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23LSO-0495
2023
STATE OF WYOMING
23LSO-0495
Numbered
2.0
HOUSE BILL NO. HB0258
Denturist practice act.
Sponsored by: Representative(s) Winter and Trujillo
A BILL
for
AN ACT relating to professions and occupations; amending dentists and dental hygienists licensing statutes to include denturists; authorizing a denturist to be added to the board as specified; specifying that this act does not apply to denturitry students performing denturitry as part of their curriculum; specifying that denturists shall only perform dental laboratory work at the direction of a dentist; specifying that denturists may perform services for patients if trained to do so in a denturitry school accredited by the National Denturist Association or other approved education program and under the supervision of a dentist; amending requirements relating to permissible supervised work by specified persons; amending other laws relating to dentists and dental hygienists to include denturists as specified; requiring rulemaking; providing an appropriation; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 1
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1
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129(a)(i)(D), 33
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15
‑
101(c) and (e), 33
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15
‑
108(h), 33
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15
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109(a) and (b), 33
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15
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111, 33
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15
‑
114(a)(xii) and (b)(intro), 33
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15
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115(a)(ii) through (iv) and by creating a new paragraph (v), 33
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15
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117, 33
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15
‑
119, 33
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15
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120(a) and (c) through (e), 33
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15
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121(a)(intro), (i), (iv) and (v), 33
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15
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128(a)(ii), (xii)(A) through (C), (xiii), by creating new paragraphs (xvii) and (xviii) and by renumbering (xvii) as (xix), 33
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15
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131(d)(i), (ii)(A), (B), (iii)(A), (B), (iv)(A), (B), (e) and (g) through (j), 33
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15
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133(a) and 40
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28
‑
102(a)(iv) are amended to read:
1
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1
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129.
Immunity from liability for volunteer health care professionals; insurance required of nonprofit health care facility
.
(a)
As used in this section:
(i)
"Health care professional" means any of the following who provide medical or dental diagnosis, care or treatment:
(D)
Dentists
,
and
dental hygienists
and denturists
licensed to practice as provided in title 33, chapter 15 of the Wyoming statutes; and
33
‑
15
‑
101.
Board of dental examiners; generally.
(c)
No person is eligible to membership on the board who is not legally qualified to practice; who has not engaged in the active practice of dentistry in the state of Wyoming for at least five (5) continuous years immediately prior to appointment; who does not at the time of his appointment hold a certificate entitling him to practice dentistry in the state of Wyoming; and who is not a resident of the state of Wyoming. One (1) appointed member of the board shall be a dental hygienist who has the qualifications provided in this act.
One (1) appointed member of the board may be a denturist who has the qualifications provided in this act.
No member shall succeed himself in office for more than two (2) successive terms.
(e)
Appointments by the governor to the board shall be made from a list of recommended names submitted by the Wyoming Dental Association
,
and
Wyoming Dental Hygiene Association
and the Wyoming State Denturist Association if applicable
as follows:
(i)
The Wyoming Dental Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of the names of not less than ten (10) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made;
and
(ii)
The Wyoming Dental Hygiene Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of not less than three (3) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made
;
.
and
(iii)
If a denturist serves on the board, the Wyoming State Denturist Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of not less than three (3) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made.
33
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15
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108.
Licensing; qualifications; examinations; fees.
(h)
The board may make and prescribe rules and regulations for the licensure and practice of dentistry in the state of Wyoming, not inconsistent with this act.
For purposes of this subsection, "practice of dentistry" includes the work of dental hygienists,
denturists,
dental auxiliaries, dental technicians and dental laboratories.
33
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15
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109.
Renewal license certificate.
(a)
On or before December 31 of every second year, each dentist
and denturist
licensed to practice dentistry in this state and wishing to continue in the practice of dentistry shall submit a license renewal application with the applicable renewal fee.
Any license granted by the board shall expire if the holder fails to secure the renewal certificate within three (3) months after the date that the license renewal application is required to be submitted.
(b)
Any dentist
or denturist
whose application for renewal indicates that the dentist
or denturist
has not actively practiced dentistry or engaged in teaching dentistry
,
or
dental hygiene
or denturitry
for the preceding five (5) years shall be issued a renewal certificate only after demonstrating to the board that the dentist
or denturist
has maintained the qualifications set forth in this act. The board may require reexamination if it finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee.
33
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15
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111.
List of licensees filed with board office.
The board shall annually publish a list of all dentists
,
and
dental hygienists
and denturists
licensed under this act. The list shall contain the name and address of each dentist
,
and
dental hygienist
and denturist
and such other information as the board deems advisable. The board office shall furnish copies to the public upon request or by access to the board's website.
33
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15
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114.
Persons deemed to be practicing dentistry; work authorizations from licensed dentist.
(a)
Except as provided by paragraph (xii) of this subsection, any person is deemed to be practicing dentistry within the meaning of this act:
(xii)
A dental laboratory
,
or
dental technician
or denturist
is not practicing dentistry within the meaning of this act when engaged in the construction, making, alteration or repairing of bridges, crowns, dentures or other prosthetic or surgical appliances, or orthodontic appliances if the casts or molds or impressions upon which the work is constructed have been made by a regularly licensed and practicing dentist
or denturist
, and if all crowns, bridges, dentures or prosthetic appliances, surgical appliances or orthodontic appliances are returned to the dentist upon whose order the work is constructed.
(b)
Any licensed dentist
or denturist
who employs or engages the service of any person, firm or corporation
outside of the dental office
to construct, reproduce, make, alter or repair bridges, crowns, dentures or other prosthetic, surgical or orthodontic appliances shall furnish the person with a written work authorization on forms prescribed by the board, which contain:
33
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15
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115.
Persons to whom chapter inapplicable.
(a)
Nothing in this act contained applies:
(ii)
To a legally qualified
dentist,
dental hygienist or
dentist
denturist
engaged in full
‑
time duties with the United States armed forces, public health service, veterans administration or other federal agencies;
(iii)
To a legally qualified
dental hygienist or
dentist
, dental hygienist or denturist
of another state making a clinical demonstration before a meeting of dentists or dental auxiliaries; or
(iv)
To dental
,
and
dental hygiene
and denturitry
students actively enrolled in any American Dental Association
or other board approved
accredited dental
or denturitry
educational program performing services as a part of the curriculum of that program under the direct supervision of a Wyoming licensed dentist
,
or
Wyoming licensed dental hygienist instructor
or Wyoming licensed denturist;
(v)
To denturitry students actively enrolled in any educational institution approved by the board and pursuing a major course of study in denturitry
.
33
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15
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117.
Dental laboratory technicians and denturists.
Dentists may employ one (1) or more dental laboratory technicians
or denturists
who work only under the direction and supervision of the dentist and who shall not be permitted under any circumstances to do any
unsupervised
work upon any patient. Dental laboratory technicians
and denturists
shall not be allowed to do laboratory work of any kind except at the direction of dentists duly licensed to practice, and then only upon written prescription issued by the dentists
if the dental laboratory work is completed outside the dental office
.
33
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15
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119.
Dental hygienists and denturists; generally.
Any dentist authorized to practice dentistry within the state may employ dental hygienists
and denturists
who shall be examined and possess the qualifications provided in this act. A dental hygienist
or denturist
may perform any services for a patient which are consistent with what
the
dental hygienists
and denturists
are trained to do in accredited dental hygiene
or denturitry
schools accredited by the commission on dental accreditation of the American Dental Association
, the National Denturist Association or other board approved education program
. Hygienists
and denturists
shall not perform any other operation on the teeth or mouth and shall be regulated by the rules and regulations promulgated by the board. The above services shall be performed under the supervision of a licensed dentist. Dental hygienists
and denturists
shall practice in the office of any licensed dentist, or in any public or private institution under the supervision of a licensed dentist. The board may revoke or suspend the license of any dentist who permits any dental hygienist
or denturist
operating under his supervision to perform any operations or functions other than those permitted under this act.
33
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15
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120.
Dental hygienists and denturists; qualifications; examination; fees and license.
(a)
Any person who has a background that does not evidence conduct adverse to the practice of dental hygiene
or denturitry
or to the ability to practice dental hygiene
who is
or denturitry and meets the following qualifications may apply to the board to have the person's qualifications considered for licensure to practice dental hygiene or denturitry as follows:
(i)
An applicant for licensure as a dental hygienist shall be
a graduate of a dental hygiene program accredited by the commission on dental accreditation of the American Dental Association
or other board approved program
, who has passed a written, clinical and state examination as determined by rule of the board may apply to the board to have the person's qualifications considered for licensure to practice dental hygiene
;
(ii)
An applicant for licensure as a denturist shall be a graduate of a denturist program certified by the National Denturist Association or other board approved educational program, shall pass in a manner satisfactory to the board an examination for the practice of denturitry established by the National Denturist Association or other board approved examination and shall pass a clinical examination accepted by the board
.
Applicants shall be required to pass a written examination satisfactory to the board;
(iii)
Persons licensed to practice denturitry under the laws of any other state, territory of the United States, District of Columbia or Puerto Rico, with substantially equivalent licensing standards to this article applicable to denturitry shall be licensed without examination upon providing the board with the following:
(A)
Proof of successfully passing a written and clinical examination for denturitry in a state, territory of the United States, District of Columbia or Puerto Rico, that the board has determined has substantially equivalent licensing standards as those in this act, including but not limited to both the written and clinical examination; and
(B)
An affidavit from the licensing agency where the person is licensed or certified attesting to the fact of the person's licensure or certification.
(c)
If the applicant successfully completes the requirements for licensure, the applicant shall be licensed as a dental hygienist
or denturist
. If the expanded duties applicant has successfully met the requirements for expanded duties, the applicant shall be certified in those expanded duties. The certificate issued by the board shall list the expanded duties which the hygienist
or denturist
is qualified and permitted to perform. On or before December 31 of every second year, each dental hygienist
or denturist
licensed to practice dental hygiene
or denturitry
and wishing to continue in the practice of dental hygiene
or denturitry
shall submit a license renewal application with the applicable renewal fee. The renewal certificate shall be made available to the supervising dentist. Any license granted by the board shall expire if the holder fails to secure the renewal certificate within three (3) months after the date that the license renewal application is required to be submitted. Any license that has expired may be restored by the board upon payment of a fee set by the board, if paid by December 31 of the year the license expired.
(d)
Any dental hygienist
or denturist
whose application for renewal indicates that the hygienist
or denturist
has not actively practiced
or engaged in teaching
dental hygiene
or engaged in teaching dental hygiene
or denturitry
for the preceding five (5) years shall be issued a renewal certificate only after demonstrating to the board that the hygienist
or denturist
has maintained the qualifications set forth in this act. The board may require reexamination if it finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee under this act.
(e)
The board shall promulgate reasonable rules and regulations for the licensure
and practice
of dental hygienists
and the practice of dental hygiene
and denturists
, and may prescribe continuing education requirements for renewal certificates and relicensure.
33
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15
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121.
Grounds and proceedings for suspension of, revocation of or refusal to renew a license for a dental hygienist or denturist.
(a)
The board may refuse to issue or renew, or may suspend or revoke, the license of any dental hygienist
or denturist
for any of the following causes:
(i)
Conviction of, entry of a plea of nolo contendere to or entry of a deferred prosecution agreement pursuant to W.S. 7
‑
13
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301 to a felony or misdemeanor that relates adversely to the practice of dental hygiene
or denturitry
or the ability to practice dental hygiene
or denturitry
;
(iv)
Renting or loaning to another person the hygienist's
or denturist's
license or diploma to be used as a license or diploma for the other person;
(v)
Being unfit or incompetent to practice dental hygiene
or denturitry
for any reason, including but not limited to:
(A)
Inability to practice dental hygiene
or denturitry
with reasonable skill and safety because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance; or
(B)
Performance of unsafe dental hygiene practice
or denturitry practice
or failure to conform to the standards of acceptable professional dental hygiene practice
or denturitry practice
, whether or not actual injury results.
33
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15
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128.
Definitions.
(a)
As used in this act:
(ii)
"Dentistry" means the healing art practiced by a dentist
, dental hygienist or a denturist
which is concerned with the examination, diagnosis, treatment, planning and care of conditions within the human oral cavity and its adjacent tissues and structures;
(xii)
"Proprietor" includes any person who:
(A)
Employs dentists, dental hygienists
, denturists
or dental auxiliaries in the operation of a dental office, except as defined in this act; or
(B)
Places in the possession of a dentist, dental hygienist
,
or
denturist,
dental auxiliary or
any
other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or
(C)
Retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists, dental hygienists,
denturists,
dental auxiliaries or any other agents, excepting that nothing in this subparagraph shall apply to bona fide sales of dental equipment or material secured by a chattel mortgage or retain
‑
title agreement or the loan of articulators.
(xiii)
"Expanded duties" means those patient's services which are beyond those regularly practiced by dental hygienists
,
or
denturists,
dental technicians or other dental auxiliary functions and which require additional education which shall be approved by the board of dental examiners of Wyoming and are to be performed under the direct supervision of a licensed dentist;
(xvii)
"Denturist" means a person who is supervised by a dentist and is licensed to render removable oral prostheses services, education and dentistry services defined in this act, as well as other duties required in the practice of a denturist's duties;
(xviii)
"Denturitry" means the practice of a denturist who, at the direction and supervision of a licensed dentist, makes, provides, repairs or alters removable oral prosthetic appliances and other removable artificial devices that are inserted into the human mouth or that come into contact with the human mouth and its adjacent tissues and structures;
(xvii)
(xix)
"This act" means W.S. 33
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15
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101 through 33
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15
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133 and may be cited as the "Wyoming Dental Practice Act".
33
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15
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131.
Dentist, dental hygienist or denturist volunteer certificate.
(d)
An application for a volunteer's certificate shall include all of the following:
(i)
A copy of the applicant's dentistry
,
or
dental hygienist
or denturist
degree;
(ii)
One (1) of the following, as applicable:
(A)
A copy of the applicant's most recent license or certificate authorizing the practice of dentistry
,
or
dental hygiene
or denturitry
issued by a jurisdiction in the United States that licenses persons to practice dentistry
,
or
dental hygiene
or denturitry
; or
(B)
A copy of the applicant's most recent license equivalent to a license to practice dentistry
,
or
dental hygiene
or denturitry
in one (1) or more branches of the United States armed services that the United States government issued.
(iii)
Evidence of one (1) of the following, as applicable:
(A)
That the applicant has maintained for at least ten (10) years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice as a dentist
,
or
dental hygienist
or denturist
; or
(B)
That the applicant has practiced for at least ten (10) years immediately prior to retirement in good standing as a dentist
,
or
dental hygienist
or denturist
in one (1) or more of the branches of the United States armed services
.
; and
(iv)
A notarized statement from the applicant, on a form prescribed by the board, that the applicant:
(A)
Will not accept any form of remuneration for any dental
,
or
dental hygiene
or denturitry
services rendered while in possession of a volunteer's certificate;
(B)
Will devote his practice exclusively and totally to providing dental
,
or
dental hygiene
or denturitry
services to low income uninsured persons at a nonprofit health care facility in this state; and
(e)
The holder of a volunteer's certificate may provide dental
,
or
dental hygiene
or denturitry
services only on the premises of a nonprofit health care facility in this state and only to low income uninsured persons. The holder shall not accept any form of remuneration for providing dental
,
or
dental hygiene
or denturitry
services while in possession of the certificate. The board may revoke a volunteer's certificate on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the certificate.
(g)
To be eligible for renewal of a volunteer's certificate, the holder of the certificate shall certify to the board completion of any continuing education required under this act as if the holder of the certificate were in active practice. The board shall not renew a certificate if the holder has not complied with the continuing education requirements. The nonprofit health care facility in which the holder provides dental
,
or
dental hygiene
or denturitry
services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education.
(h)
The board shall issue to each person who qualifies under this section a volunteer's certificate that states the certificate holder is authorized to provide
dental
,
or
dental hygiene
or denturitry
services pursuant to the laws of this state.
(j)
Except as provided in this section, any person holding a volunteer's certificate issued by the board under this section shall be subject to the requirements of this act and the jurisdiction of the board as if he were licensed to practice dentistry
,
or
dental hygiene
or denturitry
under this act.
33
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15
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133.
Temporary educator's license.
(a)
A temporary license may be issued to any
denturist,
dentist or dental hygienist who has applied for licensure and who exhibits good standing in another jurisdiction of the United States or Canada and has qualified for the requirements to be employed as an instructor at a dental hygiene
or denturist
school.
40
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28
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102.
Medical digital innovation sandbox waiver; applicability of criminal statutes; referrals; civil liability.
(a)
Notwithstanding any other provision of law, a person who makes an innovative medical digital assessment product or service available to consumers in the medical digital innovation sandbox may be granted a waiver from specified requirements imposed by statute or rule, or portions thereof, if these statutes or rules do not currently permit the product or service to be made available to consumers.
A waiver under this subsection shall be no broader than necessary to accomplish the purposes and standards set forth in this act, as determined by the department or the appropriate licensing board or authority under the chapters listed in this subsection.
The statutes within the following chapters of title 33 of the Wyoming statutes, and the rules adopted under them, or portions thereof, may be waived by the department and the appropriate licensing boards or authorities, upon receipt and approval of an application made to the department pursuant to W.S. 40
‑
28
‑
103:
(iv)
Chapter 15, dentists
,
and
dental hygienists
and denturists
;
Section 2.
(a)
If there are three (3) denturist candidates interested in serving on the board of dental examiners, the governor may appoint a denturist from the list of three (3) candidates to the board of dental examiners pursuant to this act not later than July 1, 2023.
(b)
If the governor appoints a denturist to the board of dental examiners, the Wyoming State Denturist Association shall present to the governor a list of not less than three (3) candidates from which appointments for vacancies on the board of dental examiners occurring during the ensuing year shall be made pursuant to this act not later than July 1, 2023.
Section 3.
There is appropriated nine thousand dollars ($9,000.00) from special revenue to the board of dental examiners to pay for administrative costs due to the implementation of this act for the period beginning the effective date of this act through June 30, 2024. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on July 1, 2024.
Section 4
.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2023.
(b)
Sections 2 and 4 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 the Wyoming Constitution.
(END)
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HB0258