State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter4

CHAPTER 4 - HEALTH REGULATIONS GENERALLY

 

ARTICLE 1 - COMMUNICABLE DISEASES

 

35-4-101. Department of health to prescribe rules and regulations;penalty for violation; resisting or interfering with enforcement.

 

Thestate department of health shall have the power to prescribe rules andregulations for the management and control of communicable diseases. Anypersons violating or refusing to obey such rules and regulations or resistingor interfering with any officer or agent of the state department of healthwhile in the performance of his duties shall be deemed guilty of a misdemeanor andupon conviction thereof, shall be punished by the imposition of such penalty asmay be provided by law. Or in the discretion of the court said person may bepunished by a fine of not more than one hundred dollars ($100.00) orimprisonment not exceeding thirty (30) days, or both such fine andimprisonment.

 

35-4-102. Liability of county for medical services; indigent patients.

 

Therespective counties of the state shall not be liable for the payment of anyclaim for service rendered by any physician in the treatment of contagiousdiseases, unless such treatment shall be for the care of indigent persons whoare a public charge.

 

35-4-103. Investigation of diseases; quarantine; regulation of travel;employment of police officers to enforce quarantine; report of county healthofficer; supplies and expenses.

 

Thedepartment of health shall, immediately after the receipt of information thatthere is any smallpox, cholera, scarlet fever, diphtheria or other infectiousor contagious disease, which is a menace to the public health, in any portionof this state, order the county health officer to immediately investigate thecase and report to the state health officer the results of the investigation.The state health officer shall, subject to W.S. 35-4-112 and if in his judgmentthe occasion requires, direct the county health officer to declare the infectedplace to be in quarantine. The county health officer shall place anyrestrictions upon ingress and egress at this location as in his judgment or inthe judgment of the state health officer are necessary to prevent the spread ofthe disease from the infected locality. The county health officer shall upondeclaring any city, town or other place to be in quarantine, control thepopulation of the city, town or other place as in his judgment best protectsthe people and at the same time prevents the spread of the disease. Ifnecessary for the protection of the public health and subject to W.S. 35-4-112,the state health officer shall establish and maintain a state quarantine andshall enforce practical regulations regarding railroads or other lines oftravel into and out of the state of Wyoming as necessary for the protection ofthe public health. The expenses incurred in maintaining the state quarantineshall be paid out of the funds of the state treasury appropriated for thispurpose and in the manner in which other expenses of the department are auditedand paid. The county health officer or the department may employ a sufficientnumber of police officers who shall be under the control of the county healthofficer, to enforce and carry out any quarantine regulations the department mayprescribe. The regulations shall be made public in the most practicable mannerin the several counties, cities, towns or other places where the quarantine isestablished. If the quarantine is established by the county health officer, heshall immediately report his actions to the state health officer. The countyhealth officer shall furnish all supplies and other resources necessary for maintainingthe quarantine. Upon certificate of the county health officer approved by thedirector of the state department of health, the county commissioners of anycounty where a quarantine has been established shall issue warrants to theproper parties for the payment of all expenses, together with the expense ofemploying sufficient police force, to maintain and enforce the quarantine. Forpurposes of this act, "state health officer" means as defined in W.S.9-2-103(e).

 

35-4-104. Quarantine regulations generally; modification orabrogation.

 

Incase of the existence of smallpox, cholera, typhoid fever, scarlet fever,diphtheria, or any infectious or contagious disease, including venerealdiseases, that is a menace to public health, or of any epidemic of any suchdisease, the state health officer may, if he deems proper, proceed to thelocality where such disease exists, and make such investigation as is necessaryto ascertain the cause therefor, and in case of quarantine established by thecounty health officer, the state health officer shall have power after closepersonal inspection, to modify or abrogate any or all quarantine regulationsafter the same have been established.

 

35-4-105. Escape from quarantine deemed crime; punishment.

 

Anyperson or persons confined in any quarantine established in this state underthe provisions of this act who shall escape therefrom or attempt to escapetherefrom, without having been dismissed upon the certificate or authority ofthe county health officer may be charged with a crime and shall be quarantinedfor tuberculosis or other emergent disease or condition that might posecomparable risk for transmission in the absence of strict quarantine, andconfined to a site designated by the state health officer and the director ofthe department of health until such disease is cured or becomes inactive ornoninfectious. Upon conviction of a violation of this section, a person may bepunished by a fine of not more than five hundred dollars ($500.00) orimprisonment for not more than one (1) year.

 

35-4-106. Vaccination for smallpox; penalty for refusal.

 

Thestate department of health may adopt such measures for the general vaccinationof the inhabitants of any city, town or county in the state, as they shall deemproper and necessary to prevent the introduction or arrest the progress ofsmallpox; and every person who shall refuse to be vaccinated, or prevent anyperson under his care and control from being vaccinated, or who shall fail topresent himself or herself to the county health officer or a practicingphysician acting under the direction of the department or county healthofficer, for the purpose of being vaccinated, if such physician believesvaccination necessary, shall upon conviction be fined not more than one hundreddollars ($100.00) or less than ten dollars ($10.00) or imprisoned in the countyjail not more than thirty (30) days.

 

35-4-107. Report required of physician; record of each case to bekept; duty of individuals to report diseases.

 

(a) Pursuant to department of health rules and regulations, thestate health officer or his designee shall publish a list of communicablediseases or conditions to be reported by licensed physicians and laboratoriesin the state. It shall be the duty of every practicing or licensed physician orother health care provider as provided by department rules and regulations inthe state of Wyoming to report immediately to the state health officer or hisdesignee in the manner established by department rule and regulation through publishedreporting procedures provided to each licensed physician or laboratory. Thestate health officer or his designee shall collect and provide informationwhich may include the name of the person suffering from disease only to thecounty health officer or health representatives where disease control effortsare required. For purposes of this section, "health representatives"means those health care workers assigned by federal, state or local healthauthorities to assist with disease control and investigation efforts under thedirect supervision of the state health officer or his designee and local countyhealth officer. Any person knowing of a case of a serious contagious orinfectious disease, not under the care of a physician, may report the same to thestate health officer or his designee or the health officer of the county inwhich the disease exists.

 

(b) Pursuant to department of health rules and regulations,there may be a review of medical records by the state health officer, hisdesignee or their designated health care representatives who shall be under thedirect supervision of the state health officer or his designee to confirmdiagnosis, investigate causes or identify other cases of disease conditions ina region, community or workplace in the state to determine if proper measureshave been taken to protect public health and safety. Notwithstanding otherprovisions of state law, the review of records may occur without patientconsent, but shall be kept confidential and shall be restricted to informationnecessary for the control, investigation and prevention of disease conditionsdangerous to the public health. Any person who receives medical informationunder this subsection shall not disclose that information for any other purposeother than for purposes of the investigation and disease control efforts. Anyviolation of this subsection is a misdemeanor punishable by imprisonment fornot more than six (6) months, a fine of not more than one thousand dollars($1,000.00), or both.

 

35-4-108. Penalty for failure to report or for false report.

 

Anypracticing, licensed physician or other person required to report who fails toreport to the state health officer or his designee any case of disease in themanner provided in W.S. 35-4-107, or who willfully makes any false reportregarding any case, shall be guilty of a misdemeanor, punishable by a fine ofnot more than one thousand dollars ($1,000.00), or imprisonment in the countyjail not more than six (6) months, or both.

 

35-4-109. Spreading contagious disease; prohibited.

 

Anyperson who shall knowingly have or use about his premises, or who shall conveyor cause to be conveyed into any neighborhood, any clothing, bedding or othersubstance used by, or in taking care of, any person afflicted with the smallpoxor other infectious or contagious disease, or infected thereby, or shall do anyother act with intent to, or necessarily tending to the spread of such disease,into any neighborhood or locality, shall be deemed guilty of a misdemeanor, andupon conviction thereof before any court of competent jurisdiction shall befined in any sum not more than five hundred dollars ($500.00), or imprisoned inthe county jail not exceeding six (6) months, or by both fine and imprisonment;and the court trying any such offender may also include in any judgmentrendered, an order to the effect that the clothing or other property infectedbe burned or otherwise destroyed, and shall have power to carry such order intoeffect.

 

35-4-110. Spreading contagious disease; liability for damages in civilaction.

 

Anyperson guilty of violating the provisions of W.S. 35-4-109, in addition to thepenalties therein prescribed, shall be liable in a civil action in damages toany and all persons, who may, from that cause, become infected with suchcontagious disease; said damages shall be so assessed as to include, inaddition to other damages, all expenses incurred by reason of such sickness,loss of time and burial expenses; and such action may also be maintained by therepresentative of any deceased person.

 

35-4-111. Reporting of Reye's Syndrome.

 

Everyhospital or local health officer shall immediately report every diagnosed caseof Reye's Syndrome to the state health officer of the department of health.

 

35-4-112. Right of appeal of quarantine.

 

(a) Any person who has been quarantined pursuant to this actmay appeal to the district court at any time for release from the quarantine.The court may hold a hearing on the appeal after notice is provided to thestate health officer at least seventy-two (72) hours prior to the hearing. After the hearing, if the court finds that the quarantine is not reasonablynecessary to protect the public health, it shall order the person released fromquarantine. The burden of proof for the need for the quarantine shall be onthe state health officer, except that in the case of bona fide scientific ormedical uncertainty the court shall give deference to the professional judgmentof the state health officer unless the person quarantined proves by apreponderance of the evidence that the quarantine is not reasonably necessaryto protect the public health.

 

(b) Any person quarantined shall have the right to communicateby telephone or any other available electronic means, but the state healthofficer may, in order to protect the public health, deny the quarantinedperson's right to meet in person with any person not subject to the quarantine,except that a parent or legal guardian may upon request be quarantined with theminor patient.

 

(c) In the event of a public health emergency of unknowneffect, the state health officer may impose a temporary quarantine until thereis sufficient information to determine what actions, if any, are reasonablyneeded to protect the public health.

 

35-4-113. Treatment when consent is not available; quarantine.

 

(a) Except as provided by subsection (b) of this section, W.S.14-4-116 and 21-4-309, the state health officer shall not subject any person toany vaccination or medical treatment without the consent of the person.

 

(b) During a public health emergency, the state health officermay subject a person to vaccination or medical treatment without consent in thefollowing circumstances:

 

(i) If the parent, legal guardian or other adult personauthorized to consent to medical treatment of a minor child cannot be locatedand consulted and the vaccination of or medical treatment for the minor childis reasonably needed to protect the public health or protect the minor childfrom disease, death, disability or suffering;

 

(ii) If the person authorized to consent on behalf of anincompetent person cannot be located and consulted and the vaccination of ormedical treatment for the incompetent person is reasonably needed to protectthe public health or protect the incompetent person from disease, death,disability or suffering.

 

(c) If a person withholds or refuses consent for himself, aminor or other incompetent when the vaccination or medical treatment isreasonably needed to protect the health of others from a disease carrying therisk of death or disability, then the person for whom the vaccination ormedical treatment is refused may be quarantined by the state health officer.

 

35-4-114. Immunity from liability.

 

(a) During a public health emergency as defined by W.S.35-4-115(a)(i), any health care provider or other person who in good faithfollows the instructions of the state health officer in responding to thepublic health emergency is immune from any liability arising from complyingwith those instructions. This immunity shall apply to health care providers whoare retired, who have an inactive license or who are licensed in another statewithout a valid Wyoming license and while performing as a volunteer during adeclared public health emergency as defined by W.S. 35-4-115(a)(i). Thisimmunity shall not apply to acts or omissions constituting gross negligence orwillful or wanton misconduct.

 

(b) The licensing boards for any health care provider holding apermit or license as a health care provider regulated under title 33 of theWyoming statutes shall provide by rule and regulations for the temporarylicensure of health care providers during a public health emergency as declaredby the governor pursuant to W.S. 35-4-115(a)(i). If necessary during a declaredpublic health emergency, the state health officer may issue temporary practicelicenses to health care providers who are retired, who have an inactive licenseor who are licensed in another state without a valid Wyoming license pendingaction on an application for issuance of a temporary license by the appropriatelicensing board pursuant to this subsection.

 

(c) All temporary health care provider licenses issued by thestate health officer under subsection (b) of this section shall terminate automaticallyupon declaration by the governor, pursuant to W.S. 35-4-115(a)(i), that thepublic health emergency has ended.

 

35-4-115. Definitions.

 

(a) As used in this article:

 

(i) "Public health emergency" means an occurrence orimminent threat of an illness or health condition caused by an epidemic orpandemic disease, a novel and highly fatal infectious agent or a biologicaltoxin that poses a substantial risk of a significant number of human fatalitiesor incidents of permanent or long-term disability. The governor shall declarewhen a public health emergency exists or has ended;

 

(ii) "Quarantine" means:

 

(A) The physical separation and confinement of an individual orgroup of individuals that has been, or may have been, exposed to, or isreasonably believed to be infected with, a contagious or possibly contagiousdisease, from nonquarantined individuals, to prevent or limit the transmissionof the disease to nonquarantined individuals;

 

(B) The isolation of a geographic area where individuals are locatedwho have been or are reasonably believed to have been exposed to or infected bya contagious or possibly contagious disease; or

 

(C) The physical separation and confinement of an individual orgroup of individuals or the isolation of a geographic area where a publichealth emergency of unknown effect has occurred or is reasonably believed tohave occurred.

 

35-4-130. Declared contagious and dangerous to health; list ofreportable diseases established by department of health; violation of W.S.35-4-130 through 35-4-134; penalty.

 

 

(a) Sexually transmitted diseases as included within the listof reportable diseases of the department of health are contagious, infectious,communicable and dangerous to public health.

 

(b) The department of health shall by rule and regulationdevelop a list of reportable sexually transmitted diseases including allvenereal diseases and acquired immune deficiency syndrome. The list shall beavailable to all physicians, health officers, hospitals and other health care providersand facilities within the state.

 

(c) Any person violating W.S. 35-4-130 through 35-4-134 orfailing or refusing to comply with any order lawfully issued under W.S.35-4-130 through 35-4-134 is guilty of a misdemeanor punishable by a fine ofnot more than seven hundred fifty dollars ($750.00), imprisonment for not morethan six (6) months, or both.

 

35-4-131. Consent of minors to treatment; treatment of infected orexposed persons; immunity from liability.

 

 

(a) Persons under eighteen (18) years of age may give legalconsent for examination and treatment for any sexually transmitted diseaseinfection.

 

(b) For the protection of public health, a physician, healthofficer or other person or facility providing health care in accordance withstate or federal law shall for any individual regardless of age, sex, race orcolor:

 

(i) If reasonably suspected of being infected with any sexuallytransmitted disease, administer, refer for or recommend appropriate andadequate treatment;

 

(ii) If exposed to any sexually transmitted disease, recommendor offer treatment.

 

(c) Physical examination and treatment by a licensed physicianor other qualified health care provider of a person under eighteen (18) yearsof age consenting to examination or treatment is not an assault or an assaultand battery upon that person.

 

35-4-132. Report required of health care providers, facilities andlaboratories; notification; confidentiality of information.

 

 

(a) A physician or other health care provider diagnosing or treatinga case of sexually transmitted disease, the administrator of a hospital,dispensary, charitable or penal institution or any other health care facilityin which there is a case of sexually transmitted disease and the administratoror operator of a laboratory performing a positive laboratory test for sexuallytransmitted disease shall report the diagnosis, case or positive test resultsto both the department of health and the appropriate health officer in a formand manner directed by the department. Health care providers and facilitiesshall cooperate with and assist the department and health officers inpreventing the spread of sexually transmitted disease.

 

(b) The department of health shall compile the number ofreported cases within the state.

 

(c) Any physician or other health care provider and anyadministrator or operator of a health care facility or laboratory reporting adiagnosis, case or positive test result pursuant to subsection (a) of thissection shall notify any health care professional and health care employeereasonably expected to be at risk of exposure to a dangerous orlife-threatening sexually transmitted disease and involved in the supervision,care and treatment of an individual infected or reasonably suspected of being infectedwith a dangerous or life-threatening sexually transmitted disease.

 

(d) Information and records relating to a known or suspectedcase of sexually transmitted disease which has been reported, acquired andmaintained under W.S. 35-4-130 through 35-4-134 are confidential and except asotherwise required by law, shall not be disclosed unless the disclosure is:

 

(i) For statistical purposes, provided that the identity of theindividual with the known or suspected case is protected;

 

(ii) Necessary for the administration and enforcement of W.S.35-4-130 through 35-4-134 and department rules and regulations related to thecontrol and treatment of sexually transmitted diseases;

 

(iii) Made with the written consent of the individual identifiedwithin the information or records; or

 

(iv) For notification of health care professionals and healthcare employees pursuant to subsection (c) of this section as necessary toprotect life and health.

 

35-4-133. Examination and treatment of infected persons; treatment atpublic expense; notification of exposed individuals; suppression ofprostitution.

 

 

(a) Upon receipt of a report or notice of a case or areasonably suspected case of sexually transmitted disease infection, a healthofficer within his respective jurisdiction:

 

(i) May isolate the individual in accordance with existingstandards of medical practice;

 

(ii) If examination has not been performed, may provide for theexamination of the infected individual or the individual reasonably suspectedof suffering from a sexually transmitted disease and shall report theexamination results to the individual;

 

(iii) May require the infected individual to seek adequatetreatment or, subject to subsection (d) of this section, may require theindividual to submit to treatment at public expense; and

 

(iv) May arrange for education and counseling of the infectedindividual as to the medical significance of the sexually transmitted disease.

 

(b) To the extent possible, the health officer shall identifyany other person with whom the infected individual has had contact which mayhave resulted in significant exposure of that person to a dangerous orlife-threatening sexually transmitted disease. For purposes of thissubsection, "significant exposure" means:

 

(i) Contact of an emergency medical services provider's brokenskin or mucous membrane with the infected individual's blood or bodily fluidsother than tears or perspiration;

 

(ii) That a needle stick, or scalpel or other instrument woundhas occurred in the process of caring for the infected individual;

 

(iii) Sexual contact;

 

(iv) Exposure that occurs by any other method of transmissiondefined by the department as a significant exposure; or

 

(v) Exposure that occurs during the course of examination ortreatment by dental care providers.

 

(c) To the extent possible, a health officer shall make everyreasonable effort to notify any person identified in subsection (b) of this sectionof his possible exposure to a sexually transmitted disease. Such notificationshall include the name of the sexually transmitted disease to which the personmay have been exposed, the approximate date of possible exposure, and shalladvise the person of the nature of the disease and sources for education andcounseling as to the medical significance of the disease. The health officershall not provide information as to the specific identity of the infectedindividual unless the health officer has received written authorization forrelease of information from the infected individual.

 

(d) Public funds appropriated for treatment of any individualinfected with a sexually transmitted disease shall be spent in accordance withpriorities established by the department of health. In establishingpriorities, the department shall consider the treatment's cost, effectiveness,curative capacity and public health benefit to the state.

 

(e) A health officer shall investigate sources of sexuallytransmitted disease, cooperate with the proper law enforcement officials inenforcing laws against prostitution and otherwise assist in the suppression ofprostitution.

 

(f) Upon receipt of information documenting an actual exposureof a health care worker as provided in paragraphs (b)(i) and (ii) of thissection to blood or body fluids of a patient where the exposure could lead to acommunicable disease infection which is capable of transmission by blood orother body fluids, a health care provider acting within his scope of practicemay order appropriate testing to be performed on a specimen from the patient bya duly licensed and accredited laboratory. If the patient's specimen is notavailable for testing, a health care provider acting within his scope of practice,or county health officer may, with the patient's consent, order the necessarytesting according to the rules and regulations promulgated by the Wyomingdepartment of health. If the patient does not consent to testing, the countyhealth officer or the authority responsible for the care of the patient mayapply to the district court for an order to have the necessary testingperformed. Test results will be kept confidential and will be reported by thehealth care provider in accordance with W.S. 35-4-130 through 35-4-134. Reports to the department of health shall be made on an official state diseasecase report form or the report may be made by telephone with confirmation bythe written form. For purposes of this section, "health care worker" meansall personnel involved in the care of a patient, including first responders,such as law enforcement officers, rescue personnel and those acting as goodsamaritans.

 

35-4-134. Examination and treatment of prisoners.

 

 

(a) Any individual confined or imprisoned in any state penalinstitution, county or city jail or any community correctional facility shallbe examined for sexually transmitted diseases by the appropriate health officeror his qualified designee.

 

(b) To suppress the spread of sexually transmitted diseaseamong the confined population, the health officer or his qualified designeemay:

 

(i) Isolate prisoners infected with a treatable illness withinthe facility and require them to report for treatment by a licensed physician;or

 

(ii) In the case of an individual infected with a noncurablesexually transmitted disease, provide for the minimum care and treatment of theindividual pursuant to rules promulgated by the department of health with theadvice of the department of corrections.

 

(c) Nothing herein contained shall be construed to interferewith the service of any sentence imposed by a court as a punishment for thecommission of a crime.

 

35-4-135. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-136. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-137. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-138. Introduction of solution in eyes of newborn child byattending physician.

 

Itshall be the duty of every practicing or licensed physician in the state ofWyoming, when attending the birth of a child, to introduce or cause to beintroduced into the eyes of the newborn infant a stable solution or ointment ofa broad spectrum antibiotic as prescribed by the state department of health. Provided, that this section shall not apply in cases where the parents arereligiously opposed to the use of drugs and so inform the attending physician.

 

35-4-139. Childhood immunizations.

 

The department of health through rule andregulation shall develop and implement a program to provide vaccines for allchildren of Wyoming residents who are not federally vaccine eligible childrenas defined in 42 U.S.C. 1396s(b)(2) or subsequent similar federal enactment. Vaccines provided pursuant to this section shall include those determined to benecessary for the healthy development of children and prescribed in rules andregulations of the department based on recommendations from an advisory groupwhich the department director shall appoint consisting of a representative ofan organization representing physicians licensed in Wyoming, at least one (1)pediatric physician licensed in Wyoming and at least one (1) family physicianlicensed in Wyoming.

 

ARTICLE 2 - PROTECTION OF PUBLIC WATER SUPPLY

 

35-4-201. Department of health to cooperate with municipalauthorities, corporations and persons as to water, drainage and sewage;definitions of "drainage" and "sewage".

 

Thedepartment shall consult with and advise the authorities of cities and townsand persons having or about to have systems of water supply, drainage andsewage as to the most appropriate source of water supply and the best methodassuring its purity or as to the best method of disposing of their drainage orsewage with reference to the existing and future needs of other cities, townsor persons which may be affected thereby. It shall also consult with and adviseall corporations, companies or persons engaged or intending to engage in anymanufacturing or other business whose drainage or sewage may tend to polluteany inland water as to the best method of preventing such pollution, and it mayconduct experiments to determine the best methods of the purification ordisposal of drainage or sewage. Cities, towns and all other corporations,companies or persons shall submit to the department for its advice and approvaltheir proposed system of water supply or of the disposal of drainage or sewage,and no city, town or persons or company shall proceed to build or install orenlarge or extend any system of water supply, drainage or sewage disposal,without first obtaining the approval of the state department of health. In thissection the term "drainage" means rainfall, surface and subsoil wateronly, and "sewage" means domestic and industrial filth and waste.

 

35-4-202. Contamination of streams by sawmills, mining operations, orother manufacturing or industrial works prohibited; penalty; exceptions;special permits.

 

Anyowner or owners of any sawmill, reduction works, smelter, milling, refining orconcentration works, or other manufacturing or industrial works, or any agent,servant or employee thereof, or any person or persons whomsoever, who shallthrow or deposit in, or in any way permit to pass into any natural stream orlake within the state, wherein are living fish, any sawdust, chemicals,mill-tailing, or other refuse matter of deleterious substance or poisons of anykind or character whatsoever, that will or may tend to the destruction ordriving away from such waters any fish, or kill or destroy any fish therein, orthat will or may tend to pollute, contaminate, render impure or unfit fordomestic, irrigation, stock or other purposes for which appropriated and used,the waters of any such natural streams or lake, or that will or may tend toobstruct, fill in or otherwise interfere with the flow, channel or condition ofsuch streams, lake or waters, shall be deemed guilty of a misdemeanor and uponconviction thereof shall be fined not less than fifty dollars ($50.00) or morethan one hundred dollars ($100.00) or shall be imprisoned in the county jailfor not less than thirty (30) days nor more than six (6) months, or by bothsuch fine and imprisonment for each offense; and where any of the foregoing unlawfulacts are committed continuously, each of the days upon which committed shall betreated and considered as a separate and distinct offense; provided, thatnothing in this section or W.S. 23-3-204 shall apply to the slag from smelterfurnaces; provided further, that nothing in this section nor in any of theother laws of this state shall prevent the owner or owners of any mill,concentration works, reduction works or tailings pond or basin used inconnection therewith, in this state, now or hereafter to be located upon anynatural stream, or lake, from operating said mill, concentration works,reduction works or tailings pond or basin used in connection therewith, wherethe said owner or owners thereof shall build or cause to be built a dam or damsfor settling purposes; provided however that before any dam or dams shall bebuilt for any such purposes, the director of the state department of health,the state game and fish commissioner [director of the game and fish department]and the state engineer, acting as a joint committee and each member casting avote of his department, shall review such plans and according to their findingsshall approve or disapprove such plans for preventing any deleterioussubstances from entering any waters beyond the project area; provided, thatwhenever a majority of the landowners on any irrigation stream shall petitionthe state game and fish commissioner to allow sawdust to be put in any streamthat does not reach a main body of water or living stream he shall have the powerto grant such permits.

 

35-4-220. Definitions.

 

 

(a) The following words as used in this act, unless a differentmeaning is required by the context or is specifically prescribed, shall havethe following meaning:

 

(i) "Service connection" shall mean and include anywater line or pipe connected to a distribution supply main or pipe for thepurpose of conveying water to a building or dwelling;

 

(ii) "Sanitary public water supply" shall mean andinclude any water supply being distributed by ten (10) or more serviceconnections, such connections being utilized to furnish water for humanconsumption either in preparing foods or beverages for inhabitants ofresidences or business establishments;

 

(iii) "United States public health service drinking waterstandards" shall mean and include the standards prescribed by the UnitedStates public health service for the quality of water on interstate carriers,provided further that the section of these standards pertaining to physical andchemical characteristics of water shall not be included in these standards forthe purpose of this act.

 

35-4-221. Periodical bacteriological analysis of water required.

 

 

(a) It shall be the duty and responsibility of any public orprivate utility engaged in the development, storage and distribution of asanitary public water supply to provide for the safety and purity of suchsupply to every service connection and to collect samples of such water forbacteriological analysis at least once monthly or oftener as required by thestate board of health. Such collection shall be made in special containersfurnished for this purpose by the state health department division oflaboratories and shall be returned to this laboratory for examination. Suchexamination and reporting of results shall comply with the procedures outlinedin the United States public health service drinking water standards. Theresults of such analysis shall be reported to the owners or persons responsiblefor the operation of the sanitary public water supply.

 

(b) When the water from such water supply has been determinedby laboratory examination, inspection and report of the state department ofhealth to be unsafe for human consumption as determined by the United Statespublic health service drinking water standards, the owners or personsresponsible for the operation of such water supply shall take immediate actionto correct sanitary defects, improve operation, provide necessary watertreatment, or make any other changes or additions necessary to provideassuredly safe water.

 

35-4-222. Notice of danger to health.

 

Whenever,in the opinion of the state department of health, investigations indicate thatthe water from a water supply as described in this act would endanger thehealth of the water consumers, the department shall give written notice to theowners or persons responsible for the operation of such sanitary public watersupply, specifying the cause of the danger to the health of the waterconsumers.

 

35-4-223. Liability for damages.

 

Compliancewith the requirements of this act shall in no way release the owners or personsresponsible for the operation of a sanitary public water supply from anyliability for damage to persons or property caused by or resulting from theinstallation, operation or maintenance of a sanitary public water supply.

 

35-4-224. Standards for mobile home parks eliminated.

 

Thedepartment of health has no authority to regulate, or to promulgate or enforcerules, regulations or standards regulating the design and construction ofsewerage and water facilities within a mobile home park. This does not precludethe department from promulgating and enforcing rules and regulations orstandards regulating the health of persons within a mobile home park andinspecting sewerage and water facilities within a mobile home park uponcompletion of the construction of such facilities.

 

ARTICLE 3 - RADIOACTIVE ISOTOPES OR MATERIAL

 

35-4-301. Repealed by Laws 1993, ch. 59, 1.

 

 

35-4-302. Repealed by Laws 1993, ch. 59, 1.

 

 

35-4-303. Repealed by Laws 1993, ch. 59, 1.

 

 

ARTICLE 4 - FEDERAL MATERNITY BENEFITS

 

35-4-401. Federal provisions accepted.

 

Thestate of Wyoming hereby accepts the provisions of the act of congress of theUnited States approved November 23, 1921, entitled: "An act for thepromotion of the welfare and hygiene of maternity and infancy, and for otherpurposes".

 

35-4-402. Cooperation with federal bureau.

 

Thestate department of health is hereby directed to cooperate with the federalchildren's bureau in the administration of the benefits of the act of congressaforesaid, and to do all things necessary to entitle the state of Wyoming toreceive all the benefits of said act.

 

35-4-403. Custodian of funds.

 

Thetreasurer of the state of Wyoming is hereby designated as the custodian of allfunds allotted to the state of Wyoming from appropriations made by congressunder or in pursuance of said act, and he shall receive and provide for theproper custody and disbursement of the same in accordance with law.

 

ARTICLE 5 - BLOOD TESTS FOR PREGNANT WOMEN

 

35-4-501. Definition of standard serological test; cost.

 

Forthe purposes of this act, a standard serological test shall be a test forsyphilis approved by the state department of health, and shall be performed ina laboratory approved by the state department of health. Such laboratory testsas are required by this act shall be performed on request without charge at thestate department of health laboratory.

 

35-4-502. Duty of attending physician.

 

Everyphysician licensed to practice medicine attending a pregnant woman in the statefor conditions relating to her pregnancy during the period of gestation or atdelivery shall take, or cause to be taken, a sample of blood of such woman atthe time of her first professional visit or within ten (10) days thereafter.The blood specimen thus obtained shall be submitted to an approved laboratoryfor a standard serological test for syphilis. Every other person permitted bylaw to attend pregnant women in the state but not permitted by law to takeblood samples, shall cause a sample of blood of such pregnant women to be takenby a physician duly licensed to practice medicine and have such samplesubmitted to an approved laboratory for a standard serological test forsyphilis.

 

35-4-503. Report of birth; statement as to blood test.

 

Inreporting every birth and stillbirth, physicians and others required to makesuch reports shall state on the certificate whether a blood test for syphilishas been made upon a specimen of blood taken from the woman who bore the childfor which a birth or stillbirth certificate is filed, and the approximate datewhen the specimen was taken. In no event shall the birth certificate state theresult of the test.

 

35-4-504. Penalty.

 

Anylicensed physician and surgeon, or other person, engaged in attendance upon apregnant woman during the period of gestation and/or at delivery, or anyrepresentative of a laboratory who violates the provisions of this act shall beguilty of a misdemeanor, and upon conviction thereof shall be fined not toexceed one hundred dollars ($100.00); provided, however, every licensedphysician and surgeon or other person engaged in attendance upon a pregnantwoman during the period of gestation or at delivery, who requests such specimenin accordance with the provisions of W.S. 35-4-502, and whose request isrefused, shall not be guilty of a misdemeanor.

 

35-4-505. Enforcement.

 

Thedistrict attorneys for the several counties in the state shall prosecute forviolation of this act as for other crimes and misdemeanors.

 

ARTICLE 6 - DISPOSAL OF UNCLAIMED HUMAN BODIES

 

35-4-601. Delivery of unclaimed bodies for anatomical study.

 

Anymember of the following boards or officers to-wit: The board of health of anycity, town or county in the state; the mayor or common council of any city, andthe officers or board having direction or control of any almshouse, prisonhospital, house of correction or jail, in the state, shall, when so requested,surrender the dead bodies of such persons as may be required to be buried atthe public expense, to any regularly licensed physician or dentist or medicalcollege in the state, in accordance with such rules as may be prescribed by thestate department of health; such bodies to be used by said physician, dentistor medical college, for the advancement of anatomical science; preference beinggiven to the faculty of any legally organized state medical college or schoolof anatomy, for their use in the instruction of medical students; provided thatin no case shall the faculties or other officers of such medical college orschool of anatomy require or receive from any medical student or students, forsuch body so furnished therein, any sum of money in excess of the actual costof procuring the same.

 

35-4-602. Exceptions as to certain bodies.

 

 

(a) No such body shall in any case be surrendered if:

 

(i) The deceased in his or her last illness requested to be notdissected; or

 

(ii) If within forty-eight (48) hours after his or her death,any person of kindred or a friend of the deceased shall request the body forburial; or

 

(iii) If such deceased was a stranger or a traveler who diedsuddenly before making himself or herself known; or

 

(iv) If such deceased person was honorably discharged from anyarm of the military or naval service of the United States.

 

35-4-603. Restriction upon use of bodies; bond required of applicant;prohibited acts.

 

Itshall not be lawful for any person so receiving dead bodies to use the same,except for the prosecution of anatomical science, or elsewhere than in thisstate; and the state department of health in its rules and regulations inregard to the distribution of the same, may require each applicant to furnish agood and sufficient bond that the provisions of this act will be observed.Whosoever shall use said body for any other purpose, or shall remove the samebeyond the limits of the state, or whosoever shall traffic, trade or deal withsaid bodies for a commercial purpose shall be deemed guilty of a misdemeanorand shall be fined, on conviction, not less than one hundred dollars ($100.00)and be imprisoned in the county jail for a period of not less than thirty (30)days or more than one (1) year; the fine accruing from said conviction to bepaid to the school fund of the county, wherein such offense was committed.

 

35-4-604. Penalty for refusing to deliver body.

 

Anyofficer refusing to deliver the remains or dead body of the deceased person,when demanded in accordance with the provisions of this act and the rules andregulations set forth by the state department of health, shall pay a penalty ofnot less than fifty dollars ($50.00), nor more than one hundred dollars($100.00); such penalties to be sued for by the department of health as thecase may be.

 

35-4-605. Burial or cremation after use.

 

Itshall be the duty of all parties, who may secure dead bodies under provisionsof this act, to bury the same decently in some public cemetery within areasonable time after dissection, or cremate the same or make such otherdisposition as may be prescribed by the state department of health. For anyviolation of this provision, the party or parties so neglecting shall onconviction, forfeit or pay a penalty of not less than fifty dollars ($50.00),nor more than one hundred dollars ($100.00), or be imprisoned in the countyjail not less than six (6) months nor more than twelve (12) months or both, atthe discretion of the court; such penalties to be sued for by the schoolofficers or anyone interested therein, for the benefit of the school fund ofthe county in which the offense shall have been committed.

 

35-4-606. Rules and regulations.

 

Thestate department of health shall, within thirty (30) days after passage of thisact, promulgate rules and regulations as called for by W.S. 35-4-601.

 

35-4-607. Who may have bodies in possession.

 

Any regularly licensed physician or dentist of the state,any medical student who is a regular matriculate of a recognized medicalcollege, under authority of such physician, or any person authorized by theRevised Uniform Anatomical Gift Act may have in his possession human deadbodies, or parts thereof, lawfully obtained, for the purpose of anatomicalinquiry or dissection.

 

ARTICLE 7 - SANITARY FACILITIES FOR MOTION PICTURE OPERATORS

 

35-4-701. Running water and toilet facilities to be provided.

 

Itshall be the duty of every person who, in any city or town in this state, usesany theater, hall, or other building, having a seating capacity of one hundred(100) or more, for the purpose of exhibiting motion pictures, to providerunning water and toilet facilities in the room used by any cinematographoperator. Such facilities shall include a flush tank toilet and wash basin.Provided, however, that wherever a sewer system is not available for theservice of such building, the facilities to be provided shall be such as areacceptable to the county health officer of the county in which such building issituated.

 

35-4-702. Penalty.

 

Itshall be unlawful for any person to use any building in this state for theexhibition of motion pictures on or after the first day of October, 1933,without having complied with the provisions of W.S. 35-4-701, and any person sousing such building after said date shall be deemed guilty of a misdemeanor andupon conviction thereof shall be fined not less than twenty-five dollars($25.00), nor more than one hundred dollars ($100.00) for each offense. Eachday during which any person shall so use any building in violation of theprovisions of W.S. 35-4-701 shall be deemed a separate offense.

 

35-4-703. Exception.

 

Theprovisions of this act shall not apply to such buildings as are not usedprimarily for the exhibition of motion pictures.

 

ARTICLE 8 - NEWBORN SCREENING

 

35-4-801. Screening required for detection of genetic and metabolicdiseases and hearing defects in newborn children; conduct of screening;exceptions; fees.

 

(a) Every child born in the state of Wyoming, within three (3)to five (5) days for full term children and five (5) to eight (8) days forpremature children following birth unless a different time period is medicallyindicated, shall be given medical examinations for detection of remedial inbornerrors of metabolism, major hearing defects and any other metabolic or geneticdiseases pursuant to subsection (b) of this section. The screening shall beconducted in accordance with accepted medical practices and in the mannerprescribed by the state department of health.

 

(b) The specific tests to be done shall be determined by acommittee consisting of the following:

 

(i) The state health officer in the department of health;

 

(ii) The president of the Wyoming state medical society;

 

(iii) A member designated by the Wyoming state pediatric society;

 

(iv) A member designated by the Wyoming obstetric/gynecologicalsociety.

 

(c) Informed consent of parents shall be obtained and if anyparent or guardian of a child objects to a mandatory examination the child isexempt from subsection (a) of this section. The department of health shallprovide educational information to healthcare providers for distribution to theparent containing information on the testing procedures, the diseases beingscreened and the consequences of screening or nonscreening.

 

(d) Following consultation with the committee described insubsection (b) of this section, the department of health may provide by ruleand regulation for the assessment of a fee, payable to the department, to coverthe reasonable cost of the screenings required by this section. Fees collectedpursuant to this subsection shall be deposited into a separate account and arecontinuously appropriated to the department of health for purposes of thenewborn screening program required by this section.

 

35-4-802. Rules and regulations.

 

(a) The state department of health shall make all rules andregulations necessary for:

 

(i) Dissemination of the provisions of W.S. 35-4-801 to allhospitals and physicians within the state; and

 

(ii) Implementation of W.S. 35-4-801, as amended.

 

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter4

CHAPTER 4 - HEALTH REGULATIONS GENERALLY

 

ARTICLE 1 - COMMUNICABLE DISEASES

 

35-4-101. Department of health to prescribe rules and regulations;penalty for violation; resisting or interfering with enforcement.

 

Thestate department of health shall have the power to prescribe rules andregulations for the management and control of communicable diseases. Anypersons violating or refusing to obey such rules and regulations or resistingor interfering with any officer or agent of the state department of healthwhile in the performance of his duties shall be deemed guilty of a misdemeanor andupon conviction thereof, shall be punished by the imposition of such penalty asmay be provided by law. Or in the discretion of the court said person may bepunished by a fine of not more than one hundred dollars ($100.00) orimprisonment not exceeding thirty (30) days, or both such fine andimprisonment.

 

35-4-102. Liability of county for medical services; indigent patients.

 

Therespective counties of the state shall not be liable for the payment of anyclaim for service rendered by any physician in the treatment of contagiousdiseases, unless such treatment shall be for the care of indigent persons whoare a public charge.

 

35-4-103. Investigation of diseases; quarantine; regulation of travel;employment of police officers to enforce quarantine; report of county healthofficer; supplies and expenses.

 

Thedepartment of health shall, immediately after the receipt of information thatthere is any smallpox, cholera, scarlet fever, diphtheria or other infectiousor contagious disease, which is a menace to the public health, in any portionof this state, order the county health officer to immediately investigate thecase and report to the state health officer the results of the investigation.The state health officer shall, subject to W.S. 35-4-112 and if in his judgmentthe occasion requires, direct the county health officer to declare the infectedplace to be in quarantine. The county health officer shall place anyrestrictions upon ingress and egress at this location as in his judgment or inthe judgment of the state health officer are necessary to prevent the spread ofthe disease from the infected locality. The county health officer shall upondeclaring any city, town or other place to be in quarantine, control thepopulation of the city, town or other place as in his judgment best protectsthe people and at the same time prevents the spread of the disease. Ifnecessary for the protection of the public health and subject to W.S. 35-4-112,the state health officer shall establish and maintain a state quarantine andshall enforce practical regulations regarding railroads or other lines oftravel into and out of the state of Wyoming as necessary for the protection ofthe public health. The expenses incurred in maintaining the state quarantineshall be paid out of the funds of the state treasury appropriated for thispurpose and in the manner in which other expenses of the department are auditedand paid. The county health officer or the department may employ a sufficientnumber of police officers who shall be under the control of the county healthofficer, to enforce and carry out any quarantine regulations the department mayprescribe. The regulations shall be made public in the most practicable mannerin the several counties, cities, towns or other places where the quarantine isestablished. If the quarantine is established by the county health officer, heshall immediately report his actions to the state health officer. The countyhealth officer shall furnish all supplies and other resources necessary for maintainingthe quarantine. Upon certificate of the county health officer approved by thedirector of the state department of health, the county commissioners of anycounty where a quarantine has been established shall issue warrants to theproper parties for the payment of all expenses, together with the expense ofemploying sufficient police force, to maintain and enforce the quarantine. Forpurposes of this act, "state health officer" means as defined in W.S.9-2-103(e).

 

35-4-104. Quarantine regulations generally; modification orabrogation.

 

Incase of the existence of smallpox, cholera, typhoid fever, scarlet fever,diphtheria, or any infectious or contagious disease, including venerealdiseases, that is a menace to public health, or of any epidemic of any suchdisease, the state health officer may, if he deems proper, proceed to thelocality where such disease exists, and make such investigation as is necessaryto ascertain the cause therefor, and in case of quarantine established by thecounty health officer, the state health officer shall have power after closepersonal inspection, to modify or abrogate any or all quarantine regulationsafter the same have been established.

 

35-4-105. Escape from quarantine deemed crime; punishment.

 

Anyperson or persons confined in any quarantine established in this state underthe provisions of this act who shall escape therefrom or attempt to escapetherefrom, without having been dismissed upon the certificate or authority ofthe county health officer may be charged with a crime and shall be quarantinedfor tuberculosis or other emergent disease or condition that might posecomparable risk for transmission in the absence of strict quarantine, andconfined to a site designated by the state health officer and the director ofthe department of health until such disease is cured or becomes inactive ornoninfectious. Upon conviction of a violation of this section, a person may bepunished by a fine of not more than five hundred dollars ($500.00) orimprisonment for not more than one (1) year.

 

35-4-106. Vaccination for smallpox; penalty for refusal.

 

Thestate department of health may adopt such measures for the general vaccinationof the inhabitants of any city, town or county in the state, as they shall deemproper and necessary to prevent the introduction or arrest the progress ofsmallpox; and every person who shall refuse to be vaccinated, or prevent anyperson under his care and control from being vaccinated, or who shall fail topresent himself or herself to the county health officer or a practicingphysician acting under the direction of the department or county healthofficer, for the purpose of being vaccinated, if such physician believesvaccination necessary, shall upon conviction be fined not more than one hundreddollars ($100.00) or less than ten dollars ($10.00) or imprisoned in the countyjail not more than thirty (30) days.

 

35-4-107. Report required of physician; record of each case to bekept; duty of individuals to report diseases.

 

(a) Pursuant to department of health rules and regulations, thestate health officer or his designee shall publish a list of communicablediseases or conditions to be reported by licensed physicians and laboratoriesin the state. It shall be the duty of every practicing or licensed physician orother health care provider as provided by department rules and regulations inthe state of Wyoming to report immediately to the state health officer or hisdesignee in the manner established by department rule and regulation through publishedreporting procedures provided to each licensed physician or laboratory. Thestate health officer or his designee shall collect and provide informationwhich may include the name of the person suffering from disease only to thecounty health officer or health representatives where disease control effortsare required. For purposes of this section, "health representatives"means those health care workers assigned by federal, state or local healthauthorities to assist with disease control and investigation efforts under thedirect supervision of the state health officer or his designee and local countyhealth officer. Any person knowing of a case of a serious contagious orinfectious disease, not under the care of a physician, may report the same to thestate health officer or his designee or the health officer of the county inwhich the disease exists.

 

(b) Pursuant to department of health rules and regulations,there may be a review of medical records by the state health officer, hisdesignee or their designated health care representatives who shall be under thedirect supervision of the state health officer or his designee to confirmdiagnosis, investigate causes or identify other cases of disease conditions ina region, community or workplace in the state to determine if proper measureshave been taken to protect public health and safety. Notwithstanding otherprovisions of state law, the review of records may occur without patientconsent, but shall be kept confidential and shall be restricted to informationnecessary for the control, investigation and prevention of disease conditionsdangerous to the public health. Any person who receives medical informationunder this subsection shall not disclose that information for any other purposeother than for purposes of the investigation and disease control efforts. Anyviolation of this subsection is a misdemeanor punishable by imprisonment fornot more than six (6) months, a fine of not more than one thousand dollars($1,000.00), or both.

 

35-4-108. Penalty for failure to report or for false report.

 

Anypracticing, licensed physician or other person required to report who fails toreport to the state health officer or his designee any case of disease in themanner provided in W.S. 35-4-107, or who willfully makes any false reportregarding any case, shall be guilty of a misdemeanor, punishable by a fine ofnot more than one thousand dollars ($1,000.00), or imprisonment in the countyjail not more than six (6) months, or both.

 

35-4-109. Spreading contagious disease; prohibited.

 

Anyperson who shall knowingly have or use about his premises, or who shall conveyor cause to be conveyed into any neighborhood, any clothing, bedding or othersubstance used by, or in taking care of, any person afflicted with the smallpoxor other infectious or contagious disease, or infected thereby, or shall do anyother act with intent to, or necessarily tending to the spread of such disease,into any neighborhood or locality, shall be deemed guilty of a misdemeanor, andupon conviction thereof before any court of competent jurisdiction shall befined in any sum not more than five hundred dollars ($500.00), or imprisoned inthe county jail not exceeding six (6) months, or by both fine and imprisonment;and the court trying any such offender may also include in any judgmentrendered, an order to the effect that the clothing or other property infectedbe burned or otherwise destroyed, and shall have power to carry such order intoeffect.

 

35-4-110. Spreading contagious disease; liability for damages in civilaction.

 

Anyperson guilty of violating the provisions of W.S. 35-4-109, in addition to thepenalties therein prescribed, shall be liable in a civil action in damages toany and all persons, who may, from that cause, become infected with suchcontagious disease; said damages shall be so assessed as to include, inaddition to other damages, all expenses incurred by reason of such sickness,loss of time and burial expenses; and such action may also be maintained by therepresentative of any deceased person.

 

35-4-111. Reporting of Reye's Syndrome.

 

Everyhospital or local health officer shall immediately report every diagnosed caseof Reye's Syndrome to the state health officer of the department of health.

 

35-4-112. Right of appeal of quarantine.

 

(a) Any person who has been quarantined pursuant to this actmay appeal to the district court at any time for release from the quarantine.The court may hold a hearing on the appeal after notice is provided to thestate health officer at least seventy-two (72) hours prior to the hearing. After the hearing, if the court finds that the quarantine is not reasonablynecessary to protect the public health, it shall order the person released fromquarantine. The burden of proof for the need for the quarantine shall be onthe state health officer, except that in the case of bona fide scientific ormedical uncertainty the court shall give deference to the professional judgmentof the state health officer unless the person quarantined proves by apreponderance of the evidence that the quarantine is not reasonably necessaryto protect the public health.

 

(b) Any person quarantined shall have the right to communicateby telephone or any other available electronic means, but the state healthofficer may, in order to protect the public health, deny the quarantinedperson's right to meet in person with any person not subject to the quarantine,except that a parent or legal guardian may upon request be quarantined with theminor patient.

 

(c) In the event of a public health emergency of unknowneffect, the state health officer may impose a temporary quarantine until thereis sufficient information to determine what actions, if any, are reasonablyneeded to protect the public health.

 

35-4-113. Treatment when consent is not available; quarantine.

 

(a) Except as provided by subsection (b) of this section, W.S.14-4-116 and 21-4-309, the state health officer shall not subject any person toany vaccination or medical treatment without the consent of the person.

 

(b) During a public health emergency, the state health officermay subject a person to vaccination or medical treatment without consent in thefollowing circumstances:

 

(i) If the parent, legal guardian or other adult personauthorized to consent to medical treatment of a minor child cannot be locatedand consulted and the vaccination of or medical treatment for the minor childis reasonably needed to protect the public health or protect the minor childfrom disease, death, disability or suffering;

 

(ii) If the person authorized to consent on behalf of anincompetent person cannot be located and consulted and the vaccination of ormedical treatment for the incompetent person is reasonably needed to protectthe public health or protect the incompetent person from disease, death,disability or suffering.

 

(c) If a person withholds or refuses consent for himself, aminor or other incompetent when the vaccination or medical treatment isreasonably needed to protect the health of others from a disease carrying therisk of death or disability, then the person for whom the vaccination ormedical treatment is refused may be quarantined by the state health officer.

 

35-4-114. Immunity from liability.

 

(a) During a public health emergency as defined by W.S.35-4-115(a)(i), any health care provider or other person who in good faithfollows the instructions of the state health officer in responding to thepublic health emergency is immune from any liability arising from complyingwith those instructions. This immunity shall apply to health care providers whoare retired, who have an inactive license or who are licensed in another statewithout a valid Wyoming license and while performing as a volunteer during adeclared public health emergency as defined by W.S. 35-4-115(a)(i). Thisimmunity shall not apply to acts or omissions constituting gross negligence orwillful or wanton misconduct.

 

(b) The licensing boards for any health care provider holding apermit or license as a health care provider regulated under title 33 of theWyoming statutes shall provide by rule and regulations for the temporarylicensure of health care providers during a public health emergency as declaredby the governor pursuant to W.S. 35-4-115(a)(i). If necessary during a declaredpublic health emergency, the state health officer may issue temporary practicelicenses to health care providers who are retired, who have an inactive licenseor who are licensed in another state without a valid Wyoming license pendingaction on an application for issuance of a temporary license by the appropriatelicensing board pursuant to this subsection.

 

(c) All temporary health care provider licenses issued by thestate health officer under subsection (b) of this section shall terminate automaticallyupon declaration by the governor, pursuant to W.S. 35-4-115(a)(i), that thepublic health emergency has ended.

 

35-4-115. Definitions.

 

(a) As used in this article:

 

(i) "Public health emergency" means an occurrence orimminent threat of an illness or health condition caused by an epidemic orpandemic disease, a novel and highly fatal infectious agent or a biologicaltoxin that poses a substantial risk of a significant number of human fatalitiesor incidents of permanent or long-term disability. The governor shall declarewhen a public health emergency exists or has ended;

 

(ii) "Quarantine" means:

 

(A) The physical separation and confinement of an individual orgroup of individuals that has been, or may have been, exposed to, or isreasonably believed to be infected with, a contagious or possibly contagiousdisease, from nonquarantined individuals, to prevent or limit the transmissionof the disease to nonquarantined individuals;

 

(B) The isolation of a geographic area where individuals are locatedwho have been or are reasonably believed to have been exposed to or infected bya contagious or possibly contagious disease; or

 

(C) The physical separation and confinement of an individual orgroup of individuals or the isolation of a geographic area where a publichealth emergency of unknown effect has occurred or is reasonably believed tohave occurred.

 

35-4-130. Declared contagious and dangerous to health; list ofreportable diseases established by department of health; violation of W.S.35-4-130 through 35-4-134; penalty.

 

 

(a) Sexually transmitted diseases as included within the listof reportable diseases of the department of health are contagious, infectious,communicable and dangerous to public health.

 

(b) The department of health shall by rule and regulationdevelop a list of reportable sexually transmitted diseases including allvenereal diseases and acquired immune deficiency syndrome. The list shall beavailable to all physicians, health officers, hospitals and other health care providersand facilities within the state.

 

(c) Any person violating W.S. 35-4-130 through 35-4-134 orfailing or refusing to comply with any order lawfully issued under W.S.35-4-130 through 35-4-134 is guilty of a misdemeanor punishable by a fine ofnot more than seven hundred fifty dollars ($750.00), imprisonment for not morethan six (6) months, or both.

 

35-4-131. Consent of minors to treatment; treatment of infected orexposed persons; immunity from liability.

 

 

(a) Persons under eighteen (18) years of age may give legalconsent for examination and treatment for any sexually transmitted diseaseinfection.

 

(b) For the protection of public health, a physician, healthofficer or other person or facility providing health care in accordance withstate or federal law shall for any individual regardless of age, sex, race orcolor:

 

(i) If reasonably suspected of being infected with any sexuallytransmitted disease, administer, refer for or recommend appropriate andadequate treatment;

 

(ii) If exposed to any sexually transmitted disease, recommendor offer treatment.

 

(c) Physical examination and treatment by a licensed physicianor other qualified health care provider of a person under eighteen (18) yearsof age consenting to examination or treatment is not an assault or an assaultand battery upon that person.

 

35-4-132. Report required of health care providers, facilities andlaboratories; notification; confidentiality of information.

 

 

(a) A physician or other health care provider diagnosing or treatinga case of sexually transmitted disease, the administrator of a hospital,dispensary, charitable or penal institution or any other health care facilityin which there is a case of sexually transmitted disease and the administratoror operator of a laboratory performing a positive laboratory test for sexuallytransmitted disease shall report the diagnosis, case or positive test resultsto both the department of health and the appropriate health officer in a formand manner directed by the department. Health care providers and facilitiesshall cooperate with and assist the department and health officers inpreventing the spread of sexually transmitted disease.

 

(b) The department of health shall compile the number ofreported cases within the state.

 

(c) Any physician or other health care provider and anyadministrator or operator of a health care facility or laboratory reporting adiagnosis, case or positive test result pursuant to subsection (a) of thissection shall notify any health care professional and health care employeereasonably expected to be at risk of exposure to a dangerous orlife-threatening sexually transmitted disease and involved in the supervision,care and treatment of an individual infected or reasonably suspected of being infectedwith a dangerous or life-threatening sexually transmitted disease.

 

(d) Information and records relating to a known or suspectedcase of sexually transmitted disease which has been reported, acquired andmaintained under W.S. 35-4-130 through 35-4-134 are confidential and except asotherwise required by law, shall not be disclosed unless the disclosure is:

 

(i) For statistical purposes, provided that the identity of theindividual with the known or suspected case is protected;

 

(ii) Necessary for the administration and enforcement of W.S.35-4-130 through 35-4-134 and department rules and regulations related to thecontrol and treatment of sexually transmitted diseases;

 

(iii) Made with the written consent of the individual identifiedwithin the information or records; or

 

(iv) For notification of health care professionals and healthcare employees pursuant to subsection (c) of this section as necessary toprotect life and health.

 

35-4-133. Examination and treatment of infected persons; treatment atpublic expense; notification of exposed individuals; suppression ofprostitution.

 

 

(a) Upon receipt of a report or notice of a case or areasonably suspected case of sexually transmitted disease infection, a healthofficer within his respective jurisdiction:

 

(i) May isolate the individual in accordance with existingstandards of medical practice;

 

(ii) If examination has not been performed, may provide for theexamination of the infected individual or the individual reasonably suspectedof suffering from a sexually transmitted disease and shall report theexamination results to the individual;

 

(iii) May require the infected individual to seek adequatetreatment or, subject to subsection (d) of this section, may require theindividual to submit to treatment at public expense; and

 

(iv) May arrange for education and counseling of the infectedindividual as to the medical significance of the sexually transmitted disease.

 

(b) To the extent possible, the health officer shall identifyany other person with whom the infected individual has had contact which mayhave resulted in significant exposure of that person to a dangerous orlife-threatening sexually transmitted disease. For purposes of thissubsection, "significant exposure" means:

 

(i) Contact of an emergency medical services provider's brokenskin or mucous membrane with the infected individual's blood or bodily fluidsother than tears or perspiration;

 

(ii) That a needle stick, or scalpel or other instrument woundhas occurred in the process of caring for the infected individual;

 

(iii) Sexual contact;

 

(iv) Exposure that occurs by any other method of transmissiondefined by the department as a significant exposure; or

 

(v) Exposure that occurs during the course of examination ortreatment by dental care providers.

 

(c) To the extent possible, a health officer shall make everyreasonable effort to notify any person identified in subsection (b) of this sectionof his possible exposure to a sexually transmitted disease. Such notificationshall include the name of the sexually transmitted disease to which the personmay have been exposed, the approximate date of possible exposure, and shalladvise the person of the nature of the disease and sources for education andcounseling as to the medical significance of the disease. The health officershall not provide information as to the specific identity of the infectedindividual unless the health officer has received written authorization forrelease of information from the infected individual.

 

(d) Public funds appropriated for treatment of any individualinfected with a sexually transmitted disease shall be spent in accordance withpriorities established by the department of health. In establishingpriorities, the department shall consider the treatment's cost, effectiveness,curative capacity and public health benefit to the state.

 

(e) A health officer shall investigate sources of sexuallytransmitted disease, cooperate with the proper law enforcement officials inenforcing laws against prostitution and otherwise assist in the suppression ofprostitution.

 

(f) Upon receipt of information documenting an actual exposureof a health care worker as provided in paragraphs (b)(i) and (ii) of thissection to blood or body fluids of a patient where the exposure could lead to acommunicable disease infection which is capable of transmission by blood orother body fluids, a health care provider acting within his scope of practicemay order appropriate testing to be performed on a specimen from the patient bya duly licensed and accredited laboratory. If the patient's specimen is notavailable for testing, a health care provider acting within his scope of practice,or county health officer may, with the patient's consent, order the necessarytesting according to the rules and regulations promulgated by the Wyomingdepartment of health. If the patient does not consent to testing, the countyhealth officer or the authority responsible for the care of the patient mayapply to the district court for an order to have the necessary testingperformed. Test results will be kept confidential and will be reported by thehealth care provider in accordance with W.S. 35-4-130 through 35-4-134. Reports to the department of health shall be made on an official state diseasecase report form or the report may be made by telephone with confirmation bythe written form. For purposes of this section, "health care worker" meansall personnel involved in the care of a patient, including first responders,such as law enforcement officers, rescue personnel and those acting as goodsamaritans.

 

35-4-134. Examination and treatment of prisoners.

 

 

(a) Any individual confined or imprisoned in any state penalinstitution, county or city jail or any community correctional facility shallbe examined for sexually transmitted diseases by the appropriate health officeror his qualified designee.

 

(b) To suppress the spread of sexually transmitted diseaseamong the confined population, the health officer or his qualified designeemay:

 

(i) Isolate prisoners infected with a treatable illness withinthe facility and require them to report for treatment by a licensed physician;or

 

(ii) In the case of an individual infected with a noncurablesexually transmitted disease, provide for the minimum care and treatment of theindividual pursuant to rules promulgated by the department of health with theadvice of the department of corrections.

 

(c) Nothing herein contained shall be construed to interferewith the service of any sentence imposed by a court as a punishment for thecommission of a crime.

 

35-4-135. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-136. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-137. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-138. Introduction of solution in eyes of newborn child byattending physician.

 

Itshall be the duty of every practicing or licensed physician in the state ofWyoming, when attending the birth of a child, to introduce or cause to beintroduced into the eyes of the newborn infant a stable solution or ointment ofa broad spectrum antibiotic as prescribed by the state department of health. Provided, that this section shall not apply in cases where the parents arereligiously opposed to the use of drugs and so inform the attending physician.

 

35-4-139. Childhood immunizations.

 

The department of health through rule andregulation shall develop and implement a program to provide vaccines for allchildren of Wyoming residents who are not federally vaccine eligible childrenas defined in 42 U.S.C. 1396s(b)(2) or subsequent similar federal enactment. Vaccines provided pursuant to this section shall include those determined to benecessary for the healthy development of children and prescribed in rules andregulations of the department based on recommendations from an advisory groupwhich the department director shall appoint consisting of a representative ofan organization representing physicians licensed in Wyoming, at least one (1)pediatric physician licensed in Wyoming and at least one (1) family physicianlicensed in Wyoming.

 

ARTICLE 2 - PROTECTION OF PUBLIC WATER SUPPLY

 

35-4-201. Department of health to cooperate with municipalauthorities, corporations and persons as to water, drainage and sewage;definitions of "drainage" and "sewage".

 

Thedepartment shall consult with and advise the authorities of cities and townsand persons having or about to have systems of water supply, drainage andsewage as to the most appropriate source of water supply and the best methodassuring its purity or as to the best method of disposing of their drainage orsewage with reference to the existing and future needs of other cities, townsor persons which may be affected thereby. It shall also consult with and adviseall corporations, companies or persons engaged or intending to engage in anymanufacturing or other business whose drainage or sewage may tend to polluteany inland water as to the best method of preventing such pollution, and it mayconduct experiments to determine the best methods of the purification ordisposal of drainage or sewage. Cities, towns and all other corporations,companies or persons shall submit to the department for its advice and approvaltheir proposed system of water supply or of the disposal of drainage or sewage,and no city, town or persons or company shall proceed to build or install orenlarge or extend any system of water supply, drainage or sewage disposal,without first obtaining the approval of the state department of health. In thissection the term "drainage" means rainfall, surface and subsoil wateronly, and "sewage" means domestic and industrial filth and waste.

 

35-4-202. Contamination of streams by sawmills, mining operations, orother manufacturing or industrial works prohibited; penalty; exceptions;special permits.

 

Anyowner or owners of any sawmill, reduction works, smelter, milling, refining orconcentration works, or other manufacturing or industrial works, or any agent,servant or employee thereof, or any person or persons whomsoever, who shallthrow or deposit in, or in any way permit to pass into any natural stream orlake within the state, wherein are living fish, any sawdust, chemicals,mill-tailing, or other refuse matter of deleterious substance or poisons of anykind or character whatsoever, that will or may tend to the destruction ordriving away from such waters any fish, or kill or destroy any fish therein, orthat will or may tend to pollute, contaminate, render impure or unfit fordomestic, irrigation, stock or other purposes for which appropriated and used,the waters of any such natural streams or lake, or that will or may tend toobstruct, fill in or otherwise interfere with the flow, channel or condition ofsuch streams, lake or waters, shall be deemed guilty of a misdemeanor and uponconviction thereof shall be fined not less than fifty dollars ($50.00) or morethan one hundred dollars ($100.00) or shall be imprisoned in the county jailfor not less than thirty (30) days nor more than six (6) months, or by bothsuch fine and imprisonment for each offense; and where any of the foregoing unlawfulacts are committed continuously, each of the days upon which committed shall betreated and considered as a separate and distinct offense; provided, thatnothing in this section or W.S. 23-3-204 shall apply to the slag from smelterfurnaces; provided further, that nothing in this section nor in any of theother laws of this state shall prevent the owner or owners of any mill,concentration works, reduction works or tailings pond or basin used inconnection therewith, in this state, now or hereafter to be located upon anynatural stream, or lake, from operating said mill, concentration works,reduction works or tailings pond or basin used in connection therewith, wherethe said owner or owners thereof shall build or cause to be built a dam or damsfor settling purposes; provided however that before any dam or dams shall bebuilt for any such purposes, the director of the state department of health,the state game and fish commissioner [director of the game and fish department]and the state engineer, acting as a joint committee and each member casting avote of his department, shall review such plans and according to their findingsshall approve or disapprove such plans for preventing any deleterioussubstances from entering any waters beyond the project area; provided, thatwhenever a majority of the landowners on any irrigation stream shall petitionthe state game and fish commissioner to allow sawdust to be put in any streamthat does not reach a main body of water or living stream he shall have the powerto grant such permits.

 

35-4-220. Definitions.

 

 

(a) The following words as used in this act, unless a differentmeaning is required by the context or is specifically prescribed, shall havethe following meaning:

 

(i) "Service connection" shall mean and include anywater line or pipe connected to a distribution supply main or pipe for thepurpose of conveying water to a building or dwelling;

 

(ii) "Sanitary public water supply" shall mean andinclude any water supply being distributed by ten (10) or more serviceconnections, such connections being utilized to furnish water for humanconsumption either in preparing foods or beverages for inhabitants ofresidences or business establishments;

 

(iii) "United States public health service drinking waterstandards" shall mean and include the standards prescribed by the UnitedStates public health service for the quality of water on interstate carriers,provided further that the section of these standards pertaining to physical andchemical characteristics of water shall not be included in these standards forthe purpose of this act.

 

35-4-221. Periodical bacteriological analysis of water required.

 

 

(a) It shall be the duty and responsibility of any public orprivate utility engaged in the development, storage and distribution of asanitary public water supply to provide for the safety and purity of suchsupply to every service connection and to collect samples of such water forbacteriological analysis at least once monthly or oftener as required by thestate board of health. Such collection shall be made in special containersfurnished for this purpose by the state health department division oflaboratories and shall be returned to this laboratory for examination. Suchexamination and reporting of results shall comply with the procedures outlinedin the United States public health service drinking water standards. Theresults of such analysis shall be reported to the owners or persons responsiblefor the operation of the sanitary public water supply.

 

(b) When the water from such water supply has been determinedby laboratory examination, inspection and report of the state department ofhealth to be unsafe for human consumption as determined by the United Statespublic health service drinking water standards, the owners or personsresponsible for the operation of such water supply shall take immediate actionto correct sanitary defects, improve operation, provide necessary watertreatment, or make any other changes or additions necessary to provideassuredly safe water.

 

35-4-222. Notice of danger to health.

 

Whenever,in the opinion of the state department of health, investigations indicate thatthe water from a water supply as described in this act would endanger thehealth of the water consumers, the department shall give written notice to theowners or persons responsible for the operation of such sanitary public watersupply, specifying the cause of the danger to the health of the waterconsumers.

 

35-4-223. Liability for damages.

 

Compliancewith the requirements of this act shall in no way release the owners or personsresponsible for the operation of a sanitary public water supply from anyliability for damage to persons or property caused by or resulting from theinstallation, operation or maintenance of a sanitary public water supply.

 

35-4-224. Standards for mobile home parks eliminated.

 

Thedepartment of health has no authority to regulate, or to promulgate or enforcerules, regulations or standards regulating the design and construction ofsewerage and water facilities within a mobile home park. This does not precludethe department from promulgating and enforcing rules and regulations orstandards regulating the health of persons within a mobile home park andinspecting sewerage and water facilities within a mobile home park uponcompletion of the construction of such facilities.

 

ARTICLE 3 - RADIOACTIVE ISOTOPES OR MATERIAL

 

35-4-301. Repealed by Laws 1993, ch. 59, 1.

 

 

35-4-302. Repealed by Laws 1993, ch. 59, 1.

 

 

35-4-303. Repealed by Laws 1993, ch. 59, 1.

 

 

ARTICLE 4 - FEDERAL MATERNITY BENEFITS

 

35-4-401. Federal provisions accepted.

 

Thestate of Wyoming hereby accepts the provisions of the act of congress of theUnited States approved November 23, 1921, entitled: "An act for thepromotion of the welfare and hygiene of maternity and infancy, and for otherpurposes".

 

35-4-402. Cooperation with federal bureau.

 

Thestate department of health is hereby directed to cooperate with the federalchildren's bureau in the administration of the benefits of the act of congressaforesaid, and to do all things necessary to entitle the state of Wyoming toreceive all the benefits of said act.

 

35-4-403. Custodian of funds.

 

Thetreasurer of the state of Wyoming is hereby designated as the custodian of allfunds allotted to the state of Wyoming from appropriations made by congressunder or in pursuance of said act, and he shall receive and provide for theproper custody and disbursement of the same in accordance with law.

 

ARTICLE 5 - BLOOD TESTS FOR PREGNANT WOMEN

 

35-4-501. Definition of standard serological test; cost.

 

Forthe purposes of this act, a standard serological test shall be a test forsyphilis approved by the state department of health, and shall be performed ina laboratory approved by the state department of health. Such laboratory testsas are required by this act shall be performed on request without charge at thestate department of health laboratory.

 

35-4-502. Duty of attending physician.

 

Everyphysician licensed to practice medicine attending a pregnant woman in the statefor conditions relating to her pregnancy during the period of gestation or atdelivery shall take, or cause to be taken, a sample of blood of such woman atthe time of her first professional visit or within ten (10) days thereafter.The blood specimen thus obtained shall be submitted to an approved laboratoryfor a standard serological test for syphilis. Every other person permitted bylaw to attend pregnant women in the state but not permitted by law to takeblood samples, shall cause a sample of blood of such pregnant women to be takenby a physician duly licensed to practice medicine and have such samplesubmitted to an approved laboratory for a standard serological test forsyphilis.

 

35-4-503. Report of birth; statement as to blood test.

 

Inreporting every birth and stillbirth, physicians and others required to makesuch reports shall state on the certificate whether a blood test for syphilishas been made upon a specimen of blood taken from the woman who bore the childfor which a birth or stillbirth certificate is filed, and the approximate datewhen the specimen was taken. In no event shall the birth certificate state theresult of the test.

 

35-4-504. Penalty.

 

Anylicensed physician and surgeon, or other person, engaged in attendance upon apregnant woman during the period of gestation and/or at delivery, or anyrepresentative of a laboratory who violates the provisions of this act shall beguilty of a misdemeanor, and upon conviction thereof shall be fined not toexceed one hundred dollars ($100.00); provided, however, every licensedphysician and surgeon or other person engaged in attendance upon a pregnantwoman during the period of gestation or at delivery, who requests such specimenin accordance with the provisions of W.S. 35-4-502, and whose request isrefused, shall not be guilty of a misdemeanor.

 

35-4-505. Enforcement.

 

Thedistrict attorneys for the several counties in the state shall prosecute forviolation of this act as for other crimes and misdemeanors.

 

ARTICLE 6 - DISPOSAL OF UNCLAIMED HUMAN BODIES

 

35-4-601. Delivery of unclaimed bodies for anatomical study.

 

Anymember of the following boards or officers to-wit: The board of health of anycity, town or county in the state; the mayor or common council of any city, andthe officers or board having direction or control of any almshouse, prisonhospital, house of correction or jail, in the state, shall, when so requested,surrender the dead bodies of such persons as may be required to be buried atthe public expense, to any regularly licensed physician or dentist or medicalcollege in the state, in accordance with such rules as may be prescribed by thestate department of health; such bodies to be used by said physician, dentistor medical college, for the advancement of anatomical science; preference beinggiven to the faculty of any legally organized state medical college or schoolof anatomy, for their use in the instruction of medical students; provided thatin no case shall the faculties or other officers of such medical college orschool of anatomy require or receive from any medical student or students, forsuch body so furnished therein, any sum of money in excess of the actual costof procuring the same.

 

35-4-602. Exceptions as to certain bodies.

 

 

(a) No such body shall in any case be surrendered if:

 

(i) The deceased in his or her last illness requested to be notdissected; or

 

(ii) If within forty-eight (48) hours after his or her death,any person of kindred or a friend of the deceased shall request the body forburial; or

 

(iii) If such deceased was a stranger or a traveler who diedsuddenly before making himself or herself known; or

 

(iv) If such deceased person was honorably discharged from anyarm of the military or naval service of the United States.

 

35-4-603. Restriction upon use of bodies; bond required of applicant;prohibited acts.

 

Itshall not be lawful for any person so receiving dead bodies to use the same,except for the prosecution of anatomical science, or elsewhere than in thisstate; and the state department of health in its rules and regulations inregard to the distribution of the same, may require each applicant to furnish agood and sufficient bond that the provisions of this act will be observed.Whosoever shall use said body for any other purpose, or shall remove the samebeyond the limits of the state, or whosoever shall traffic, trade or deal withsaid bodies for a commercial purpose shall be deemed guilty of a misdemeanorand shall be fined, on conviction, not less than one hundred dollars ($100.00)and be imprisoned in the county jail for a period of not less than thirty (30)days or more than one (1) year; the fine accruing from said conviction to bepaid to the school fund of the county, wherein such offense was committed.

 

35-4-604. Penalty for refusing to deliver body.

 

Anyofficer refusing to deliver the remains or dead body of the deceased person,when demanded in accordance with the provisions of this act and the rules andregulations set forth by the state department of health, shall pay a penalty ofnot less than fifty dollars ($50.00), nor more than one hundred dollars($100.00); such penalties to be sued for by the department of health as thecase may be.

 

35-4-605. Burial or cremation after use.

 

Itshall be the duty of all parties, who may secure dead bodies under provisionsof this act, to bury the same decently in some public cemetery within areasonable time after dissection, or cremate the same or make such otherdisposition as may be prescribed by the state department of health. For anyviolation of this provision, the party or parties so neglecting shall onconviction, forfeit or pay a penalty of not less than fifty dollars ($50.00),nor more than one hundred dollars ($100.00), or be imprisoned in the countyjail not less than six (6) months nor more than twelve (12) months or both, atthe discretion of the court; such penalties to be sued for by the schoolofficers or anyone interested therein, for the benefit of the school fund ofthe county in which the offense shall have been committed.

 

35-4-606. Rules and regulations.

 

Thestate department of health shall, within thirty (30) days after passage of thisact, promulgate rules and regulations as called for by W.S. 35-4-601.

 

35-4-607. Who may have bodies in possession.

 

Any regularly licensed physician or dentist of the state,any medical student who is a regular matriculate of a recognized medicalcollege, under authority of such physician, or any person authorized by theRevised Uniform Anatomical Gift Act may have in his possession human deadbodies, or parts thereof, lawfully obtained, for the purpose of anatomicalinquiry or dissection.

 

ARTICLE 7 - SANITARY FACILITIES FOR MOTION PICTURE OPERATORS

 

35-4-701. Running water and toilet facilities to be provided.

 

Itshall be the duty of every person who, in any city or town in this state, usesany theater, hall, or other building, having a seating capacity of one hundred(100) or more, for the purpose of exhibiting motion pictures, to providerunning water and toilet facilities in the room used by any cinematographoperator. Such facilities shall include a flush tank toilet and wash basin.Provided, however, that wherever a sewer system is not available for theservice of such building, the facilities to be provided shall be such as areacceptable to the county health officer of the county in which such building issituated.

 

35-4-702. Penalty.

 

Itshall be unlawful for any person to use any building in this state for theexhibition of motion pictures on or after the first day of October, 1933,without having complied with the provisions of W.S. 35-4-701, and any person sousing such building after said date shall be deemed guilty of a misdemeanor andupon conviction thereof shall be fined not less than twenty-five dollars($25.00), nor more than one hundred dollars ($100.00) for each offense. Eachday during which any person shall so use any building in violation of theprovisions of W.S. 35-4-701 shall be deemed a separate offense.

 

35-4-703. Exception.

 

Theprovisions of this act shall not apply to such buildings as are not usedprimarily for the exhibition of motion pictures.

 

ARTICLE 8 - NEWBORN SCREENING

 

35-4-801. Screening required for detection of genetic and metabolicdiseases and hearing defects in newborn children; conduct of screening;exceptions; fees.

 

(a) Every child born in the state of Wyoming, within three (3)to five (5) days for full term children and five (5) to eight (8) days forpremature children following birth unless a different time period is medicallyindicated, shall be given medical examinations for detection of remedial inbornerrors of metabolism, major hearing defects and any other metabolic or geneticdiseases pursuant to subsection (b) of this section. The screening shall beconducted in accordance with accepted medical practices and in the mannerprescribed by the state department of health.

 

(b) The specific tests to be done shall be determined by acommittee consisting of the following:

 

(i) The state health officer in the department of health;

 

(ii) The president of the Wyoming state medical society;

 

(iii) A member designated by the Wyoming state pediatric society;

 

(iv) A member designated by the Wyoming obstetric/gynecologicalsociety.

 

(c) Informed consent of parents shall be obtained and if anyparent or guardian of a child objects to a mandatory examination the child isexempt from subsection (a) of this section. The department of health shallprovide educational information to healthcare providers for distribution to theparent containing information on the testing procedures, the diseases beingscreened and the consequences of screening or nonscreening.

 

(d) Following consultation with the committee described insubsection (b) of this section, the department of health may provide by ruleand regulation for the assessment of a fee, payable to the department, to coverthe reasonable cost of the screenings required by this section. Fees collectedpursuant to this subsection shall be deposited into a separate account and arecontinuously appropriated to the department of health for purposes of thenewborn screening program required by this section.

 

35-4-802. Rules and regulations.

 

(a) The state department of health shall make all rules andregulations necessary for:

 

(i) Dissemination of the provisions of W.S. 35-4-801 to allhospitals and physicians within the state; and

 

(ii) Implementation of W.S. 35-4-801, as amended.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter4

CHAPTER 4 - HEALTH REGULATIONS GENERALLY

 

ARTICLE 1 - COMMUNICABLE DISEASES

 

35-4-101. Department of health to prescribe rules and regulations;penalty for violation; resisting or interfering with enforcement.

 

Thestate department of health shall have the power to prescribe rules andregulations for the management and control of communicable diseases. Anypersons violating or refusing to obey such rules and regulations or resistingor interfering with any officer or agent of the state department of healthwhile in the performance of his duties shall be deemed guilty of a misdemeanor andupon conviction thereof, shall be punished by the imposition of such penalty asmay be provided by law. Or in the discretion of the court said person may bepunished by a fine of not more than one hundred dollars ($100.00) orimprisonment not exceeding thirty (30) days, or both such fine andimprisonment.

 

35-4-102. Liability of county for medical services; indigent patients.

 

Therespective counties of the state shall not be liable for the payment of anyclaim for service rendered by any physician in the treatment of contagiousdiseases, unless such treatment shall be for the care of indigent persons whoare a public charge.

 

35-4-103. Investigation of diseases; quarantine; regulation of travel;employment of police officers to enforce quarantine; report of county healthofficer; supplies and expenses.

 

Thedepartment of health shall, immediately after the receipt of information thatthere is any smallpox, cholera, scarlet fever, diphtheria or other infectiousor contagious disease, which is a menace to the public health, in any portionof this state, order the county health officer to immediately investigate thecase and report to the state health officer the results of the investigation.The state health officer shall, subject to W.S. 35-4-112 and if in his judgmentthe occasion requires, direct the county health officer to declare the infectedplace to be in quarantine. The county health officer shall place anyrestrictions upon ingress and egress at this location as in his judgment or inthe judgment of the state health officer are necessary to prevent the spread ofthe disease from the infected locality. The county health officer shall upondeclaring any city, town or other place to be in quarantine, control thepopulation of the city, town or other place as in his judgment best protectsthe people and at the same time prevents the spread of the disease. Ifnecessary for the protection of the public health and subject to W.S. 35-4-112,the state health officer shall establish and maintain a state quarantine andshall enforce practical regulations regarding railroads or other lines oftravel into and out of the state of Wyoming as necessary for the protection ofthe public health. The expenses incurred in maintaining the state quarantineshall be paid out of the funds of the state treasury appropriated for thispurpose and in the manner in which other expenses of the department are auditedand paid. The county health officer or the department may employ a sufficientnumber of police officers who shall be under the control of the county healthofficer, to enforce and carry out any quarantine regulations the department mayprescribe. The regulations shall be made public in the most practicable mannerin the several counties, cities, towns or other places where the quarantine isestablished. If the quarantine is established by the county health officer, heshall immediately report his actions to the state health officer. The countyhealth officer shall furnish all supplies and other resources necessary for maintainingthe quarantine. Upon certificate of the county health officer approved by thedirector of the state department of health, the county commissioners of anycounty where a quarantine has been established shall issue warrants to theproper parties for the payment of all expenses, together with the expense ofemploying sufficient police force, to maintain and enforce the quarantine. Forpurposes of this act, "state health officer" means as defined in W.S.9-2-103(e).

 

35-4-104. Quarantine regulations generally; modification orabrogation.

 

Incase of the existence of smallpox, cholera, typhoid fever, scarlet fever,diphtheria, or any infectious or contagious disease, including venerealdiseases, that is a menace to public health, or of any epidemic of any suchdisease, the state health officer may, if he deems proper, proceed to thelocality where such disease exists, and make such investigation as is necessaryto ascertain the cause therefor, and in case of quarantine established by thecounty health officer, the state health officer shall have power after closepersonal inspection, to modify or abrogate any or all quarantine regulationsafter the same have been established.

 

35-4-105. Escape from quarantine deemed crime; punishment.

 

Anyperson or persons confined in any quarantine established in this state underthe provisions of this act who shall escape therefrom or attempt to escapetherefrom, without having been dismissed upon the certificate or authority ofthe county health officer may be charged with a crime and shall be quarantinedfor tuberculosis or other emergent disease or condition that might posecomparable risk for transmission in the absence of strict quarantine, andconfined to a site designated by the state health officer and the director ofthe department of health until such disease is cured or becomes inactive ornoninfectious. Upon conviction of a violation of this section, a person may bepunished by a fine of not more than five hundred dollars ($500.00) orimprisonment for not more than one (1) year.

 

35-4-106. Vaccination for smallpox; penalty for refusal.

 

Thestate department of health may adopt such measures for the general vaccinationof the inhabitants of any city, town or county in the state, as they shall deemproper and necessary to prevent the introduction or arrest the progress ofsmallpox; and every person who shall refuse to be vaccinated, or prevent anyperson under his care and control from being vaccinated, or who shall fail topresent himself or herself to the county health officer or a practicingphysician acting under the direction of the department or county healthofficer, for the purpose of being vaccinated, if such physician believesvaccination necessary, shall upon conviction be fined not more than one hundreddollars ($100.00) or less than ten dollars ($10.00) or imprisoned in the countyjail not more than thirty (30) days.

 

35-4-107. Report required of physician; record of each case to bekept; duty of individuals to report diseases.

 

(a) Pursuant to department of health rules and regulations, thestate health officer or his designee shall publish a list of communicablediseases or conditions to be reported by licensed physicians and laboratoriesin the state. It shall be the duty of every practicing or licensed physician orother health care provider as provided by department rules and regulations inthe state of Wyoming to report immediately to the state health officer or hisdesignee in the manner established by department rule and regulation through publishedreporting procedures provided to each licensed physician or laboratory. Thestate health officer or his designee shall collect and provide informationwhich may include the name of the person suffering from disease only to thecounty health officer or health representatives where disease control effortsare required. For purposes of this section, "health representatives"means those health care workers assigned by federal, state or local healthauthorities to assist with disease control and investigation efforts under thedirect supervision of the state health officer or his designee and local countyhealth officer. Any person knowing of a case of a serious contagious orinfectious disease, not under the care of a physician, may report the same to thestate health officer or his designee or the health officer of the county inwhich the disease exists.

 

(b) Pursuant to department of health rules and regulations,there may be a review of medical records by the state health officer, hisdesignee or their designated health care representatives who shall be under thedirect supervision of the state health officer or his designee to confirmdiagnosis, investigate causes or identify other cases of disease conditions ina region, community or workplace in the state to determine if proper measureshave been taken to protect public health and safety. Notwithstanding otherprovisions of state law, the review of records may occur without patientconsent, but shall be kept confidential and shall be restricted to informationnecessary for the control, investigation and prevention of disease conditionsdangerous to the public health. Any person who receives medical informationunder this subsection shall not disclose that information for any other purposeother than for purposes of the investigation and disease control efforts. Anyviolation of this subsection is a misdemeanor punishable by imprisonment fornot more than six (6) months, a fine of not more than one thousand dollars($1,000.00), or both.

 

35-4-108. Penalty for failure to report or for false report.

 

Anypracticing, licensed physician or other person required to report who fails toreport to the state health officer or his designee any case of disease in themanner provided in W.S. 35-4-107, or who willfully makes any false reportregarding any case, shall be guilty of a misdemeanor, punishable by a fine ofnot more than one thousand dollars ($1,000.00), or imprisonment in the countyjail not more than six (6) months, or both.

 

35-4-109. Spreading contagious disease; prohibited.

 

Anyperson who shall knowingly have or use about his premises, or who shall conveyor cause to be conveyed into any neighborhood, any clothing, bedding or othersubstance used by, or in taking care of, any person afflicted with the smallpoxor other infectious or contagious disease, or infected thereby, or shall do anyother act with intent to, or necessarily tending to the spread of such disease,into any neighborhood or locality, shall be deemed guilty of a misdemeanor, andupon conviction thereof before any court of competent jurisdiction shall befined in any sum not more than five hundred dollars ($500.00), or imprisoned inthe county jail not exceeding six (6) months, or by both fine and imprisonment;and the court trying any such offender may also include in any judgmentrendered, an order to the effect that the clothing or other property infectedbe burned or otherwise destroyed, and shall have power to carry such order intoeffect.

 

35-4-110. Spreading contagious disease; liability for damages in civilaction.

 

Anyperson guilty of violating the provisions of W.S. 35-4-109, in addition to thepenalties therein prescribed, shall be liable in a civil action in damages toany and all persons, who may, from that cause, become infected with suchcontagious disease; said damages shall be so assessed as to include, inaddition to other damages, all expenses incurred by reason of such sickness,loss of time and burial expenses; and such action may also be maintained by therepresentative of any deceased person.

 

35-4-111. Reporting of Reye's Syndrome.

 

Everyhospital or local health officer shall immediately report every diagnosed caseof Reye's Syndrome to the state health officer of the department of health.

 

35-4-112. Right of appeal of quarantine.

 

(a) Any person who has been quarantined pursuant to this actmay appeal to the district court at any time for release from the quarantine.The court may hold a hearing on the appeal after notice is provided to thestate health officer at least seventy-two (72) hours prior to the hearing. After the hearing, if the court finds that the quarantine is not reasonablynecessary to protect the public health, it shall order the person released fromquarantine. The burden of proof for the need for the quarantine shall be onthe state health officer, except that in the case of bona fide scientific ormedical uncertainty the court shall give deference to the professional judgmentof the state health officer unless the person quarantined proves by apreponderance of the evidence that the quarantine is not reasonably necessaryto protect the public health.

 

(b) Any person quarantined shall have the right to communicateby telephone or any other available electronic means, but the state healthofficer may, in order to protect the public health, deny the quarantinedperson's right to meet in person with any person not subject to the quarantine,except that a parent or legal guardian may upon request be quarantined with theminor patient.

 

(c) In the event of a public health emergency of unknowneffect, the state health officer may impose a temporary quarantine until thereis sufficient information to determine what actions, if any, are reasonablyneeded to protect the public health.

 

35-4-113. Treatment when consent is not available; quarantine.

 

(a) Except as provided by subsection (b) of this section, W.S.14-4-116 and 21-4-309, the state health officer shall not subject any person toany vaccination or medical treatment without the consent of the person.

 

(b) During a public health emergency, the state health officermay subject a person to vaccination or medical treatment without consent in thefollowing circumstances:

 

(i) If the parent, legal guardian or other adult personauthorized to consent to medical treatment of a minor child cannot be locatedand consulted and the vaccination of or medical treatment for the minor childis reasonably needed to protect the public health or protect the minor childfrom disease, death, disability or suffering;

 

(ii) If the person authorized to consent on behalf of anincompetent person cannot be located and consulted and the vaccination of ormedical treatment for the incompetent person is reasonably needed to protectthe public health or protect the incompetent person from disease, death,disability or suffering.

 

(c) If a person withholds or refuses consent for himself, aminor or other incompetent when the vaccination or medical treatment isreasonably needed to protect the health of others from a disease carrying therisk of death or disability, then the person for whom the vaccination ormedical treatment is refused may be quarantined by the state health officer.

 

35-4-114. Immunity from liability.

 

(a) During a public health emergency as defined by W.S.35-4-115(a)(i), any health care provider or other person who in good faithfollows the instructions of the state health officer in responding to thepublic health emergency is immune from any liability arising from complyingwith those instructions. This immunity shall apply to health care providers whoare retired, who have an inactive license or who are licensed in another statewithout a valid Wyoming license and while performing as a volunteer during adeclared public health emergency as defined by W.S. 35-4-115(a)(i). Thisimmunity shall not apply to acts or omissions constituting gross negligence orwillful or wanton misconduct.

 

(b) The licensing boards for any health care provider holding apermit or license as a health care provider regulated under title 33 of theWyoming statutes shall provide by rule and regulations for the temporarylicensure of health care providers during a public health emergency as declaredby the governor pursuant to W.S. 35-4-115(a)(i). If necessary during a declaredpublic health emergency, the state health officer may issue temporary practicelicenses to health care providers who are retired, who have an inactive licenseor who are licensed in another state without a valid Wyoming license pendingaction on an application for issuance of a temporary license by the appropriatelicensing board pursuant to this subsection.

 

(c) All temporary health care provider licenses issued by thestate health officer under subsection (b) of this section shall terminate automaticallyupon declaration by the governor, pursuant to W.S. 35-4-115(a)(i), that thepublic health emergency has ended.

 

35-4-115. Definitions.

 

(a) As used in this article:

 

(i) "Public health emergency" means an occurrence orimminent threat of an illness or health condition caused by an epidemic orpandemic disease, a novel and highly fatal infectious agent or a biologicaltoxin that poses a substantial risk of a significant number of human fatalitiesor incidents of permanent or long-term disability. The governor shall declarewhen a public health emergency exists or has ended;

 

(ii) "Quarantine" means:

 

(A) The physical separation and confinement of an individual orgroup of individuals that has been, or may have been, exposed to, or isreasonably believed to be infected with, a contagious or possibly contagiousdisease, from nonquarantined individuals, to prevent or limit the transmissionof the disease to nonquarantined individuals;

 

(B) The isolation of a geographic area where individuals are locatedwho have been or are reasonably believed to have been exposed to or infected bya contagious or possibly contagious disease; or

 

(C) The physical separation and confinement of an individual orgroup of individuals or the isolation of a geographic area where a publichealth emergency of unknown effect has occurred or is reasonably believed tohave occurred.

 

35-4-130. Declared contagious and dangerous to health; list ofreportable diseases established by department of health; violation of W.S.35-4-130 through 35-4-134; penalty.

 

 

(a) Sexually transmitted diseases as included within the listof reportable diseases of the department of health are contagious, infectious,communicable and dangerous to public health.

 

(b) The department of health shall by rule and regulationdevelop a list of reportable sexually transmitted diseases including allvenereal diseases and acquired immune deficiency syndrome. The list shall beavailable to all physicians, health officers, hospitals and other health care providersand facilities within the state.

 

(c) Any person violating W.S. 35-4-130 through 35-4-134 orfailing or refusing to comply with any order lawfully issued under W.S.35-4-130 through 35-4-134 is guilty of a misdemeanor punishable by a fine ofnot more than seven hundred fifty dollars ($750.00), imprisonment for not morethan six (6) months, or both.

 

35-4-131. Consent of minors to treatment; treatment of infected orexposed persons; immunity from liability.

 

 

(a) Persons under eighteen (18) years of age may give legalconsent for examination and treatment for any sexually transmitted diseaseinfection.

 

(b) For the protection of public health, a physician, healthofficer or other person or facility providing health care in accordance withstate or federal law shall for any individual regardless of age, sex, race orcolor:

 

(i) If reasonably suspected of being infected with any sexuallytransmitted disease, administer, refer for or recommend appropriate andadequate treatment;

 

(ii) If exposed to any sexually transmitted disease, recommendor offer treatment.

 

(c) Physical examination and treatment by a licensed physicianor other qualified health care provider of a person under eighteen (18) yearsof age consenting to examination or treatment is not an assault or an assaultand battery upon that person.

 

35-4-132. Report required of health care providers, facilities andlaboratories; notification; confidentiality of information.

 

 

(a) A physician or other health care provider diagnosing or treatinga case of sexually transmitted disease, the administrator of a hospital,dispensary, charitable or penal institution or any other health care facilityin which there is a case of sexually transmitted disease and the administratoror operator of a laboratory performing a positive laboratory test for sexuallytransmitted disease shall report the diagnosis, case or positive test resultsto both the department of health and the appropriate health officer in a formand manner directed by the department. Health care providers and facilitiesshall cooperate with and assist the department and health officers inpreventing the spread of sexually transmitted disease.

 

(b) The department of health shall compile the number ofreported cases within the state.

 

(c) Any physician or other health care provider and anyadministrator or operator of a health care facility or laboratory reporting adiagnosis, case or positive test result pursuant to subsection (a) of thissection shall notify any health care professional and health care employeereasonably expected to be at risk of exposure to a dangerous orlife-threatening sexually transmitted disease and involved in the supervision,care and treatment of an individual infected or reasonably suspected of being infectedwith a dangerous or life-threatening sexually transmitted disease.

 

(d) Information and records relating to a known or suspectedcase of sexually transmitted disease which has been reported, acquired andmaintained under W.S. 35-4-130 through 35-4-134 are confidential and except asotherwise required by law, shall not be disclosed unless the disclosure is:

 

(i) For statistical purposes, provided that the identity of theindividual with the known or suspected case is protected;

 

(ii) Necessary for the administration and enforcement of W.S.35-4-130 through 35-4-134 and department rules and regulations related to thecontrol and treatment of sexually transmitted diseases;

 

(iii) Made with the written consent of the individual identifiedwithin the information or records; or

 

(iv) For notification of health care professionals and healthcare employees pursuant to subsection (c) of this section as necessary toprotect life and health.

 

35-4-133. Examination and treatment of infected persons; treatment atpublic expense; notification of exposed individuals; suppression ofprostitution.

 

 

(a) Upon receipt of a report or notice of a case or areasonably suspected case of sexually transmitted disease infection, a healthofficer within his respective jurisdiction:

 

(i) May isolate the individual in accordance with existingstandards of medical practice;

 

(ii) If examination has not been performed, may provide for theexamination of the infected individual or the individual reasonably suspectedof suffering from a sexually transmitted disease and shall report theexamination results to the individual;

 

(iii) May require the infected individual to seek adequatetreatment or, subject to subsection (d) of this section, may require theindividual to submit to treatment at public expense; and

 

(iv) May arrange for education and counseling of the infectedindividual as to the medical significance of the sexually transmitted disease.

 

(b) To the extent possible, the health officer shall identifyany other person with whom the infected individual has had contact which mayhave resulted in significant exposure of that person to a dangerous orlife-threatening sexually transmitted disease. For purposes of thissubsection, "significant exposure" means:

 

(i) Contact of an emergency medical services provider's brokenskin or mucous membrane with the infected individual's blood or bodily fluidsother than tears or perspiration;

 

(ii) That a needle stick, or scalpel or other instrument woundhas occurred in the process of caring for the infected individual;

 

(iii) Sexual contact;

 

(iv) Exposure that occurs by any other method of transmissiondefined by the department as a significant exposure; or

 

(v) Exposure that occurs during the course of examination ortreatment by dental care providers.

 

(c) To the extent possible, a health officer shall make everyreasonable effort to notify any person identified in subsection (b) of this sectionof his possible exposure to a sexually transmitted disease. Such notificationshall include the name of the sexually transmitted disease to which the personmay have been exposed, the approximate date of possible exposure, and shalladvise the person of the nature of the disease and sources for education andcounseling as to the medical significance of the disease. The health officershall not provide information as to the specific identity of the infectedindividual unless the health officer has received written authorization forrelease of information from the infected individual.

 

(d) Public funds appropriated for treatment of any individualinfected with a sexually transmitted disease shall be spent in accordance withpriorities established by the department of health. In establishingpriorities, the department shall consider the treatment's cost, effectiveness,curative capacity and public health benefit to the state.

 

(e) A health officer shall investigate sources of sexuallytransmitted disease, cooperate with the proper law enforcement officials inenforcing laws against prostitution and otherwise assist in the suppression ofprostitution.

 

(f) Upon receipt of information documenting an actual exposureof a health care worker as provided in paragraphs (b)(i) and (ii) of thissection to blood or body fluids of a patient where the exposure could lead to acommunicable disease infection which is capable of transmission by blood orother body fluids, a health care provider acting within his scope of practicemay order appropriate testing to be performed on a specimen from the patient bya duly licensed and accredited laboratory. If the patient's specimen is notavailable for testing, a health care provider acting within his scope of practice,or county health officer may, with the patient's consent, order the necessarytesting according to the rules and regulations promulgated by the Wyomingdepartment of health. If the patient does not consent to testing, the countyhealth officer or the authority responsible for the care of the patient mayapply to the district court for an order to have the necessary testingperformed. Test results will be kept confidential and will be reported by thehealth care provider in accordance with W.S. 35-4-130 through 35-4-134. Reports to the department of health shall be made on an official state diseasecase report form or the report may be made by telephone with confirmation bythe written form. For purposes of this section, "health care worker" meansall personnel involved in the care of a patient, including first responders,such as law enforcement officers, rescue personnel and those acting as goodsamaritans.

 

35-4-134. Examination and treatment of prisoners.

 

 

(a) Any individual confined or imprisoned in any state penalinstitution, county or city jail or any community correctional facility shallbe examined for sexually transmitted diseases by the appropriate health officeror his qualified designee.

 

(b) To suppress the spread of sexually transmitted diseaseamong the confined population, the health officer or his qualified designeemay:

 

(i) Isolate prisoners infected with a treatable illness withinthe facility and require them to report for treatment by a licensed physician;or

 

(ii) In the case of an individual infected with a noncurablesexually transmitted disease, provide for the minimum care and treatment of theindividual pursuant to rules promulgated by the department of health with theadvice of the department of corrections.

 

(c) Nothing herein contained shall be construed to interferewith the service of any sentence imposed by a court as a punishment for thecommission of a crime.

 

35-4-135. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-136. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-137. Repealed by Laws 1989, ch. 218, 2.

 

 

35-4-138. Introduction of solution in eyes of newborn child byattending physician.

 

Itshall be the duty of every practicing or licensed physician in the state ofWyoming, when attending the birth of a child, to introduce or cause to beintroduced into the eyes of the newborn infant a stable solution or ointment ofa broad spectrum antibiotic as prescribed by the state department of health. Provided, that this section shall not apply in cases where the parents arereligiously opposed to the use of drugs and so inform the attending physician.

 

35-4-139. Childhood immunizations.

 

The department of health through rule andregulation shall develop and implement a program to provide vaccines for allchildren of Wyoming residents who are not federally vaccine eligible childrenas defined in 42 U.S.C. 1396s(b)(2) or subsequent similar federal enactment. Vaccines provided pursuant to this section shall include those determined to benecessary for the healthy development of children and prescribed in rules andregulations of the department based on recommendations from an advisory groupwhich the department director shall appoint consisting of a representative ofan organization representing physicians licensed in Wyoming, at least one (1)pediatric physician licensed in Wyoming and at least one (1) family physicianlicensed in Wyoming.

 

ARTICLE 2 - PROTECTION OF PUBLIC WATER SUPPLY

 

35-4-201. Department of health to cooperate with municipalauthorities, corporations and persons as to water, drainage and sewage;definitions of "drainage" and "sewage".

 

Thedepartment shall consult with and advise the authorities of cities and townsand persons having or about to have systems of water supply, drainage andsewage as to the most appropriate source of water supply and the best methodassuring its purity or as to the best method of disposing of their drainage orsewage with reference to the existing and future needs of other cities, townsor persons which may be affected thereby. It shall also consult with and adviseall corporations, companies or persons engaged or intending to engage in anymanufacturing or other business whose drainage or sewage may tend to polluteany inland water as to the best method of preventing such pollution, and it mayconduct experiments to determine the best methods of the purification ordisposal of drainage or sewage. Cities, towns and all other corporations,companies or persons shall submit to the department for its advice and approvaltheir proposed system of water supply or of the disposal of drainage or sewage,and no city, town or persons or company shall proceed to build or install orenlarge or extend any system of water supply, drainage or sewage disposal,without first obtaining the approval of the state department of health. In thissection the term "drainage" means rainfall, surface and subsoil wateronly, and "sewage" means domestic and industrial filth and waste.

 

35-4-202. Contamination of streams by sawmills, mining operations, orother manufacturing or industrial works prohibited; penalty; exceptions;special permits.

 

Anyowner or owners of any sawmill, reduction works, smelter, milling, refining orconcentration works, or other manufacturing or industrial works, or any agent,servant or employee thereof, or any person or persons whomsoever, who shallthrow or deposit in, or in any way permit to pass into any natural stream orlake within the state, wherein are living fish, any sawdust, chemicals,mill-tailing, or other refuse matter of deleterious substance or poisons of anykind or character whatsoever, that will or may tend to the destruction ordriving away from such waters any fish, or kill or destroy any fish therein, orthat will or may tend to pollute, contaminate, render impure or unfit fordomestic, irrigation, stock or other purposes for which appropriated and used,the waters of any such natural streams or lake, or that will or may tend toobstruct, fill in or otherwise interfere with the flow, channel or condition ofsuch streams, lake or waters, shall be deemed guilty of a misdemeanor and uponconviction thereof shall be fined not less than fifty dollars ($50.00) or morethan one hundred dollars ($100.00) or shall be imprisoned in the county jailfor not less than thirty (30) days nor more than six (6) months, or by bothsuch fine and imprisonment for each offense; and where any of the foregoing unlawfulacts are committed continuously, each of the days upon which committed shall betreated and considered as a separate and distinct offense; provided, thatnothing in this section or W.S. 23-3-204 shall apply to the slag from smelterfurnaces; provided further, that nothing in this section nor in any of theother laws of this state shall prevent the owner or owners of any mill,concentration works, reduction works or tailings pond or basin used inconnection therewith, in this state, now or hereafter to be located upon anynatural stream, or lake, from operating said mill, concentration works,reduction works or tailings pond or basin used in connection therewith, wherethe said owner or owners thereof shall build or cause to be built a dam or damsfor settling purposes; provided however that before any dam or dams shall bebuilt for any such purposes, the director of the state department of health,the state game and fish commissioner [director of the game and fish department]and the state engineer, acting as a joint committee and each member casting avote of his department, shall review such plans and according to their findingsshall approve or disapprove such plans for preventing any deleterioussubstances from entering any waters beyond the project area; provided, thatwhenever a majority of the landowners on any irrigation stream shall petitionthe state game and fish commissioner to allow sawdust to be put in any streamthat does not reach a main body of water or living stream he shall have the powerto grant such permits.

 

35-4-220. Definitions.

 

 

(a) The following words as used in this act, unless a differentmeaning is required by the context or is specifically prescribed, shall havethe following meaning:

 

(i) "Service connection" shall mean and include anywater line or pipe connected to a distribution supply main or pipe for thepurpose of conveying water to a building or dwelling;

 

(ii) "Sanitary public water supply" shall mean andinclude any water supply being distributed by ten (10) or more serviceconnections, such connections being utilized to furnish water for humanconsumption either in preparing foods or beverages for inhabitants ofresidences or business establishments;

 

(iii) "United States public health service drinking waterstandards" shall mean and include the standards prescribed by the UnitedStates public health service for the quality of water on interstate carriers,provided further that the section of these standards pertaining to physical andchemical characteristics of water shall not be included in these standards forthe purpose of this act.

 

35-4-221. Periodical bacteriological analysis of water required.

 

 

(a) It shall be the duty and responsibility of any public orprivate utility engaged in the development, storage and distribution of asanitary public water supply to provide for the safety and purity of suchsupply to every service connection and to collect samples of such water forbacteriological analysis at least once monthly or oftener as required by thestate board of health. Such collection shall be made in special containersfurnished for this purpose by the state health department division oflaboratories and shall be returned to this laboratory for examination. Suchexamination and reporting of results shall comply with the procedures outlinedin the United States public health service drinking water standards. Theresults of such analysis shall be reported to the owners or persons responsiblefor the operation of the sanitary public water supply.

 

(b) When the water from such water supply has been determinedby laboratory examination, inspection and report of the state department ofhealth to be unsafe for human consumption as determined by the United Statespublic health service drinking water standards, the owners or personsresponsible for the operation of such water supply shall take immediate actionto correct sanitary defects, improve operation, provide necessary watertreatment, or make any other changes or additions necessary to provideassuredly safe water.

 

35-4-222. Notice of danger to health.

 

Whenever,in the opinion of the state department of health, investigations indicate thatthe water from a water supply as described in this act would endanger thehealth of the water consumers, the department shall give written notice to theowners or persons responsible for the operation of such sanitary public watersupply, specifying the cause of the danger to the health of the waterconsumers.

 

35-4-223. Liability for damages.

 

Compliancewith the requirements of this act shall in no way release the owners or personsresponsible for the operation of a sanitary public water supply from anyliability for damage to persons or property caused by or resulting from theinstallation, operation or maintenance of a sanitary public water supply.

 

35-4-224. Standards for mobile home parks eliminated.

 

Thedepartment of health has no authority to regulate, or to promulgate or enforcerules, regulations or standards regulating the design and construction ofsewerage and water facilities within a mobile home park. This does not precludethe department from promulgating and enforcing rules and regulations orstandards regulating the health of persons within a mobile home park andinspecting sewerage and water facilities within a mobile home park uponcompletion of the construction of such facilities.

 

ARTICLE 3 - RADIOACTIVE ISOTOPES OR MATERIAL

 

35-4-301. Repealed by Laws 1993, ch. 59, 1.

 

 

35-4-302. Repealed by Laws 1993, ch. 59, 1.

 

 

35-4-303. Repealed by Laws 1993, ch. 59, 1.

 

 

ARTICLE 4 - FEDERAL MATERNITY BENEFITS

 

35-4-401. Federal provisions accepted.

 

Thestate of Wyoming hereby accepts the provisions of the act of congress of theUnited States approved November 23, 1921, entitled: "An act for thepromotion of the welfare and hygiene of maternity and infancy, and for otherpurposes".

 

35-4-402. Cooperation with federal bureau.

 

Thestate department of health is hereby directed to cooperate with the federalchildren's bureau in the administration of the benefits of the act of congressaforesaid, and to do all things necessary to entitle the state of Wyoming toreceive all the benefits of said act.

 

35-4-403. Custodian of funds.

 

Thetreasurer of the state of Wyoming is hereby designated as the custodian of allfunds allotted to the state of Wyoming from appropriations made by congressunder or in pursuance of said act, and he shall receive and provide for theproper custody and disbursement of the same in accordance with law.

 

ARTICLE 5 - BLOOD TESTS FOR PREGNANT WOMEN

 

35-4-501. Definition of standard serological test; cost.

 

Forthe purposes of this act, a standard serological test shall be a test forsyphilis approved by the state department of health, and shall be performed ina laboratory approved by the state department of health. Such laboratory testsas are required by this act shall be performed on request without charge at thestate department of health laboratory.

 

35-4-502. Duty of attending physician.

 

Everyphysician licensed to practice medicine attending a pregnant woman in the statefor conditions relating to her pregnancy during the period of gestation or atdelivery shall take, or cause to be taken, a sample of blood of such woman atthe time of her first professional visit or within ten (10) days thereafter.The blood specimen thus obtained shall be submitted to an approved laboratoryfor a standard serological test for syphilis. Every other person permitted bylaw to attend pregnant women in the state but not permitted by law to takeblood samples, shall cause a sample of blood of such pregnant women to be takenby a physician duly licensed to practice medicine and have such samplesubmitted to an approved laboratory for a standard serological test forsyphilis.

 

35-4-503. Report of birth; statement as to blood test.

 

Inreporting every birth and stillbirth, physicians and others required to makesuch reports shall state on the certificate whether a blood test for syphilishas been made upon a specimen of blood taken from the woman who bore the childfor which a birth or stillbirth certificate is filed, and the approximate datewhen the specimen was taken. In no event shall the birth certificate state theresult of the test.

 

35-4-504. Penalty.

 

Anylicensed physician and surgeon, or other person, engaged in attendance upon apregnant woman during the period of gestation and/or at delivery, or anyrepresentative of a laboratory who violates the provisions of this act shall beguilty of a misdemeanor, and upon conviction thereof shall be fined not toexceed one hundred dollars ($100.00); provided, however, every licensedphysician and surgeon or other person engaged in attendance upon a pregnantwoman during the period of gestation or at delivery, who requests such specimenin accordance with the provisions of W.S. 35-4-502, and whose request isrefused, shall not be guilty of a misdemeanor.

 

35-4-505. Enforcement.

 

Thedistrict attorneys for the several counties in the state shall prosecute forviolation of this act as for other crimes and misdemeanors.

 

ARTICLE 6 - DISPOSAL OF UNCLAIMED HUMAN BODIES

 

35-4-601. Delivery of unclaimed bodies for anatomical study.

 

Anymember of the following boards or officers to-wit: The board of health of anycity, town or county in the state; the mayor or common council of any city, andthe officers or board having direction or control of any almshouse, prisonhospital, house of correction or jail, in the state, shall, when so requested,surrender the dead bodies of such persons as may be required to be buried atthe public expense, to any regularly licensed physician or dentist or medicalcollege in the state, in accordance with such rules as may be prescribed by thestate department of health; such bodies to be used by said physician, dentistor medical college, for the advancement of anatomical science; preference beinggiven to the faculty of any legally organized state medical college or schoolof anatomy, for their use in the instruction of medical students; provided thatin no case shall the faculties or other officers of such medical college orschool of anatomy require or receive from any medical student or students, forsuch body so furnished therein, any sum of money in excess of the actual costof procuring the same.

 

35-4-602. Exceptions as to certain bodies.

 

 

(a) No such body shall in any case be surrendered if:

 

(i) The deceased in his or her last illness requested to be notdissected; or

 

(ii) If within forty-eight (48) hours after his or her death,any person of kindred or a friend of the deceased shall request the body forburial; or

 

(iii) If such deceased was a stranger or a traveler who diedsuddenly before making himself or herself known; or

 

(iv) If such deceased person was honorably discharged from anyarm of the military or naval service of the United States.

 

35-4-603. Restriction upon use of bodies; bond required of applicant;prohibited acts.

 

Itshall not be lawful for any person so receiving dead bodies to use the same,except for the prosecution of anatomical science, or elsewhere than in thisstate; and the state department of health in its rules and regulations inregard to the distribution of the same, may require each applicant to furnish agood and sufficient bond that the provisions of this act will be observed.Whosoever shall use said body for any other purpose, or shall remove the samebeyond the limits of the state, or whosoever shall traffic, trade or deal withsaid bodies for a commercial purpose shall be deemed guilty of a misdemeanorand shall be fined, on conviction, not less than one hundred dollars ($100.00)and be imprisoned in the county jail for a period of not less than thirty (30)days or more than one (1) year; the fine accruing from said conviction to bepaid to the school fund of the county, wherein such offense was committed.

 

35-4-604. Penalty for refusing to deliver body.

 

Anyofficer refusing to deliver the remains or dead body of the deceased person,when demanded in accordance with the provisions of this act and the rules andregulations set forth by the state department of health, shall pay a penalty ofnot less than fifty dollars ($50.00), nor more than one hundred dollars($100.00); such penalties to be sued for by the department of health as thecase may be.

 

35-4-605. Burial or cremation after use.

 

Itshall be the duty of all parties, who may secure dead bodies under provisionsof this act, to bury the same decently in some public cemetery within areasonable time after dissection, or cremate the same or make such otherdisposition as may be prescribed by the state department of health. For anyviolation of this provision, the party or parties so neglecting shall onconviction, forfeit or pay a penalty of not less than fifty dollars ($50.00),nor more than one hundred dollars ($100.00), or be imprisoned in the countyjail not less than six (6) months nor more than twelve (12) months or both, atthe discretion of the court; such penalties to be sued for by the schoolofficers or anyone interested therein, for the benefit of the school fund ofthe county in which the offense shall have been committed.

 

35-4-606. Rules and regulations.

 

Thestate department of health shall, within thirty (30) days after passage of thisact, promulgate rules and regulations as called for by W.S. 35-4-601.

 

35-4-607. Who may have bodies in possession.

 

Any regularly licensed physician or dentist of the state,any medical student who is a regular matriculate of a recognized medicalcollege, under authority of such physician, or any person authorized by theRevised Uniform Anatomical Gift Act may have in his possession human deadbodies, or parts thereof, lawfully obtained, for the purpose of anatomicalinquiry or dissection.

 

ARTICLE 7 - SANITARY FACILITIES FOR MOTION PICTURE OPERATORS

 

35-4-701. Running water and toilet facilities to be provided.

 

Itshall be the duty of every person who, in any city or town in this state, usesany theater, hall, or other building, having a seating capacity of one hundred(100) or more, for the purpose of exhibiting motion pictures, to providerunning water and toilet facilities in the room used by any cinematographoperator. Such facilities shall include a flush tank toilet and wash basin.Provided, however, that wherever a sewer system is not available for theservice of such building, the facilities to be provided shall be such as areacceptable to the county health officer of the county in which such building issituated.

 

35-4-702. Penalty.

 

Itshall be unlawful for any person to use any building in this state for theexhibition of motion pictures on or after the first day of October, 1933,without having complied with the provisions of W.S. 35-4-701, and any person sousing such building after said date shall be deemed guilty of a misdemeanor andupon conviction thereof shall be fined not less than twenty-five dollars($25.00), nor more than one hundred dollars ($100.00) for each offense. Eachday during which any person shall so use any building in violation of theprovisions of W.S. 35-4-701 shall be deemed a separate offense.

 

35-4-703. Exception.

 

Theprovisions of this act shall not apply to such buildings as are not usedprimarily for the exhibition of motion pictures.

 

ARTICLE 8 - NEWBORN SCREENING

 

35-4-801. Screening required for detection of genetic and metabolicdiseases and hearing defects in newborn children; conduct of screening;exceptions; fees.

 

(a) Every child born in the state of Wyoming, within three (3)to five (5) days for full term children and five (5) to eight (8) days forpremature children following birth unless a different time period is medicallyindicated, shall be given medical examinations for detection of remedial inbornerrors of metabolism, major hearing defects and any other metabolic or geneticdiseases pursuant to subsection (b) of this section. The screening shall beconducted in accordance with accepted medical practices and in the mannerprescribed by the state department of health.

 

(b) The specific tests to be done shall be determined by acommittee consisting of the following:

 

(i) The state health officer in the department of health;

 

(ii) The president of the Wyoming state medical society;

 

(iii) A member designated by the Wyoming state pediatric society;

 

(iv) A member designated by the Wyoming obstetric/gynecologicalsociety.

 

(c) Informed consent of parents shall be obtained and if anyparent or guardian of a child objects to a mandatory examination the child isexempt from subsection (a) of this section. The department of health shallprovide educational information to healthcare providers for distribution to theparent containing information on the testing procedures, the diseases beingscreened and the consequences of screening or nonscreening.

 

(d) Following consultation with the committee described insubsection (b) of this section, the department of health may provide by ruleand regulation for the assessment of a fee, payable to the department, to coverthe reasonable cost of the screenings required by this section. Fees collectedpursuant to this subsection shall be deposited into a separate account and arecontinuously appropriated to the department of health for purposes of thenewborn screening program required by this section.

 

35-4-802. Rules and regulations.

 

(a) The state department of health shall make all rules andregulations necessary for:

 

(i) Dissemination of the provisions of W.S. 35-4-801 to allhospitals and physicians within the state; and

 

(ii) Implementation of W.S. 35-4-801, as amended.

 

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