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20LSO-0159
2020
STATE OF WYOMING
20LSO-0159
Introduced
2.0
HOUSE BILL NO. HB0115
Multi-disciplinary clinical advisory panel.
Sponsored by: Representative(s) Wilson, Dayton-Selman, Lindholm and Yin and Senator(s) Ellis, Gierau, Hutchings and Pappas
A BILL
for
AN ACT relating to professions and occupations; creating the multi-disciplinary clinical advisory panel; specifying membership, duties and authority; requiring a report; providing for rulemaking authority; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 33
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50
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101 through 33
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50
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105 are created to read:
CHAPTER 50
MULTI
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DISCIPLINARY CLINICAL ADVISORY PANEL
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50
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101.
Definitions.
(a)
As used in this chapter:
(i)
"Applicant" means any health profession group or organization, any individual or any other interested party that proposes that any unregulated health profession be regulated by the state or that proposes to change the scope of practice of a health profession regulated under state law;
(ii)
"Department" means the Wyoming department of health;
(iii)
"Health profession" means any profession or occupation that provides physical or mental diagnoses or treatment to human patients;
(iv)
"License" means any license, certificate, permit or other authorization issued by a health profession licensing entity under title 33 of the Wyoming statutes;
(v)
"Licensing entity" means any board, commission or other entity that issues a license under title 33 of the Wyoming statutes to practice a health profession;
(vi)
"Panel" means the multi
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disciplinary clinical advisory panel created by this chapter;
(vii)
"Scope of practice" means the activities that a person licensed to practice a health profession is allowed to perform, as prescribed by the attendant statutes and rules adopted by the appropriate licensing entity;
(viii)
"Unregulated health profession" means a health profession that is not currently regulated by state statute and that has no licensing system in place under title 33 of the Wyoming statutes.
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50
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102.
Multi
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disciplinary clinical advisory panel created; appointment; terms; vacancies; compensation; rulemaking.
(a)
There is created within the department of health the multi
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disciplinary clinical advisory panel consisting of eleven (11) voting members as follows:
(i)
Three (3) members who shall hold valid, unencumbered licenses as physicians under the Medical Practice Act, one (1) of whom shall be specialized in a primary care field, one (1) of whom shall be specialized in a surgical field and one (1) of whom shall be specialized in another medical field licensed by the Wyoming state board of medicine;
(ii)
Two (2) members who shall hold valid, unencumbered licenses as nurses under the Wyoming Nurse Practice Act;
(iii)
One (1) member who shall hold a valid, unencumbered license as a pharmacist under the Wyoming Pharmacy Act;
(iv)
One (1) member who shall hold a valid, unencumbered license as a psychologist under W.S. 33
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27
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113 through 33
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27
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123 or as mental health professional under the Mental Health Professions Practice Act;
(v)
Four (4) members who shall each hold a different valid, unencumbered license in any one (1) of the following fields:
(A)
Optometry under W.S. 33
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23
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101 through 33
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23
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117;
(B)
Occupational therapy under the Occupational Therapy Practice Act;
(C)
Speech language pathology under the Practice Act for Speech
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Language Pathologists and Audiologists;
(D)
Physical therapy under W.S. 33
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25
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101 through 33
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25
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116;
(E)
Respiratory care under the Respiratory Care Practice Act of 2003;
(F)
Podiatry under W.S. 33
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9
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101 through 33
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9
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114;
(G)
Chiropractic medicine under W.S. 33
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10
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101 through 33
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10
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117;
(H)
Midwifery under the Midwives Licensure Act;
(J)
Acupuncture under the Wyoming Acupuncture Practice Act;
(K)
As a dentist or dental hygienist under the Wyoming Dental Practice Act;
(M)
As a physician assistant under the Medical Practice Act;
(N)
As an emergency medical technician under the Wyoming Emergency Medical Services Act of 1977;
(O)
As a radiologic technologist under W.S. 33
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37
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101 through 33
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37
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113;
(P)
As an athletic trainer under the Wyoming Athletic Trainers Licensing Act;
(Q)
As a dietician under the Dietetics Licensure Act.
(b)
Panel members specified under paragraphs (a)(i) through (iii) of this section shall be appointed by the members of their respective licensing entity.
(c)
Panel members appointed under subsection (b) of this section shall on a rotating basis select the licensing entity from which the member in paragraph (a)(iv) is selected, and separately shall on a rotating basis select the licensing entities from which the members in paragraph (a)(v) are selected. The licensing entities selected under
this subsection shall each then appoint one (1) member of their entity to sit on the panel. Notwithstanding subsections (e) and (f) of this section, no licensing entity that appointed a panel member under paragraphs (a)(iv) or (v) of this section shall be eligible to appoint another member to the panel until all other licensing entities specified under paragraphs (a)(iv) or (v) of this section have also done so.
(d)
In addition to the voting members of the panel, there shall be one (1) ex officio non
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voting member who shall be the state health officer and shall serve as chairman of the panel.
(e)
Voting panel members shall serve three (3) year terms of office. No voting member shall serve more than two (2) consecutive terms.
(f)
If a vacancy occurs, the procedures specified in subsections (b) and (c) of this section shall govern the process for filling the associated vacancy. Any person appointed to fill a vacancy shall serve for the unexpired
portion of the vacated term, which term shall not be considered for the purpose of subsection (e) of this section. A vacancy in the panel shall be filled by a practitioner from the same health profession as that of the vacating panel member. A vacancy shall occur if a sitting panel member no longer holds a valid and unencumbered license to practice in this state, no longer engages in active practice in this state or resigns from the panel.
(g)
Voting panel members shall receive per diem and mileage as provided in W.S. 33
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1
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302(a)(vii). To the greatest extent practicable, the panel shall use existing internet protocol based communication and videoconferencing infrastructure and telecommunication services in carrying out its duties as authorized by this chapter.
(h)
The department of health shall promulgate reasonable rules necessary to implement and administer this chapter.
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103.
Powers and duties of the panel.
(a)
The panel shall review applications submitted by applicants for proposed changes to any practice act of a health profession and to review any proposed establishment of any new practice act for an unregulated health profession in the state. The panel shall not have jurisdiction over the licensing or discipline of any individual health profession or its members, or over the rulemaking authority of any licensing entity.
(b)
The panel shall meet not more than four (4) days per year as the panel deems necessary. The provisions of W.S. 16
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4
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401 through 16
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4
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408 shall not apply to the panel.
(c)
The panel shall evaluate any application submitted to it on the basis of the appropriate criteria as specified under W.S. 33
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50
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104(a) and (b). The panel shall make written findings on all criteria and make a recommendation for approval or denial, detailing its findings in a report that shall be submitted to the joint labor, health and social services interim committee on or before August 1 of any year in which the panel met. If the
panel recommends approval of an application under W.S. 33
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50
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104(a) for regulation of an unregulated health profession, it shall also identify the least restrictive method of regulation to be implemented consistent with but not limited to W.S. 33
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50
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104(a)(ii). The panel may make additional recommendations regarding the proposal or other issues identified during the review and may comment on the anticipated benefits to the health, safety and welfare of the public. The panel shall also deliver a copy of the report to the applicant prior to submitting the report to the joint labor, health and social services interim committee. The committee may sponsor legislation based upon the panel's recommendations as the committee finds appropriate.
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104.
Applications for regulation of a health profession or a change in scope of practice; contents.
(a)
An applicant seeking panel review for state regulation of an unregulated health profession shall submit an application to the panel on forms prescribed by the panel. The application shall identify the applicant and the
proposed regulation sought. The application shall include an explanation of:
(i)
The issue necessitating state regulation of the unregulated health profession;
(ii)
All feasible methods of regulation, including the impact of those methods on the public. Under this paragraph, the application shall also address whether regulation by means other than direct licensing of the unregulated health profession is appropriate including:
(A)
Instituting inspection requirements to be administered by an existing state agency;
(B)
Enabling an appropriate state agency, board or commission to bring an end to a harmful practice by seeking injunctive relief in court or other action;
(C)
Regulating or modifying the regulation of the regulated health profession that may be supervising or responsible for the services being performed.
(iii)
The benefit and possible harm to the public of regulating an unregulated health profession;
(iv)
The type of standards that exist to ensure that a practitioner of an unregulated health profession would achieve and maintain competency;
(v)
A description of the unregulated health profession proposed for regulation, including a list of associations, organizations and other groups representing the practitioners in the state, an estimate of the number of practitioners in each group and whether the groups represent different levels of practice;
(vi)
The role and availability of third
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party reimbursement for the services provided by an unregulated health profession;
(vii)
The number of jurisdictions regulating the unregulated health profession affected by the application and the experience of these other jurisdictions once
regulation of the unregulated health profession was in place;
(viii)
The expected costs of regulation, including the impact licensure will have on the costs of the services to the public and the cost to the state and to the general public of regulating the unregulated health profession; and
(ix)
Any other information relevant to the requested review as determined by the panel.
(b)
An applicant seeking panel review for a change in scope of practice shall submit an application to the panel on forms prescribed by the panel. The application shall identify the applicant and the proposed change in scope of practice sought. The application shall also include the following information:
(i)
A summary of state and federal law that governs the health profession that is the subject of the application;
(ii)
A summary of the state's current regulatory oversight of the health profession that is the subject of the application;
(iii)
An explanation why a change in scope of practice is necessary, including the extent to which consumers need and will benefit from the proposed change in the scope of practice;
(iv)
The extent to which the public can be confident that qualified practitioners are competent in their health profession including:
(A)
Evidence that the health profession's practice board has functioned adequately in protecting the public;
(B)
Whether effective quality assurance standards exist in the health profession, including legal requirements associated with the specific programs that define or endorse standards or a code of ethics; and
(C)
Evidence of whether state approved educational programs provide or are willing to provide a core curriculum adequate to prepare practitioners at the proposed scope of practice.
(v)
The extent to which the proposed scope of practice may harm the public including the extent to which the proposal may restrict entry into the practice of the health profession which is the subject of the application and whether the proposal requires registered, certified or licensed practitioners in other jurisdictions who move to this state to qualify for licensure in the same manner as practitioners in the state;
(vi)
The cost to the state and to the general public of implementing the proposed change to a health profession's scope of practice;
(vii)
A detailed statement of the proposed funding mechanism to pay the administrative costs of the revision or expansion of the scope of practice;
(viii)
Any proposal containing a continuing education requirement for a health profession shall be accompanied by evidence that the requirement has been proven effective for the health profession in other jurisdictions;
(ix)
Evidence that the applicant has notified the appropriate licensing entity of the submittal of the application for panel review;
(x)
Any other information relevant to the requested review as determined by the panel.
(c)
To be considered by the panel, an applicant seeking to establish a new practice act under state law to govern an unregulated health profession or to make changes to an existing practice act shall submit its proposal to the panel not later than June 1 of each year. Late applications shall not be considered by the panel for the upcoming legislative session except as specified by rule of the department.
(d)
The failure of a professional or occupational group to present proposed changes to the panel as specified under this chapter shall not prevent the legislature from considering whether to regulate an unregulated health profession or to change the scope of practice of a health profession regulated by a licensing entity.
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105.
Application fee; disposition; waiver.
(a)
Each application shall be accompanied by an application fee of five hundred dollars ($500.00) to be submitted to the panel at the time the application is filed. The panel shall remit all application fees to the state treasurer for credit to a separate account, the funds of which are continuously appropriated to the
department of health to defray the costs in administering this chapter
. The application fee shall not be refundable, but the panel may waive all or part of the fee if it finds it to be in the public interest to do so. Such a finding may include, but shall not be limited to:
(i)
The applicant is an agency of state government;
(ii)
The applicant will not be materially affected by the implementation of the proposed regulation or change in scope of practice; or
(iii)
Payment of the application fee would impose unreasonable hardship on the applicant.
Section 2.
The department of health shall promulgate rules and regulations necessary to implement this act on or before July 1, 2020.
Section 3.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2020.
(b)
Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of 16 the Wyoming Constitution.
(END)
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HB0115