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20LSO-0168
2020
STATE OF WYOMING
20LSO-0168
Numbered
2.0
HOUSE BILL NO. HB0145
Emergency services-medical supervision requirements.
Sponsored by: Representative(s) Pelkey, Barlow, Blackburn, Connolly, Olsen and Sommers and Senator(s) Baldwin
A BILL
for
AN ACT relating to professions and occupations; specifying who may serve as a medical director in the area of ambulance services; extending immunity from liability to such person; making conforming amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 1
‑
1
‑
120(b),
33
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36
‑
103(e), 33
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36
‑
104 by creating a new subsection (g) and 33
‑
36
‑
111(a)
are amended to read:
1
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1
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120.
Persons rendering emergency assistance exempt from civil liability.
(b)
Persons or organizations operating volunteer ambulances or rescue vehicles supported by public or private funds, staffed by unpaid volunteers, and which make no charge, or charge an incidental service or user fee, for services rendered during medical emergencies, and the unpaid volunteers who staff ambulances and rescue vehicles are not liable for any civil damages for acts or omissions in good faith in furnishing emergency medical services. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton misconduct. For purposes of this section, "unpaid volunteers" means persons who either receive incidental remuneration on a per call basis or receive no more than one thousand dollars ($1,000.00) annually for volunteer ambulance and rescue activities. The immunity provided by this subsection shall extend to a physician
,
advanced practice registered nurse or physician assistant
while serving in his capacity as medical director of any ambulance service, to hospitals and hospital employees for
activities directly related to providing clinical training as part of an emergency medical service class approved by the department of health, and to students while participating in emergency medical services training approved by the department of health. If an unpaid volunteer's, medical director's, hospital's or trainee's acts or omissions are subject to the provisions of the Wyoming Governmental Claims Act, immunity under this section is waived to the extent of the maximum liability provided under W.S. 1
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39
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118.
33
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36
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103.
Rules and regulations; procedure; initiation of proceedings.
(e)
Notwithstanding W.S. 33
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36
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104(g), t
he division shall recognize the practice requirements of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act,
W.S. 33
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36
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202, and shall prescribe any rules necessary for implementation of the compact.
33
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36
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104.
Ambulance business license; persons eligible; annual fee; renewal;
supervisory authority.
(g)
Except as otherwise provided in this section, an advanced practice registered nurse who holds a valid, unencumbered license under the Wyoming nurse practice act or a physician assistant who holds a valid, unencumbered license under title 33, chapter 26, article 5 of the Wyoming statutes shall be authorized to serve in the capacity of a medical director for any ambulance service. An advanced practice registered nurse or physician assistant may serve in the capacity of a medical director under this section only if the person is competent to monitor and assess the quality, safety and appropriateness of the services provided and so long as the services being monitored and assessed are within the scope of practice of the advanced practice registered nurse or physician assistant. This section shall not apply to the extent it conflicts with the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act under W.S. 33
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36
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202.
33
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36
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111.
Authorized acts of emergency medical technicians.
(a)
An individual who holds a valid emergency medical technician license issued by the division is authorized to perform any act authorized by division rules
,
and regulations,
under written or oral authorization of a licensed physician
or a medical director authorized by W.S. 33
‑
36
‑
104(c)
, and may provide emergency medical technician services in other states as permitted by the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
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202.
Section 2
.
The department of health
shall
review and modify its
rules
for consistency with
this
act.
Section 3.
This act is effective July 1, 2020
.
(END)
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HB0145