Board of medicine-improper enforcement actions.

21LSO-0412
2021
State of Wyoming
21LSO-0412
Numbered
2.0

House JOINT RESOLUTION
NO.
HJ0002

Board of medicine-improper enforcement actions.

Sponsored by: Representative(s) Bear, Fortner, Gray, Knapp, Laursen, Neiman, Styvar and Wharff and Senator(s) French and McKeown

A JOINT RESOLUTION

for

A JOINT RESOLUTION disapproving of the board of medicine's statement on COVID-19 prescribing and conservation of health resources and requesting its withdrawal and rescission.

WHEREAS, in December 2019, a novel coronavirus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) was first detected in Wuhan, Hubei Province, People's Republic of China, leading to outbreaks of novel coronavirus disease (COVID-19) that have now spread globally; and

WHEREAS, the president of the United States declared a national emergency over the coronavirus outbreak amid growing case numbers nationwide; and

WHEREAS, on March 13, 2020, the governor declared a state of emergency in Wyoming in anticipation of the spread of COVID-19 to the state; and

WHEREAS, the governor, the state health officer and local health officers responded with swift and unprecedented measures to respond to COVID-19, including measures that have been unduly burdensome for Wyoming residents and physicians; and

WHEREAS, physicians and medical experts around the country explored possible methods and treatments for mitigating the symptoms and effects of COVID-19, including the use of hydroxychloroquine, in order to save lives and reduce the broad societal impacts of COVID-19; and

WHEREAS, on March 26, 2020, the Wyoming board of medicine adopted a statement calling for a stop to inappropriate prescribing of medications, including hydroxychloroquine, in
response to COVID-19. The board's statement made clear that it expected Wyoming physicians and physician assistants to adhere to the standard of care at all times and cautioned Wyoming physicians and physician assistants that it would aggressively investigate any reports of inappropriate prescribing related to COVID-19 and any reports of misallocation of scarce health resources. The board described these failures as potential violations of the Wyoming Medical Practice Act and stated that they would not be tolerated by the board; and

WHEREAS, Article 1, Section 38 of the Wyoming Constitution provides that each competent adult has the right to make his own health care decisions, and that each parent or guardian has the right to make health care decisions for the person under their care; and

WHEREAS, Article 1, Section 38 further provides that the state of Wyoming shall act to preserve these rights from undue governmental infringement; and

WHEREAS, the people of Wyoming enacted Article 1, Section 38 in response to federal laws that served as an overreach into
the health care and health care decisions of Wyoming residents and United States citizens; and

WHEREAS, the Wyoming board of medicine's March 26, 2020 statement precludes physicians from exploring and utilizing all possible options for treating Wyoming residents for COVID-19 based on the wishes and decisions of Wyoming residents; and

WHEREAS, the Wyoming board of medicine's March 26, 2020 statement unduly burdens Wyoming residents seeking medical care related to COVID-19 and unduly infringes on the right of Wyoming residents to make their own health care decisions.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.

That the legislature strongly condemns the Wyoming board of medicine's statement on March 26, 2020 that limits Wyoming physicians from exploring possible prescription options for the treatment of COVID-19, threatens physicians who work with Wyoming residents who make their own health care decisions, a right enshrined in the Wyoming
Constitution, and that infringes on the rights of Wyoming residents to make their own health care decisions.

Section 2.

(a)

That the legislature finds that the Wyoming board of medicine's March 26, 2020 statement violated the Wyoming constitution by:

(i)

Improperly banning or prohibiting an otherwise legal medical treatment, as the ability to proscribe any form of medical care is expressly reserved to the legislature in the Wyoming constitution;

(ii)

Improperly limiting Wyoming physicians from exploring possible prescription options for the treatment of COVID-19, thereby violating the right-to-try provisions of the Wyoming constitution that allow Wyoming residents to make their own health care decisions;

(iii)

Failing, as an agency of the state of Wyoming, in its affirmative duty to defend the health care
freedom of Wyoming citizens as required by the Wyoming constitution.

Section 3.

That the legislature strongly recommends that without delay the Wyoming board of medicine rescind its statement on March 26, 2020 in order to preserve the rights and the freedom of Wyoming residents to make their own health care decisions as enshrined in the Wyoming Constitution.

Section 4.

If the Wyoming board of medicine fails to reverse its unconstitutional action, that the legislature authorizes and requires the speaker of the house and the president of the senate to take any and all actions necessary to cure the unconstitutional action and to preserve the rights and duties of the Wyoming legislature and the rights of Wyoming residents.

Section 5.

That the Secretary of State of Wyoming transmit copies of this resolution to the governor, the state health officer and the Wyoming board of medicine.

(END)
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HJ0002