Healthcare provider-sexual assault protections.

2018
STATE OF WYOMING
18LSO-0071
Numbered
1.3

HOUSE BILL

NO.
HB0096

Healthcare provider-sexual assault protections.

Sponsored by:
Representative(s) Bovee, Barlow, Blake, Connolly, Dayton, Gierau and Harshman and Senator(s) Anselmi-Dalton and Boner

A BILL

for

AN ACT relating to health care providers; requiring specified individuals to be present during certain medical treatments and examinations; providing exceptions; requiring the promulgation of rules; clarifying offenses relating to sexual assault; prohibiting the expungement of criminal history records for sexual battery committed by a health care provider; requiring criminal history record investigations of physicians and physician assistants; revising provisions relating to licensure in specified professions and the effect of a felony conviction or plea; requiring licensing boards to take disciplinary action against a health care provider for sexual misconduct; and providing for an effective date.

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

Section
1
.

W.S.
35
‑
2
‑
122
is
created to read:

35
‑
2
‑
122
.

Re
quirement for
specified individuals
to be present during
certain
medical treatments and
examinations
; notice; waiver
; exceptions
; promulgation of rules.

(a)

Except as otherwise provided in subsection
s

(b)
,
(c
)
and (d)
of this section, a
health care provide
r shall ensure that an employee
of the health care provider of the
same
sex as
the patient
, or a parent or guardian of the patient
if the patient is a minor
,
is present during any medical treat
ment or examination in which the
health care provider treat
s
or examine
s
an
intimate part of the patient
'
s body.

(b)

A health care provider shall
provide verbal and written notice
of the requirements of subsection (a)
of this section
to a patient
before
beginning any medical treatment
or examination of an intimate part of the patient
'
s body.

A patient may waive the requirements of subsection (a)
of this section
by signing the written
notice and returning it to the health care provider before the medical treatment or examination begins.

(c
)

A health care provider who
does not employ an

employee of the same sex as the
patient is not required to comply with the provisions of this section, except when the provider treats or examines an intimate part of a patient who is a minor.

(d)

A health care provider is not required to comply with the provisions of this section if the provider is providing emergency care to a patient.

(e)

Nothing in this section shall be construed to limit a parent or guardian
'
s right to be present during any medical treatment or examination of the parent or guardian
'
s child.

(f
)

The department of health shall promulgate rules to carry out the provisions of this section.

(g)

As used in this section:

(
i
)

"
Health care provider
"

means a
person
who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession;

(ii)

"
Intimate part
"
means the external genitalia, perineum, anus or pub
i
s of any person or the breast of a female
individual
;

(iii)

"
Patient
"
means
a person
receiving treatment or
an examination from
a health care provider.

Section 2
.

W.S. 6
‑
2
‑
301(a)
(iv)
,
by creating a new paragraph
(ix)

and by
renumbering (ix) as
(x)
,
6
‑
2
‑
303(a)(viii
),
7
‑
13
‑
1501(a) by creating
a

new paragraph (iv) and (m
)
by creating
a

new paragraph (iv),
7
‑
19
‑
106(a)(
xxiii
),
7
‑
19
‑
201(a)(xxv)
and by creating a new subsection (f)
,
33
‑
21
‑
127
(a)(iv), (v) and
by creating
a new paragraph (
v
i
)
, 33
‑
21
‑
146(a)
(xi)
,
by creating new paragraphs (xiii) and (x
iv)
and by creating
a
new subsection (c)
,
33
‑
26
‑
202(b)(xvi),
33
‑
26
‑
303
(a)
by creating a new paragraph
(ix)
,
by renumbering (xi) as
(xii)
and (b)
,
33
‑
26
‑
402(a)

by creating
a

new paragraph (xxxv)
,
33
‑
26
‑
503(b) by creating
a

new paragraph (viii),
33
‑
26
‑
504
(b)(iv),

by creat
ing
a
new paragraph (vi
) and by creating
a new
subsection (h)
and 33
‑
26
‑
508
(a)

are
amended to read:

6
‑
2
‑
301
.

Definitions.

(a)

As used in this article:

(iv)

"
Position of authority
"
means that position occupied by a parent, guardian, relative, household member, teacher, employer, custodian
, health care provider
or any other person who, by reason of his position, is able to exercise significant influence over a person;

(ix)

"
Health care provider
"
means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession;

(ix)
(x)

"
This article
"
means W.S. 6
‑
2
‑
301 through 6
‑
2
‑
320.

6
‑
2
‑
303
.

Sexual assault in the second degree.

(a)

Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree:

(viii)

The actor
makes sexual contact or

inflicts sexual intrusion in
the course of the
treatment or examination of a victim for purposes or in a manner substantially inconsistent with reasonable medical practices; or

7
‑
13
‑
1501
.

Petition for expungement of records of conviction of misdemeanors; filing fee; notice; objections; hearing; definitions.

(a)

A person who has pleaded guilty or nolo contendere to or been convicted of a misdemeanor may petition the convicting court for an expungement of the records of conviction, subject to the following limitations:

(iv)

A health care provider who
has ple
d guilty or nolo contendere to or been convicted of an offense punishable under W.S. 6
‑
2
‑
313 shall not be eligible for an expungeme
nt of the records of conviction, whether or not the offense occurred within the scope of
the
provider
'
s practice
or employment
.

(m)

As used in this section:

(iv)

"
Health care provider
"
means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession
.

7
‑
19
‑
106
.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxiii)

The board of medicine for purposes of obtaining background information on

applicants
each applicant

for licensure or certification by the board
whose application or other information received by the board indicates the applicant has or may have been convicted of a crime,
and for purposes of investigation of complaints and disciplinary action against licensees of the board;

7
‑
19
‑
201
.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(xxv)

Health care
professionals
providers
applying for licensure under title 33 of the Wyoming statutes, if required as a condition for licensure pursuant to an interstate compact entered into by the state of Wyoming

or
as
otherwise required by law
.

(f)

As used in this section, "health care provider" means an individual who is licensed, certified or otherwise
authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

33
‑
21
‑
127
.

Qualifications for licensure or certification; application requirements.

(a)

An applicant for licensure or certification by examination to practice as an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant shall:

(iv)

Have committed no acts which are grounds for disciplinary action as set forth in W.S. 33
‑
21
‑
146, or if the act has been committed, the board may, at its discretion and after investigation, determine that sufficient restitution has been made

and issue a license,

provided, the board may deny licensure based upon the plea or conviction alone
;
and

(v)

Remit fees as specified by the board
;
.

and

(vi)

Submit
to a
criminal history record
investigation
in accordance with

W.S. 33
‑
21
‑
122(c)(viii)
.

33
‑
21
‑
146
.

Disciplining licensees and certificate holders; grounds.

(a)

The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:

(xi)

Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act;
or

(x
iii
)

Has committed sexual misconduct;
or

(x
iv)

Has
failed to
comply with
W.S. 35
‑
2
‑
122.

(c)

As used in this section,
"
sexual misconduct
"
means:

(
i
)

Any behavior by a licensee which involves offers of exchange of medical services for some form of sexual gratification;

(ii
)

Sexual contact
which
occurs
while the patient is under the care of the licensee
; or

(iii
)

Any behavior by a licensee toward a patient, former patient, another licensee, an employee of a health care facility, an employee of the licensee or a relative or guardian of a patient that exploits the position of trust, knowledge, emotions or influence of the licensee.

33
‑
26
‑
202
.

Board; duties; general powers.

(b
)

The board is empowered and directed to:

(xvi)

Request criminal history background information
on each applicant

for purposes of licensure and discipline, as authorized under W.S. 7
‑
19
‑
106(a);

33
‑
26
‑
303
.

Requirements for granting license.

(a)

The board may grant a license to practice medicine in this state as provided in the Interstate Medical Licensure Compact or, under this article, to any applicant who demonstrates, to the board, that he:

(ix)

Has completed to the satisfaction of a majority of board members, if required pursuant to board rule, a personal interview consisting of inquiry and oral response to medical knowledge, personal and professional history and intentions for practicing medicine in this state;
and

(xi)

Has
submitted to a

criminal history record
investigation
;
and

(xi)
(xii)

Meets any additional requirements that the board may impose by regulation which are necessary to implement this act.

(b)

A person who has pled guilty to or has been convicted of a felony or any crime that is a felony under Wyoming law in any state or federal court or in any court of similar jurisdiction in another country may apply for licensure
. The board may, at its discretion and after investigation, determine that sufficient restitution has been made and issue a license,
provided, the board may deny licensure based upon the plea or conviction alone.

33
‑
26
‑
402
.

Grounds for suspension; revocat
ion; restriction; imposition of conditions; refusal to renew or other disciplinary action.

(a)

The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:

(xxxv)

Failing
to comply with W.S. 35
‑
2
‑
122.

33
‑
26
‑
503
.

Board powers and duties.

(b)

The board shall:

(viii)

Request criminal history background information on each applicant for purposes of licensure and discipline, as authorized under W.S. 7
‑
19
‑
106(a).

33
‑
26
‑
504
.

License required; application; qualifications; consideration of applications.

(b)

The board may grant a physician assistant license to an applicant who:

(iv)

Completes an application form;
and

(vi)

Has submitted to a
criminal history record
invest
igation.

(h)

A person who has pled guilty to or has been convicted of a felony or any crime that is a felony under
Wyoming law in any state or federal court or in any court of similar jurisdiction in another country may apply for licensure. The board may, at its discretion and after investigation, determine that sufficient restitution has been made
and issue a license
, provided, the board may deny licensure based upon the plea or conviction alone.

33
‑
26
‑
508
.

Suspension, restriction, revocation or nonrenewal of license.

(a)

The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the grounds enumerated under W.S. 33
‑
26
‑
402(a)(
i
) through (x), (xii) and (xiv) through
(xxxiv)

(xxxv)
provided that each reference in W.S. 33
‑
26
‑
402(a) to the
"
practice of medicine,
"

"
practice medicine,
"
or like phrase shall be deemed the
"
practice as a physician assistant
"
for purposes of this section.

Section
3
.

This act is effective July 1, 201
8
.

(END)

1
HB0096