Free speech for health care providers.

26LSO-0356
2026
STATE OF WYOMING
26LSO-0356
Numbered
2.0

HOUSE BILL NO. HB0143

Free speech for health care providers.

Sponsored by: Representative(s) Ottman, McCann and Smith and Senator(s) Laursen, D

A BILL

for

AN ACT relating to health care providers; prohibiting state agencies and boards from discriminating against health care providers based on the providers' speech and expressions; prohibiting state agencies and boards from contracting with or requiring health care providers to be licensed by specified boards and agencies; requiring health care providers to be notified of specified complaints; authorizing causes of action as specified; providing definitions; amending the Wyoming Governmental Claims Act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 1
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39
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125 and 35
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34
‑
101 through 35
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34
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103 are created to read:

1
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39
‑
125.

Liability; free speech for health care providers.

A governmental entity is liable for damages resulting from a violation of W.S. 35
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34
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101 through 35
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34
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103.

CHAPTER 34
FREE SPEECH FOR HEALTH CARE PROVIDERS ACT

35
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34
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101.

Short title.

This act shall be known and may be cited as the "Free Speech for Health Care Providers Act."

35
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34
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102.

Definitions.

(a)

As used in this act:

(i)

"Discrimination" means one (1) or more of the following actions taken by a state agency against a health care provider:

(A)

An adverse action, including but not limited to:

(I)

A denial, revocation or suspension of a license or certification;

(II)

A reprimand that results in disciplinary action against the health care provider;

(III)

A reduction in rank or pay;

(IV)

Loss of privileges;

(V)

Termination of employment.

(B)

The communication of a threat of adverse action.

(ii)

"Health care provider" means any person who participates in the delivery of a health care service, including:

(A)

Physicians and physician assistants;

(B)

Advanced practice registered nurses,

registered nurses and licensed practical nurses;

(C)

Hospital, clinic or nursing home employees;

(D)

Pharmacists, pharmacy technicians and other pharmacy employees;

(E)

Medical school, nursing school, psychology and counseling school faculty and students;

(F)

Mental health professionals, including but not limited to psychologists, psychiatrists and mental health counselors;

(G)

Social workers;

(H)

Physical therapists;

(J)

Any other person who participates in the delivery of a health care service.

(iii)

"Health care service" means medical research and health care provided to any person at any time over the course of treatment, including:

(A)

Medical testing, diagnosis, prognosis and referrals;

(B)

The prescribing, dispensing or administering of any medication or medical device;

(C)

Mental health therapy or counseling;

(D)

Physical therapy;

(E)

Record making and record keeping;

(F)

Note taking related to medical treatment;

(G)

The preparation for or performance of a surgery or other medical procedure;

(H)

Any other medical care, research or service provided by a health care provider.

(iv)

"State agency" means any state agency, department, board or commission;

(v)

"This act" means W.S. 35
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34
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101 through 35
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34
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103.

35
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34
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103.

Free speech protected from state discrimination; notice of speech
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based complaints; civil remedies.

(a)

No state agency shall discriminate against a health care provider for engaging in speech, expression or association that occurs within the scope of providing health care services or medical advice and that is protected from government interference by the first amendment to the United States constitution and article 1, sections 20 and 21 of the Wyoming constitution, unless the state agency demonstrates by clear and convincing evidence that the health care provider's speech, expression or association was the direct and proximate cause of physical or mental harm to a patient with whom the health care provider had a provider
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patient relationship within the previous three (3) years.

(b)

After determining that a health care provider has been discriminated against by a board, commission or agency for engaging in speech, expression or association that is protected from government interference by the first amendment to the United States constitution and article 1, sections 20 and 21 of the Wyoming constitution within the previous three (3) years, no state agency shall contract with or require a person to obtain a license or certification from that board, commission or agency, provided that such speech, expression or association did not constitute medical advice to a specific patient.

(c)

Not later than fourteen (14) days after receipt of the complaint or action, any applicable state agency shall provide a health care provider with notice of any complaint or action to suspend or revoke the health care provider's license or certification due to the health care provider's engaging in speech, expression or association under the first amendment to the United States constitution and article 1, sections 20 and 21 of the Wyoming constitution. Each state agency that fails to provide notice under this subsection shall be subject to a fine of five hundred dollars ($500.00) for each week that the notice is not provided to the health care provider.

(d)

A health care provider may bring a civil action against a state agency for damages, injunctive relief or both in a court of competent jurisdiction for any alleged violations of this act. In a proceeding to enforce any of the provisions of this act, a court may award reasonable costs to the affected health care provider, including attorney's fees.

Section 2
.

This act is effective July 1, 2026
.

(END)

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HB0143