State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter1

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - IN GENERAL

 

35-1-101. Local contributions; disposition.

 

Allmonies paid to the state treasurer representing contributions by city councils,county commissioners, trustees of school districts, or other public agencies,for public health purposes, shall be set up and designated on the books of the statetreasurer in a separate account, and shall be expended and disbursed uponwarrants drawn by the state auditor against said account when the voucherstherefor have been approved by the department of health.

 

35-1-102. Sanitation of public institutions.

 

Itshall be the duty of the officers, managers, superintendents, proprietors andlessees of all hospitals, asylums, infirmaries, prisons, jails, schools,theaters, public places and public institutions to remedy any and all defectsrelating to the unsanitary condition of such institution, or institutions, asmay be under their control, when such defects shall have been called to theirattention in writing by the department of health.

 

35-1-103. Neglect or failure of officials to perform duty.

 

Anymember of the department of health, any county health officer, or any officer,superintendent, or principal of any city, town, county or institution named inthis act, who shall fail or neglect to perform any of the duties hereinrequired of them, shall be guilty of a misdemeanor and upon conviction thereofshall be fined in the sum of not less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000.00), or shall be confined in the countyjail for a period of not less than six (6) months, nor more than a year, orboth.

 

35-1-104. Applicability of provisions; exceptions.

 

Thisact shall not apply to publications, advertisements or notices of the UnitedStates government, the state of Wyoming or of any city in the state of Wyoming.

 

35-1-105. Prohibited acts; penalty for violations.

 

 

(a) Any person, corporation or other organization and eachrepresentative thereof, who:

 

(i) Shall wilfully violate, disobey or disregard the provisionsof the public health laws of Wyoming or the terms of any lawful notice, order,rule or regulation issued pursuant thereto; or

 

(ii) Repealed by Laws 1982, ch. 75, 5.

 

(iii) Being a person charged by law or rule of the department ofhealth with the duty of reporting the existence of disease or other facts andstatistics relating to the public health, shall fail to make or file suchreports as required by law or requirement of the department; or who,

 

(iv) Conducting a business or activity over which the departmentshall possess the power of certification and regulations, and who shall berequired to have a certificate or permit therefor, shall conduct such businessor activity without such a certificate or permit; or

 

(v) Shall wilfully and falsely make or alter any certificate orcertified copy thereof issued pursuant to public health laws of Wyoming; or

 

(vi) Shall knowingly transport or accept for transportation,interment or other disposition a dead human body without an accompanying permitissued in accordance with the public health laws of Wyoming or the rules of thedepartment; or who,

 

(vii) Being the owner or occupant of private property upon whichthere shall exist a nuisance, source of filth or cause of sickness, shallwilfully fail to remove the same at his own expense within forty-eight (48)hours after being ordered to do so by health authorities.

 

(b) Upon conviction, shall be fined not to exceed one hundreddollars ($100.00) or imprisonment not to exceed six (6) months, or shall beboth so fined and imprisoned, and in addition to such fine and imprisonmentshall be liable for all expense incurred by health authorities in removing anysuch nuisance, source of filth, or cause of sickness. No conviction under thepenalty provisions of this act or of any other public health laws shall relieveany person from an action in damages for injury resulting from violation ofpublic health laws.

 

35-1-106. Penalty for violations.

 

Anyperson who shall violate any of the provisions of this act, or any lawful ruleor regulation made by the state department of health pursuant to the authorityherein granted, or who shall fail or refuse to obey any lawful order issued byany state, county or municipal health officer pursuant to the authority grantedin this act shall be deemed guilty of misdemeanor, and shall be punished exceptas otherwise provided therein by a fine of not more than one thousand dollars($1,000.00), or by imprisonment for not more than one (1) year or by both suchfine and imprisonment.

 

ARTICLE 2 - DEPARTMENT OF HEALTH

 

35-1-201. Exceptions with reference to religion.

 

Except as provided in W.S. 35-4-113, withrespect to all persons who, either on behalf of themselves or their minorchildren or wards, rely in good faith upon spiritual means or prayer in thefree exercise of religion to prevent or cure disease, nothing in this act shallhave the effect of requiring or giving any health officer or other person theright to compel any such person, minor child or ward, to go or be confined in ahospital, or other medical institution unless no other place for quarantine ofsuch person, minor child, or ward can be secured, nor to compel any suchperson, child, or ward to submit to any medical treatment.

 

35-1-220. Legal advisers; provisions as to enforcement.

 

Theattorney general of Wyoming shall be legal adviser for the department of healthand shall defend it in all action and proceedings brought against it. Thedistrict attorney for the county in which a cause of action may arise, shallbring any action requested by the department to abate a condition which existsin violation of, or to restrain or enforce any action which is in violation of,or to prosecute for the violation of, or for the enforcement of, the publichealth laws of Wyoming. If he fails to so act, the department may bring anysuch action and shall be represented by the attorney general or by specialcounsel.

 

35-1-221. Judicial review of decisions.

 

 

(a) Any person aggrieved and affected by a decision of thedepartment of health shall be entitled to judicial review thereof, by filing inthe district court of the Wyoming county of his residence, within thirty (30)days after such decision, an appropriate action requesting such review. Thecourt may make any interested person a party to the action. The review shall beconducted by the court without a jury and shall be confined to the department'srecord, if a complete record is so presented, except that in cases of allegedirregularities in the record or in the procedure before the department,testimony may be taken in and by the court, which may affirm the department'sdecision or may reserve or modify it if the substantial rights of the appellanthave been prejudiced as a result of the findings and decisions of thedepartment because:

 

(i) Contrary to or affecting constitutional rights orprivileges; or

 

(ii) In excess of statutory authority or jurisdiction of thedepartment, or resulting from other error or law; or

 

(iii) Made or promulgated upon unlawful procedure; or

 

(iv) Unsupported by substantial evidence in view of the entirerecord as submitted; or

 

(v) Arbitrary or capricious.

 

(b) Any party may have a review of the final judgment ordecision of the district court by appeal to the supreme court of Wyoming.

 

35-1-222. Sanitary information generally.

 

Thedepartment of health shall cause all proper sanitary information in itspossession to be promptly forwarded to the county health officers, addingthereto such useful suggestions as the experience of the department may supply,and it is also hereby made the duty of said county health officers to supplythe like information and suggestions to the department of health, and thedepartment of health is authorized to require reports and information at suchtimes of such facts and of such nature and extent relating to the safety oflife and promotion of health as its bylaws or rules may provide; from allpublic or private dispensaries, hospitals, asylums, infirmaries, prisons,schools, and from managers, principals, and officers thereof, and from allother public institutions, their officers, managers and from the proprietors,managers, lessees, and occupants of all places of public resort in the state,but such reports and information shall only be required concerning matters orparticulars in respect to which they may in their opinion need information forthe proper discharge of their duties. The department shall, when requested bypublic authorities, or when they may deem it best advise the officers of thestate, counties, cities, or towns or local governments in regard to sanitarydrainage and the location, drainage, ventilation and sanitary provisions of anypublic institution, building or public place.

 

35-1-223. Cooperation to prevent spread of contagious diseases; reportof epidemics or diseases required from local health officials.

 

Thedepartment of health shall give all information that may be reasonablyrequested concerning any threatened danger to the public health, and the localhealth officers and all the state, county, city and town officers in the stateshall give the like information to the state health officer, and the departmentand said state, county, city and town officers, insofar as legal andpracticable, shall cooperate to prevent the spread of diseases, and for theprotection of life and the promotion of health within the sphere of theirrespective duties. When in any county, an epidemic or contagious or infectiousdisease including venereal diseases, is known to exist, it shall be the duty ofthe county health officer of such county to immediately notify the state healthofficer of the existence of the same, with such facts as to its cause andcontinuance as may then be known.

 

35-1-224. Inspection of public buildings and grounds or plans ordescription thereof.

 

Itis hereby made the duty of all boards and agents having the control, charge orcustody of any public structure, work, ground or erection, or of any plan,description, outlines, drawings thereof, or relating thereto, made, kept orcontrolled by any public authority, to promote and facilitate the examinationand inspection and the making of copies of the same by any officer or person bythe department of health authorized; and the members of the department may,without fee or hindrance enter, examine and survey all such grounds, erection,structures, buildings and places.

 

35-1-225. Inspection of water supply; duties as to streets and publicstructures generally.

 

Thedepartment of health is authorized and empowered to investigate and ascertainas far as possible, in relation to the pollution of streams and natural watersof this state by artificial causes, or of all waterworks, and water systemsbelonging to any city or town, sanitary district, corporation, company orindividual, in this state and supplying water for public consumption, which intheir judgment may be necessary to determine the sanitary and economic effectsof such pollution, and to enter in and upon the grounds, buildings andpremises, waterworks, reservoirs, pipelines, pump houses and everythingconnected with the collection and distribution of water to the inhabitants ofany city or town, to make, institute, and conduct needful experimentspertaining thereto, and shall have power to summon witnesses, administer oaths,and hear evidence relating to such matters, and to make full report to thecity, town or sanitary district authorities and also to the proper officers ofany privately owned water utility when included in such investigations, oftheir operations and investigations in writing; and it shall be the duty of allsuch officers when notified of any unsanitary conditions of streets, alleys,sidewalks, waterworks, or other public ways, structures or improvements undertheir control, to at once take steps to repair, cleanse, abate or destroy thesame.

 

35-1-226. Power of department in cities and towns.

 

Itshall be the duty of the state department of health, upon petition of at leasttwenty (20) taxpayers in any community, to send a competent representative toany incorporated city or town in this state for the purpose of inspecting andthoroughly investigating the sanitary condition of such city or town and thedepartment shall have the power and it shall be the duty of the department tocondemn, in any such city or town, any buildings, sewers, water connections, orother things, that in their judgment are in such condition as is likely toproduce or cause the spread of epidemic diseases. And the department shall givenotice to the mayor and council of such city or town to repair, remove, cleanseor remedy such defect or defects, within ten (10) days, and if the same shallnot be done within the time specified in said notice, as directed by thedepartment of health, it shall be the duty of the department to have same done;and the department is authorized to employ sufficient labor and furnish allnecessary materials for the performance of such work, and it shall be the dutyof the department, upon the completion of such work, to issue certificates tothe person or persons performing such work and furnishing material therefor,and to file a report of the expense incurred in the performance of such workwith the clerk of said city or town; and it shall be the duty of the council ofsuch city or town where such work has been performed, to issue warrant orwarrants to the proper parties for the payment of all such expense. Saidwarrant or warrants to be paid by the treasurer of such city or town as otherwarrants are paid.

 

35-1-227. Supervision of county health officers.

 

Thecounty health officers of this state shall be under the direction andsupervision of the state department of health, and the state department ofhealth shall have authority to make such rules and regulations for thegovernment and direction of said county health officers as in their judgment maybe best suited to maintain the public health.

 

35-1-228. Repealed by Laws 1991, ch. 221, 3.

 

 

35-1-229. Rules and regulations.

 

 

(a) The state department of health is hereby empowered anddirected to make such rules and regulations as shall in its judgment benecessary for the carrying out of the provisions of this act, including rulesand regulations providing for the control and treatment of persons isolated orquarantined under the provisions of W.S. 35-4-133 and 35-4-134, and such otherrules and regulations not in conflict with provisions of this act concerningthe control of venereal diseases and concerning the care, treatment andquarantine of persons infected therewith as it may from time to time deemadvisable. All such regulations so made shall be of force and binding upon allcounty and municipal health officers and other persons affected by this act andshall have the force and effect of law; provided, further, that the expenseincident to the quarantine and treatment of venereally infected persons inprisons shall be borne by the county in which the person or persons areimprisoned, excepting inmates of state institutions which shall be borne by thestate, when evidenced by proper vouchers and receipts approved by thedepartment of health.

 

(b) The department of health may promulgate rules andregulations to set standards for the chemical, bacteriological, physical orradiological content of a small water supply and shall be applicable only whena legal interest in real property to which the small water supply isappurtenant is conveyed from one (1) party to another or when a conveyance isreasonably anticipated and when such standards are required by a lender. Asused in this subsection, "small water supply" means any water supplywith not more than nine (9) service connections, which is currently used forhuman consumption or for which plans exist for its future use for humanconsumption. The cost of any testing to determine the chemical,bacteriological, physical or radiological content of a small water supply shallbe borne by the parties.

 

35-1-240. Powers and duties.

 

(a) The department of health, through the state health officer,or under his direction and supervision, through the other employees of thedepartment, shall have and exercise the following powers and duties:

 

(i) To exercise in Wyoming, all the rights and powers andperform all duties hereunder;

 

(ii) To investigate and control the causes of epidemic, endemic,communicable, occupational and other diseases and afflictions, and physicaldisabilities resulting therefrom, affecting the public health;

 

(iii) To establish, maintain and enforce isolation andquarantine, and in pursuance thereof, and for such purpose only, to exercisesuch physical control over property and over the persons of the people withinthis state as the state health officer may find necessary for the protection ofthe public health;

 

(iv) To close theaters, schools and other public places, and toforbid gatherings of people when necessary to protect the public health;

 

(v) To abate nuisances when necessary for the protection of thepublic health;

 

(vi) To enforce such sanitary standards for the protection ofpublic health as to the quality of water supplied to the public and as to thequality of the effluent of sewerage systems and trade wastes discharged uponthe land or into the surface or ground waters of the state, as are or may beestablished by law, and to advise with municipalities, utilities, institutions,organizations and individuals, concerning the methods or processes believed byhim best suited to provide the protection or purification of water and thetreatment of sewage and trade wastes to meet such minimum standards;

 

(vii) To collect, compile, and tabulate reports of marriages,divorces and annulments, births, deaths and morbidity, and to require anyperson having information with regard to the same to make such reports;

 

(viii) To regulate the disposal, transportation, interment anddisinterment of the dead;

 

(ix) To establish, maintain and approve chemical,bacteriological and biological laboratories and to conduct or require suchlaboratory investigations and examinations as it may deem necessary or properfor the protection of the public health;

 

(x) To make, approve, and require standard diagnostic tests andto prepare, distribute and require the completion of forms of certificates withrespect thereto;

 

(xi) To purchase and to distribute to licensed physicians, withor without charge, as the department may determine, or to administer suchvaccines, serums, toxoids and other approved biological or therapeutic productsas may be necessary for the protection of the public health;

 

(xii) To exercise sanitary control over the use of water employedin the irrigation of vegetables or other edible crops intended for humanconsumption, and to exercise sanitary control over the use of fertilizerderived from excreta of human beings or from the sludge of sewage disposalplants. The state health officer shall have authority to impound any and allvegetables and other edible crops and meat and animal products intended forhuman consumption which have been grown or produced in violation of the orders,rules and regulations of the department, and upon five (5) days notice and afteraffording reasonable opportunity for a hearing, to the interested partiesbefore the state health officer or his designee, to condemn and destroy thesame if it deems such necessary for the protection of the public health;

 

(xiii) To certify, inspect and exercise sanitary control overhospitals, sanitoriums, convalescent homes, maternity homes, asylums, and othersimilar institutions;

 

(xiv) To establish standards and make sanitary, sewerage andhealth inspections for charitable, penal and other state and countyinstitutions;

 

(xv) To enforce current sanitary standards, or those that may beestablished by law, for the operation and maintenance of lodging houses,hotels, public conveyances and stations, schools, factories, workshops,industrial and labor camps, recreational resorts and camps, and otherbuildings, centers and places used for public gatherings;

 

(xvi) To establish and enforce sanitary standards for theoperation of toilet facilities in all garages, filling stations and otherplaces of business which maintain such facilities for the convenience of theirpatrons;

 

(xvii) To disseminate public health information;

 

(xviii) To exercise all the rights and powers and perform all theduties vested in or imposed by law upon the state department of health, itsofficers and employees, as constituted before this act, becomes effective; tohold hearings, administer oaths, subpoena witnesses and take testimony in allmatters relating to the exercise and performances of the powers and duties vestedin or imposed upon the department;

 

(xix) To advise the director of the department about publichealth issues, programs and policies for the state;

 

(xx) To operate a public health nursing program which mayinclude, but is not limited to, provision of immunizations, evaluation of theneed of individuals for nursing home admission or services and the operation ofan infant public health nurse home visitation subprogram. The public healthnursing program may, where and to the extent appropriate, be administeredthrough or in conjunction with county, municipal or district healthdepartments;

 

(xxi) During a public health emergency as defined by W.S.35-4-115(a)(i), the state health officer may prescribe pharmaceutical ortherapeutic interventions en masse as necessary to protect the public health;

 

(xxii) Administer the Wyoming physician recruitment grant programprovided in W.S. 35-1-1101.

 

(b) In carrying out duties prescribed under paragraphs (a)(ii)and (vii) of this section, the department shall:

 

(i) Develop and require the uniform registration and reportingof medical information by hospitals, physicians and other health care providersas necessary to establish the Wyoming central tumor registry in accordance withthe American college of surgeons guidelines;

 

(ii) By rule and regulation establish registration fees forhospitals, physicians or other health care providers required to registermedical information with the registry under paragraph (b)(i) of this section inan amount to ensure that, to the extent practicable, the total revenuegenerated from the fees collected approximates but does not exceed the directand indirect costs of administering and operating the registry. Fees collectedunder this paragraph shall be deposited in the general fund.

 

35-1-241. Safe disposal of corpses in emergency circumstances.

 

(a) The state health officer in consultation with theappropriate county coroner, during the period that a public health emergencyexists, may:

 

(i) Adopt and enforce measures to provide for the safe disposalof corpses as may be reasonable and necessary for emergency response. Thesemeasures may include the embalming, burial, cremation, interment, disinterment,transportation and disposal of corpses;

 

(ii) Take possession or control of any corpse;

 

(iii) Order the disposal of any corpse of a person who has diedof an infectious disease through burial or cremation within twenty-four (24)hours after death;

 

(iv) Compel any person authorized to embalm, bury, cremate,inter, disinter, transport or dispose of corpses to accept any corpse orprovide the use of his business or facility if the actions are reasonable andnecessary for emergency response. The use of a business or facility mayinclude transferring the management and supervision of the business or facilityto the state health officer and granting the right for the state health officerto take immediate possession for a limited or unlimited period of time, butshall not exceed beyond the termination of the public health emergency.

 

(b) Every corpse prior to disposal pursuant to subsection (a)of this section shall be clearly labeled with all available information toidentify the decedent and the circumstances of death. Any corpse of a deceasedperson with an infectious disease shall have an external, clearly visible tagindicating that the corpse is infected and, if known, the infectious disease.

 

(c) Every person in charge of disposing of any corpse pursuantto subsection (a) of this section shall maintain a written record of eachcorpse and all available information to identify the decedent and thecircumstances of death and disposal. If a corpse cannot be identified, priorto disposal a qualified person shall, to the extent possible, take fingerprintsand one (1) or more photographs of the corpse, and collect a DNA specimen. Allinformation collected under this subsection shall be promptly forwarded to thestate health official.

 

(d) As used in this section "public health emergency"means as defined by W.S. 35-4-115(a)(i).

 

ARTICLE 3 - COUNTY, MUNICIPAL AND DISTRICT HEALTH DEPARTMENTS

 

35-1-301. Definitions; establishment; participation by municipality indistrict department.

 

 

(a) For the purposes of this act, the word"municipality" shall mean and include any town, village or city ofthis state, and the word "district" shall mean and include anycombination of said towns, villages, cities and counties of this state.

 

(b) Any county, municipality, or district may, by resolution ofthe board of county commissioners or municipal governing body or by a majorityof the votes cast by the qualified electors of such county, municipality, ordistrict, establish and maintain a county, municipal, or district healthdepartment.

 

(c) Any two (2) or more adjacent counties may, by resolutionsof the boards of county commissioners or by a majority of the votes cast by thequalified electors establish and maintain a district health department.

 

(d) Any municipality within a health department district may,by resolution of the municipal governing body or by a majority of the votescast by the qualified electors of such municipality, participate in such adistrict health department.

 

35-1-302. Organization of units.

 

 

(a) Within thirty (30) days after the adoption of a resolutionor resolutions to establish and maintain a county and/or city or districthealth department, the board or boards of county commissioners and/or citygoverning body, as the case may be, shall proceed to organize such a departmentby the appointment of a county and/or city or district board of health,hereinafter referred to as the board.

 

(b) Each county and/or city board of health shall consist offive (5) members, all of whom shall be qualified electors of the county inwhich they serve, and one (1) shall have the degree of doctor of medicine andone (1) shall have the degree of doctor of dental surgery when available insaid county. One (1) member of the board to be appointed for one (1) year; one(1) for two (2) years; one (1) for three (3) years, one (1) for four (4) years;and one (1) for five (5) years. Thereafter appointments for full term shall befor five (5) years. Vacancies for unexpired terms shall be filled byappointment by the board of county commissioners and/or city governing body.

 

(c) The number of members on the district board shall be atleast equal to the number of participating political subdivisions; eachparticipating political subdivision shall have at least one (1) representativeon the board; the board shall not have less than seven (7) members; at leastone (1) member of the board shall have the degree of doctor of medicine and atleast one (1) member shall have the degree of doctor of dental surgery. For theoriginal board, one (1) member shall be appointed for a term of one (1) year,two (2) for a term of two (2) years, two (2) for three (3) years, two (2) forfour (4) years. Thereafter, each appointment shall be for a term of four (4)years. The district board of health shall be appointed by a committee composedof one (1) member of each of the boards of county commissioners of the countiescomprising the district.

 

(d) Meetings of the board shall be held quarterly at such placeas is designated by the board and at such other time as may be desirable uponcall by the county and/or city or district health officer. Members of the boardshall serve without compensation, but shall be entitled to payment for traveland other necessary expense incurred while attending meetings of the board.

 

35-1-303. Rules and regulations; jurisdiction.

 

 

(a) County and/or city and district boards of health may enactrules and regulations pertaining to the prevention of disease and the promotionof public health in the area over which such respective boards havejurisdiction. But in no instance shall such rules and regulations be lesseffective than, or in conflict with, rules and regulations promulgated by thestate department of health. The district and/or city health officers shall haveall powers vested by law in county health officers.

 

(b) The jurisdiction of the county and/or city or districthealth department shall extend over all unincorporated areas and over allmunicipalities within the territorial limits of the county or countiescomprising the district except municipalities of Class I may maintain their ownhealth departments. However, any municipalities of Class I may merge its healthservices with that of the county or district in which such city is located.

 

35-1-304. Treasurer designated; fund to be created; composition anduse of fund; preparation and submission of budget; tax levy authorized.

 

(a) In the case of a county and/or city health department, thecounty and/or city treasurer, as a part of his official duties as county and/orcity treasurer, shall serve as treasurer of the department, and his officialbond as county and/or city treasurer shall extend to and cover his duties astreasurer of the department. In the case of a district health department, thecounty treasurer of the county in the district having the largest population,as a part of his official duties as county treasurer, shall serve as treasurerof the district department and his official bond as county treasurer shallextend to and cover his duties as treasurer of the department.

 

(b) The treasurer of a county and/or city or district healthdepartment shall, upon organization of the department, create a county and/orcity or district health department fund to which shall be credited:

 

(i) Any moneys that may be appropriated from the general countyfund or funds;

 

(ii) Any moneys received from state, federal or other grants ordonations for local health purposes;

 

(iii) Any moneys received from mill levies authorized by thisact.

 

(c) Any moneys credited to said fund shall be expended only formaintenance and operation of the department and claims or demands against saidfund shall be allowed upon certification by the health officer or a designatedmember of the board of health.

 

(d) A county and/or city board of health shall, annually beforeApril 1st of each year, estimate the total cost of maintaining the departmentfor the ensuing fiscal year, and the amount of moneys that may be availablefrom unexpended surpluses or from state or federal grants or other grants ordonations. The estimates shall be submitted in the form of a budget to theboard of county commissioners and/or city governing body and the board shallprovide any moneys necessary over estimated moneys from surpluses, grants anddonations to cover the total cost of maintaining the department for the ensuingfiscal year. If the city has chosen to have a biennial budget pursuant to W.S.16-4-104(h), then the city board of health shall submit their budget to thecity on April 1 of every other year in accordance with the city budget.

 

(e) A district board of health shall, annually before April 1stof each year, estimate the total cost of maintaining and operating thedepartment for the ensuing fiscal year and the amount of monies that may beavailable from unexpended surpluses or from state or federal grants or othergrants or donations. The estimates shall be submitted in the form of a budgetto a committee composed of the chairmen of the boards of county commissionersand/or city governing body of all counties and/or cities comprising the district.The cost of maintaining and operating the department, over estimated moniesfrom surpluses, grants or donations, shall be apportioned by the committeeamong the counties comprising the district on a basis of population of eachparticipating county in proportion to the total population of all countiescomprising the district. The boards of county commissioners of the respectivecounties shall provide any monies necessary to cover the proportionate share oftheir county. If the cities in the district have chosen to have a biennialbudget pursuant to W.S. 16-4-104(h), then the district board of health shallsubmit their budget to the cities on April 1 of every other year in accordancewith the cities' budget. If all the cities in the district are not on the samebudget schedule, the district shall still submit a biennial budget. However,for those cities who budget annually, they shall appropriate an annual amount.

 

(f) A tax levy may be made by the board of county commissionersspecifically for the public health purposes on assessed valuation.

 

35-1-305. Appointment of health officers and other personnelgenerally; local board of health may fix fees for certain services.

 

(a) In the counties, municipalities or districts where healthdepartments are created, as provided herein, the local board of health mayappoint a full time or part time health officer, deputy health officers, publichealth nurses, sanitarians, environmental health specialists and such otherpublic health personnel as may be deemed necessary to adequately protect thepublic health. Subject to subsection (c) of this section, the local board ofhealth may fix reasonable fees and charges for services, except for follow-upof communicable diseases and for individuals who receive services under thepublic health nursing infant home visitation subprogram created by W.S.35-27-102. No person shall be denied necessary nursing services within thelimits of available personnel because of an inability to pay the cost of suchservices.

 

(i) Repealed By Laws 2001, Ch. 127, 2.

 

(ii) Repealed By Laws 2001, Ch. 127, 2.

 

(iii) Repealed By Laws 2001, Ch. 127, 2.

 

(iv) Repealed By Laws 2001, Ch. 127, 2.

 

(v) Repealed By Laws 2001, Ch. 127, 2.

 

(b) All moneys collected hereunder shall be paid directly tothe city or county treasurer and placed in the corresponding health departmentfund.

 

(c) Prior to the establishment of any fee under this section,the local board of health, the city council or the board of countycommissioners, as appropriate, shall hold a public hearing after providingforty-five (45) days written notice of the hearing. No fee shall be imposed bythe local board of health under this section without the prior approval of thecity council or the board of county commissioners, as appropriate. No feeestablished under this section shall exceed five hundred dollars ($500.00).

 

35-1-306. Appointment of health officer and other personnel wheredepartments not established; fees and charges for services; payment.

 

(a) In counties or municipalities where such departments arenot established the boards of county commissioners or municipal governing bodyshall appoint the county or municipal health officer and other necessarypersonnel. The governing body of any combination of municipalities, counties,or municipalities and counties where such departments are not established mayform a health district and appoint a district health officer thereof. The termof office for the county, municipal, or district health officer shall be four(4) years unless sooner removed by the board of county commissioners,municipal, or district governing body. He shall have a degree of doctor ofmedicine, and shall assist the state department of health in carrying out theprovisions of all health and sanitary laws and regulations of the state.

 

(b) Each part-time county, municipal, or district healthofficer shall receive a minimum compensation of not less than twenty-fivedollars ($25.00) per month and necessary travel expenses incurred while engagedin the duties of his office.

 

(c) There is hereby authorized to be appointed by the boards ofcounty commissioners, municipal, or district governing bodies so desiring, adeputy health officer, public health nurses, sanitarians, and such other publichealth personnel as may be deemed necessary to adequately protect the publichealth to serve under the county, municipal or district health officer. Suchdeputy health officer shall have the same authority in his area as the healthofficer and shall be compensated at a maximum rate of two-thirds the salarypaid to the health officer of the county, municipality or district.

 

(d) Each public health nurse, sanitarian, and such otherprofessional public health personnel appointed under the provisions of this actshall meet the position specifications established by the state merit rule forsuch positions. Boards of county commissioners, municipal, or districtgoverning bodies are authorized and empowered to make appropriations for thecompensation and necessary expenses for such public health personnel from suchunencumbered funds as may be available. Said boards shall have the power to setall salaries for all personnel.

 

(e) Boards of county commissioners, municipal or districtgoverning bodies may fix reasonable fees and charges for services, except forfollow-up of communicable diseases and for individuals who receive servicesunder the public health nursing infant home visitation subprogram created byW.S. 35-27-102. No person shall be denied necessary nursing services within thelimits of available personnel because of an inability to pay the cost of suchservices.

 

(i) Repealed By Laws 2001, Ch. 127, 2.

 

(ii) Repealed By Laws 2001, Ch. 127, 2.

 

(iii) Repealed By Laws 2001, Ch. 127, 2.

 

(iv) Repealed By Laws 2001, Ch. 127, 2.

 

(v) Repealed By Laws 2001, Ch. 127, 2.

 

(f) Payment, in whole or in part for such services may beaccepted from any person. Payment of any charges due may be accepted from alocal county, state or federal public assistance agency or any combinationthereof; or from any individual, governmental agency, or corporation, public orprivate, when such services are provided any person, including but not limitedto a recipient of any type of social security aids administered by the federalor state governments, or a recipient of direct relief.

 

(g) All monies collected or appropriated hereunder shall bepaid directly to the treasurer of the county, municipality or district, as thecase may be, for credit to a county, municipal, or district health fund in themanner provided in W.S. 35-1-304, for county, municipal, and district healthdepartments. Any monies credited to said fund shall be expended only for thecompensation and necessary expenses for such public health personnel and claimsor demand against said fund shall be allowed upon certification by the healthofficer or a designated member of the governing board.

 

35-1-307. Purpose of health units.

 

Theestablishment of full-time local health units is for public health andpreventive medical purposes for the people of the state of Wyoming.

 

35-1-308. Dissolution and discontinuance.

 

Anycounty and/or city or district health department may be dissolved anddiscontinued by resolution of the board of county commissioners and/or city governingbody of a county and/or city maintaining a county and/or city healthdepartment, or by resolutions of the boards of county commissioners and/or citygoverning board of the counties and/or cities maintaining a district healthdepartment; provided, however, that no department shall be dissolved within thetwo (2) year period following the date of its establishment. Within ninety (90)days after the passage of a resolution or resolutions dissolving a department,the county and/or city or district board of health shall proceed to terminatethe affairs of the department. After payment of all obligations, any moneysremaining in a county and/or city health department fund shall be credited tothe general fund of the county and/or city, and any moneys remaining in adistrict health department fund shall be apportioned among the countiescomprising the district in the same manner as the cost of maintaining thedepartment was apportioned among the counties, and credited to their respectivegeneral funds. All other property of the county and/or city or district healthdepartment shall be disposed of as may be agreed upon by the county and/or cityor district board of health.

 

35-1-309. Adjacent county without department becoming part of healthdistrict by agreement.

 

 

(a) Generally. - Any county adjacent to a district maintaininga district health department may become a part of such district by agreementbetween its board of county commissioners and the boards of countycommissioners of the counties comprising the district. Any such county uponbeing accepted into the district, shall thereupon become subject to all theprovisions of this act as though it were originally a part of the district.

 

(b) Withdrawing from districts. - Any county in a district maywithdraw from the district by resolution of its board of county commissioners;provided, however, that no county may withdraw from a district within the two(2) year period following the establishment of the district or the county'sbecoming a part of the district, and then only after ninety (90) days writtennotice given to the department. In the event of withdrawal of a county from adistrict, any funds which had been appropriated by the county beforewithdrawal, to cover its proportionate share of maintaining the district, shallnot be returned to the county withdrawing.

 

ARTICLE 4 - VITAL RECORDS

 

35-1-401. Definitions.

 

(a) As used in this act:

 

(i) "Vital records" means records of birth, death,stillbirth, marriage, divorce and data relating thereto;

 

(ii) "System of vital records" includes theregistration, collection, preservation, amendment, and certification of vitalrecords and activities related thereto including the tabulation, analysis, andpublication of statistical data derived from such records;

 

(iii) "Filing" means the presentation of a certificate,report, or other record of a birth, death, stillbirth, adoption, marriage, ordivorce, for registration by vital records services;

 

(iv) "Registration" means the acceptance by vitalrecords services and the incorporation in its official records of certificates,reports or other records of births, deaths, stillbirths, adoption, marriages,and divorces;

 

(v) "Live birth" means the complete expulsion orextraction from its mother of a fetus, which after such expulsion orextraction, breathes or shows any other evidence of life such as beating of theheart, pulsation of the umbilical cord, or definite movement of voluntarymuscles, whether or not the umbilical cord has been cut or the placenta isattached;

 

(vi) "Stillbirth" means a birth after twenty (20)completed weeks gestation in which the child shows no evidence of life aftercomplete birth;

 

(vii) "Dead body" means a lifeless human body, or suchsevered parts of the human body, or the bones thereof, from the state of whichit reasonably may be concluded that death occurred;

 

(viii) "Final disposition" means the burial, interment,cremation, or other disposition of a dead body or stillbirth;

 

(ix) "Person in charge of interment" means any personwho places or causes to be placed a deceased, stillbirth, or dead body, orafter cremation the ashes thereof, in the earth, a grave, tomb, vault, urn orother receptacle, either in a cemetery or at any other place, or otherwisedisposes of a body;

 

(x) "Physician" means a person authorized or licensedto practice medicine as provided in W.S. 33-26-101 through 33-26-601;

 

(xi) "Institution" means any establishment, public orprivate, which provides inpatient medical, surgical or diagnostic care ortreatment, or nursing, custodial or domiciliary care to two (2) or moreunrelated individuals, or to which persons are committed by law.

 

35-1-402. State office established.

 

Thedepartment of health shall establish a state office of vital records services,which shall install, maintain, and operate the system of vital recordsthroughout this state.

 

35-1-403. Appointment of state registrar.

 

Thedirector of the department of health shall be the state registrar. He shallappoint a deputy who shall carry out the provisions of this act.

 

35-1-404. Duties of state registrar.

 

 

(a) The state registrar shall:

 

(i) Make, promulgate and enforce all necessary rules andregulations for carrying out the purpose of this act;

 

(ii) Receive, index and statistically compile the returns ofbirths, deaths, stillbirths, marriages and divorces from the entire state;

 

(iii) Prescribe and distribute such forms as are required by thisact and the rules and regulations issued hereunder;

 

(iv) Direct, supervise and control the activities of localregistrars and the activities of other local officials related to the operationof the vital records system and provide them with necessary postage;

 

(v) Submit to the governor an annual report of theadministration of this act;

 

(vi) Keep a correct account of all fees received and turn thesame over to the state treasurer as provided by law;

 

(vii) Delegate such functions and duties vested in him toofficers and employees of the office of vital records services and to the localregistrars as he deems necessary or expedient;

 

(viii) Investigate all of the cases of irregularity or violationof this act and any regulations.

 

35-1-405. Registration districts.

 

Thestate registrar shall from time to time establish registration districtsthroughout the state. He may consolidate or subdivide such districts tofacilitate registration.

 

35-1-406. Appointment and removal of local registrars and deputy localregistrars.

 

 

(a) The state registrar shall appoint a local registrar and oneor more deputy local registrars of vital records for each registrationdistrict. He may remove a local registrar or deputy local registrar forreasonable cause.

 

(b) Each person so appointed shall be notified in writing,setting forth the area for which he is responsible for promoting andsupervising vital registration, and he shall inform the state registrar inwriting of his acceptance of the appointment.

 

35-1-407. Duties of local registrars.

 

 

(a) Each local registration official shall serve as an agent ofthe state registrar in his district and shall:

 

(i) Register only births, stillbirths and deaths that occur inhis district;

 

(ii) Examine certificates, record them in his register,numbering each in order of filing;

 

(iii) Issue burial and removal permits for properly filed deathcertificates;

 

(iv) Make prompt returns on or before the fifth day of eachmonth to the state registrar or report that no births or deaths occurred in hisdistrict;

 

(v) See that the provisions of this act are enforced in hisdistrict and that all births, stillbirths and deaths that occur are fullyregistered and make prompt report to the state registrar of any case of failureor neglect to file certificates;

 

(vi) In accordance with regulations issued hereunder, the deputylocal registrar shall perform the duties of the local registrar in the absenceor incapacity of such local registrar and shall perform such other duties asmay be prescribed by the state registrar.

 

35-1-408. Compensation of local registrars.

 

 

(a) Each local registrar shall be paid 50 cents ($.50) for eachcertificate of birth, death or stillbirth registered by him and promptlytransmitted to the state registrar. If no birth, death, or stillbirth isregistered by him during any calendar month, the local registrar shall reportthat fact to the state registrar and be paid the sum of 50 cents ($.50).

 

(b) The fee will be paid annually by the county commissionersupon the presentation of a proper claim approved by the state registrar.

 

(c) No compensation shall be paid under this section to anyfull-time employee of a state or local unit of government.

 

35-1-409. Form of certificates.

 

(a) In order to promote and maintain uniformity of the systemof vital statistics the forms of the certificates, reports and other returnsrequired by the act or by regulations adopted hereunder, shall include as aminimum the items recommended by the federal agency responsible for nationalvital statistics subject to approval of and modification by the department ofhealth. Social security numbers, if available, will be required on deathcertificates.

 

(b) Each certificate, report and form required to be filedunder this act shall have entered upon its face the date of registration dulyattested.

 

35-1-410. Birth registration.

 

(a) A certificate of birth for each live birth which occurs inthis state shall be filed with the local registrar of the district in which thebirth occurs within ten (10) days after such birth and shall be registered bythe registrar if it has been completed in accordance with this section. When abirth occurs on a moving conveyance a birth certificate shall be filed in thedistrict in which the child was first removed from the conveyance.

 

(b) When a birth occurs in an institution, or en route thereto,the person in charge of the institution or a designated representative shallobtain the personal data, prepare the certificate, secure the signaturesrequired by the certificate and file it with the local registrar. The person inattendance will certify to the facts of the birth and provide the medicalinformation required by the certificate within seven (7) days after birth. Ifthe attendant has not signed the certificate within seven (7) days of the dateof the birth, the person in charge of the institution or a designatedrepresentative shall complete and sign the certificate.

 

(c) When a birth occurs outside an institution, the certificateshall be prepared and filed by one (1) of the following in the indicated orderof priority:

 

(i) The physician in attendance at or immediately after thebirth, or in the absence of such a person;

 

(ii) Any other person in attendance at or immediately after thebirth; or

 

(iii) The father, the mother, or in the absence of the father andthe inability of the mother, the person in charge of the premises where thebirth occurred.

 

(d) For purposes of birth registration, unless a court ofcompetent jurisdiction orders otherwise at any time, the woman who gives birthto the child shall be deemed the mother.

 

35-1-411. Name of father on birth certificate.

 

(a) If the mother was married either at the time of conceptionor birth of child, or between conception and birth, the name of the husbandshall be entered on the certificate as the father of the child, unless:

 

(i) Paternity has been determined otherwise by a court ofcompetent jurisdiction; or

 

(ii) The husband signs an affidavit denying that he is thefather and the mother and the person to be named as the father sign an affidavitof paternity under this section. Affidavits may be joint or individual or acombination thereof, and each signature shall be individually notarized. Thename of the person signing the affidavit of paternity shall be entered as thefather on the certificate of birth.

 

(b) If the mother was not married either at the time ofconception or birth of child, or between conception and birth, the name of thefather shall not be entered on the certificate of birth without an affidavit ofpaternity signed by the mother and the person to be named as father, unless adetermination of the paternity has been made by a court of competentjurisdiction.

 

(c) In any case in which paternity of a child is determined bya court of competent jurisdiction, the name of the father and surname of thechild shall be entered on the certificate of birth in accordance with thefinding and order of the court.

 

(d) If the father is not named on the certificate of birth, noother information about the father shall be entered on the certificate.

 

35-1-412. Report required of person assuming custody of foundlings;information to be shown; report to constitute birth certificate; subsequentidentification and certificate.

 

 

(a) Whoever assumes the custody of a living child of unknownparentage shall report within seven (7) days on a form to be approved by thestate registrar, to the local registrar of the registration district in whichcustody is assumed, the following information:

 

(i) Date of finding or assumption of custody;

 

(ii) Place of finding or assumption of custody;

 

(iii) Sex;

 

(iv) Color or race;

 

(v) Approximate age;

 

(vi) Name and address of the person or institution with whom thechild has been placed for care, if any;

 

(vii) Name given to the child by the finder or custodian; and

 

(viii) Other data required by the state registrar.

 

(b) The place where the child was found, or custody has beenassumed shall be known as the place of birth, and the date of birth shall bedetermined by approximation. The foundling report shall constitute thecertificate of birth for such foundling child and the provisions of this actrelating to certificates of birth shall apply in the same manner and with thesame effect to such report. If a foundling child shall later be identified anda regular certificate of birth be found or obtained, any report registeredunder this section shall be sealed and placed in a special file and may beopened only upon order of a court of competent jurisdiction or as provided byregulation.

 

35-1-413. Delayed registration of births.

 

 

(a) When the birth of a person born in this state has not beenregistered, a certificate may be filed in accordance with the regulations ofvital records services. The certificate shall be registered subject to suchevidentiary requirements as vital records services shall prescribe tosubstantiate the alleged facts of birth. Certificates of birth registered one(1) year or more after the date of occurrence shall be marked"Delayed" and show on their face the date of the delayedregistration. A summary statement of the evidence submitted in support of thedelayed registration shall be endorsed on the certificate. Evidence affectingdelayed certificates should be microfilmed and then returned to the registrant.

 

(b) When an applicant does not submit the minimum documentsrequired in the regulations for delayed registration, or when the stateregistrar of vital records finds reason to question the validity or adequacy ofthe documentary evidence, the state registrar of vital records shall notregister the delayed certificate and shall advise the applicant of the reasonsfor this action. Applications for delayed certificates which have not beencompleted within one (1) year from the

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter1

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - IN GENERAL

 

35-1-101. Local contributions; disposition.

 

Allmonies paid to the state treasurer representing contributions by city councils,county commissioners, trustees of school districts, or other public agencies,for public health purposes, shall be set up and designated on the books of the statetreasurer in a separate account, and shall be expended and disbursed uponwarrants drawn by the state auditor against said account when the voucherstherefor have been approved by the department of health.

 

35-1-102. Sanitation of public institutions.

 

Itshall be the duty of the officers, managers, superintendents, proprietors andlessees of all hospitals, asylums, infirmaries, prisons, jails, schools,theaters, public places and public institutions to remedy any and all defectsrelating to the unsanitary condition of such institution, or institutions, asmay be under their control, when such defects shall have been called to theirattention in writing by the department of health.

 

35-1-103. Neglect or failure of officials to perform duty.

 

Anymember of the department of health, any county health officer, or any officer,superintendent, or principal of any city, town, county or institution named inthis act, who shall fail or neglect to perform any of the duties hereinrequired of them, shall be guilty of a misdemeanor and upon conviction thereofshall be fined in the sum of not less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000.00), or shall be confined in the countyjail for a period of not less than six (6) months, nor more than a year, orboth.

 

35-1-104. Applicability of provisions; exceptions.

 

Thisact shall not apply to publications, advertisements or notices of the UnitedStates government, the state of Wyoming or of any city in the state of Wyoming.

 

35-1-105. Prohibited acts; penalty for violations.

 

 

(a) Any person, corporation or other organization and eachrepresentative thereof, who:

 

(i) Shall wilfully violate, disobey or disregard the provisionsof the public health laws of Wyoming or the terms of any lawful notice, order,rule or regulation issued pursuant thereto; or

 

(ii) Repealed by Laws 1982, ch. 75, 5.

 

(iii) Being a person charged by law or rule of the department ofhealth with the duty of reporting the existence of disease or other facts andstatistics relating to the public health, shall fail to make or file suchreports as required by law or requirement of the department; or who,

 

(iv) Conducting a business or activity over which the departmentshall possess the power of certification and regulations, and who shall berequired to have a certificate or permit therefor, shall conduct such businessor activity without such a certificate or permit; or

 

(v) Shall wilfully and falsely make or alter any certificate orcertified copy thereof issued pursuant to public health laws of Wyoming; or

 

(vi) Shall knowingly transport or accept for transportation,interment or other disposition a dead human body without an accompanying permitissued in accordance with the public health laws of Wyoming or the rules of thedepartment; or who,

 

(vii) Being the owner or occupant of private property upon whichthere shall exist a nuisance, source of filth or cause of sickness, shallwilfully fail to remove the same at his own expense within forty-eight (48)hours after being ordered to do so by health authorities.

 

(b) Upon conviction, shall be fined not to exceed one hundreddollars ($100.00) or imprisonment not to exceed six (6) months, or shall beboth so fined and imprisoned, and in addition to such fine and imprisonmentshall be liable for all expense incurred by health authorities in removing anysuch nuisance, source of filth, or cause of sickness. No conviction under thepenalty provisions of this act or of any other public health laws shall relieveany person from an action in damages for injury resulting from violation ofpublic health laws.

 

35-1-106. Penalty for violations.

 

Anyperson who shall violate any of the provisions of this act, or any lawful ruleor regulation made by the state department of health pursuant to the authorityherein granted, or who shall fail or refuse to obey any lawful order issued byany state, county or municipal health officer pursuant to the authority grantedin this act shall be deemed guilty of misdemeanor, and shall be punished exceptas otherwise provided therein by a fine of not more than one thousand dollars($1,000.00), or by imprisonment for not more than one (1) year or by both suchfine and imprisonment.

 

ARTICLE 2 - DEPARTMENT OF HEALTH

 

35-1-201. Exceptions with reference to religion.

 

Except as provided in W.S. 35-4-113, withrespect to all persons who, either on behalf of themselves or their minorchildren or wards, rely in good faith upon spiritual means or prayer in thefree exercise of religion to prevent or cure disease, nothing in this act shallhave the effect of requiring or giving any health officer or other person theright to compel any such person, minor child or ward, to go or be confined in ahospital, or other medical institution unless no other place for quarantine ofsuch person, minor child, or ward can be secured, nor to compel any suchperson, child, or ward to submit to any medical treatment.

 

35-1-220. Legal advisers; provisions as to enforcement.

 

Theattorney general of Wyoming shall be legal adviser for the department of healthand shall defend it in all action and proceedings brought against it. Thedistrict attorney for the county in which a cause of action may arise, shallbring any action requested by the department to abate a condition which existsin violation of, or to restrain or enforce any action which is in violation of,or to prosecute for the violation of, or for the enforcement of, the publichealth laws of Wyoming. If he fails to so act, the department may bring anysuch action and shall be represented by the attorney general or by specialcounsel.

 

35-1-221. Judicial review of decisions.

 

 

(a) Any person aggrieved and affected by a decision of thedepartment of health shall be entitled to judicial review thereof, by filing inthe district court of the Wyoming county of his residence, within thirty (30)days after such decision, an appropriate action requesting such review. Thecourt may make any interested person a party to the action. The review shall beconducted by the court without a jury and shall be confined to the department'srecord, if a complete record is so presented, except that in cases of allegedirregularities in the record or in the procedure before the department,testimony may be taken in and by the court, which may affirm the department'sdecision or may reserve or modify it if the substantial rights of the appellanthave been prejudiced as a result of the findings and decisions of thedepartment because:

 

(i) Contrary to or affecting constitutional rights orprivileges; or

 

(ii) In excess of statutory authority or jurisdiction of thedepartment, or resulting from other error or law; or

 

(iii) Made or promulgated upon unlawful procedure; or

 

(iv) Unsupported by substantial evidence in view of the entirerecord as submitted; or

 

(v) Arbitrary or capricious.

 

(b) Any party may have a review of the final judgment ordecision of the district court by appeal to the supreme court of Wyoming.

 

35-1-222. Sanitary information generally.

 

Thedepartment of health shall cause all proper sanitary information in itspossession to be promptly forwarded to the county health officers, addingthereto such useful suggestions as the experience of the department may supply,and it is also hereby made the duty of said county health officers to supplythe like information and suggestions to the department of health, and thedepartment of health is authorized to require reports and information at suchtimes of such facts and of such nature and extent relating to the safety oflife and promotion of health as its bylaws or rules may provide; from allpublic or private dispensaries, hospitals, asylums, infirmaries, prisons,schools, and from managers, principals, and officers thereof, and from allother public institutions, their officers, managers and from the proprietors,managers, lessees, and occupants of all places of public resort in the state,but such reports and information shall only be required concerning matters orparticulars in respect to which they may in their opinion need information forthe proper discharge of their duties. The department shall, when requested bypublic authorities, or when they may deem it best advise the officers of thestate, counties, cities, or towns or local governments in regard to sanitarydrainage and the location, drainage, ventilation and sanitary provisions of anypublic institution, building or public place.

 

35-1-223. Cooperation to prevent spread of contagious diseases; reportof epidemics or diseases required from local health officials.

 

Thedepartment of health shall give all information that may be reasonablyrequested concerning any threatened danger to the public health, and the localhealth officers and all the state, county, city and town officers in the stateshall give the like information to the state health officer, and the departmentand said state, county, city and town officers, insofar as legal andpracticable, shall cooperate to prevent the spread of diseases, and for theprotection of life and the promotion of health within the sphere of theirrespective duties. When in any county, an epidemic or contagious or infectiousdisease including venereal diseases, is known to exist, it shall be the duty ofthe county health officer of such county to immediately notify the state healthofficer of the existence of the same, with such facts as to its cause andcontinuance as may then be known.

 

35-1-224. Inspection of public buildings and grounds or plans ordescription thereof.

 

Itis hereby made the duty of all boards and agents having the control, charge orcustody of any public structure, work, ground or erection, or of any plan,description, outlines, drawings thereof, or relating thereto, made, kept orcontrolled by any public authority, to promote and facilitate the examinationand inspection and the making of copies of the same by any officer or person bythe department of health authorized; and the members of the department may,without fee or hindrance enter, examine and survey all such grounds, erection,structures, buildings and places.

 

35-1-225. Inspection of water supply; duties as to streets and publicstructures generally.

 

Thedepartment of health is authorized and empowered to investigate and ascertainas far as possible, in relation to the pollution of streams and natural watersof this state by artificial causes, or of all waterworks, and water systemsbelonging to any city or town, sanitary district, corporation, company orindividual, in this state and supplying water for public consumption, which intheir judgment may be necessary to determine the sanitary and economic effectsof such pollution, and to enter in and upon the grounds, buildings andpremises, waterworks, reservoirs, pipelines, pump houses and everythingconnected with the collection and distribution of water to the inhabitants ofany city or town, to make, institute, and conduct needful experimentspertaining thereto, and shall have power to summon witnesses, administer oaths,and hear evidence relating to such matters, and to make full report to thecity, town or sanitary district authorities and also to the proper officers ofany privately owned water utility when included in such investigations, oftheir operations and investigations in writing; and it shall be the duty of allsuch officers when notified of any unsanitary conditions of streets, alleys,sidewalks, waterworks, or other public ways, structures or improvements undertheir control, to at once take steps to repair, cleanse, abate or destroy thesame.

 

35-1-226. Power of department in cities and towns.

 

Itshall be the duty of the state department of health, upon petition of at leasttwenty (20) taxpayers in any community, to send a competent representative toany incorporated city or town in this state for the purpose of inspecting andthoroughly investigating the sanitary condition of such city or town and thedepartment shall have the power and it shall be the duty of the department tocondemn, in any such city or town, any buildings, sewers, water connections, orother things, that in their judgment are in such condition as is likely toproduce or cause the spread of epidemic diseases. And the department shall givenotice to the mayor and council of such city or town to repair, remove, cleanseor remedy such defect or defects, within ten (10) days, and if the same shallnot be done within the time specified in said notice, as directed by thedepartment of health, it shall be the duty of the department to have same done;and the department is authorized to employ sufficient labor and furnish allnecessary materials for the performance of such work, and it shall be the dutyof the department, upon the completion of such work, to issue certificates tothe person or persons performing such work and furnishing material therefor,and to file a report of the expense incurred in the performance of such workwith the clerk of said city or town; and it shall be the duty of the council ofsuch city or town where such work has been performed, to issue warrant orwarrants to the proper parties for the payment of all such expense. Saidwarrant or warrants to be paid by the treasurer of such city or town as otherwarrants are paid.

 

35-1-227. Supervision of county health officers.

 

Thecounty health officers of this state shall be under the direction andsupervision of the state department of health, and the state department ofhealth shall have authority to make such rules and regulations for thegovernment and direction of said county health officers as in their judgment maybe best suited to maintain the public health.

 

35-1-228. Repealed by Laws 1991, ch. 221, 3.

 

 

35-1-229. Rules and regulations.

 

 

(a) The state department of health is hereby empowered anddirected to make such rules and regulations as shall in its judgment benecessary for the carrying out of the provisions of this act, including rulesand regulations providing for the control and treatment of persons isolated orquarantined under the provisions of W.S. 35-4-133 and 35-4-134, and such otherrules and regulations not in conflict with provisions of this act concerningthe control of venereal diseases and concerning the care, treatment andquarantine of persons infected therewith as it may from time to time deemadvisable. All such regulations so made shall be of force and binding upon allcounty and municipal health officers and other persons affected by this act andshall have the force and effect of law; provided, further, that the expenseincident to the quarantine and treatment of venereally infected persons inprisons shall be borne by the county in which the person or persons areimprisoned, excepting inmates of state institutions which shall be borne by thestate, when evidenced by proper vouchers and receipts approved by thedepartment of health.

 

(b) The department of health may promulgate rules andregulations to set standards for the chemical, bacteriological, physical orradiological content of a small water supply and shall be applicable only whena legal interest in real property to which the small water supply isappurtenant is conveyed from one (1) party to another or when a conveyance isreasonably anticipated and when such standards are required by a lender. Asused in this subsection, "small water supply" means any water supplywith not more than nine (9) service connections, which is currently used forhuman consumption or for which plans exist for its future use for humanconsumption. The cost of any testing to determine the chemical,bacteriological, physical or radiological content of a small water supply shallbe borne by the parties.

 

35-1-240. Powers and duties.

 

(a) The department of health, through the state health officer,or under his direction and supervision, through the other employees of thedepartment, shall have and exercise the following powers and duties:

 

(i) To exercise in Wyoming, all the rights and powers andperform all duties hereunder;

 

(ii) To investigate and control the causes of epidemic, endemic,communicable, occupational and other diseases and afflictions, and physicaldisabilities resulting therefrom, affecting the public health;

 

(iii) To establish, maintain and enforce isolation andquarantine, and in pursuance thereof, and for such purpose only, to exercisesuch physical control over property and over the persons of the people withinthis state as the state health officer may find necessary for the protection ofthe public health;

 

(iv) To close theaters, schools and other public places, and toforbid gatherings of people when necessary to protect the public health;

 

(v) To abate nuisances when necessary for the protection of thepublic health;

 

(vi) To enforce such sanitary standards for the protection ofpublic health as to the quality of water supplied to the public and as to thequality of the effluent of sewerage systems and trade wastes discharged uponthe land or into the surface or ground waters of the state, as are or may beestablished by law, and to advise with municipalities, utilities, institutions,organizations and individuals, concerning the methods or processes believed byhim best suited to provide the protection or purification of water and thetreatment of sewage and trade wastes to meet such minimum standards;

 

(vii) To collect, compile, and tabulate reports of marriages,divorces and annulments, births, deaths and morbidity, and to require anyperson having information with regard to the same to make such reports;

 

(viii) To regulate the disposal, transportation, interment anddisinterment of the dead;

 

(ix) To establish, maintain and approve chemical,bacteriological and biological laboratories and to conduct or require suchlaboratory investigations and examinations as it may deem necessary or properfor the protection of the public health;

 

(x) To make, approve, and require standard diagnostic tests andto prepare, distribute and require the completion of forms of certificates withrespect thereto;

 

(xi) To purchase and to distribute to licensed physicians, withor without charge, as the department may determine, or to administer suchvaccines, serums, toxoids and other approved biological or therapeutic productsas may be necessary for the protection of the public health;

 

(xii) To exercise sanitary control over the use of water employedin the irrigation of vegetables or other edible crops intended for humanconsumption, and to exercise sanitary control over the use of fertilizerderived from excreta of human beings or from the sludge of sewage disposalplants. The state health officer shall have authority to impound any and allvegetables and other edible crops and meat and animal products intended forhuman consumption which have been grown or produced in violation of the orders,rules and regulations of the department, and upon five (5) days notice and afteraffording reasonable opportunity for a hearing, to the interested partiesbefore the state health officer or his designee, to condemn and destroy thesame if it deems such necessary for the protection of the public health;

 

(xiii) To certify, inspect and exercise sanitary control overhospitals, sanitoriums, convalescent homes, maternity homes, asylums, and othersimilar institutions;

 

(xiv) To establish standards and make sanitary, sewerage andhealth inspections for charitable, penal and other state and countyinstitutions;

 

(xv) To enforce current sanitary standards, or those that may beestablished by law, for the operation and maintenance of lodging houses,hotels, public conveyances and stations, schools, factories, workshops,industrial and labor camps, recreational resorts and camps, and otherbuildings, centers and places used for public gatherings;

 

(xvi) To establish and enforce sanitary standards for theoperation of toilet facilities in all garages, filling stations and otherplaces of business which maintain such facilities for the convenience of theirpatrons;

 

(xvii) To disseminate public health information;

 

(xviii) To exercise all the rights and powers and perform all theduties vested in or imposed by law upon the state department of health, itsofficers and employees, as constituted before this act, becomes effective; tohold hearings, administer oaths, subpoena witnesses and take testimony in allmatters relating to the exercise and performances of the powers and duties vestedin or imposed upon the department;

 

(xix) To advise the director of the department about publichealth issues, programs and policies for the state;

 

(xx) To operate a public health nursing program which mayinclude, but is not limited to, provision of immunizations, evaluation of theneed of individuals for nursing home admission or services and the operation ofan infant public health nurse home visitation subprogram. The public healthnursing program may, where and to the extent appropriate, be administeredthrough or in conjunction with county, municipal or district healthdepartments;

 

(xxi) During a public health emergency as defined by W.S.35-4-115(a)(i), the state health officer may prescribe pharmaceutical ortherapeutic interventions en masse as necessary to protect the public health;

 

(xxii) Administer the Wyoming physician recruitment grant programprovided in W.S. 35-1-1101.

 

(b) In carrying out duties prescribed under paragraphs (a)(ii)and (vii) of this section, the department shall:

 

(i) Develop and require the uniform registration and reportingof medical information by hospitals, physicians and other health care providersas necessary to establish the Wyoming central tumor registry in accordance withthe American college of surgeons guidelines;

 

(ii) By rule and regulation establish registration fees forhospitals, physicians or other health care providers required to registermedical information with the registry under paragraph (b)(i) of this section inan amount to ensure that, to the extent practicable, the total revenuegenerated from the fees collected approximates but does not exceed the directand indirect costs of administering and operating the registry. Fees collectedunder this paragraph shall be deposited in the general fund.

 

35-1-241. Safe disposal of corpses in emergency circumstances.

 

(a) The state health officer in consultation with theappropriate county coroner, during the period that a public health emergencyexists, may:

 

(i) Adopt and enforce measures to provide for the safe disposalof corpses as may be reasonable and necessary for emergency response. Thesemeasures may include the embalming, burial, cremation, interment, disinterment,transportation and disposal of corpses;

 

(ii) Take possession or control of any corpse;

 

(iii) Order the disposal of any corpse of a person who has diedof an infectious disease through burial or cremation within twenty-four (24)hours after death;

 

(iv) Compel any person authorized to embalm, bury, cremate,inter, disinter, transport or dispose of corpses to accept any corpse orprovide the use of his business or facility if the actions are reasonable andnecessary for emergency response. The use of a business or facility mayinclude transferring the management and supervision of the business or facilityto the state health officer and granting the right for the state health officerto take immediate possession for a limited or unlimited period of time, butshall not exceed beyond the termination of the public health emergency.

 

(b) Every corpse prior to disposal pursuant to subsection (a)of this section shall be clearly labeled with all available information toidentify the decedent and the circumstances of death. Any corpse of a deceasedperson with an infectious disease shall have an external, clearly visible tagindicating that the corpse is infected and, if known, the infectious disease.

 

(c) Every person in charge of disposing of any corpse pursuantto subsection (a) of this section shall maintain a written record of eachcorpse and all available information to identify the decedent and thecircumstances of death and disposal. If a corpse cannot be identified, priorto disposal a qualified person shall, to the extent possible, take fingerprintsand one (1) or more photographs of the corpse, and collect a DNA specimen. Allinformation collected under this subsection shall be promptly forwarded to thestate health official.

 

(d) As used in this section "public health emergency"means as defined by W.S. 35-4-115(a)(i).

 

ARTICLE 3 - COUNTY, MUNICIPAL AND DISTRICT HEALTH DEPARTMENTS

 

35-1-301. Definitions; establishment; participation by municipality indistrict department.

 

 

(a) For the purposes of this act, the word"municipality" shall mean and include any town, village or city ofthis state, and the word "district" shall mean and include anycombination of said towns, villages, cities and counties of this state.

 

(b) Any county, municipality, or district may, by resolution ofthe board of county commissioners or municipal governing body or by a majorityof the votes cast by the qualified electors of such county, municipality, ordistrict, establish and maintain a county, municipal, or district healthdepartment.

 

(c) Any two (2) or more adjacent counties may, by resolutionsof the boards of county commissioners or by a majority of the votes cast by thequalified electors establish and maintain a district health department.

 

(d) Any municipality within a health department district may,by resolution of the municipal governing body or by a majority of the votescast by the qualified electors of such municipality, participate in such adistrict health department.

 

35-1-302. Organization of units.

 

 

(a) Within thirty (30) days after the adoption of a resolutionor resolutions to establish and maintain a county and/or city or districthealth department, the board or boards of county commissioners and/or citygoverning body, as the case may be, shall proceed to organize such a departmentby the appointment of a county and/or city or district board of health,hereinafter referred to as the board.

 

(b) Each county and/or city board of health shall consist offive (5) members, all of whom shall be qualified electors of the county inwhich they serve, and one (1) shall have the degree of doctor of medicine andone (1) shall have the degree of doctor of dental surgery when available insaid county. One (1) member of the board to be appointed for one (1) year; one(1) for two (2) years; one (1) for three (3) years, one (1) for four (4) years;and one (1) for five (5) years. Thereafter appointments for full term shall befor five (5) years. Vacancies for unexpired terms shall be filled byappointment by the board of county commissioners and/or city governing body.

 

(c) The number of members on the district board shall be atleast equal to the number of participating political subdivisions; eachparticipating political subdivision shall have at least one (1) representativeon the board; the board shall not have less than seven (7) members; at leastone (1) member of the board shall have the degree of doctor of medicine and atleast one (1) member shall have the degree of doctor of dental surgery. For theoriginal board, one (1) member shall be appointed for a term of one (1) year,two (2) for a term of two (2) years, two (2) for three (3) years, two (2) forfour (4) years. Thereafter, each appointment shall be for a term of four (4)years. The district board of health shall be appointed by a committee composedof one (1) member of each of the boards of county commissioners of the countiescomprising the district.

 

(d) Meetings of the board shall be held quarterly at such placeas is designated by the board and at such other time as may be desirable uponcall by the county and/or city or district health officer. Members of the boardshall serve without compensation, but shall be entitled to payment for traveland other necessary expense incurred while attending meetings of the board.

 

35-1-303. Rules and regulations; jurisdiction.

 

 

(a) County and/or city and district boards of health may enactrules and regulations pertaining to the prevention of disease and the promotionof public health in the area over which such respective boards havejurisdiction. But in no instance shall such rules and regulations be lesseffective than, or in conflict with, rules and regulations promulgated by thestate department of health. The district and/or city health officers shall haveall powers vested by law in county health officers.

 

(b) The jurisdiction of the county and/or city or districthealth department shall extend over all unincorporated areas and over allmunicipalities within the territorial limits of the county or countiescomprising the district except municipalities of Class I may maintain their ownhealth departments. However, any municipalities of Class I may merge its healthservices with that of the county or district in which such city is located.

 

35-1-304. Treasurer designated; fund to be created; composition anduse of fund; preparation and submission of budget; tax levy authorized.

 

(a) In the case of a county and/or city health department, thecounty and/or city treasurer, as a part of his official duties as county and/orcity treasurer, shall serve as treasurer of the department, and his officialbond as county and/or city treasurer shall extend to and cover his duties astreasurer of the department. In the case of a district health department, thecounty treasurer of the county in the district having the largest population,as a part of his official duties as county treasurer, shall serve as treasurerof the district department and his official bond as county treasurer shallextend to and cover his duties as treasurer of the department.

 

(b) The treasurer of a county and/or city or district healthdepartment shall, upon organization of the department, create a county and/orcity or district health department fund to which shall be credited:

 

(i) Any moneys that may be appropriated from the general countyfund or funds;

 

(ii) Any moneys received from state, federal or other grants ordonations for local health purposes;

 

(iii) Any moneys received from mill levies authorized by thisact.

 

(c) Any moneys credited to said fund shall be expended only formaintenance and operation of the department and claims or demands against saidfund shall be allowed upon certification by the health officer or a designatedmember of the board of health.

 

(d) A county and/or city board of health shall, annually beforeApril 1st of each year, estimate the total cost of maintaining the departmentfor the ensuing fiscal year, and the amount of moneys that may be availablefrom unexpended surpluses or from state or federal grants or other grants ordonations. The estimates shall be submitted in the form of a budget to theboard of county commissioners and/or city governing body and the board shallprovide any moneys necessary over estimated moneys from surpluses, grants anddonations to cover the total cost of maintaining the department for the ensuingfiscal year. If the city has chosen to have a biennial budget pursuant to W.S.16-4-104(h), then the city board of health shall submit their budget to thecity on April 1 of every other year in accordance with the city budget.

 

(e) A district board of health shall, annually before April 1stof each year, estimate the total cost of maintaining and operating thedepartment for the ensuing fiscal year and the amount of monies that may beavailable from unexpended surpluses or from state or federal grants or othergrants or donations. The estimates shall be submitted in the form of a budgetto a committee composed of the chairmen of the boards of county commissionersand/or city governing body of all counties and/or cities comprising the district.The cost of maintaining and operating the department, over estimated moniesfrom surpluses, grants or donations, shall be apportioned by the committeeamong the counties comprising the district on a basis of population of eachparticipating county in proportion to the total population of all countiescomprising the district. The boards of county commissioners of the respectivecounties shall provide any monies necessary to cover the proportionate share oftheir county. If the cities in the district have chosen to have a biennialbudget pursuant to W.S. 16-4-104(h), then the district board of health shallsubmit their budget to the cities on April 1 of every other year in accordancewith the cities' budget. If all the cities in the district are not on the samebudget schedule, the district shall still submit a biennial budget. However,for those cities who budget annually, they shall appropriate an annual amount.

 

(f) A tax levy may be made by the board of county commissionersspecifically for the public health purposes on assessed valuation.

 

35-1-305. Appointment of health officers and other personnelgenerally; local board of health may fix fees for certain services.

 

(a) In the counties, municipalities or districts where healthdepartments are created, as provided herein, the local board of health mayappoint a full time or part time health officer, deputy health officers, publichealth nurses, sanitarians, environmental health specialists and such otherpublic health personnel as may be deemed necessary to adequately protect thepublic health. Subject to subsection (c) of this section, the local board ofhealth may fix reasonable fees and charges for services, except for follow-upof communicable diseases and for individuals who receive services under thepublic health nursing infant home visitation subprogram created by W.S.35-27-102. No person shall be denied necessary nursing services within thelimits of available personnel because of an inability to pay the cost of suchservices.

 

(i) Repealed By Laws 2001, Ch. 127, 2.

 

(ii) Repealed By Laws 2001, Ch. 127, 2.

 

(iii) Repealed By Laws 2001, Ch. 127, 2.

 

(iv) Repealed By Laws 2001, Ch. 127, 2.

 

(v) Repealed By Laws 2001, Ch. 127, 2.

 

(b) All moneys collected hereunder shall be paid directly tothe city or county treasurer and placed in the corresponding health departmentfund.

 

(c) Prior to the establishment of any fee under this section,the local board of health, the city council or the board of countycommissioners, as appropriate, shall hold a public hearing after providingforty-five (45) days written notice of the hearing. No fee shall be imposed bythe local board of health under this section without the prior approval of thecity council or the board of county commissioners, as appropriate. No feeestablished under this section shall exceed five hundred dollars ($500.00).

 

35-1-306. Appointment of health officer and other personnel wheredepartments not established; fees and charges for services; payment.

 

(a) In counties or municipalities where such departments arenot established the boards of county commissioners or municipal governing bodyshall appoint the county or municipal health officer and other necessarypersonnel. The governing body of any combination of municipalities, counties,or municipalities and counties where such departments are not established mayform a health district and appoint a district health officer thereof. The termof office for the county, municipal, or district health officer shall be four(4) years unless sooner removed by the board of county commissioners,municipal, or district governing body. He shall have a degree of doctor ofmedicine, and shall assist the state department of health in carrying out theprovisions of all health and sanitary laws and regulations of the state.

 

(b) Each part-time county, municipal, or district healthofficer shall receive a minimum compensation of not less than twenty-fivedollars ($25.00) per month and necessary travel expenses incurred while engagedin the duties of his office.

 

(c) There is hereby authorized to be appointed by the boards ofcounty commissioners, municipal, or district governing bodies so desiring, adeputy health officer, public health nurses, sanitarians, and such other publichealth personnel as may be deemed necessary to adequately protect the publichealth to serve under the county, municipal or district health officer. Suchdeputy health officer shall have the same authority in his area as the healthofficer and shall be compensated at a maximum rate of two-thirds the salarypaid to the health officer of the county, municipality or district.

 

(d) Each public health nurse, sanitarian, and such otherprofessional public health personnel appointed under the provisions of this actshall meet the position specifications established by the state merit rule forsuch positions. Boards of county commissioners, municipal, or districtgoverning bodies are authorized and empowered to make appropriations for thecompensation and necessary expenses for such public health personnel from suchunencumbered funds as may be available. Said boards shall have the power to setall salaries for all personnel.

 

(e) Boards of county commissioners, municipal or districtgoverning bodies may fix reasonable fees and charges for services, except forfollow-up of communicable diseases and for individuals who receive servicesunder the public health nursing infant home visitation subprogram created byW.S. 35-27-102. No person shall be denied necessary nursing services within thelimits of available personnel because of an inability to pay the cost of suchservices.

 

(i) Repealed By Laws 2001, Ch. 127, 2.

 

(ii) Repealed By Laws 2001, Ch. 127, 2.

 

(iii) Repealed By Laws 2001, Ch. 127, 2.

 

(iv) Repealed By Laws 2001, Ch. 127, 2.

 

(v) Repealed By Laws 2001, Ch. 127, 2.

 

(f) Payment, in whole or in part for such services may beaccepted from any person. Payment of any charges due may be accepted from alocal county, state or federal public assistance agency or any combinationthereof; or from any individual, governmental agency, or corporation, public orprivate, when such services are provided any person, including but not limitedto a recipient of any type of social security aids administered by the federalor state governments, or a recipient of direct relief.

 

(g) All monies collected or appropriated hereunder shall bepaid directly to the treasurer of the county, municipality or district, as thecase may be, for credit to a county, municipal, or district health fund in themanner provided in W.S. 35-1-304, for county, municipal, and district healthdepartments. Any monies credited to said fund shall be expended only for thecompensation and necessary expenses for such public health personnel and claimsor demand against said fund shall be allowed upon certification by the healthofficer or a designated member of the governing board.

 

35-1-307. Purpose of health units.

 

Theestablishment of full-time local health units is for public health andpreventive medical purposes for the people of the state of Wyoming.

 

35-1-308. Dissolution and discontinuance.

 

Anycounty and/or city or district health department may be dissolved anddiscontinued by resolution of the board of county commissioners and/or city governingbody of a county and/or city maintaining a county and/or city healthdepartment, or by resolutions of the boards of county commissioners and/or citygoverning board of the counties and/or cities maintaining a district healthdepartment; provided, however, that no department shall be dissolved within thetwo (2) year period following the date of its establishment. Within ninety (90)days after the passage of a resolution or resolutions dissolving a department,the county and/or city or district board of health shall proceed to terminatethe affairs of the department. After payment of all obligations, any moneysremaining in a county and/or city health department fund shall be credited tothe general fund of the county and/or city, and any moneys remaining in adistrict health department fund shall be apportioned among the countiescomprising the district in the same manner as the cost of maintaining thedepartment was apportioned among the counties, and credited to their respectivegeneral funds. All other property of the county and/or city or district healthdepartment shall be disposed of as may be agreed upon by the county and/or cityor district board of health.

 

35-1-309. Adjacent county without department becoming part of healthdistrict by agreement.

 

 

(a) Generally. - Any county adjacent to a district maintaininga district health department may become a part of such district by agreementbetween its board of county commissioners and the boards of countycommissioners of the counties comprising the district. Any such county uponbeing accepted into the district, shall thereupon become subject to all theprovisions of this act as though it were originally a part of the district.

 

(b) Withdrawing from districts. - Any county in a district maywithdraw from the district by resolution of its board of county commissioners;provided, however, that no county may withdraw from a district within the two(2) year period following the establishment of the district or the county'sbecoming a part of the district, and then only after ninety (90) days writtennotice given to the department. In the event of withdrawal of a county from adistrict, any funds which had been appropriated by the county beforewithdrawal, to cover its proportionate share of maintaining the district, shallnot be returned to the county withdrawing.

 

ARTICLE 4 - VITAL RECORDS

 

35-1-401. Definitions.

 

(a) As used in this act:

 

(i) "Vital records" means records of birth, death,stillbirth, marriage, divorce and data relating thereto;

 

(ii) "System of vital records" includes theregistration, collection, preservation, amendment, and certification of vitalrecords and activities related thereto including the tabulation, analysis, andpublication of statistical data derived from such records;

 

(iii) "Filing" means the presentation of a certificate,report, or other record of a birth, death, stillbirth, adoption, marriage, ordivorce, for registration by vital records services;

 

(iv) "Registration" means the acceptance by vitalrecords services and the incorporation in its official records of certificates,reports or other records of births, deaths, stillbirths, adoption, marriages,and divorces;

 

(v) "Live birth" means the complete expulsion orextraction from its mother of a fetus, which after such expulsion orextraction, breathes or shows any other evidence of life such as beating of theheart, pulsation of the umbilical cord, or definite movement of voluntarymuscles, whether or not the umbilical cord has been cut or the placenta isattached;

 

(vi) "Stillbirth" means a birth after twenty (20)completed weeks gestation in which the child shows no evidence of life aftercomplete birth;

 

(vii) "Dead body" means a lifeless human body, or suchsevered parts of the human body, or the bones thereof, from the state of whichit reasonably may be concluded that death occurred;

 

(viii) "Final disposition" means the burial, interment,cremation, or other disposition of a dead body or stillbirth;

 

(ix) "Person in charge of interment" means any personwho places or causes to be placed a deceased, stillbirth, or dead body, orafter cremation the ashes thereof, in the earth, a grave, tomb, vault, urn orother receptacle, either in a cemetery or at any other place, or otherwisedisposes of a body;

 

(x) "Physician" means a person authorized or licensedto practice medicine as provided in W.S. 33-26-101 through 33-26-601;

 

(xi) "Institution" means any establishment, public orprivate, which provides inpatient medical, surgical or diagnostic care ortreatment, or nursing, custodial or domiciliary care to two (2) or moreunrelated individuals, or to which persons are committed by law.

 

35-1-402. State office established.

 

Thedepartment of health shall establish a state office of vital records services,which shall install, maintain, and operate the system of vital recordsthroughout this state.

 

35-1-403. Appointment of state registrar.

 

Thedirector of the department of health shall be the state registrar. He shallappoint a deputy who shall carry out the provisions of this act.

 

35-1-404. Duties of state registrar.

 

 

(a) The state registrar shall:

 

(i) Make, promulgate and enforce all necessary rules andregulations for carrying out the purpose of this act;

 

(ii) Receive, index and statistically compile the returns ofbirths, deaths, stillbirths, marriages and divorces from the entire state;

 

(iii) Prescribe and distribute such forms as are required by thisact and the rules and regulations issued hereunder;

 

(iv) Direct, supervise and control the activities of localregistrars and the activities of other local officials related to the operationof the vital records system and provide them with necessary postage;

 

(v) Submit to the governor an annual report of theadministration of this act;

 

(vi) Keep a correct account of all fees received and turn thesame over to the state treasurer as provided by law;

 

(vii) Delegate such functions and duties vested in him toofficers and employees of the office of vital records services and to the localregistrars as he deems necessary or expedient;

 

(viii) Investigate all of the cases of irregularity or violationof this act and any regulations.

 

35-1-405. Registration districts.

 

Thestate registrar shall from time to time establish registration districtsthroughout the state. He may consolidate or subdivide such districts tofacilitate registration.

 

35-1-406. Appointment and removal of local registrars and deputy localregistrars.

 

 

(a) The state registrar shall appoint a local registrar and oneor more deputy local registrars of vital records for each registrationdistrict. He may remove a local registrar or deputy local registrar forreasonable cause.

 

(b) Each person so appointed shall be notified in writing,setting forth the area for which he is responsible for promoting andsupervising vital registration, and he shall inform the state registrar inwriting of his acceptance of the appointment.

 

35-1-407. Duties of local registrars.

 

 

(a) Each local registration official shall serve as an agent ofthe state registrar in his district and shall:

 

(i) Register only births, stillbirths and deaths that occur inhis district;

 

(ii) Examine certificates, record them in his register,numbering each in order of filing;

 

(iii) Issue burial and removal permits for properly filed deathcertificates;

 

(iv) Make prompt returns on or before the fifth day of eachmonth to the state registrar or report that no births or deaths occurred in hisdistrict;

 

(v) See that the provisions of this act are enforced in hisdistrict and that all births, stillbirths and deaths that occur are fullyregistered and make prompt report to the state registrar of any case of failureor neglect to file certificates;

 

(vi) In accordance with regulations issued hereunder, the deputylocal registrar shall perform the duties of the local registrar in the absenceor incapacity of such local registrar and shall perform such other duties asmay be prescribed by the state registrar.

 

35-1-408. Compensation of local registrars.

 

 

(a) Each local registrar shall be paid 50 cents ($.50) for eachcertificate of birth, death or stillbirth registered by him and promptlytransmitted to the state registrar. If no birth, death, or stillbirth isregistered by him during any calendar month, the local registrar shall reportthat fact to the state registrar and be paid the sum of 50 cents ($.50).

 

(b) The fee will be paid annually by the county commissionersupon the presentation of a proper claim approved by the state registrar.

 

(c) No compensation shall be paid under this section to anyfull-time employee of a state or local unit of government.

 

35-1-409. Form of certificates.

 

(a) In order to promote and maintain uniformity of the systemof vital statistics the forms of the certificates, reports and other returnsrequired by the act or by regulations adopted hereunder, shall include as aminimum the items recommended by the federal agency responsible for nationalvital statistics subject to approval of and modification by the department ofhealth. Social security numbers, if available, will be required on deathcertificates.

 

(b) Each certificate, report and form required to be filedunder this act shall have entered upon its face the date of registration dulyattested.

 

35-1-410. Birth registration.

 

(a) A certificate of birth for each live birth which occurs inthis state shall be filed with the local registrar of the district in which thebirth occurs within ten (10) days after such birth and shall be registered bythe registrar if it has been completed in accordance with this section. When abirth occurs on a moving conveyance a birth certificate shall be filed in thedistrict in which the child was first removed from the conveyance.

 

(b) When a birth occurs in an institution, or en route thereto,the person in charge of the institution or a designated representative shallobtain the personal data, prepare the certificate, secure the signaturesrequired by the certificate and file it with the local registrar. The person inattendance will certify to the facts of the birth and provide the medicalinformation required by the certificate within seven (7) days after birth. Ifthe attendant has not signed the certificate within seven (7) days of the dateof the birth, the person in charge of the institution or a designatedrepresentative shall complete and sign the certificate.

 

(c) When a birth occurs outside an institution, the certificateshall be prepared and filed by one (1) of the following in the indicated orderof priority:

 

(i) The physician in attendance at or immediately after thebirth, or in the absence of such a person;

 

(ii) Any other person in attendance at or immediately after thebirth; or

 

(iii) The father, the mother, or in the absence of the father andthe inability of the mother, the person in charge of the premises where thebirth occurred.

 

(d) For purposes of birth registration, unless a court ofcompetent jurisdiction orders otherwise at any time, the woman who gives birthto the child shall be deemed the mother.

 

35-1-411. Name of father on birth certificate.

 

(a) If the mother was married either at the time of conceptionor birth of child, or between conception and birth, the name of the husbandshall be entered on the certificate as the father of the child, unless:

 

(i) Paternity has been determined otherwise by a court ofcompetent jurisdiction; or

 

(ii) The husband signs an affidavit denying that he is thefather and the mother and the person to be named as the father sign an affidavitof paternity under this section. Affidavits may be joint or individual or acombination thereof, and each signature shall be individually notarized. Thename of the person signing the affidavit of paternity shall be entered as thefather on the certificate of birth.

 

(b) If the mother was not married either at the time ofconception or birth of child, or between conception and birth, the name of thefather shall not be entered on the certificate of birth without an affidavit ofpaternity signed by the mother and the person to be named as father, unless adetermination of the paternity has been made by a court of competentjurisdiction.

 

(c) In any case in which paternity of a child is determined bya court of competent jurisdiction, the name of the father and surname of thechild shall be entered on the certificate of birth in accordance with thefinding and order of the court.

 

(d) If the father is not named on the certificate of birth, noother information about the father shall be entered on the certificate.

 

35-1-412. Report required of person assuming custody of foundlings;information to be shown; report to constitute birth certificate; subsequentidentification and certificate.

 

 

(a) Whoever assumes the custody of a living child of unknownparentage shall report within seven (7) days on a form to be approved by thestate registrar, to the local registrar of the registration district in whichcustody is assumed, the following information:

 

(i) Date of finding or assumption of custody;

 

(ii) Place of finding or assumption of custody;

 

(iii) Sex;

 

(iv) Color or race;

 

(v) Approximate age;

 

(vi) Name and address of the person or institution with whom thechild has been placed for care, if any;

 

(vii) Name given to the child by the finder or custodian; and

 

(viii) Other data required by the state registrar.

 

(b) The place where the child was found, or custody has beenassumed shall be known as the place of birth, and the date of birth shall bedetermined by approximation. The foundling report shall constitute thecertificate of birth for such foundling child and the provisions of this actrelating to certificates of birth shall apply in the same manner and with thesame effect to such report. If a foundling child shall later be identified anda regular certificate of birth be found or obtained, any report registeredunder this section shall be sealed and placed in a special file and may beopened only upon order of a court of competent jurisdiction or as provided byregulation.

 

35-1-413. Delayed registration of births.

 

 

(a) When the birth of a person born in this state has not beenregistered, a certificate may be filed in accordance with the regulations ofvital records services. The certificate shall be registered subject to suchevidentiary requirements as vital records services shall prescribe tosubstantiate the alleged facts of birth. Certificates of birth registered one(1) year or more after the date of occurrence shall be marked"Delayed" and show on their face the date of the delayedregistration. A summary statement of the evidence submitted in support of thedelayed registration shall be endorsed on the certificate. Evidence affectingdelayed certificates should be microfilmed and then returned to the registrant.

 

(b) When an applicant does not submit the minimum documentsrequired in the regulations for delayed registration, or when the stateregistrar of vital records finds reason to question the validity or adequacy ofthe documentary evidence, the state registrar of vital records shall notregister the delayed certificate and shall advise the applicant of the reasonsfor this action. Applications for delayed certificates which have not beencompleted within one (1) year from the


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter1

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - IN GENERAL

 

35-1-101. Local contributions; disposition.

 

Allmonies paid to the state treasurer representing contributions by city councils,county commissioners, trustees of school districts, or other public agencies,for public health purposes, shall be set up and designated on the books of the statetreasurer in a separate account, and shall be expended and disbursed uponwarrants drawn by the state auditor against said account when the voucherstherefor have been approved by the department of health.

 

35-1-102. Sanitation of public institutions.

 

Itshall be the duty of the officers, managers, superintendents, proprietors andlessees of all hospitals, asylums, infirmaries, prisons, jails, schools,theaters, public places and public institutions to remedy any and all defectsrelating to the unsanitary condition of such institution, or institutions, asmay be under their control, when such defects shall have been called to theirattention in writing by the department of health.

 

35-1-103. Neglect or failure of officials to perform duty.

 

Anymember of the department of health, any county health officer, or any officer,superintendent, or principal of any city, town, county or institution named inthis act, who shall fail or neglect to perform any of the duties hereinrequired of them, shall be guilty of a misdemeanor and upon conviction thereofshall be fined in the sum of not less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000.00), or shall be confined in the countyjail for a period of not less than six (6) months, nor more than a year, orboth.

 

35-1-104. Applicability of provisions; exceptions.

 

Thisact shall not apply to publications, advertisements or notices of the UnitedStates government, the state of Wyoming or of any city in the state of Wyoming.

 

35-1-105. Prohibited acts; penalty for violations.

 

 

(a) Any person, corporation or other organization and eachrepresentative thereof, who:

 

(i) Shall wilfully violate, disobey or disregard the provisionsof the public health laws of Wyoming or the terms of any lawful notice, order,rule or regulation issued pursuant thereto; or

 

(ii) Repealed by Laws 1982, ch. 75, 5.

 

(iii) Being a person charged by law or rule of the department ofhealth with the duty of reporting the existence of disease or other facts andstatistics relating to the public health, shall fail to make or file suchreports as required by law or requirement of the department; or who,

 

(iv) Conducting a business or activity over which the departmentshall possess the power of certification and regulations, and who shall berequired to have a certificate or permit therefor, shall conduct such businessor activity without such a certificate or permit; or

 

(v) Shall wilfully and falsely make or alter any certificate orcertified copy thereof issued pursuant to public health laws of Wyoming; or

 

(vi) Shall knowingly transport or accept for transportation,interment or other disposition a dead human body without an accompanying permitissued in accordance with the public health laws of Wyoming or the rules of thedepartment; or who,

 

(vii) Being the owner or occupant of private property upon whichthere shall exist a nuisance, source of filth or cause of sickness, shallwilfully fail to remove the same at his own expense within forty-eight (48)hours after being ordered to do so by health authorities.

 

(b) Upon conviction, shall be fined not to exceed one hundreddollars ($100.00) or imprisonment not to exceed six (6) months, or shall beboth so fined and imprisoned, and in addition to such fine and imprisonmentshall be liable for all expense incurred by health authorities in removing anysuch nuisance, source of filth, or cause of sickness. No conviction under thepenalty provisions of this act or of any other public health laws shall relieveany person from an action in damages for injury resulting from violation ofpublic health laws.

 

35-1-106. Penalty for violations.

 

Anyperson who shall violate any of the provisions of this act, or any lawful ruleor regulation made by the state department of health pursuant to the authorityherein granted, or who shall fail or refuse to obey any lawful order issued byany state, county or municipal health officer pursuant to the authority grantedin this act shall be deemed guilty of misdemeanor, and shall be punished exceptas otherwise provided therein by a fine of not more than one thousand dollars($1,000.00), or by imprisonment for not more than one (1) year or by both suchfine and imprisonment.

 

ARTICLE 2 - DEPARTMENT OF HEALTH

 

35-1-201. Exceptions with reference to religion.

 

Except as provided in W.S. 35-4-113, withrespect to all persons who, either on behalf of themselves or their minorchildren or wards, rely in good faith upon spiritual means or prayer in thefree exercise of religion to prevent or cure disease, nothing in this act shallhave the effect of requiring or giving any health officer or other person theright to compel any such person, minor child or ward, to go or be confined in ahospital, or other medical institution unless no other place for quarantine ofsuch person, minor child, or ward can be secured, nor to compel any suchperson, child, or ward to submit to any medical treatment.

 

35-1-220. Legal advisers; provisions as to enforcement.

 

Theattorney general of Wyoming shall be legal adviser for the department of healthand shall defend it in all action and proceedings brought against it. Thedistrict attorney for the county in which a cause of action may arise, shallbring any action requested by the department to abate a condition which existsin violation of, or to restrain or enforce any action which is in violation of,or to prosecute for the violation of, or for the enforcement of, the publichealth laws of Wyoming. If he fails to so act, the department may bring anysuch action and shall be represented by the attorney general or by specialcounsel.

 

35-1-221. Judicial review of decisions.

 

 

(a) Any person aggrieved and affected by a decision of thedepartment of health shall be entitled to judicial review thereof, by filing inthe district court of the Wyoming county of his residence, within thirty (30)days after such decision, an appropriate action requesting such review. Thecourt may make any interested person a party to the action. The review shall beconducted by the court without a jury and shall be confined to the department'srecord, if a complete record is so presented, except that in cases of allegedirregularities in the record or in the procedure before the department,testimony may be taken in and by the court, which may affirm the department'sdecision or may reserve or modify it if the substantial rights of the appellanthave been prejudiced as a result of the findings and decisions of thedepartment because:

 

(i) Contrary to or affecting constitutional rights orprivileges; or

 

(ii) In excess of statutory authority or jurisdiction of thedepartment, or resulting from other error or law; or

 

(iii) Made or promulgated upon unlawful procedure; or

 

(iv) Unsupported by substantial evidence in view of the entirerecord as submitted; or

 

(v) Arbitrary or capricious.

 

(b) Any party may have a review of the final judgment ordecision of the district court by appeal to the supreme court of Wyoming.

 

35-1-222. Sanitary information generally.

 

Thedepartment of health shall cause all proper sanitary information in itspossession to be promptly forwarded to the county health officers, addingthereto such useful suggestions as the experience of the department may supply,and it is also hereby made the duty of said county health officers to supplythe like information and suggestions to the department of health, and thedepartment of health is authorized to require reports and information at suchtimes of such facts and of such nature and extent relating to the safety oflife and promotion of health as its bylaws or rules may provide; from allpublic or private dispensaries, hospitals, asylums, infirmaries, prisons,schools, and from managers, principals, and officers thereof, and from allother public institutions, their officers, managers and from the proprietors,managers, lessees, and occupants of all places of public resort in the state,but such reports and information shall only be required concerning matters orparticulars in respect to which they may in their opinion need information forthe proper discharge of their duties. The department shall, when requested bypublic authorities, or when they may deem it best advise the officers of thestate, counties, cities, or towns or local governments in regard to sanitarydrainage and the location, drainage, ventilation and sanitary provisions of anypublic institution, building or public place.

 

35-1-223. Cooperation to prevent spread of contagious diseases; reportof epidemics or diseases required from local health officials.

 

Thedepartment of health shall give all information that may be reasonablyrequested concerning any threatened danger to the public health, and the localhealth officers and all the state, county, city and town officers in the stateshall give the like information to the state health officer, and the departmentand said state, county, city and town officers, insofar as legal andpracticable, shall cooperate to prevent the spread of diseases, and for theprotection of life and the promotion of health within the sphere of theirrespective duties. When in any county, an epidemic or contagious or infectiousdisease including venereal diseases, is known to exist, it shall be the duty ofthe county health officer of such county to immediately notify the state healthofficer of the existence of the same, with such facts as to its cause andcontinuance as may then be known.

 

35-1-224. Inspection of public buildings and grounds or plans ordescription thereof.

 

Itis hereby made the duty of all boards and agents having the control, charge orcustody of any public structure, work, ground or erection, or of any plan,description, outlines, drawings thereof, or relating thereto, made, kept orcontrolled by any public authority, to promote and facilitate the examinationand inspection and the making of copies of the same by any officer or person bythe department of health authorized; and the members of the department may,without fee or hindrance enter, examine and survey all such grounds, erection,structures, buildings and places.

 

35-1-225. Inspection of water supply; duties as to streets and publicstructures generally.

 

Thedepartment of health is authorized and empowered to investigate and ascertainas far as possible, in relation to the pollution of streams and natural watersof this state by artificial causes, or of all waterworks, and water systemsbelonging to any city or town, sanitary district, corporation, company orindividual, in this state and supplying water for public consumption, which intheir judgment may be necessary to determine the sanitary and economic effectsof such pollution, and to enter in and upon the grounds, buildings andpremises, waterworks, reservoirs, pipelines, pump houses and everythingconnected with the collection and distribution of water to the inhabitants ofany city or town, to make, institute, and conduct needful experimentspertaining thereto, and shall have power to summon witnesses, administer oaths,and hear evidence relating to such matters, and to make full report to thecity, town or sanitary district authorities and also to the proper officers ofany privately owned water utility when included in such investigations, oftheir operations and investigations in writing; and it shall be the duty of allsuch officers when notified of any unsanitary conditions of streets, alleys,sidewalks, waterworks, or other public ways, structures or improvements undertheir control, to at once take steps to repair, cleanse, abate or destroy thesame.

 

35-1-226. Power of department in cities and towns.

 

Itshall be the duty of the state department of health, upon petition of at leasttwenty (20) taxpayers in any community, to send a competent representative toany incorporated city or town in this state for the purpose of inspecting andthoroughly investigating the sanitary condition of such city or town and thedepartment shall have the power and it shall be the duty of the department tocondemn, in any such city or town, any buildings, sewers, water connections, orother things, that in their judgment are in such condition as is likely toproduce or cause the spread of epidemic diseases. And the department shall givenotice to the mayor and council of such city or town to repair, remove, cleanseor remedy such defect or defects, within ten (10) days, and if the same shallnot be done within the time specified in said notice, as directed by thedepartment of health, it shall be the duty of the department to have same done;and the department is authorized to employ sufficient labor and furnish allnecessary materials for the performance of such work, and it shall be the dutyof the department, upon the completion of such work, to issue certificates tothe person or persons performing such work and furnishing material therefor,and to file a report of the expense incurred in the performance of such workwith the clerk of said city or town; and it shall be the duty of the council ofsuch city or town where such work has been performed, to issue warrant orwarrants to the proper parties for the payment of all such expense. Saidwarrant or warrants to be paid by the treasurer of such city or town as otherwarrants are paid.

 

35-1-227. Supervision of county health officers.

 

Thecounty health officers of this state shall be under the direction andsupervision of the state department of health, and the state department ofhealth shall have authority to make such rules and regulations for thegovernment and direction of said county health officers as in their judgment maybe best suited to maintain the public health.

 

35-1-228. Repealed by Laws 1991, ch. 221, 3.

 

 

35-1-229. Rules and regulations.

 

 

(a) The state department of health is hereby empowered anddirected to make such rules and regulations as shall in its judgment benecessary for the carrying out of the provisions of this act, including rulesand regulations providing for the control and treatment of persons isolated orquarantined under the provisions of W.S. 35-4-133 and 35-4-134, and such otherrules and regulations not in conflict with provisions of this act concerningthe control of venereal diseases and concerning the care, treatment andquarantine of persons infected therewith as it may from time to time deemadvisable. All such regulations so made shall be of force and binding upon allcounty and municipal health officers and other persons affected by this act andshall have the force and effect of law; provided, further, that the expenseincident to the quarantine and treatment of venereally infected persons inprisons shall be borne by the county in which the person or persons areimprisoned, excepting inmates of state institutions which shall be borne by thestate, when evidenced by proper vouchers and receipts approved by thedepartment of health.

 

(b) The department of health may promulgate rules andregulations to set standards for the chemical, bacteriological, physical orradiological content of a small water supply and shall be applicable only whena legal interest in real property to which the small water supply isappurtenant is conveyed from one (1) party to another or when a conveyance isreasonably anticipated and when such standards are required by a lender. Asused in this subsection, "small water supply" means any water supplywith not more than nine (9) service connections, which is currently used forhuman consumption or for which plans exist for its future use for humanconsumption. The cost of any testing to determine the chemical,bacteriological, physical or radiological content of a small water supply shallbe borne by the parties.

 

35-1-240. Powers and duties.

 

(a) The department of health, through the state health officer,or under his direction and supervision, through the other employees of thedepartment, shall have and exercise the following powers and duties:

 

(i) To exercise in Wyoming, all the rights and powers andperform all duties hereunder;

 

(ii) To investigate and control the causes of epidemic, endemic,communicable, occupational and other diseases and afflictions, and physicaldisabilities resulting therefrom, affecting the public health;

 

(iii) To establish, maintain and enforce isolation andquarantine, and in pursuance thereof, and for such purpose only, to exercisesuch physical control over property and over the persons of the people withinthis state as the state health officer may find necessary for the protection ofthe public health;

 

(iv) To close theaters, schools and other public places, and toforbid gatherings of people when necessary to protect the public health;

 

(v) To abate nuisances when necessary for the protection of thepublic health;

 

(vi) To enforce such sanitary standards for the protection ofpublic health as to the quality of water supplied to the public and as to thequality of the effluent of sewerage systems and trade wastes discharged uponthe land or into the surface or ground waters of the state, as are or may beestablished by law, and to advise with municipalities, utilities, institutions,organizations and individuals, concerning the methods or processes believed byhim best suited to provide the protection or purification of water and thetreatment of sewage and trade wastes to meet such minimum standards;

 

(vii) To collect, compile, and tabulate reports of marriages,divorces and annulments, births, deaths and morbidity, and to require anyperson having information with regard to the same to make such reports;

 

(viii) To regulate the disposal, transportation, interment anddisinterment of the dead;

 

(ix) To establish, maintain and approve chemical,bacteriological and biological laboratories and to conduct or require suchlaboratory investigations and examinations as it may deem necessary or properfor the protection of the public health;

 

(x) To make, approve, and require standard diagnostic tests andto prepare, distribute and require the completion of forms of certificates withrespect thereto;

 

(xi) To purchase and to distribute to licensed physicians, withor without charge, as the department may determine, or to administer suchvaccines, serums, toxoids and other approved biological or therapeutic productsas may be necessary for the protection of the public health;

 

(xii) To exercise sanitary control over the use of water employedin the irrigation of vegetables or other edible crops intended for humanconsumption, and to exercise sanitary control over the use of fertilizerderived from excreta of human beings or from the sludge of sewage disposalplants. The state health officer shall have authority to impound any and allvegetables and other edible crops and meat and animal products intended forhuman consumption which have been grown or produced in violation of the orders,rules and regulations of the department, and upon five (5) days notice and afteraffording reasonable opportunity for a hearing, to the interested partiesbefore the state health officer or his designee, to condemn and destroy thesame if it deems such necessary for the protection of the public health;

 

(xiii) To certify, inspect and exercise sanitary control overhospitals, sanitoriums, convalescent homes, maternity homes, asylums, and othersimilar institutions;

 

(xiv) To establish standards and make sanitary, sewerage andhealth inspections for charitable, penal and other state and countyinstitutions;

 

(xv) To enforce current sanitary standards, or those that may beestablished by law, for the operation and maintenance of lodging houses,hotels, public conveyances and stations, schools, factories, workshops,industrial and labor camps, recreational resorts and camps, and otherbuildings, centers and places used for public gatherings;

 

(xvi) To establish and enforce sanitary standards for theoperation of toilet facilities in all garages, filling stations and otherplaces of business which maintain such facilities for the convenience of theirpatrons;

 

(xvii) To disseminate public health information;

 

(xviii) To exercise all the rights and powers and perform all theduties vested in or imposed by law upon the state department of health, itsofficers and employees, as constituted before this act, becomes effective; tohold hearings, administer oaths, subpoena witnesses and take testimony in allmatters relating to the exercise and performances of the powers and duties vestedin or imposed upon the department;

 

(xix) To advise the director of the department about publichealth issues, programs and policies for the state;

 

(xx) To operate a public health nursing program which mayinclude, but is not limited to, provision of immunizations, evaluation of theneed of individuals for nursing home admission or services and the operation ofan infant public health nurse home visitation subprogram. The public healthnursing program may, where and to the extent appropriate, be administeredthrough or in conjunction with county, municipal or district healthdepartments;

 

(xxi) During a public health emergency as defined by W.S.35-4-115(a)(i), the state health officer may prescribe pharmaceutical ortherapeutic interventions en masse as necessary to protect the public health;

 

(xxii) Administer the Wyoming physician recruitment grant programprovided in W.S. 35-1-1101.

 

(b) In carrying out duties prescribed under paragraphs (a)(ii)and (vii) of this section, the department shall:

 

(i) Develop and require the uniform registration and reportingof medical information by hospitals, physicians and other health care providersas necessary to establish the Wyoming central tumor registry in accordance withthe American college of surgeons guidelines;

 

(ii) By rule and regulation establish registration fees forhospitals, physicians or other health care providers required to registermedical information with the registry under paragraph (b)(i) of this section inan amount to ensure that, to the extent practicable, the total revenuegenerated from the fees collected approximates but does not exceed the directand indirect costs of administering and operating the registry. Fees collectedunder this paragraph shall be deposited in the general fund.

 

35-1-241. Safe disposal of corpses in emergency circumstances.

 

(a) The state health officer in consultation with theappropriate county coroner, during the period that a public health emergencyexists, may:

 

(i) Adopt and enforce measures to provide for the safe disposalof corpses as may be reasonable and necessary for emergency response. Thesemeasures may include the embalming, burial, cremation, interment, disinterment,transportation and disposal of corpses;

 

(ii) Take possession or control of any corpse;

 

(iii) Order the disposal of any corpse of a person who has diedof an infectious disease through burial or cremation within twenty-four (24)hours after death;

 

(iv) Compel any person authorized to embalm, bury, cremate,inter, disinter, transport or dispose of corpses to accept any corpse orprovide the use of his business or facility if the actions are reasonable andnecessary for emergency response. The use of a business or facility mayinclude transferring the management and supervision of the business or facilityto the state health officer and granting the right for the state health officerto take immediate possession for a limited or unlimited period of time, butshall not exceed beyond the termination of the public health emergency.

 

(b) Every corpse prior to disposal pursuant to subsection (a)of this section shall be clearly labeled with all available information toidentify the decedent and the circumstances of death. Any corpse of a deceasedperson with an infectious disease shall have an external, clearly visible tagindicating that the corpse is infected and, if known, the infectious disease.

 

(c) Every person in charge of disposing of any corpse pursuantto subsection (a) of this section shall maintain a written record of eachcorpse and all available information to identify the decedent and thecircumstances of death and disposal. If a corpse cannot be identified, priorto disposal a qualified person shall, to the extent possible, take fingerprintsand one (1) or more photographs of the corpse, and collect a DNA specimen. Allinformation collected under this subsection shall be promptly forwarded to thestate health official.

 

(d) As used in this section "public health emergency"means as defined by W.S. 35-4-115(a)(i).

 

ARTICLE 3 - COUNTY, MUNICIPAL AND DISTRICT HEALTH DEPARTMENTS

 

35-1-301. Definitions; establishment; participation by municipality indistrict department.

 

 

(a) For the purposes of this act, the word"municipality" shall mean and include any town, village or city ofthis state, and the word "district" shall mean and include anycombination of said towns, villages, cities and counties of this state.

 

(b) Any county, municipality, or district may, by resolution ofthe board of county commissioners or municipal governing body or by a majorityof the votes cast by the qualified electors of such county, municipality, ordistrict, establish and maintain a county, municipal, or district healthdepartment.

 

(c) Any two (2) or more adjacent counties may, by resolutionsof the boards of county commissioners or by a majority of the votes cast by thequalified electors establish and maintain a district health department.

 

(d) Any municipality within a health department district may,by resolution of the municipal governing body or by a majority of the votescast by the qualified electors of such municipality, participate in such adistrict health department.

 

35-1-302. Organization of units.

 

 

(a) Within thirty (30) days after the adoption of a resolutionor resolutions to establish and maintain a county and/or city or districthealth department, the board or boards of county commissioners and/or citygoverning body, as the case may be, shall proceed to organize such a departmentby the appointment of a county and/or city or district board of health,hereinafter referred to as the board.

 

(b) Each county and/or city board of health shall consist offive (5) members, all of whom shall be qualified electors of the county inwhich they serve, and one (1) shall have the degree of doctor of medicine andone (1) shall have the degree of doctor of dental surgery when available insaid county. One (1) member of the board to be appointed for one (1) year; one(1) for two (2) years; one (1) for three (3) years, one (1) for four (4) years;and one (1) for five (5) years. Thereafter appointments for full term shall befor five (5) years. Vacancies for unexpired terms shall be filled byappointment by the board of county commissioners and/or city governing body.

 

(c) The number of members on the district board shall be atleast equal to the number of participating political subdivisions; eachparticipating political subdivision shall have at least one (1) representativeon the board; the board shall not have less than seven (7) members; at leastone (1) member of the board shall have the degree of doctor of medicine and atleast one (1) member shall have the degree of doctor of dental surgery. For theoriginal board, one (1) member shall be appointed for a term of one (1) year,two (2) for a term of two (2) years, two (2) for three (3) years, two (2) forfour (4) years. Thereafter, each appointment shall be for a term of four (4)years. The district board of health shall be appointed by a committee composedof one (1) member of each of the boards of county commissioners of the countiescomprising the district.

 

(d) Meetings of the board shall be held quarterly at such placeas is designated by the board and at such other time as may be desirable uponcall by the county and/or city or district health officer. Members of the boardshall serve without compensation, but shall be entitled to payment for traveland other necessary expense incurred while attending meetings of the board.

 

35-1-303. Rules and regulations; jurisdiction.

 

 

(a) County and/or city and district boards of health may enactrules and regulations pertaining to the prevention of disease and the promotionof public health in the area over which such respective boards havejurisdiction. But in no instance shall such rules and regulations be lesseffective than, or in conflict with, rules and regulations promulgated by thestate department of health. The district and/or city health officers shall haveall powers vested by law in county health officers.

 

(b) The jurisdiction of the county and/or city or districthealth department shall extend over all unincorporated areas and over allmunicipalities within the territorial limits of the county or countiescomprising the district except municipalities of Class I may maintain their ownhealth departments. However, any municipalities of Class I may merge its healthservices with that of the county or district in which such city is located.

 

35-1-304. Treasurer designated; fund to be created; composition anduse of fund; preparation and submission of budget; tax levy authorized.

 

(a) In the case of a county and/or city health department, thecounty and/or city treasurer, as a part of his official duties as county and/orcity treasurer, shall serve as treasurer of the department, and his officialbond as county and/or city treasurer shall extend to and cover his duties astreasurer of the department. In the case of a district health department, thecounty treasurer of the county in the district having the largest population,as a part of his official duties as county treasurer, shall serve as treasurerof the district department and his official bond as county treasurer shallextend to and cover his duties as treasurer of the department.

 

(b) The treasurer of a county and/or city or district healthdepartment shall, upon organization of the department, create a county and/orcity or district health department fund to which shall be credited:

 

(i) Any moneys that may be appropriated from the general countyfund or funds;

 

(ii) Any moneys received from state, federal or other grants ordonations for local health purposes;

 

(iii) Any moneys received from mill levies authorized by thisact.

 

(c) Any moneys credited to said fund shall be expended only formaintenance and operation of the department and claims or demands against saidfund shall be allowed upon certification by the health officer or a designatedmember of the board of health.

 

(d) A county and/or city board of health shall, annually beforeApril 1st of each year, estimate the total cost of maintaining the departmentfor the ensuing fiscal year, and the amount of moneys that may be availablefrom unexpended surpluses or from state or federal grants or other grants ordonations. The estimates shall be submitted in the form of a budget to theboard of county commissioners and/or city governing body and the board shallprovide any moneys necessary over estimated moneys from surpluses, grants anddonations to cover the total cost of maintaining the department for the ensuingfiscal year. If the city has chosen to have a biennial budget pursuant to W.S.16-4-104(h), then the city board of health shall submit their budget to thecity on April 1 of every other year in accordance with the city budget.

 

(e) A district board of health shall, annually before April 1stof each year, estimate the total cost of maintaining and operating thedepartment for the ensuing fiscal year and the amount of monies that may beavailable from unexpended surpluses or from state or federal grants or othergrants or donations. The estimates shall be submitted in the form of a budgetto a committee composed of the chairmen of the boards of county commissionersand/or city governing body of all counties and/or cities comprising the district.The cost of maintaining and operating the department, over estimated moniesfrom surpluses, grants or donations, shall be apportioned by the committeeamong the counties comprising the district on a basis of population of eachparticipating county in proportion to the total population of all countiescomprising the district. The boards of county commissioners of the respectivecounties shall provide any monies necessary to cover the proportionate share oftheir county. If the cities in the district have chosen to have a biennialbudget pursuant to W.S. 16-4-104(h), then the district board of health shallsubmit their budget to the cities on April 1 of every other year in accordancewith the cities' budget. If all the cities in the district are not on the samebudget schedule, the district shall still submit a biennial budget. However,for those cities who budget annually, they shall appropriate an annual amount.

 

(f) A tax levy may be made by the board of county commissionersspecifically for the public health purposes on assessed valuation.

 

35-1-305. Appointment of health officers and other personnelgenerally; local board of health may fix fees for certain services.

 

(a) In the counties, municipalities or districts where healthdepartments are created, as provided herein, the local board of health mayappoint a full time or part time health officer, deputy health officers, publichealth nurses, sanitarians, environmental health specialists and such otherpublic health personnel as may be deemed necessary to adequately protect thepublic health. Subject to subsection (c) of this section, the local board ofhealth may fix reasonable fees and charges for services, except for follow-upof communicable diseases and for individuals who receive services under thepublic health nursing infant home visitation subprogram created by W.S.35-27-102. No person shall be denied necessary nursing services within thelimits of available personnel because of an inability to pay the cost of suchservices.

 

(i) Repealed By Laws 2001, Ch. 127, 2.

 

(ii) Repealed By Laws 2001, Ch. 127, 2.

 

(iii) Repealed By Laws 2001, Ch. 127, 2.

 

(iv) Repealed By Laws 2001, Ch. 127, 2.

 

(v) Repealed By Laws 2001, Ch. 127, 2.

 

(b) All moneys collected hereunder shall be paid directly tothe city or county treasurer and placed in the corresponding health departmentfund.

 

(c) Prior to the establishment of any fee under this section,the local board of health, the city council or the board of countycommissioners, as appropriate, shall hold a public hearing after providingforty-five (45) days written notice of the hearing. No fee shall be imposed bythe local board of health under this section without the prior approval of thecity council or the board of county commissioners, as appropriate. No feeestablished under this section shall exceed five hundred dollars ($500.00).

 

35-1-306. Appointment of health officer and other personnel wheredepartments not established; fees and charges for services; payment.

 

(a) In counties or municipalities where such departments arenot established the boards of county commissioners or municipal governing bodyshall appoint the county or municipal health officer and other necessarypersonnel. The governing body of any combination of municipalities, counties,or municipalities and counties where such departments are not established mayform a health district and appoint a district health officer thereof. The termof office for the county, municipal, or district health officer shall be four(4) years unless sooner removed by the board of county commissioners,municipal, or district governing body. He shall have a degree of doctor ofmedicine, and shall assist the state department of health in carrying out theprovisions of all health and sanitary laws and regulations of the state.

 

(b) Each part-time county, municipal, or district healthofficer shall receive a minimum compensation of not less than twenty-fivedollars ($25.00) per month and necessary travel expenses incurred while engagedin the duties of his office.

 

(c) There is hereby authorized to be appointed by the boards ofcounty commissioners, municipal, or district governing bodies so desiring, adeputy health officer, public health nurses, sanitarians, and such other publichealth personnel as may be deemed necessary to adequately protect the publichealth to serve under the county, municipal or district health officer. Suchdeputy health officer shall have the same authority in his area as the healthofficer and shall be compensated at a maximum rate of two-thirds the salarypaid to the health officer of the county, municipality or district.

 

(d) Each public health nurse, sanitarian, and such otherprofessional public health personnel appointed under the provisions of this actshall meet the position specifications established by the state merit rule forsuch positions. Boards of county commissioners, municipal, or districtgoverning bodies are authorized and empowered to make appropriations for thecompensation and necessary expenses for such public health personnel from suchunencumbered funds as may be available. Said boards shall have the power to setall salaries for all personnel.

 

(e) Boards of county commissioners, municipal or districtgoverning bodies may fix reasonable fees and charges for services, except forfollow-up of communicable diseases and for individuals who receive servicesunder the public health nursing infant home visitation subprogram created byW.S. 35-27-102. No person shall be denied necessary nursing services within thelimits of available personnel because of an inability to pay the cost of suchservices.

 

(i) Repealed By Laws 2001, Ch. 127, 2.

 

(ii) Repealed By Laws 2001, Ch. 127, 2.

 

(iii) Repealed By Laws 2001, Ch. 127, 2.

 

(iv) Repealed By Laws 2001, Ch. 127, 2.

 

(v) Repealed By Laws 2001, Ch. 127, 2.

 

(f) Payment, in whole or in part for such services may beaccepted from any person. Payment of any charges due may be accepted from alocal county, state or federal public assistance agency or any combinationthereof; or from any individual, governmental agency, or corporation, public orprivate, when such services are provided any person, including but not limitedto a recipient of any type of social security aids administered by the federalor state governments, or a recipient of direct relief.

 

(g) All monies collected or appropriated hereunder shall bepaid directly to the treasurer of the county, municipality or district, as thecase may be, for credit to a county, municipal, or district health fund in themanner provided in W.S. 35-1-304, for county, municipal, and district healthdepartments. Any monies credited to said fund shall be expended only for thecompensation and necessary expenses for such public health personnel and claimsor demand against said fund shall be allowed upon certification by the healthofficer or a designated member of the governing board.

 

35-1-307. Purpose of health units.

 

Theestablishment of full-time local health units is for public health andpreventive medical purposes for the people of the state of Wyoming.

 

35-1-308. Dissolution and discontinuance.

 

Anycounty and/or city or district health department may be dissolved anddiscontinued by resolution of the board of county commissioners and/or city governingbody of a county and/or city maintaining a county and/or city healthdepartment, or by resolutions of the boards of county commissioners and/or citygoverning board of the counties and/or cities maintaining a district healthdepartment; provided, however, that no department shall be dissolved within thetwo (2) year period following the date of its establishment. Within ninety (90)days after the passage of a resolution or resolutions dissolving a department,the county and/or city or district board of health shall proceed to terminatethe affairs of the department. After payment of all obligations, any moneysremaining in a county and/or city health department fund shall be credited tothe general fund of the county and/or city, and any moneys remaining in adistrict health department fund shall be apportioned among the countiescomprising the district in the same manner as the cost of maintaining thedepartment was apportioned among the counties, and credited to their respectivegeneral funds. All other property of the county and/or city or district healthdepartment shall be disposed of as may be agreed upon by the county and/or cityor district board of health.

 

35-1-309. Adjacent county without department becoming part of healthdistrict by agreement.

 

 

(a) Generally. - Any county adjacent to a district maintaininga district health department may become a part of such district by agreementbetween its board of county commissioners and the boards of countycommissioners of the counties comprising the district. Any such county uponbeing accepted into the district, shall thereupon become subject to all theprovisions of this act as though it were originally a part of the district.

 

(b) Withdrawing from districts. - Any county in a district maywithdraw from the district by resolution of its board of county commissioners;provided, however, that no county may withdraw from a district within the two(2) year period following the establishment of the district or the county'sbecoming a part of the district, and then only after ninety (90) days writtennotice given to the department. In the event of withdrawal of a county from adistrict, any funds which had been appropriated by the county beforewithdrawal, to cover its proportionate share of maintaining the district, shallnot be returned to the county withdrawing.

 

ARTICLE 4 - VITAL RECORDS

 

35-1-401. Definitions.

 

(a) As used in this act:

 

(i) "Vital records" means records of birth, death,stillbirth, marriage, divorce and data relating thereto;

 

(ii) "System of vital records" includes theregistration, collection, preservation, amendment, and certification of vitalrecords and activities related thereto including the tabulation, analysis, andpublication of statistical data derived from such records;

 

(iii) "Filing" means the presentation of a certificate,report, or other record of a birth, death, stillbirth, adoption, marriage, ordivorce, for registration by vital records services;

 

(iv) "Registration" means the acceptance by vitalrecords services and the incorporation in its official records of certificates,reports or other records of births, deaths, stillbirths, adoption, marriages,and divorces;

 

(v) "Live birth" means the complete expulsion orextraction from its mother of a fetus, which after such expulsion orextraction, breathes or shows any other evidence of life such as beating of theheart, pulsation of the umbilical cord, or definite movement of voluntarymuscles, whether or not the umbilical cord has been cut or the placenta isattached;

 

(vi) "Stillbirth" means a birth after twenty (20)completed weeks gestation in which the child shows no evidence of life aftercomplete birth;

 

(vii) "Dead body" means a lifeless human body, or suchsevered parts of the human body, or the bones thereof, from the state of whichit reasonably may be concluded that death occurred;

 

(viii) "Final disposition" means the burial, interment,cremation, or other disposition of a dead body or stillbirth;

 

(ix) "Person in charge of interment" means any personwho places or causes to be placed a deceased, stillbirth, or dead body, orafter cremation the ashes thereof, in the earth, a grave, tomb, vault, urn orother receptacle, either in a cemetery or at any other place, or otherwisedisposes of a body;

 

(x) "Physician" means a person authorized or licensedto practice medicine as provided in W.S. 33-26-101 through 33-26-601;

 

(xi) "Institution" means any establishment, public orprivate, which provides inpatient medical, surgical or diagnostic care ortreatment, or nursing, custodial or domiciliary care to two (2) or moreunrelated individuals, or to which persons are committed by law.

 

35-1-402. State office established.

 

Thedepartment of health shall establish a state office of vital records services,which shall install, maintain, and operate the system of vital recordsthroughout this state.

 

35-1-403. Appointment of state registrar.

 

Thedirector of the department of health shall be the state registrar. He shallappoint a deputy who shall carry out the provisions of this act.

 

35-1-404. Duties of state registrar.

 

 

(a) The state registrar shall:

 

(i) Make, promulgate and enforce all necessary rules andregulations for carrying out the purpose of this act;

 

(ii) Receive, index and statistically compile the returns ofbirths, deaths, stillbirths, marriages and divorces from the entire state;

 

(iii) Prescribe and distribute such forms as are required by thisact and the rules and regulations issued hereunder;

 

(iv) Direct, supervise and control the activities of localregistrars and the activities of other local officials related to the operationof the vital records system and provide them with necessary postage;

 

(v) Submit to the governor an annual report of theadministration of this act;

 

(vi) Keep a correct account of all fees received and turn thesame over to the state treasurer as provided by law;

 

(vii) Delegate such functions and duties vested in him toofficers and employees of the office of vital records services and to the localregistrars as he deems necessary or expedient;

 

(viii) Investigate all of the cases of irregularity or violationof this act and any regulations.

 

35-1-405. Registration districts.

 

Thestate registrar shall from time to time establish registration districtsthroughout the state. He may consolidate or subdivide such districts tofacilitate registration.

 

35-1-406. Appointment and removal of local registrars and deputy localregistrars.

 

 

(a) The state registrar shall appoint a local registrar and oneor more deputy local registrars of vital records for each registrationdistrict. He may remove a local registrar or deputy local registrar forreasonable cause.

 

(b) Each person so appointed shall be notified in writing,setting forth the area for which he is responsible for promoting andsupervising vital registration, and he shall inform the state registrar inwriting of his acceptance of the appointment.

 

35-1-407. Duties of local registrars.

 

 

(a) Each local registration official shall serve as an agent ofthe state registrar in his district and shall:

 

(i) Register only births, stillbirths and deaths that occur inhis district;

 

(ii) Examine certificates, record them in his register,numbering each in order of filing;

 

(iii) Issue burial and removal permits for properly filed deathcertificates;

 

(iv) Make prompt returns on or before the fifth day of eachmonth to the state registrar or report that no births or deaths occurred in hisdistrict;

 

(v) See that the provisions of this act are enforced in hisdistrict and that all births, stillbirths and deaths that occur are fullyregistered and make prompt report to the state registrar of any case of failureor neglect to file certificates;

 

(vi) In accordance with regulations issued hereunder, the deputylocal registrar shall perform the duties of the local registrar in the absenceor incapacity of such local registrar and shall perform such other duties asmay be prescribed by the state registrar.

 

35-1-408. Compensation of local registrars.

 

 

(a) Each local registrar shall be paid 50 cents ($.50) for eachcertificate of birth, death or stillbirth registered by him and promptlytransmitted to the state registrar. If no birth, death, or stillbirth isregistered by him during any calendar month, the local registrar shall reportthat fact to the state registrar and be paid the sum of 50 cents ($.50).

 

(b) The fee will be paid annually by the county commissionersupon the presentation of a proper claim approved by the state registrar.

 

(c) No compensation shall be paid under this section to anyfull-time employee of a state or local unit of government.

 

35-1-409. Form of certificates.

 

(a) In order to promote and maintain uniformity of the systemof vital statistics the forms of the certificates, reports and other returnsrequired by the act or by regulations adopted hereunder, shall include as aminimum the items recommended by the federal agency responsible for nationalvital statistics subject to approval of and modification by the department ofhealth. Social security numbers, if available, will be required on deathcertificates.

 

(b) Each certificate, report and form required to be filedunder this act shall have entered upon its face the date of registration dulyattested.

 

35-1-410. Birth registration.

 

(a) A certificate of birth for each live birth which occurs inthis state shall be filed with the local registrar of the district in which thebirth occurs within ten (10) days after such birth and shall be registered bythe registrar if it has been completed in accordance with this section. When abirth occurs on a moving conveyance a birth certificate shall be filed in thedistrict in which the child was first removed from the conveyance.

 

(b) When a birth occurs in an institution, or en route thereto,the person in charge of the institution or a designated representative shallobtain the personal data, prepare the certificate, secure the signaturesrequired by the certificate and file it with the local registrar. The person inattendance will certify to the facts of the birth and provide the medicalinformation required by the certificate within seven (7) days after birth. Ifthe attendant has not signed the certificate within seven (7) days of the dateof the birth, the person in charge of the institution or a designatedrepresentative shall complete and sign the certificate.

 

(c) When a birth occurs outside an institution, the certificateshall be prepared and filed by one (1) of the following in the indicated orderof priority:

 

(i) The physician in attendance at or immediately after thebirth, or in the absence of such a person;

 

(ii) Any other person in attendance at or immediately after thebirth; or

 

(iii) The father, the mother, or in the absence of the father andthe inability of the mother, the person in charge of the premises where thebirth occurred.

 

(d) For purposes of birth registration, unless a court ofcompetent jurisdiction orders otherwise at any time, the woman who gives birthto the child shall be deemed the mother.

 

35-1-411. Name of father on birth certificate.

 

(a) If the mother was married either at the time of conceptionor birth of child, or between conception and birth, the name of the husbandshall be entered on the certificate as the father of the child, unless:

 

(i) Paternity has been determined otherwise by a court ofcompetent jurisdiction; or

 

(ii) The husband signs an affidavit denying that he is thefather and the mother and the person to be named as the father sign an affidavitof paternity under this section. Affidavits may be joint or individual or acombination thereof, and each signature shall be individually notarized. Thename of the person signing the affidavit of paternity shall be entered as thefather on the certificate of birth.

 

(b) If the mother was not married either at the time ofconception or birth of child, or between conception and birth, the name of thefather shall not be entered on the certificate of birth without an affidavit ofpaternity signed by the mother and the person to be named as father, unless adetermination of the paternity has been made by a court of competentjurisdiction.

 

(c) In any case in which paternity of a child is determined bya court of competent jurisdiction, the name of the father and surname of thechild shall be entered on the certificate of birth in accordance with thefinding and order of the court.

 

(d) If the father is not named on the certificate of birth, noother information about the father shall be entered on the certificate.

 

35-1-412. Report required of person assuming custody of foundlings;information to be shown; report to constitute birth certificate; subsequentidentification and certificate.

 

 

(a) Whoever assumes the custody of a living child of unknownparentage shall report within seven (7) days on a form to be approved by thestate registrar, to the local registrar of the registration district in whichcustody is assumed, the following information:

 

(i) Date of finding or assumption of custody;

 

(ii) Place of finding or assumption of custody;

 

(iii) Sex;

 

(iv) Color or race;

 

(v) Approximate age;

 

(vi) Name and address of the person or institution with whom thechild has been placed for care, if any;

 

(vii) Name given to the child by the finder or custodian; and

 

(viii) Other data required by the state registrar.

 

(b) The place where the child was found, or custody has beenassumed shall be known as the place of birth, and the date of birth shall bedetermined by approximation. The foundling report shall constitute thecertificate of birth for such foundling child and the provisions of this actrelating to certificates of birth shall apply in the same manner and with thesame effect to such report. If a foundling child shall later be identified anda regular certificate of birth be found or obtained, any report registeredunder this section shall be sealed and placed in a special file and may beopened only upon order of a court of competent jurisdiction or as provided byregulation.

 

35-1-413. Delayed registration of births.

 

 

(a) When the birth of a person born in this state has not beenregistered, a certificate may be filed in accordance with the regulations ofvital records services. The certificate shall be registered subject to suchevidentiary requirements as vital records services shall prescribe tosubstantiate the alleged facts of birth. Certificates of birth registered one(1) year or more after the date of occurrence shall be marked"Delayed" and show on their face the date of the delayedregistration. A summary statement of the evidence submitted in support of thedelayed registration shall be endorsed on the certificate. Evidence affectingdelayed certificates should be microfilmed and then returned to the registrant.

 

(b) When an applicant does not submit the minimum documentsrequired in the regulations for delayed registration, or when the stateregistrar of vital records finds reason to question the validity or adequacy ofthe documentary evidence, the state registrar of vital records shall notregister the delayed certificate and shall advise the applicant of the reasonsfor this action. Applications for delayed certificates which have not beencompleted within one (1) year from the

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