) The plan shall also recommend how the services of schools,community mental health centers, social service providers, local health careproviders, law enforcement, corrections and any other entities presentlyavailable in the state of Wyoming can better serve the state in responding tosubstance abuse problems. The substance abuse control plan should decrease thepotential overlapping of these services while maintaining a collaborativeeffort among state and local governmental entities and other organizations toassure maximum leveraging of resources, including people and money. The planshould identify and address the filling of gaps in the continuum of neededservices. The substance abuse control plan shall also include recommendationsto the executive, legislative and judicial branches of the state of Wyomingregarding programs and funding determinations which those entities may make.
(d) Repealed By Laws 2008, Ch. 44, 2.
9-2-123. Wyoming investment in nursing loan and grant program;eligibility criteria; procedures.
(a) There is created the Wyoming investment in nursing programadministered by the Wyoming community college commission created under W.S.21-18-201. The program shall be known as the WYIN program. Applicants shall beresidents of this state or graduates of a Wyoming high school and may apply forloans from the WYIN program in accordance with this section.
(b) To qualify for a loan under the WYIN program, the applicantshall first:
(i) Be accepted into a nursing education program at a Wyomingcommunity college, the University of Wyoming, or, in the case of a candidatefor a doctoral degree, an institution providing the required nursing educationcourses under contract with the western interstate commission for highereducation or in a distance nursing education program at a university that isregionally accredited; and
(ii) Apply for federal financial assistance and anyemployer-based financial assistance for which the applicant may be eligible. Wyoming community colleges shall allow students who apply for admission into anapproved nurse aide training or nursing education program, and who will enrollin fewer than six (6) academic credit hours, to apply for federal financialassistance.
(c) Subject to the availability of funds appropriated for thisprogram, loans under the WYIN program may be granted to applicants enrolled orplanning to enroll in nursing education programs as follows:
(i) An applicant who is accepted into a Wyoming licensedpractical nurse or registered nursing education program or a baccalaureatedegree program in nursing may be eligible for a loan to pay the unmet need, asdetermined by the Wyoming community college commission or its designee, ofattendance at the licensed practical nursing education program or theregistered nursing education program leading to an associate's or baccalaureatedegree;
(ii) A registered nurse with a baccalaureate degree who holds anunencumbered license with the Wyoming board of nursing, has the equivalent ofat least one (1) year of full-time service teaching in a nursing educationprogram in Wyoming as a registered nurse with a baccalaureate degree, withpreference given to a registered nurse currently teaching at the University ofWyoming or a Wyoming college, and the registered nurse is accepted into anursing education program at the University of Wyoming leading to a master'sdegree in nursing or nursing education may be eligible for a loan to pay theunmet need of attendance, as determined by the Wyoming community college commissionor its designee, provided that in order to receive a loan for a master's degreeprogram, the applicant shall agree to repay the loan by teaching at a Wyomingcollege or the University of Wyoming. If the applicant registered nurse is notaccepted into a nursing education program at the University of Wyoming and uponapproval of the Wyoming community college commission, the applicant registerednurse may be accepted into an accredited nursing education program at auniversity located outside of the state. Loans awarded for applicants acceptedinto programs outside of Wyoming shall not exceed the loan amounts availablefor programs at the University of Wyoming;
(iii) A registered nurse with a master's degree in nursing whoholds an unencumbered license with the Wyoming board of nursing, has theequivalent of at least one (1) year of full-time service teaching in a nursingeducation program in Wyoming as a registered nurse with a master's degree innursing and is accepted into a nursing education program at an institutionproviding the required nursing education courses under contract with thewestern interstate commission for higher education or in a distance nursingeducation program at a university that is regionally accredited leading to adoctorate level degree in nursing may be eligible for a loan to pay the unmetneed of attendance, as determined by the Wyoming community college commissionor its designee, provided that in order to receive a loan for a doctorate leveldegree program, the applicant shall agree to repay the loan by teaching at theUniversity of Wyoming.
(d) A loan provided under this section shall not exceed thecost of attendance for the approved program, reduced by the amount of any Pellor other federal grant and any employer-based financial assistance received bythe applicant.
(e) A recipient of a WYIN loan under this section may repay theloan without cash payment by working in Wyoming as a nurse or nurse educator asprovided in subsection (f) of this section. To qualify as repayment under thissubsection, and except for graduate students as provided under subsection (q)of this section, work shall be performed within the following time periodswhich begin with the calendar month following the month in which the studentcompleted the academic program:
(i) If the loan can be repaid with work of two (2) years orless, within three (3) years;
(ii) If the loan can be repaid with work of greater than two (2)years, but no more than four (4) years, within five (5) years;
(iii) If the loan can be repaid with work of greater than four(4) years, within the amount of time the loan could be repaid, plus two (2)years.
(f) Qualified work under subsection (e) of this section shallbe credited so that the student's loan balance is reduced on the basis of one(1) year of full-time employment repaying the loan balance for one (1) academicyear of full-time enrollment, or twelve thousand dollars ($12,000.00) of theloan, whichever is less. Qualified work shall be credited on a proportionalbasis.
(g) Any recipient of a WYIN loan who fails:
(i) To complete the academic program for which the loan wasprovided shall commence cash repayment of the loan no later than forty-five(45) days after the recipient leaves the academic program;
(ii) To obtain employment in the targeted occupation for whichthe person received the education within ninety (90) days after successfullypassing the appropriate certification or licensure examination shall commencecash repayment of the loan within one hundred twenty (120) days aftersuccessfully passing the appropriate certification or licensure examination;
(iii) The appropriate certification or licensure examination onthe first attempt may retake the examination at the next available opportunitybefore commencing repayment of the loan. The recipient shall notify the Wyomingcommunity college commission or its contractor of the intent to retake theexamination and the date the examination will be taken. Any recipient of a WYINloan who fails the examination after the second attempt shall commence cashrepayment of the loan within forty-five (45) days after receipt of notificationof the second failure by the board of nursing. If the recipient of a WYIN loanwho fails the examination on the first attempt does not retake the examinationat the next available opportunity, cash repayment shall commence withinforty-five (45) days after the next available examination is conducted.
(h) Loan repayment options under this section may be deferredfor a period not to exceed four (4) years while a loan recipient is serving onfull-time active duty with any branch of the military services of the UnitedStates.
(j) The Wyoming community college commission shall have thepowers and duties specified in W.S. 21-18-202 to implement this section andshall establish terms and conditions of loans issued under this section,including:
(i) Interest rates and loan terms;
(ii) The form and process for loan application, review andaward;
(iii) Criteria under which students may be relieved from havingto repay loans and interest thereon, in whole or in part, where therequirement to repay would cause undue hardship.
(k) Funding of the loan program established under this sectionshall be by appropriation of the legislature. The Wyoming community collegecommission shall transfer approved loan amounts to the University of Wyomingand to Wyoming community colleges at which loan recipients are enrolled. Inconsultation with the university and affected community colleges, thecommission shall establish procedures for transferring loan amounts and forreporting requirements on the expenditure of transferred loan amounts.
(m) Cash repayment of loans and interest thereon shall becredited to the general fund.
(n) The Wyoming community college commission shall annuallyreview the loan program established under this section and report to thegovernor and the legislature in accordance with W.S. 9-2-1014, regardingprogram results, funds received and loans issued during the preceding academicyear, together with the status of all outstanding loan commitments andrepayments under the program.
(o) This program created by this section shall expire effectiveJune 30, 2016.
(p) Notwithstanding subsection (o) of this section:
(i) Any person beginning a nursing education program asauthorized by this section shall continue to receive funding for the program solong as the person remains eligible as required by this section;
(ii) Repayment of loans provided under this section shallcontinue as specified in this section until all loan obligations have beensatisfied.
(q) A recipient of a WYIN loan under this section and attendinga master's or doctorate nursing level program may begin loan repayment throughqualified work as authorized under subsections (e) and (f) of this sectionconcurrently with enrollment in the nursing education program, subject to thefollowing:
(i) If the recipient is enrolled in a master's nursing degreeprogram, the recipient shall perform qualified work for not less that one (1)year following completion of the education program;
(ii) If the recipient is enrolled in a doctorate nursing degreeprogram, the recipient shall perform qualified work for not less than two (2)years following completion of the education program.
9-2-124. Prescription drug consumer information and technicalassistance program.
The prescription drug consumer information and technicalassistance program is created within the department of health. The programshall provide Wyoming residents with advice on the prudent use of prescriptiondrugs and how to access government and private prescription drug programs anddiscounts. The program shall include consultation by licensed pharmacists forindividuals with respect to how the individuals may, with the approval of theappropriate prescribing health care professional, avoid dangerous druginteractions and substitute more cost effective drugs for the drugs prescribed.
9-2-125. Client treatment records; confidentiality; limited disclosurepermitted; definitions.
(a) Client registration records and treatment records relatingto persons receiving mental health or substance abuse treatment at a treatmentfacility under contract with the department shall remain confidential, exceptas provided in this section, W.S. 7-4-201(f), 28-8-107, 28-8-108, 28-8-111 and35-2-605 through 35-2-617.
(b) The content of any record specified in subsection (a) ofthis section may be disclosed in accordance with the prior written consent ofthe person who is the subject of the record, but only to the extent, under thecircumstances, and for the purposes as are allowed under the terms of thewritten consent.
(c) The records specified in subsection (a) of this sectionshall be provided by the treatment facility or by another division within thedepartment to the mental health division or the substance abuse division forthe purpose of determining compliance with state or federal requirements and asnecessary to coordinate treatment for mental illness, developmentaldisabilities, alcoholism or drug abuse.
(d) Treatment records of a person may be released withoutinformed written consent of the patient or his legal representative in thefollowing circumstances:
(i) To an agency as necessary for management or financialaudits, or program monitoring and evaluation. Information obtained under thisparagraph shall remain confidential and may not be used in a manner thatdiscloses the name or other identifying information about the persons whoserecords are being released;
(ii) For purposes of research as provided in W.S. 9-2-126. Information obtained under this paragraph shall remain confidential and may notbe used in a manner that discloses the name or other identifying informationabout the persons whose records are being released;
(iii) Within the treatment facility where the client is receivingtreatment as necessary for the provision of mental health or substance abuseservices;
(iv) To a licensed physician or a licensed health care providerwho has determined that the life or health of the client is in danger and thattreatment without the information contained in the treatment records could beinjurious to the client's health. Disclosure under this paragraph shall belimited to the portions of the records necessary to meet the medical emergency;
(v) To a treatment facility that is to receive the client fromanother treatment facility. The release of records under this subsection shallbe limited to the treatment records required by law and those treatment recordsas necessary for the provision of mental health and substance abuse services;
(vi) To a correctional facility, the board of parole, acorrections employee or contractor who is responsible for the supervision of aperson who is receiving mental health or substance abuse services. Release ofrecords under this paragraph is limited to and as follows:
(A) An evaluation report provided pursuant to a writtensupervision plan;
(B) The discharge summary, including a record or summary of allsomatic treatments, at the termination of any treatment provided as part of thesupervision plan;
(C) When a person is returned from a treatment facility to acorrectional facility or when a person under the supervision of the departmentof corrections is receiving mental health or substance abuse services from atreatment facility, the information provided under paragraph (v) of thissubsection. Disclosure under this paragraph shall be made to clinical staffonly;
(D) Any information necessary to establish or implement changesin the person's treatment plan or the level or kind of supervision asdetermined by the department of corrections, the contractor or the board ofparole. In cases involving a person transferred back to a correctional facility,disclosure under this paragraph shall be made to clinical staff only.
(vii) To the person's legal representative or guardian ad litem,without modification, at any time in order to prepare for involuntarycommitment or recommitment proceedings, reexaminations, appeals or otheractions relating to detention, admission, commitment or patient's rights;
(viii) Pursuant to lawful search warrant or other order issued bya court.
(e) The department shall develop and maintain an informationsystem to be used by the department and its divisions that includes a trackingmethod which allows the department and its divisions to identify mental healthand substance abuse clients' participation in any mental health or substanceabuse services on an immediate basis. The information system shall not includeindividual client's case history files. Confidentiality of client informationshall be maintained to avoid identification of individual clients. The dataelements shall be designed to provide information that is needed to measureperformance and achieve service outcomes.
(f) Nothing in this section shall be construed to prohibit thecompilation and publication of statistical data for use by government orresearchers under standards, including standards to assure maintenance ofconfidentiality, as established by rule and regulation of the department.
(g) As used in W.S. 9-2-125 and 9-2-126:
(i) "Department" means the department of health;
(ii) "Individually identifiable" means that a recordcontains information which reveals or can likely be associated with theidentity of the person or persons to whom the record pertains;
(iii) "Legal representative" means a person legallyauthorized to give consent for the disclosure of personal records on behalf ofa minor or a legally incompetent adult;
(iv) "Registration records" means the records of thedepartment, treatment facilities and other persons providing treatment servicesunder contract with the department which identify persons who are receiving orwho at any time have received treatment services for mental illness