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21LSO-0306
2021
STATE OF WYOMING
21LSO-0306
Numbered
2.0
HOUSE BILL NO. HB0098
Public health orders-reforms.
Sponsored by: Representative(s) Gray, Andrew, Bear, Greear, Jennings, Neiman, Ottman, Styvar and Winter and Senator(s) Biteman, Driskill and Steinmetz
A BILL
for
AN ACT relating to public health; limiting public health orders as specified; requiring legislative ratification and gubernatorial approval of health orders as specified; requiring ratification of political subdivision health orders as specified; requiring senate confirmation of the state health officer; authorizing the removal of the state health officer and local health officers as specified; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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245 is created to read:
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1
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245.
Public health orders limitations; ratification.
(a)
No public health order issued pursuant to W.S. 35
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240(a)(ii), (iii) or (iv), 35
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4
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103 or 35
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112 shall be effective unless signed by the governor.
(b)
No public health order issued pursuant to W.S. 35
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240(a)(ii), (iii) or (iv), 35
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4
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103 or 35
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112 shall be effective for a period exceeding ten (10) days unless the order is ratified by the legislature through legislative order, each house voting separately, or as provided in subsection (c) of this section. Any order ratified by legislative order shall be effective for a maximum of ten (10) days after the ratification. Public health orders subject to this subsection may be ratified more than one (1) time.
(c)
If the legislature is not in session at the time a public health order under
W.S. 35
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240(a)(ii), (iii) or (iv), 35
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103 or 35
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4
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112
is issued and the legislature
declines to convene a session within the ten (10) days of the issuance of the order, the governor may extend the order for an additional seven (7) days provided the governor calls a special session of the legislature concurrently with the issuance of the extension.
(d)
No public health order issued solely by a county, municipal or district health officer or by a county or municipal board of health under this article shall be effective for a period exceeding ten (10) days unless the order is ratified in accordance with this subsection. Any order ratified by the applicable governing body as provided in this subsection shall be effective for a maximum of ten (10) days after the ratification. Public health orders subject to this subsection may be ratified more than one (1) time. For purposes of this subsection:
(i)
An order issued by a county health officer or by a county board of health shall be ratified by a vote of the majority of the board of county commissioners of that county;
(ii)
An order issued by a municipal health officer or by a city board of health shall be ratified by a vote of the majority of the members of the governing body of that municipality;
(iii)
An order issued by a district health officer or a district board of health shall be ratified by a majority vote of the governing bodies of each political subdivision participating in the district.
(e)
For purposes of this section, a public health order is considered to be effective for a period exceeding ten (10) days if the public health order includes an effective period that exceeds ten (10) days or if the material requirements of the order are contained in multiple orders whose combined effective period exceeds ten (10) days within any twelve (12) month period.
Section 2.
W.S. 9
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2
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103(e)(intro), 35
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240(a)(ii) through (iv), 35
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306(a), 35
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103 and 35
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112(c) are amended to read:
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2
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103.
Division administrators; appointment; qualifications; duties; salaries, tenure and removal generally; necessary personnel.
(e)
The director shall appoint a state health officer who shall be licensed in Wyoming as a physician and who shall carry out the statutory duties and any other duties assigned to him by the director.
The state health officer shall be confirmed by the senate. Notwithstanding W.S. 9
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202(b), the governor may remove the state health officer at his discretion.
The state health officer shall:
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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:
(ii)
To investigate and control the causes of epidemic, endemic, communicable, occupational and other diseases and afflictions, and physical disabilities
resulting therefrom, affecting the public health
. Orders imposed under this paragraph to control the cause of disease are subject to the limitations imposed by W.S. 35
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1
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245
;
(iii)
To establish, maintain and enforce isolation and quarantine, and in pursuance thereof, and for such purpose only, to exercise such physical control over property and over the persons of the people within this state as the state health officer may find necessary for the protection of the public health
. Orders imposed under this paragraph are subject to the limitations imposed by W.S. 35
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245
;
(iv)
To close theaters, schools and other public places, and to forbid gatherings of people when necessary to protect the public health
. Orders imposed under this paragraph are subject to the limitations imposed by W.S. 35
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245
;
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306.
Appointment of health officer and other personnel where departments not established; fees and charges for services; payment.
(a)
In counties or municipalities where such departments are not established the boards of county commissioners or municipal governing body shall appoint the county or municipal health officer and other necessary personnel. The governing body of any combination of municipalities, counties, or municipalities and counties where such departments are not established may form a health district and appoint a district health officer thereof. The term of office for the county, municipal, or district health officer shall be four (4) years unless sooner removed by the board of county commissioners, municipal, or district governing body.
Additionally, the governing bodies of each political subdivision participating in the district may jointly act to remove a district health officer by a majority vote of each governing body voting separately.
He shall have a degree of doctor of medicine, and shall assist the state department
of health in carrying out the provisions of all health and sanitary laws and regulations of the state.
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4
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103.
Investigation of diseases; quarantine; regulation of travel; employment of police officers to enforce quarantine; report of county health officer; supplies and expenses.
The department of health shall, immediately after the receipt of information that there is any smallpox, cholera, scarlet fever, diphtheria or other infectious or contagious disease, which is a menace to the public health, in any portion of this state, order the county health officer to immediately investigate the case and report to the state health officer the results of the investigation. The state health officer shall, subject to W.S. 35
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112 and if in his judgment the occasion requires, direct the county health officer to declare the infected place to be in quarantine. The county health officer shall place any restrictions upon ingress and egress at this location as in his judgment or in the judgment of the state health officer are necessary to prevent the spread of the disease from the
infected locality. The county health officer shall upon declaring any city, town or other place to be in quarantine, control the population of the city, town or other place as in his judgment best protects the people and at the same time prevents the spread of the disease. If necessary for the protection of the public health and subject to W.S. 35
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112, the state health officer shall establish and maintain a state quarantine and shall enforce practical regulations regarding railroads or other lines of travel into and out of the state of Wyoming as necessary for the protection of the public health. The expenses incurred in maintaining the state quarantine shall be paid out of the funds of the state treasury appropriated for this purpose and in the manner in which other expenses of the department are audited and paid. The county health officer or the department may employ a sufficient number of police officers who shall be under the control of the county health officer, to enforce and carry out any quarantine regulations the department may prescribe. The regulations shall be made public in the most practicable manner in the several counties, cities, towns or other places where the quarantine is established. If the
quarantine is established by the county health officer, he shall immediately report his actions to the state health officer. The county health officer shall furnish all supplies and other resources necessary for maintaining the quarantine. Upon certificate of the county health officer approved by the director of the state department of health, the county commissioners of any county where a quarantine has been established shall issue warrants to the proper parties for the payment of all expenses, together with the expense of employing sufficient police force, to maintain and enforce the quarantine.
Any order imposed under this section is subject to the limitations imposed by W.S. 35
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245.
For purposes of this act, "state health officer" means as defined in W.S. 9
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103(e).
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112.
Right of appeal of quarantine.
(c)
In the event of a public health emergency of unknown effect, the state health officer may impose a temporary quarantine until there is sufficient information to determine what actions, if any, are reasonably needed to protect the public health.
Any order imposed under this
subsection is subject to the limitations imposed by W.S. 35
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1
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245.
Section 3
.
This act shall apply to public health orders in effect on or after the effective date of this act. For purposes of calculating the effective period of public health orders in effect on the effective date of this act, the first day of the effective period shall be the effective date of this act.
Section 4
.
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)
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HB0098