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25LSO-0486
2025
STATE OF WYOMING
25LSO-0486
Numbered
2.0
SENATE FILE NO. SF0129
Hospital employees-drug and alcohol testing.
Sponsored by: Senator(s) Laursen, D, McKeown, Olsen and Smith, D and Representative(s) Angelos, Hoeft, Rodriguez-Williams, Strock and Webber
A BILL
for
AN ACT relating to public health and safety; requiring a drug and alcohol testing program for all hospital employees and potential employees holding or seeking positions requiring safety sensitive duties; providing drug and alcohol counseling as specified; clarifying that the use of marijuana by hospital employees remains unlawful; amending and providing definitions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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2
‑
915 is created to read:
35
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2
‑
915.
Hospital employee drug and alcohol testing program; requirements.
(a)
As a condition of licensure through the department, each hospital in the state shall utilize:
(i)
A random drug and alcohol testing program for its employees and potential employees who hold or are seeking positions requiring safety sensitive duties, the requirements of which shall be determined by the department;
(ii)
The Wyoming professional assistance program for employees who test positive for drugs or alcohol as an alternative to disciplinary action, when doing so is determined to be the appropriate approach by hospital administration. If an employee tests positive for drugs or alcohol and is allowed to utilize the Wyoming professional assistance program, the employee shall:
(A)
Immediately be removed from safety sensitive duties;
(B)
Be evaluated by a qualified substance abuse counselor;
(C)
Complete any counseling or other treatment recommended by the substance abuse counselor;
(D)
Have a negative drug and alcohol test before returning to any safety sensitive duties;
(E)
Following the successful completion of a treatment program through the Wyoming professional assistance program for a positive drug or alcohol test, any subsequent positive drug and alcohol test result administered to an employee shall be reported to the department, who shall report the positive drug and alcohol test to the appropriate licensing board for determination of the person's further licensure within the state.
(b)
The department shall monitor compliance with the random drug and alcohol testing program through the department's health care facility licensure and survey process.
(c)
Drugs, for purposes of this section, are defined as those scheduled controlled substances listed within W.S. 35
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1
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1014 through 35
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7
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1022.
(d)
Drugs, excluding schedule 1 drugs under W.S. 35
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7
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1014, consumed as prescribed by a licensed health care provider are not subject to the requirement of treatment for a positive drug and alcohol test while the employee is under the care of a licensed health care provider.
(e)
The use of marijuana remains unlawful under federal and Wyoming law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in any locality where an employee resides or visits.
Section 2.
W.S. 35
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2
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901(a)(xxvii) is amended to read:
35
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2
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901.
Definitions; applicability of provisions.
(a)
As used in this act:
(xxvii)
"This act" means W.S. 35
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2
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901 through
35
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2
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914
35
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2
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915
.
Section 3.
The department of health shall promulgate all rules necessary to implement this act.
Section 4
.
(a)
Except as provided by subsection (b) of this section, this act is effective July 1, 2025
.
(b)
Sections 3 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)
1
SF0129