Public health statutory amendments.

2017
STATE OF WYOMING
17LSO-0522
ENGROSSED
2.1

HOUSE BILL

NO.
HB0250

Public health statutory amendments.

Sponsored by:
Representative(s) Wilson, Clem and Steinmetz and Senator(s) Meier

A BILL

for

AN ACT relating to public health; amending enforcement and penalties for violation of public health laws; amending a felony offense related to sale of organs or body parts; amending requirements for obtaining blood samples from pregnant women; amending abortion reporting; creating a criminal offense for false reporting on an abortion form; repealing penalties; conforming provisions; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
1
‑
105(b),
35
‑
1
‑
220,
35
‑
1
‑
431(a), 35
‑
4
‑
502, 35
‑
5
‑
215, 35
‑
6
‑
107(a)
by creating a new paragraph (vii) and by creating a new subsection (c)
and 35
‑
6
‑
108 are amended to read:

35
‑
1
‑
105
.

Prohibited acts; penalty for violations.

(b)

Except when an individual statute, notice, order, rule or regulation provides a different penalty
for any of the offenses prohibited in subsection (a) of this section
, u
pon conviction of any of the offenses prohibited in subsection (a) of this section,

the violator shall be fined not to exceed
one hundred dollars ($100.00)
five hundred dollars ($500
.00
)

or imprisonment not to exceed six (6) months, or both, and shall be liable for all expense incurred by health authorities in removing the nuisance, source of filth or cause of sickness. No conviction under the penalty provisions of this act or of any other public health laws shall relieve any person from an action in damages for injury resulting from violation of public health laws.

35
‑
1
‑
220
.

Legal advisers; provisions as to enforcement.

The attorney general of Wyoming shall be legal adviser for the department of health and shall defend it in all action
and proceedings brought against it. The district attorney for the county in which a cause of action may arise, shall bring any action requested by the department to abate a condition which exists in violation of, or to restrain or enforce any action which is in violation of, or to prosecute for the violation of, or for the enforcement of, the public health laws of Wyoming. If
he
the district attorney

fails to so act, the department may bring any such action and shall be represented by the attorney
general or by special counsel.
Unless

a specific chapter in title

35 provides for
enforcement
by a different person
, the authority and enforcement
afforded to the
attorney general, district attorney,
department of health
and special counsel
under this article applies t
hroughout
title 35.

35
‑
1
‑
431
.

Penalties
for false reporting of birth, death, stillbirth, marriage or divorce
.

(a)

Any person who willfully and knowingly: (i) makes any false statement in a report, record, or certificate required to be filed under this act, or in an application for an amendment thereof, or supplies false information intending that such information be used in the preparation
of any such report, record, or certificate, or amendment thereof; or (ii) without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates any report, record, or certificate required to be filed under this act or a certified copy of such report, record, or certificate; or (iii) uses or attempts to use, or furnish to another for use, for any purpose of deception, any certificate, record, report or certified copy thereof so made, altered, amended, or mutilated; or (iv) with the intention to deceive uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that such certificate or certified copy was issued upon a record which is false in whole or in part or which relates to the birth of another person; or (v) furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person to whom the record of birth relates; shall be punished by a fine of not more than
one hundred dollars ($100.00)
or

five hundred dollars ($500
.00
),
imprisoned not more than six (6) months, or both.

35
‑
4
‑
502
.

Duty of attending
health care provider
.

Every physician
,

licensed to practice medicine
attending
advance practice nurse
or other person permitted by law to attend

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

35
‑
5
‑
215
.

Sale or purchase of
organs
prohibited
; exceptions
.

(a)

Except as otherwise provided in subsection (b) of this section, a person who for valuable consideration, knowingly purchases or sells
a part
for

any human, fetal or embryonic organs or
parts
for research, commercial use,

transplantation or therapy
if removal of a part from an individual is intended to occur after the individual's death
commits a felony punishable by imprisonment for not

less than one (1) year nor
more than five (5) years, a fine of not

less than ten thousand dollars ($10,000.00) nor
more than fifty thousand dollars ($50,000.00)
,
or both.

(b)

A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of
a part

organs or
parts
.

(c)

This prohibition does not apply to
replenishable body parts like hair or blood not elsewhere prohibited.

35
‑
6
‑
107
.

Forms for reporting abortions.

(a)

The state office of vital records services shall establish an abortion reporting form which shall be used
after May 27, 1977 for
the reporting of every abortion performed or prescribed in this state. The form shall include the following items in addition to such other information as may be necessary to complete the form, but
in no case shall information be required that would tend to disclose the identity of any individual participating in an abortion:

(vii)

The county and state of residence of the pregnant woman.

(c)

Any person who willfully and knowingly fails to comply with W.S.

35
‑
6
‑
107(b), who makes any false statement in a form required under this section or who supplies false information intending that
the
information be used in the preparation of any required form shall be punished by a fine of not more than five hundred dollars ($500.00), imprisoned not more than six (6) months
,
or both.

35
‑
6
‑
108
.

Compilations of abortions; matter of record; exception.

The state office of vital records services shall
prepare and after May 27, 1977
keep on file for seven (7) years compilations of the information submitted on the
abortion reporting
forms

required under W.S. 35
‑
6
‑
107
. The compilations shall be available only to a local, state or
national public health official
.

or a physician upon his written request

The
state office of vital records shall annually summarize and publish the
information at a level that prevents personal identification of the
involved parties
.
The state health officer,
in order
to maintain and keep such compilations current, shall file with the reports
any new or amended information.

The information submitted under W.S. 35
‑
6
‑
107 and compiled under this section shall not be stored in any computer.

Section 2
.

W.S. 35
‑
1
‑
106
is
repealed.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
HB0250