Palliative care.

2016
STATE OF WYOMING
16LSO-0370
ENGROSSED
2.1

SENATE FILE

NO.

SF0082

Palliative care.

Sponsored by:
Senator(s) Scott, Craft and Driskill and Representative(s) Esquibel, K., Harvey and Pelkey

A BILL

for

AN ACT relating to public health and safety; creating the advisory council on palliative care and quality of life; providing definitions; providing for council membership; providing duties for the council; providing duties for the department of health or other entity as specified; requesting a report from the American Cancer Society Cancer Action Network and other interested parties; providing a sunset date; and providing for an effective date.

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

Section
1
.

W.S. 35
‑
1
‑
1
2
01 through 35
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1
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1
205
is created to read:

ARTICLE 1
2
PALLIATIVE CARE
ADVISORY COUNCIL

35
‑
1
‑
1
2
01
.

Definitions
.

(a)

As used in this
article
:

(i)

"Council" means the
a
dvisory
c
ouncil on
p
alliative
c
are and
q
uality of
l
ife established pursuant to this
article
;

(ii)

"Department" means the
d
epartment
of health, unless the governor establishes the council
within
a different office or department pursuant to W.S. 35
‑
1
‑
1
2
02
, in which case department means the office or department within which the governor establishes the council
;

(iii)

"Palliative care" means
:

(A)

P
atient and family centered medical care that optimizes quality of life by anticipating, preventing and treating suffering caused by serious illness.
Palliative care throughout the continuum of
illness involves addressing the physical, emotional and social needs of the patient and facilitates patient autonomy, access to information and choice. Palliative care includes
,
but is not limited to
,
discussion
of the patient
'
s goals for treatment and discussion of appropriate treatment options including hospice care and comprehensive pain and sympt
om management when appropriate
;
or

(
B
)

C
are for a terminal, potentially terminal or serious
chronic illness that is designed to reduce adverse symptoms, reduce pain and suffering and improve quality of life without, by itself, seeking to cure the illness, prevent death or prolong life. Palliative care includes

hospice care.

35
‑
1
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1
2
02
.

Advisory council o
n
palliative care and quality of life.

(a)

There is
created
the
advisory council o
n
palliative care
and quality of life
.
For administrative purposes t
he council shall
be
within the department of health unless otherwise specified by the governor.

The council shall consist of not less than nine (9)
no
r
more
than
thirteen
(13) members appointed by the governor.
The governor
shall
appoint a chairman
for the council
and
may appoint a
vice
‑
chairman as needed.
Membership on the
council shall
include
:

(i)

At least two (2) health care professionals with professional experience
in
palliative or hospice care;

(ii)

At least one (1) licensed pharmacist;

(iii)

At least one (1) law enforcement professional with experience
in
illegal drug offenses or the prosecution of illegal drug offenses;

(iv)

At least one (1) member with experience counseling seriously ill or dying persons as a member of the clergy or a
s a
mental health professional
;

(v)

Other members
selected by the governor to reach a council size of at least nine (9) but not more than thirteen (13) members, which may include members havi
ng training, experience or special knowledge concerning personal caregiving or palliative care in a variety of
settings including home, community outpatient and inpatient settings and with a variety of populations including adults and children.

(
b
)

The initial appointments shall be for staggered terms with three (3) members being appointed for two (2) year terms, three (3) members being appointed for three (3) year terms and the remaining members being appointed to one (1) year terms. Thereafter, members shall be appointed for three (3) year terms.
The governor may remove any member of the council as provided in W.S. 9
‑
1
‑
202.

(c)

Vacancies on the council shall be filled by appointment for the unexpired term.

(d)

The council shall meet
not less than
tw
o
(2)
times
a year at time
s
and place
s
mutually agreed upon between the chairman of the council and the department.

(
e
)

M
embers
of the council
shall
not
receive compensation for their services. The
g
overnor may allow council members to receive per diem and mileage in the same
manner
and amount
as members of the legislature, if the
g
overnor determines
sufficient funds are available.

(
f
)

Funding for expenses of the council shall come fro
m the budget of the department
, unless the governor, within his discretion as permitted by law, transfers
funds from a different budget.

(
g
)

The council shall:

(i)

As its first priority, s
eek to maximize the effectiveness of palliative care in Wyoming by making comprehensive and accurate information and education about palliative
care
available to the public, health care providers and health care facilities;

(ii)

Consult with and advise the department of health on matters related to the establishment, maintenance, operation and outcomes evaluation of palliative care initiatives in Wyoming;

(iii)

Be available, as needed, to consult with and advise the department of health on palliative care
needs and initiatives for residents of institutions operated by the department of health
;

(i
v
)

Advise
the governor and legislature on policy and legislative needs to improve palliative care in Wyoming;

(v)

Seek opportunities to open a dialogue with law enforcement and regulatory bodies on how to accommodate the legitimate uses of drugs for palliative care with efforts to control
the dangerous and illegal uses of those drugs;
and

(v
i
)

When
appropriate, advise the state board of pharmacy, the attorney general, the division of criminal investigation and local law enforcement on the needs of palliative care patients for prescription drugs and how to accommodate those needs
consistent with
efforts to control the dangerous and illegal uses of those drugs
.

35
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1
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1
2
03
.

Department duties.

(a)

The department shall:

(i)

Publish information and resources on its website, including links to external resources
,

concerning
:

(A)

P
alliative care providers and facilities;

(B)

Information about palliative care delivery in the home
,

community outpatient and inpatient settings
;

(C)

Best practices for palliative care delivery;

(D)

Consumer education materials; and

(E)

Referral information for palliative care, including hospices.

(ii)

Develop and implement, as appropriate and consistent with existing appropriations, other initiatives
regarding palliative care services and education;

(iii)

Consult with the council regarding the
performance of its duties under this section
.

35
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1
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1
2
04
.

Optional report to legislature.

The
department shall request the
American Cancer Society
Cancer Action Network

to
provide the legislature and the legislature's joint labor, health and social services interim committee with a report by July 1, 2020 on the success or failure of
the council
. The report should contain recommendations to abolish, continue or modify the council and any other recommendations as are appropriate concerning further palliative care initia
tives. The department
and council
shall provide information necessary for the preparation of this report, provided the information requested is reasonable, economical and not otherwise protected by law. Other concerned parties
may

either collaborate with the American Cancer Society
Cancer Action Network
for the preparation of the report or provide their own reports. All reports received pursuant to this section shall be treated as public documents by the
joint labor, health
and social services interim committee and the
legislative service office.

35
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1
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1
2
05
.

Sunset.

W.S. 35
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1
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1
2
01 through 35
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1
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1
2
04
are
repealed effective July 1, 2021.

Section 2
.

W.S. 35
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1
‑
240(
a) by creating a new paragraph (xxiii)
is amended to read:

35
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1
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240
.

Powers and duties.

(a)

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

(xxiii)

If the duty is not assigned to another entity pursuant to W.S. 35
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1
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1202, d
evelop initiatives and provide information to the public regarding palliative care as provided in
W.S. 35
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1
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1
2
0
3
.

Section
3
.

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.

(END)

1
SF0082