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21LSO-0417
2021
STATE OF WYOMING
21LSO-0417
Numbered
2.0
HOUSE BILL NO. HB0113
Public health orders-limitations.
Sponsored by: Representative(s) Harshman and MacGuire and Senator(s) Wasserburger
A BILL
for
AN ACT relating to public health; imposing requirements for the issuance of public health orders; limiting the duration and scope of public health orders as specified; modifying quarantine and other provisions relating to public health orders; 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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1
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245 is created to read:
35
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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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1
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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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4
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112(c) shall be effective unless the governor has:
(i)
Signed the public health order; and
(ii)
Declared a public health emergency pursuant to W.S. 35
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4
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115(a)(i).
(b)
No public health order issued pursuant to W.S. 35
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1
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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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4
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112(c)
shall be effective for a period exceeding thirty (30) days within an unincorporated area of a county or within a city or town unless the order is ratified in accordance with this subsection. Any order ratified by the applicable governing body shall be effective for a maximum of thirty (30) 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 to apply to a person or location within an unincorporated area of a county shall be
ratified by the board of county commissioners of that county;
(ii)
An order issued to apply to a person or location within a city or town shall be ratified by the governing body of that municipality.
(c)
For purposes of this section, a public health order is considered to be effective for a period exceeding thirty (30) days if the public health order includes an effective period that exceeds thirty (30) days or if the material requirements of the order are contained in multiple orders whose combined effective period exceeds thirty (30) days within any twelve (12) month period.
Section 2.
W.S. 35
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1
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240(a)(ii) through (iv), 35
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4
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103, 35
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4
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112(c) and 35
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4
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115(a)(ii)(A) and (B) are amended to read:
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1
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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 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
of persons reasonably believed to be or known to be infected with a contagious disease
, 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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1
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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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1
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245
;
35
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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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4
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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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1
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245.
For purposes of this act, "state health officer" means as defined in W.S. 9
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2
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103(e).
35
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4
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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.
35
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115.
Definitions.
(a)
As used in this article:
(ii)
"Quarantine" means:
(A)
The physical separation and confinement
from nonquarantined individuals
of an individual or group of individuals
that has been, or may have been, exposed to, or is
reasonably believed to be infected with
,
a contagious or possibly contagious disease
, from nonquarantined individuals,
to prevent or limit the transmission of the disease to nonquarantined individuals;
(B)
The isolation of a geographic area where individuals
are located who have been or
are reasonably believed to have been
exposed to or
infected by a contagious or possibly contagious disease
.
; or
Section 3.
W.S. 35
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4
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115(a)(ii)(C) is repealed.
Section 4
.
This act is effective July 1, 2021
.
(END)
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HB0113