S.F. No. 0011

Public health measures.

Sponsored By: Joint Transportation and Highways Interim Committee

AN ACT relating to public health and safety; modifying public health provisions related to public health emergencies; providing public health protections against communicable diseases; providing definitions; providing expanded powers of the state health officer; providing expanded powers of the governor; conforming provisions; and providing for an effective date.

11/22/2002 Bill Number Assigned

1/14/2003 S Received for Introduction

1/14/2003 S Introduced and Referred to S08

1/30/2003 S08 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Barton, Caller, Erb, Geis and Vasey

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/30/2003 S Placed on General File

2/3/2003 S Amendments Considered

SF0011SS001/A ADOPTED

Page 1-line 5 After "officer;" insert "providing reporting requirements;".

Page 1-line 12 Before "35-1-241" insert "33-24-155,".

Page 2-after line 15 Insert and renumber:

"33-24-155. Reports required to state health officer.

(a) As provided by department of health rule and regulation, a pharmacist shall report in the manner established through published reporting procedures provided to each licensed pharmacist, any unusually high type of prescription filled, unusual trend in pharmacy visits or unusual trend in non-prescription medication sales that the pharmacist has reason to believe is related to a public health emergency.

(b) Pursuant to department of health rule and regulation, there may be a review of medical records by the state health officer, his designee or their designated health care representative who shall be under the direct supervision of the state health officer or his designee to confirm diagnosis, investigate causes or identify other cases of disease conditions in a region, community or workplace in the state to determine if proper measures have been taken to protect the public health and safety. Notwithstanding any other provision of law, the review of records may occur without patient consent, but shall be kept confidential and shall be restricted to information necessary for the control, investigation and prevention of any disease condition dangerous to the public health. Any person who receives medical information under this subsection shall not disclose that information for any other purpose than the investigation and any disease control effort. Any violation of this subsection is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.". BARTON, CHAIRMAN

2/3/2003 S Passed CoW

2/4/2003 S Amendments Considered

SF0011S2001/A ADOPTED

Page 2-After line 15 In the Senate Standing Committee Amendment (SF0011SS001/A) to this line, in line 10 of W.S. 33‑24‑155(b) after "records" insert "during a public health emergency or disease outbreak". SESSIONS, SCOTT

SF0011S2002/A ADOPTED

Page 2-line 20 After "officer" insert "in consultation with the appropriate county coroner". PECK

SF0011S2003/A ADOPTED

Page 6-line 9 After "section" insert ", W.S. 14-4-116 and 21-4-309". MASSIE

2/4/2003 S Passed 2nd Reading

2/5/2003 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Barrasso, Barton, Boggs, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Hanes, Hines, Kunz, Larson, Massie, Mockler, Northrup, Peck, Schiffer, Scott and Vasey.

Nays: Senator(s) Anderson, J., Burns, Case, Goodenough, Hawks, Job, Meier, Roberts and Sessions.

Ayes 21 Nays 9 Excused 0 Absent 0 Conflicts 0

2/6/2003 H Received for Introduction

2/6/2003 H Introduced and Referred to H08

2/12/2003 H08 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Cooper, Edwards, Esquibel, Harshman, Jansen, Johnson, W. and Walsh

Nays: Representative(s) Brechtel

Excused: Representative(s) Diercks

Ayes 7 Nays 1 Excused 1 Absent 0 Conflicts 0

2/12/2003 H Placed on General File

2/18/2003 H Amendments Considered

SF0011HS001/AE (TO ENGROSSED COPY) ADOPTED

Page 1-line 5 After "providing" insert "for".

Page 1-line 6 Delete "reporting requirements" insert "reports".

Page 2-line 21 Delete "shall" insert "may".

Page 8-line 6 Delete "or" insert ","; after "guardian" insert "or other adult person authorized to consent to medical treatment". JOHNSON, W., CHAIRMAN

2/18/2003 H Passed CoW

2/19/2003 H Amendments Considered

SF0011H2001/AE (TO ENGROSSED COPY) ADOPTED

Page 2-line 21 Delete the standing committee amendment (SF0011HS0001/AE) to this line. JOHNSON, W.

SF0011H2002.01/ACE (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT) ADOPTED

Page 1-line 4 After "definitions;" delete "providing".

Page 1-line 5 Delete "expanded" insert "amending the".

Page 7-line 9 After "quarantine" insert ", except that a parent or legal guardian may upon request be quarantined with the minor patient".

Page 7-after line 15 Insert:

"(d)  A person who has been quarantined pursuant to this act, or his parent or legal guardian if the person is a minor child or incompetent person, may elect to be quarantined in a private residence of his choice, subject to the approval of the owner of the private residence.".

Page 9-line 9 After "." insert "This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.". BRECHTEL

SF0011H2002.02/FCE (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT) FAILED

Page 9-after line 2 Insert:

"(d) Subsection (b) of this section shall not be construed to authorize the vaccination or medical treatment of a minor child or incompetent person if:

(i) The parent or legal guardian of the minor child, or other adult person authorized to consent to medical treatment for the minor child, has filed a statement with the state health officer withholding consent to the vaccination or medical treatment; or

(ii) The person authorized to consent on behalf of the incompetent person has filed a statement with the state health officer withholding consent to the vaccination or medical treatment.". BRECHTEL

SF0011H2003/AE (TO ENGROSSED COPY) ADOPTED

Page 2-line 23 After "high" insert "volume of any". BERGER

2/19/2003 H Passed 2nd Reading

2/20/2003 H Amendments Considered

SF0011H3001.01/ACE (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT) ADOPTED

Page 7-after line 15 Delete the Brechtel second reading amendment (SF0011H2002.01/ACE) to this line.

CHILDERS

SF0011H3001.02/FCE (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT) FAILED

Page 7-line 9 Delete the Brechtel second reading amendment (SF0011H2002.01/ACE) to this line. CHILDERS

SF0011H3002/FE (TO ENGROSSED COPY) FAILED

Page 9-after line 2 Insert:

"(d)  Subsection (b) of this section shall not be construed to authorize the vaccination or medical treatment of a minor child or incompetent person if:

(i)  The parent or legal guardian of the minor child, or other adult person authorized to consent to medical treatment for the minor child, has filed a statement with the state health officer withholding consent to the vaccination or medical treatment; or

(ii)  The person authorized to consent on behalf of the incompetent person has filed a statement with the state health officer withholding consent to the vaccination or medical treatment.". BRECHTEL

SF0011H3003/FE (TO ENGROSSED COPY) FAILED

Page 6-line 7 Delete "35-4-115(a)(i)" insert "35-4-115(a)(ii)".

Page 9-After line 13 Insert:

"(i) "Confinement" means movement restricted to the person's residence, if practicable, or the least restrictive environment available that achieves the purpose of this article;".

Page 9-line 15 Delete "(i)" insert "(ii)".

Page 9-line 24 Delete "(ii)" insert "(iii)".

Page 12-line 18 Delete "35-4-115(a)(i)" insert "35-4-115(a)(ii)". LANDON

2/20/2003 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Bagby, Boswell, Buchanan, Childers, Cohee, Cooper, Edwards, Esquibel, Gentile, Gilmore, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Latta, Law, Lockhart, Martin, McMurtrey, McOmie, Meuli, Meyer, Morgan, Nicholas, Osborn, Parady, Petersen, Prosser, Reese, Robinson, Slater, Thompson, Tipton, Walsh, Warren and Wasserburger.

Nays: Representative(s) Alden, Anderson, R., Baker, Berger, Brechtel, Bucholz, Diercks, Hageman, Landon, Luthi, Miller, D., Olsen, Philp, Powers, Ross, Semlek, Simpson and Wostenberg.

Ayes 42 Nays 18 Excused 0 Absent 0 Conflicts 0

2/26/2003 S Did Concur

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott and Sessions.

Nays: Senator(s) Case and Vasey.

Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0

2/26/2003 Assigned Number SEA 0030

2/27/2003 S President Signed SEA No. 0030

2/27/2003 H Speaker Signed SEA No. 0030

3/3/2003 Governor Signed SEA No. 0030

Chapter No. 0083 Session Laws of Wyoming 2003.