Wyoming state training school amendments.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0047

ENROLLED ACT NO. 50, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to state institutions; amending provisions related to the Wyoming state training school by removing archaic language; changing the name of the Wyoming state training school; authorizing placements for temporary services; amending admission and screening criteria; prohibiting isolation of residents; amending resident rights; providing for payment of employed residents, as specified; providing definitions; repealing duplicative provisions; providing for a report;
requiring rulemaking;
and providing for effective date
s
.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 3
‑
3
‑
501(a), 3
‑
3
‑
504, 9
‑
2
‑
106(d), 9
‑
2
‑
2005(c)(iv)(B), 14
‑
6
‑
219(b) through (d), 23
‑
2
‑
207(a)(ii), 25
‑
1
‑
201(a)(iv), 25
‑
5
‑
101, 25-5-102 by creating a new subsection (b), 2
5
‑
5
‑
103, 25
‑
5
‑
104, 25
‑
5
‑
105(a)
(intro),
(i) through (iv),
by creating a new paragraph (vi) and by creating a new subsection (b),
25
‑
5
‑
106 through 25
‑
5
‑
108, 25
‑
5
‑
109(c) and (d), 25
‑
5
‑
110(c),
25
‑
5
‑
114(a),
25
‑
5
‑
115,
25
‑
5
‑
116, 25
‑
5
‑
117(a) and (c), 25
‑
5
‑
118,
25
‑
5
‑
119, 25
‑
5
‑
120(b)(ii) through (iv) and (d), 25
‑
5
‑
121, 25
‑
5
‑
124, 25
‑
5
‑
125, 25
‑
5
‑
126(a)(i), (ii) and (b), 25
‑
5
‑
129,
25
‑
5
‑
130(a)(intro) and (i)
,
25
‑
5
‑
131(a), (b)(intro), (i) through (iii), (v) and
by creating a new paragraph (vi)
, 25
‑
5
‑
132(a), (b), (c)(intro), (i), (ii), (v), (vii) and by creating new paragraphs (ix) through (xv), (d)(intro), (ii) and (iii)
and
25
‑
5
‑
133 through 25
‑
5
‑
135 are amended to read:

3
‑
3
‑
501.

Designation of conservators; exception.

(a)

The
superintendent
administrator
of the
Wyoming

state training school
life
resource center
is appointed conservator of the estate of:

(i)

Each adult admitted to the Wyoming
state training school
life
resource center
unless a conservator or other duly authorized agent has already been appointed for the person; and

(ii)

Each minor with an estate of more than five thousand dollars ($5,000.00) admitted to the
institution
center
unless a conservator has already been appointed for the minor.

3
‑
3
‑
504.

Transfer of funds to court appointed conservator.

If a conservator for a minor or incompetent person is appointed by a court of this state after the person has been admitted to the Wyoming
state training school
life
resource center
or the Wyoming state hospital, the conservatorship created for the ward under this article shall terminate and all money and property of the ward in the possession of the conservator appointed under this article shall be delivered to the court appointed conservator upon proof of his appointment and qualification.

9
‑
2
‑
106.

Duties and powers of director of department.

(d)

The director may authorize the Wyoming
state training school
life
resource center
, the Wyoming state hospital, the Wyoming pioneer home, the veterans' home of Wyoming and the Wyoming retirement center to provide services to persons with conditions other than those specified in the provisions governing those state institutions in title 25 of the Wyoming statutes when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services
will

shall

be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the public health and safety. The director
may
shall
promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute. The director shall report to the joint labor, health and social services interim committee no later than October 1 of odd numbered years with respect to the status of any actions taken under this subsection and the results of those actions.

9
‑
2
‑
2005.

Department of health created; director appointed; structure.

(c)

The following agencies are assigned to the department of health under a Type 1 transfer:

(iv)

The following state institutions:

(B)

Wyoming

state training school
life
resource center
;

14
‑
6
‑
219.

Physical and mental examinations; involuntary commitment of incompetents; subsequent proceedings.

(b)

If a child has been committed to a medical facility or institution for mental examination prior to adjudication of the petition and if it appears to the court from the mental examination that the child is competent to participate in further proceedings and is not suffering from mental illness or mental retardation to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming
state training school
life
resource center
, the court shall order the child returned to the court without delay.

(c)

If it appears to the court by mental examination conducted before adjudication of the petition that a child alleged to be delinquent is incompetent to participate in further proceedings by reason of mental illness or mental retardation to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming
state training school
life
resource center
, the court shall hold further proceedings under this act in abeyance. The district attorney shall then commence proceedings in the district court for commitment of the child to the appropriate institution as provided by law.

(d)

The juvenile court shall retain jurisdiction of the child on the petition pending final determination of the commitment proceedings in the district court. If proceedings in the district court commit the child to the Wyoming state hospital, the Wyoming
state training school
life
resource center
or any other facility or institution for treatment and care of
the mentally ill or the mentally retarded
pe
ople
with mental illness or
intellectual
disability
, the petition shall be dismissed and further proceedings under this act terminate. If proceedings in the district court determine the child
is not mentally ill or mentally retarded
does not have a mental illness or
an intellectual
disability
to a degree rendering him subject to involuntary commitment, the court shall proceed to a final adjudication of the petition and disposition of the child under the provisions of this act.

23
‑
2
‑
207.

Special limited fishing permit for hospitalized veterans, residents of state institutions, court placed children and residents of licensed nursing care facilities.

(a)

Upon an appropriate form furnished by the appropriate institution or facility as prescribed by rule and regulation of the commission, a special limited fishing permit may be issued without charge by:

(ii)

The department of health or the department of family services to any
resident
in the veterans' home of Wyoming, Wyoming state hospital, Wyoming
state training school
life
resource center
, Wyoming boys' school and the Wyoming girls' school, which entitles the institutionalized resident to fish while under the direct
control
supervision
of the appropriate institution;

25
‑
1
‑
201.

Establishment of state institutions.

(a)

The following state institutions are established:

(iv)

The
Wyoming

state training school
life
resource center
at Lander,
Wyoming
;

25
‑
5
‑
101.

Short title.

This act may be cited as the "
Training School Act of 1981

Life
Resource Center Act
".

25
‑
5
‑
102.

Definitions.

(b)

As used in this act:

(i)

"Acquired brain injury" means any combination of focal and diffuse central nervous system dysfunction, at the brain stem level and above, acquired after birth through the interaction of any external forces and the body, oxygen deprivation, infection, toxicity, surgery or vascular disor
ders not associated with aging;

(ii)

"Active treatment" means a program which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services and related services that is directed toward:

(A)

The acquisition of the behaviors necessary for the client to function with as much self determination and independence as possible; and

(B)

The prevention or deceleration of regression or loss of current optimal functional status.

(iii)

"Adaptive behavior" means the collection of conceptual, social and practical skills that have been learned by people in order to function in their everyday lives;

(iv)

"Administrator" means the administrator of the division;

(v)

"Assistive technology device" and "assistive technology service" mean as defined in 42 U.S.C. 15002
;

(vi)

"Center" means the
Wyoming

life
resource center at Lander,
Wyoming
;

(vii)

"Child" means any person under the age of eighteen (18);

(viii)

"Client" means a person who has a disability and has been determined eligible, pursuant to department rules and regulation, and is receiving services from one
(1)
of the center's programs;

(ix)

"Client services" means diagnosis, education, training and care of persons who have been admitted to the center;

(x)

"Conservator" means as defined in W.S. 3
‑
1
‑
101(a)(iii);

(xi)

"Department" means
the state department of health;

(xii)

"Director" means the director of the department of health;

(xiii)

"Disability" means a developmental disability as defined in 42 U.S.C. 15002 or a disability resulting from an acquired brain injury;

(xiv)

"Division" means the developmental disabilities division of the department of health;

(xv)

"Guardian" means as
defined in W.S. 3
‑
1
‑
101(a)(v);

(xvi)

"Guardian ad litem" means as defined in W.S. 3
‑
1
‑
10
1(a)(vi);

(xvii)

"Incompetent person" means adjudicated as meeting the definition in W.S. 3
‑
1
‑
101(a)(ix);

(xviii)

"Individual program plan" means a written statement of long-term and short-term goals and strategies for providing specially designed services to meet each client's individual educational, physical
, emotional and training needs;

(xix)

"Informed choice" means making a decision based on adequate information. As appropriate, such information may include
consideration regarding
provider
s
, methods, costs, duration, accessibility, customer satisfaction, probabilities, sources and consequences;

(xx)

"Intellectual disability" means significantly subaverage general intellectual functioning with concurrent deficits in adaptive behavior manifested during the developmental period. "Intellectually disabled" means a person with an intellectual disability;

(xx
i
)

"Interdisciplinary team" means a group that represents the
person, the person's family or guardian, or the
professions, disciplines or service areas that are relevant to identifying the client's needs, as described in the comprehensive functional assessments and program design. The department shall provide by rule and regulation for the composit
ion of interdisciplinary teams;

(xxii)

"Intermediate care facility for people with intellectual disability" means an intermediate care facility for the mentally retarded or intermediate care facility for people with mental retardation (ICFMR or ICF/MR), as those phrases are used in applicable federal statutes, rules and regulations;

(xx
iii
)

"Least restrictive environment" means the program, service and location which least inhibits a person's freedom of movement, informed decision making and participation in community life while achieving the purposes of habilitation and treatment which best meet the needs of the person. The determination of least restrictive environment shall be individualized
,
based on a person's need for medical, therapeutic, rehabilitative and developmental services

and as a result of informed choice of the person or, if the person is a minor or a ward, his parent or guardian
;

(xxi
v
)

"Most appropriate" means an individualized determination of a person's need for medical, therapeutic, rehabilitative and developmental services, based upon professional assessment and the informed choice of the person or, if the person is a minor or ward, his parent or guardian;

(xx
v
)

"Most integrated" means the setting that enables a person with a disability to have access to the same opportunities as a person without a disability to the fullest extent possible, including opportunities to live, learn, work, recreate and participate in family and community activities. Determinations of most integrated shall be individualized and based upon professional assessment and the informed choice of the person or, if the person is a minor or ward, his parent or guardian;

(xxv
i
)

"Program manager" means the on-site supervisor and manager of the center;

(xxvi
i
)

"Screening team" means a group of appropriate professionals, appointed by the director pursuant to rules and regulations of the department, and assigned by the administrator to perform preliminary testing and assessment of persons for purposes of determining eligibility for services at the center;

(xxvi
i
i)

"Ward" means as defined in W.S. 3
‑
1
‑
101(a)(xv);

(xxi
x
)

"This act" means W.S. 25
‑
5
‑
101 through 25
‑
5
‑
135.

25
‑
5
‑
103.

Wyoming

life
resource center established; purpose.

(a)

Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9
‑
2
‑
106(d), the
Wyoming

state training school
life
resource center
is established
for the diagnosis, evaluation, education, training, custody and care of mentally retarded persons
.

to provide the following residential, active treatment and medical and therapy services to individuals with a disability:

(i)

Intermediate care facilities for people with
intellectual disability
in accordance with federal Medicare and Medicaid regulations;

(ii)

Services to persons with acquired brain injuries;

(iii)

Disability, therapeutic and assistive technology services for persons with a disability;

(iv)

Training for state employees, other service providers and caregivers on disability, medical, developmental and therapy services
;

(v)

Care provided under authority of the director pursuant to W.S. 9
‑
2
‑
106(d).

25
‑
5
‑
104.

Administration and management of center.

The administration and management of the
training school
center
is vested in the department.

25
‑
5
‑
105.

Rules and regulations; reports.

(a)

Within two (2) years after the effective date of this act

T
he department shall adopt rules and regulations which
are in compliance with federal regulations for intermediate care facilities for persons with
intellectual disability
,
and which
:

(i)

Establish standards for admission
for residential services
and
release
discharge
of
residents admitted for services
clients receiving services in all programs administered by the center
;

(ii)

Establish standards for
resident
client
services
;
and temporary services
;

(iii)

Provide for the administration of the
training school
center under the management of the division
;

(iv)

Prescribe professional standards for personnel employed at the
training school
center
;

and

(v
i
)

Establish data reporting processes and report monthly to the director the number of persons served by the center, identified by service category, and the services provided to those persons.

(b)

By October 1 of each year, the director shall report to the joint labor, health and social services interim committee and the joint appropriations interim committee regarding the number of clients served by the center, the reason for provision of services to each client at the center rather than in a community program, the staff to client ratio and the total state and federal cost of all services provided to clients, including the current Medicaid reimbursement rate for intermediate care facilities for people with
intellectual disabilities
.

25
‑
5
‑
106.

Donations for benefit of center; control and disposition thereof.

Money, personal property or real estate donated for the benefit of the
training school
center
shall be held, controlled and distributed by the department according to the conditions of the donation. If there are no conditions of the donation, it shall be disposed of as provided in W.S. 25
‑
5
‑
107.

25
‑
5
‑
107.

Disposition of monies received from sale of products or as compensation.

Except as provided by W.S. 25
‑
5
‑
106, all monies received by the department for the
residents
clients
in the
training school
center
from the sale of products produced or grown by the
training school
center
or as compensation from any source shall be deposited in the state treasury and credited to the general fund.

25
‑
5
‑
108.

Appointment of program manager; duties; removal.

(a)

The director shall appoint
a
superintendent
program manager
of the
training school
center
.

(b)

The
superintendent
program manager
shall administer the
training school
center
as directed by the
director
administrator
.

(c)

The director may remove the
superintendent
program manager
in his discretion.

25
‑
5
‑
109.

Inability or refusal to pay for services.

(c)

No person shall be denied admission to or services by the
training school
center
because of the inability of the person, his parent or guardian to pay the cost of the services received.

(d)

Clients of the center who are not eligible under the Wyoming Medical Assistance and Services Act shall be responsible for the cost of services and treatment as provided in title 25, chapter 11, article 1. However, n
o person
who was a client of the center as of June 30, 200
8
shall be denied admission to or services by the
training school
center

because of the refusal of the
resident's
client's

parent or guardian to pay the cost of the services received.

25
‑
5
‑
110.

Special education for minors and costs thereof.

(c)

Residents
Clients
who are between the ages of five (5) and twenty
-
one (21) years of age shall be provided special education and related services
at no cost to their parents or estates

through the
clients' resident school districts
. This subsection does not relieve an insurer or similar third party from an otherwise valid obligation to pay for services provided to the
resident
client
.

25
‑
5
‑
114.

Eligibility for admission; appropriateness of services.

(a)

Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9
‑
2
‑
106(d), a person shall not be admitted to the
training school
center
if his preadmission evaluation
indicates
and screening indicate
that he would be more appropriately served by the Wyoming state hospital, a community program or a public school program.

25
‑
5
‑
115.

Preadmission screening for residential services; preparation and supervision thereof; disposition of findings.

(a)

Admission to the
training school
center
shall be
upon written application to the division pursuant to W.S. 25
‑
5
‑
117(b) and shall be
based upon the preadmission
evaluation
screening and assessment
:

(i)

The preadmission
evaluation
screening and assessment
shall be made by
an interdisciplinary
a screening
team under the supervision of the
superintendent
administrator
or his designee
, using appropriate professionals and screening and assessment methods as provided in department rules and regulations
;

(ii)

The preadmission
evaluation
screening and assessment
shall be completed
in not less than forty-eight (48) hours and

not more than thirty (30) days after an application for admission
;
has been made to the training school
;

(iii)

No person shall be admitted unless an interdisciplinary team has determined that

a less restrictive alternative environment is inappropriate or unavailable to meet the proposed resident's diagnosed needs.
the center offers the recommended and most appropriate services in a least restrictive and most integrated environment
consistent with informed choice
;

(iv)

As part of the application process, division staff shall provide prospective clients and their families or guardians information about center services and similar services available in the client's community or elsewhere in the state.

(b)

Within ten (10) days of completion of the preadmission
evaluation
screening and assessment
, the findings shall be given to the applicant. If ordered by the court, the preadmission
evaluation
screening and assessment
shall also be filed with the court
.

25
‑
5
‑
116.

Individual program plan; preparation and supervision thereof; review.

Each
resident
client
admitted to the
training school after July 1, 1981,

center

shall have on file at the
training school
center
an individual program plan.
Each resident admitted prior to July 1, 1981, shall have an individual program plan on file within two (2) years of the effective date of this act.
The individual program plans shall be prepared by an interdisciplinary team
within thirty (30) days of admission for residential services
under the supervision of the
superintendent
program manager
. The plan shall be reviewed
at least annually
by the interdisciplinary team
for appropriateness and feasibility of discharge or transition to another level of service thirty (30) days after implementation of the plan, at the end of each quarter for the first year and annually thereafter
.

25
‑
5
‑
117.

A
dmission for residential services; application and contents thereof; written copy of rights; appeal of denied admissions.

(a)

A person determined by the preadmission
evaluation
screening and assessment
to be eligible for admission to the
training school
center for residential services
may be admitted as a
voluntary resident
client
under one (1) of the following procedures:

(i)

An adult who has sufficient insight or capacity to make responsible application for admission
for residential services
may be admitted on his own application;

(ii)

A minor or
incompetent
ward
may be admitted upon application of his parent or guardian.

(c)

At the time of admission
for residential services
, the
superintendent
program manager
shall give a written copy of the rights provided in W.S.
25
‑
5
‑
133
25
‑
5
‑
132

to the
resident
client
, his parent or guardian.

25
‑
5
‑
118.

Release of voluntary
client
upon request; exceptions.

(a)

A voluntary
resident
client
may be
released
discharged by the administrator at any time

within twenty (20) days of receipt
by the superintendent
of a written request for the release by the
resident
client
, his parent or guardian
, and the administrator shall arrange for appropriate transition services,
except:

(i)

If the
resident
client
was admitted on his own application and the request for
release
discharge
is made by a person other than the
resident
client
, release shall be conditioned upon the
resident's
client's
consent;

(ii)

If the
resident
client
is a minor or
incompetent
ward
, his
release
discharge
shall be conditioned upon the consent of his parent
,

or
guardian
;
or guardian ad litem
;

(iii)

If the
superintendent
administrator
has probable cause to believe release of the
resident
client
will endanger the life, health or safety of the
resident
client
or others and he incorporates a written statement of the facts supporting his belief in the
resident's
client's
file, he may apply for involuntary admission pursuant to W.S. 25
‑
5
‑
119.
Release shall be postponed pending the court's decision
The administrator, as a mandatory reporter, shall contact adult protective services for appropriate proceedings
.

25
‑
5
‑
119.

Involuntary admissions; application to district court; representation of proposed
client
; preadmission screening; notice; hearing; independent screening; admissibility.

(a)

A person may be an involuntary
resident
client
of the
training school
center
if admitted pursuant to this section. Application for involuntary admission may be made by a parent, a guardian, the
superintendent
administrator
or a social service agency. The application shall be filed with the district court in the county where the proposed
resident
client
, his parent or his guardian resides.

(b)

When an application for involuntary admission is filed, the court shall appoint an attorney to represent the proposed
resident
client
unless he retains counsel of his own choice. An attorney shall represent the proposed
resident
client
at all hearings. The county shall compensate an appointed attorney in an amount fixed by the court as a reasonable fee.

(c)

The court shall order the
training school
center
to conduct a preadmission
evaluation
screening and assessment
of the proposed
resident
client
. Notice of the order shall be served on the proposed
resident
client
, his attorney and his parent or guardian. The order and the application for admission shall be served on the
training school
center
and the department. If the preadmission
evaluation
screening and assessment
report finds the
training school
center
would be an appropriate placement, the court shall order a hearing. The proposed
resident
client
shall have a right to seek an independent
evaluation
screening and assessment
of his eligibility for admission at the state's expense. The
evaluation
screening and assessment
shall be admissible as evidence at the hearing as provided by W.S. 25
‑
5
‑
121(d).

25
‑
5
‑
120.

Court order setting hearing on involuntary application; service of notice; waiver.

(b)

The order setting the hearing shall contain:

(ii)

The name and address of the applicant, the proposed
resident's
client's
parent or guardian, and the attorney retained by the proposed
resident
client
or appointed by the court;

(iii)

The grounds alleged for the commitment of the proposed
resident
client
;

(iv)

The consequences of a finding that a person shall be admitted to the
training school
center
for
resident
client
services.

(d)

The court may order that notice be given to other persons. Notice may be waived in writing by any party except the proposed
resident's
client's
attorney.

25
‑
5
‑
121.

Rights of proposed
client
and notified persons; confidentiality of hearing; admissibility of screening reports; findings by court or jury; amendment of admission order.

(a)

The proposed
resident
client
has the right to appear, to be heard and to participate in every stage of the hearing unless the court finds that it would not be in the best interests of the proposed
resident
client
. The court shall not exclude the proposed
resident
client
from the hearing unless the application is accompanied by a written statement from a licensed physician and a court designated examiner, appointed at the time of the application, who is in no other manner involved in the proceedings, that attendance at the hearing would injure the proposed
resident's
client's
health and well
‑
being and describing his medical condition.

(b)

The proposed
resident
client
is entitled, upon request, to a jury trial on the issue of his admission. The jury shall be selected pursuant to W.S. 1
‑
11
‑
101 through
1
‑
11
‑
128

1
‑
11
‑
129
.

(c)

The court shall exclude all persons not having an interest in the application. Unless the court orders an open hearing or the proposed
resident
client
requests a jury trial, the hearing is confidential and shall be held in closed court.

(d)

Any person to whom notice is required to be given by W.S. 25
‑
5
‑
120 may testify and may present and cross
‑
examine witnesses. The court may receive the testimony of other persons in its discretion. The
evaluation
screening and assessment
report required by W.S. 25
‑
5
‑
115, and any independent
evaluation
screening and assessment
made under W.S. 25
‑
5
‑
119, may be admitted as evidence and shall not be excluded on the ground of hearsay alone.

(e)

If the court or jury finds that specific care, treatment and service alternatives are available which are more appropriate than the
training school
center
for the proposed
resident
client
, the application shall be denied. If the court or jury finds by clear and convincing evidence that admission to the
training school
center
would provide the most appropriate services for the proposed
resident
client
, the court shall order the admission. In case of a nonjury hearing, the court shall enter findings of fact with the order of admission.

(f)

The proposed
resident
client
or if a minor or
incompetent
ward
, his parents
,

or
guardian
or guardian ad litem

or the
training school
center
may petition the court to amend its order of admission on the grounds that appropriate and necessary services to the proposed
resident
client
are available in a less restrictive environment than the
training school
center
. The court may amend its order after notice and hearing pursuant to this act.

25
‑
5
‑
124.

Discharge of clients by administrator or by court; appeals to department.

(a)

An interdisciplinary team may recommend to the
superintendent
administrator
discharge of a
resident
client with an appropriate transition plan
from the
training school
center
when placement
in a less restrictive and more therapeutic environment
at home, with another service provider or another program
is appropriate for the
resident's
client's
needs and abilities.
The transition plan shall identify any recommended discharge conditions in the client's best interest, including type of residence facility, supervision and any continuing medical, therapeutic, rehabilitative or developmental services.
Based on the recommendations of the team, and with the consent of the
resident
client
, or his parent or guardian if he is a minor or
incompetent
ward
, the
superintendent
administrator
shall place the
resident in the least restrictive alternative environment
client in the alternative setting
. The
superintendent may
administrator shall
discharge the
resident
client
when the
resident
client
has been appropriately placed in an alternative program. If the
resident
client
was admitted under a court order, the
superintendent
administrator
shall petition the court, pursuant to W.S. 25
‑
5
‑
121(f).

(b)

If the
resident

client
, or his parent or guardian if he is a minor or incompetent, disagrees with the decision of the
superintendent
administrator
and the interdisciplinary team, the
resident

client
, parent or guardian may appeal the decision to the
department
director
in writing. The department shall provide the
resident

client
, parent or guardian with a decision in writing within thirty (30) days.

25
‑
5
‑
125.

Transfer of clients for temporary care and treatment; consent; costs to be paid by center; third
‑
party obligations not limited.

If the
superintendent
program manager
determines it is appropriate for the welfare of a
resident
client
, the
resident
client
may be placed for temporary care and treatment in any public or private hospital, institution or residence in the state which provides services which will benefit the
resident
client
. The transfer shall not be made without the consent of the
resident
client
and his parents or guardian, or in the case of an involuntary
resident
client
, without leave of the court, except in cases of medical emergency. During and after the transfer, the
resident
client
remains a
resident
client
of the
training school
center
. The cost of the transfer and of the temporary treatment, care and training provided shall be borne by the
training school
center
. This section does not limit the responsibility of third parties to pay for medical and other expenses incurred by contract or law.

25
‑
5
‑
126.

Contracts with other states for interstate transfer of clients; payment of expenses therefor.

(a)

The department may enter into contracts with other states to provide for:

(i)

The admission to
institutions
facilities
, schools or hospitals in other states of persons admitted to or entitled to admission
for residential services
in the
training school
center
, when it can be shown that admission to a facility in another state is in the best interests of the person and the state of Wyoming;

(ii)

The admission to the
training school
center
of residents of other states when it can be shown that admission to the
training school
center for residential services
is in the best interests of the person and the state of
Wyoming
, and that the person's need for
resident
services has been determined in accordance with this act.

(b)

The expense of transferring persons from the
training school
center
to other states shall be paid by the
training school
center
. The expense of transferring persons from other states to the
training school
center
shall be paid by the state making the transfer to the
training school
center
.

25
‑
5
‑
129.

Admittance for temporary services; excepted provisions; limited duration.

The
superintendent
administrator
may admit individuals for
temporary
se
rvices
temporarily
pursuant to rules promulgated under W.S. 25
‑
5
‑
105(a)

if the administrator determines a less restrictive environment is appropriate but unavailable
. A
resident
client
admitted for
temporary
services
temporarily
is not subject to W.S. 25
‑
5
‑
114, 25
‑
5
‑
115
,
25
‑
5
‑
117(b),

and

25
‑
5
‑
121(e)
.

and 25
‑
5
‑
127.

No individual shall be admitted
temporarily
for
temporary
services for more than
ninety (90) consecutive days nor more than one hundred twenty (120)
seventy-five (75)
days
.
in a calendar
year.

25
‑
5
‑
130.

Consent and notice required before major surgery; exceptions.

(a)

Except as provided in subsection (b) of this section, no
resident
client

shall undergo major surgery until the superintendent:

(i)

Obtains the prior consent of the
resident

client
, or if his consent cannot be given knowingly, he shall obtain the prior consent of the resident's parent or guardian; and

25
‑
5
‑
131.

Confidentiality of records; exceptions; penalties for violations.

(a)

All records of
residents
clients
, former
residents
clients
and proposed
residents
clients
of the
training school
center
are confidential except as provided by subsection (b) of this section
, when disclosure is required by state or federal law or when disclosure is necessary to prevent imminent risk of harm to the person who is the subject of the records or others
.

(b)

The
superintendent
administrator
may provide access to the records of a
resident
client
, former
resident
client
or proposed
resident
client
by:

(i)

The
person who is the
subject of the records or his guardian, guardian ad litem or attorney;

(ii)

The
subject's
physician or surgeon
for the person who is the subject of the records
;

(iii)

A person authorized by the
person who is the
subject of the records, or by his parent or guardian if he is a minor or
incompetent
ward
, to evaluate the
subject's
person's
eligibility for admission to the
training school
center for residential services
or to determine whether his residence is the most appropriate and

least restrictive,
therapeutic environment for the
subject
person
;

(v)

Qualified employees of the department and the
state training school
center
and professional persons while in the performance of their official duties
;
.

(vi)

A
person as required by law, including
the Wyoming Hospital Records and Information Act,
the Health Insurance Portability and Accountability Act and the Medicaid program.

25
‑
5
‑
132.

No determination of incompetency; notification of rights; deniable rights and conditions therefor; undeniable rights.

(a)

The determination that a person is eligible for admission to the
training school
center
is not a determination or adjudication that the person is incompetent.

(b)

Upon admission to the
training school
center for residential services
, a
resident
client
shall be informed orally and in writing of his rights under this section. If the
resident
client
is a minor, or
incompetent
ward
, his parents, guardian or guardian ad litem shall be informed orally and in writing of his rights under this section.

(c)

A resident may be denied
T
he following rights
of a client may be denied or limited
only as a part of his individual program plan
for purposes of safety and health
. The
resident
client
or if the
resident
client
is a minor or
incompetent
ward
, his parents, guardian or guardian ad litem shall be informed in writing and orally of the grounds for the denial
or limitation
. The grounds for denial
or limitation
shall be entered in the individual program plan:

(i)

The right to send and receive
unopened
mail
;

except as provided in paragraph (d)(v) of this section;

(ii)

The right to
choose and
wear his own clothing;

(v)

The right to be free from physical restraints and
isolation
chemical restraints that substitute for active treatment or behavior
modification
programs,
except in emergency situations as necessary to protect the
resident
client
or others;

(vii)

The right to make and receive telephone calls;
and

(ix)

The right to an appropriate personal space that provides privacy and personal safety;

(x)

The right to be free from abuse;

(xi)

The right to vote;

(xii)

The right to choose where and with whom to live;

(xiii)

The right to present grievances and complaints or to request changes in policies and services without restraint, interference, coercion, discrimination or reprisal;

(xiv)

The right to participate or refuse to participate in religious worship;

(xv)

The right to the least restrictive environment.

(d)

A
resident
client
may not be denied the following rights unless

the denial is
authorized by a court
,

or his guardian, parent or guardian ad litem

the client or, if the client is a minor or ward, his parent or guardian
:

(ii)

The right to refuse to be subjected to experimental medical or psychological research without the express and informed consent of the
resident
client
or his parent or guardian if he is a minor

or ward
. The
resident
client
or his parent or guardian may consult with independent medical or psychological specialists and his attorney before consenting or refusing;

(iii)

The right to refuse to be subjected to
treatment procedures such as psychosurgery or other
drastic treatment procedures without the express and informed consent of the
resident
client
and his parent or guardian if he is a minor or
adjudicated incompetent;
ward.

25
‑
5
‑
133.

R
estraint; conditions for use; strict administration of medication; prohibited uses.

(a)

Isolation or
seclusion procedures in which a person is placed alone in a locked room or in an area from which the person is physically prevented from leaving are prohibited. R
estraint of a
resident
client
shall be used only when less restrictive measures are ineffective for the welfare of the
resident or other residents
client or others and only when necessary to ensure the immediate physical safety of the client or others
. Restraint
or isolation

shall be used in a manner which ensures that the dignity and safety of the
individual
person restrained
are protected and shall be regularly monitored by trained staff. The reason for restrictive measures shall be reported in the
resident's
client's
records
and shall be reviewed by the interdisciplinary team and program manager
.
In addition, the client's individual program plan shall address active treatment or less restrictive measures to manage or eliminate the behaviors for which restraint was used.

(b)

Medication shall be administered to a
resident
client
only pursuant to the order of a
physician

medical professional acting within the scope of his license
. A record of the medication, the dosage administered, the date and the person administering the medication to each
resident
client
shall be kept in each
resident's
client's
treatment record. Medication shall not be used as punishment, for the convenience of staff or in quantities that interfere with a
resident's
client's
treatment program.

25
‑
5
‑
134.

Employment of clients within institution; wages; duties; discharge for cause.

Residents
Clients
who are employed within the
institution
center
shall be paid a reasonable wage based upon
the nature of the employment and the productivity of the resident
commensurate wages under special certificate as authorized by the federal Fair Labor Standards Act at 21 U.S.C. 214(c)
. The
superintendent
program manager
shall prescribe
the duties and assignment of the resident employee and may discharge the resident from employment for cause
for each position a written job description with wages, benefits and job duties clearly defined
.
The employment relationship pursuant to this section shall be at will.

25
‑
5
‑
135.

Medications aides.

Any person trained and qualified as a medication aide may administer medications in basic
resident
client
care situations at the
training school
center
. The
training school
center
shall develop curricula, certification criteria and protocols concerning administration of medications and use of medication aides. Every medication aide shall perform the duties authorized under this section under the direction of a person licensed by the laws of this state to administer medications. The direction of medication aides shall not constitute an unlawful delegation of professional duties by the licensed nurse or other professional licensed to administer medications.

Section

2.

W.S. 25
‑
5
‑
102(a), 25
‑
5
‑
114(b), 25
‑
5
‑
117(b), 25
‑
5
‑
123, 25
‑
5
‑
127, 2
5
‑
5
‑
128, 25
‑
5
‑
131(c) and 25
‑
5
‑
132(d)(iv) and (v) are repealed.

Section 3.

The department of health may commence rulemaking to implement the provisions of this act immediately upon the effective date of this section. No appropriation for the fiscal year commencing July 1, 2009 shall be effective until the promulgation of final rules implementing this act.

Section 4.

(a)

Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Except as provided in subsection (a) of this section, this act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1