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26LSO-0305
2026
STATE OF WYOMING
26LSO-0305
Numbered
2.0
HOUSE BILL NO. HB0179
Hospital pricing transparency.
Sponsored by: Representative(s) Singh, Rodriguez-Williams and Wasserburger and Senator(s) Biteman
A BILL
for
AN ACT relating to public health and safety; requiring hospitals to list prices for medical items and services as specified; requiring the department of health to monitor and enforce the provisions of this act; requiring transparency regarding prescription drug pricing as specified; providing penalties; prohibiting collection actions as specified; requiring recommendations for proposed legislation; requiring reports; providing definitions; requiring rulemaking; making conforming amendments; 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
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1501 through 35
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2
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1512 are created to read:
ARTICLE 15
HOSPITAL PRICE TRANSPARENCY ACT
35
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2
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1501.
Short title; purpose.
(a)
This act shall be known and may be cited as the "Hospital Price Transparency Act."
(b)
The purpose of this act is to require hospitals to disclose prices for certain items and services, to provide civil penalties and to prohibit debt collection by hospitals in violation of this act.
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2
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1502.
Definitions.
(a)
As used in this act:
(i)
"340B covered facility" means a facility described in 42 U.S.C. § 256b(a)(4)(L) through 42 U.S.C. § 256b(a)(4)(O) that:
(A)
Is authorized to participate in the federal 340B drug pricing program under section 340B of the federal Public Health Service Act;
(B)
Has a service address in this state as of January 1 of the reporting year; and
(C)
Includes any offsite outpatient facility affiliated under the 340B program.
(ii)
"340B program" means the federal 340B drug pricing program established under 42 U.S.C. § 256b;
(iii)
"Charity care" means:
(A)
The unreimbursed cost to a facility of providing health care services; or
(B)
Otherwise financially supporting health care services:
(I)
To a person classified by the facility as financially indigent or medically indigent on an inpatient or outpatient basis; or
(II)
To financially indigent patients through other nonprofit or public outpatient clinics, facilities or health care organizations.
(iv)
"Department" means the department of health;
(v)
"De
‑
identified maximum negotiated charge" means the highest charge a facility has negotiated with all third party payors for a facility item or service;
(vi)
"De
‑
identified minimum negotiated charge" means the lowest charge a facility has negotiated with all third party payors for a facility item or service;
(vii)
"Discounted cash price" means the charge that applies to a person who pays cash, or a cash equivalent, for a facility item or service;
(viii)
"Facility" means a hospital licensed under title 35 of the Wyoming statutes;
(ix)
"Facility item or service" means all items and services, including individual items and services and service packages, that may be provided by a facility to a patient in connection with an inpatient admission or an outpatient visit, including:
(A)
Supplies and procedures;
(B)
Room and board;
(C)
Use of the facility and other areas, generally referred to as facility fees;
(D)
Services of health care providers, generally referred to as professional charges;
(E)
Prescription medication;
(F)
Any other item or service where a facility has established a standard charge.
(x)
"Financially indigent" means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for the services rendered based on the facility's financial criteria and procedure used to determine if a patient is eligible for charity care. The criteria and procedure shall include income levels and means testing indexed to the federal poverty guidelines. A facility may determine that a person is financially or medically indigent under the facility's eligibility system after health care services are provided;
(xi)
"Gross charge" means the charge for a facility item or service that is reflected on a facility's list, less any discounts;
(xii)
"Machine
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readable format" means a digital representation of information that can be imported or read into a computer system for processing;
(xiii)
"Medically indigent" means a person whose medical or hospital bills after payment by third party payors exceed a specified percentage of the patient's annual gross income, as determined in accordance with the facility's eligibility system, and who is financially unable to pay the remaining bill;
(xiv)
"Payor
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specific negotiated charge" means the charge that a facility has negotiated with a third party payor for a facility item or service;
(xv)
"Shoppable service" means a facility item or service that may be scheduled by a patient in advance;
(xvi)
"Standard charge" means the regular rate established by the facility for a facility item or service provided to a specific group of paying patients. The term includes any of the following:
(A)
The gross charge;
(B)
The payor
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specific negotiated charge;
(C)
The de
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identified minimum negotiated charge;
(D)
The de
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identified maximum negotiated charge;
(E)
The discounted cash price.
(xvii)
"Third
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party payor" means a person that is, by statute, contract or agreement, legally responsible for payment of a claim for a facility item or service;
(xviii)
"This act" means W.S. 35
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2
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1501 through 35
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2
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1512.
35
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2
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1503.
Public availability of price information; requirements.
(a)
Notwithstanding any other law, a facility shall make public on the home page of the facility's website:
(i)
A digital file in a machine
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readable format that contains a list of all standard charges, expressed in dollar amounts, for all facility items or services as described by W.S. 35
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2
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1504;
(ii)
A list of standard charges for a limited set of shoppable services as provided by W.S. 35
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2
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1505 which list can be read by a human person.
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2
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1504.
List of standard charges required.
(a)
A facility shall:
(i)
Maintain a list of all standard charges for all facility items or services in accordance with this section; and
(ii)
Make the list required under paragraph (i) of this subsection available at all times to the public, including by posting the list in the manner provided by this section.
(b)
The standard charges contained in the list required to be maintained by a facility under subsection (a) of this section shall reflect the standard charges applicable to each location of the facility, regardless of whether the facility operates in more than one (1) location or operates under the same license as another facility.
(c)
The list required by subsection (a) of this section shall include the following items, if applicable:
(i)
A description of each facility item or service provided by the facility;
(ii)
The following charges, expressed in dollar amounts if applicable, for each individual facility item or service when provided in either an inpatient or outpatient setting:
(A)
The gross charge;
(B)
The de
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identified minimum negotiated charge;
(C)
The de
‑
identified maximum negotiated charge;
(D)
The discounted cash price;
(E)
The payor
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specific negotiated charge, listed by the name of the third party payor and any plan associated with the charge and displayed in a manner that clearly associates the charge with each third party payor and plan; and
(F)
Any code used by the facility for purposes of accounting or billing for the facility item or service.
(iii)
Whether the facility receives any prescription drug discounts under 42 U.S.C. § 256b, and if so, the names of the discounted prescription drugs and the total amount of discounts received by the facility annually.
(d)
The list required by this section shall be displayed in a prominent location on the home page of the facility's publicly accessible website or accessible through a link on the home page of that website. If the facility operates multiple locations and maintains a single website, the list shall be posted for each location the facility operates in a manner that clearly associates the list with the applicable location of the facility.
(e)
The list required by this subsection shall:
(i)
Be available:
(A)
Free of charge;
(B)
Without having to establish a user account or password;
(C)
Without having to submit personal identifying information;
(D)
Without having to enter a code to access the list.
(ii)
Be accessible to a user of an internet search engine to the extent necessary for the search engine to index and display the list as a result in response to a search query;
(iii)
Be formatted in a manner prescribed by the department;
(iv)
Be digitally searchable;
(v)
Use the naming convention specified by the centers for Medicare and Medicaid services.
(f)
In prescribing the format for the list described by paragraph (e)(iii) of this section, the department shall:
(i)
Develop a template that each facility shall use in formatting the list;
(ii)
Consider any applicable federal guidelines for formatting similar lists required by federal law or rule and ensure that the design of the template enables health care researchers to compare the charges contained in the lists maintained by each facility; and
(iii)
Design the template to be substantially similar to the template used by the centers for Medicare and Medicaid services for purposes similar to those of this act, if the department determines that designing the template in that manner serves the purposes of paragraph (ii) of this subsection and that the department, consumers or patients benefit from developing and requiring that substantially similar design.
(g)
Each facility shall update the list required by this section not less than annually. Each facility shall clearly indicate on the list the date that the list was updated.
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1505.
Drug pricing program reporting.
(a)
Before April 1 of each year, each 340B covered facility shall report all of following information and transactions to the department concerning the 340B covered facility's participation in the federal 340B program for the previous calendar year:
(i)
The facility's name, service address and 340B program identification number;
(ii)
The designation of facility type, as specified in 42 U.S.C. § 256b(a)(4), of the 340B covered facility;
(iii)
The total acquisition cost for all prescription drugs obtained under the 340B program and dispensed or administered to patients;
(iv)
The total payment amount received for all drugs obtained under the 340B program and dispensed or administered to patients;
(v)
The total payment made to pharmacies under contract to dispense drugs obtained under the 340B program;
(vi)
The number of claims for prescription drugs under the 340B program;
(vii)
How the 340B covered facility uses any savings from participating in the 340B program, including the amount of savings used for the provision of charity care, community benefits or a similar program of providing unreimbursed or subsidized health care;
(viii)
The total payments made to any other facility that is not a 340B covered facility and is not a contract pharmacy for managing any aspect of the 340B covered facility's 340B program;
(ix)
The total payment made for any other administration expenses for the 340B program;
(x)
The total number of prescription drugs dispensed or administered to patients for which a payment was reported under this subsection;
(xi)
The percentage of the 340B covered facility's claims that were for prescription drugs obtained under the 340B program;
(xii)
The number and percentage of low income patients of the 340B covered facility that were served by a sliding fee scale for a prescription drug dispensed or administered under the 340B program;
(xiii)
The 340B covered facility's total operating costs;
(xiv)
The 340B covered facility's total costs for charity care;
(xv)
A copy of the 340B covered facility's financial assistance policy for the reporting year.
(b)
The information required to be reported under subsection (a) of this section shall, to the extent feasible, be reported by payer type, including but not limited to the following:
(i)
Commercial health insurance;
(ii)
Medicaid;
(iii)
Medicare;
(iv)
Uninsured.
(c)
The data submitted in the report required under subsection (a) of this section shall be confidential and shall not be available for public inspection.
(d)
Before November 15 of each year and without revealing any confidential information, the department shall prepare a report that aggregates the data submitted under subsection (a) of this section and shall:
(i)
Submit the report to the management council of the legislature in an electronic format;
(ii)
Post the report on the department's website.
(e)
The department shall impose a civil penalty of one thousand dollars ($1,000.00) per day on a 340B covered facility that fails to provide the information required under subsection (a) of this section by November 15 of any year.
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1506.
Consumer
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friendly list of shoppable services; requirements.
(a)
A facility shall maintain and make publicly available a list of the standard charges described by W.S. 35
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2
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1504(b) and (c) for not less than three hundred (300) shoppable services provided by the facility. Each facility may select the shoppable services to be included in the list, except that the list shall include:
(i)
The seventy (70) services specified by the centers for Medicare and Medicaid services pursuant to 45 C.F.R. part 180; or
(ii)
If the facility does not provide all of the shoppable services described by paragraph (i) of this subsection, all of the shoppable services the facility does provide. Services that are not provided but are Medicare and Medicaid listed services shall be identified by the facility; and
(iii)
Each location where a facility provides the shoppable service and whether the standard charges included in the list apply at that location.
(b)
In selecting a shoppable service for purposes of inclusion in the list required by subsection (a) of this section, a facility shall:
(i)
Consider how frequently the facility provides the service and the facility's billing rate for that service; and
(ii)
Prioritize the selection of services that are among the services most frequently provided by the facility.
(c)
The list required by subsection (a) of this section shall be:
(i)
Displayed and offered in the manner prescribed by W.S. 35
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2
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1504(d) and (e);
(ii)
Searchable by service description, billing code and third party payor;
(iii)
Updated in the manner prescribed by W.S. 35
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2
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1504(g);
(iv)
Accessible through an internet search engine in response to a search query of a user of the search engine; and
(v)
Formatted in a manner that is consistent with the format prescribed by the department under W.S. 35
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2
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1504(e)(iii).
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1507.
Reporting requirement.
Each time a facility updates a list as required by W.S. 35
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2
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1504(g) and 35
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2
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1505(c)(iv), the facility shall submit the updated list to the department. The department shall prescribe the form in which the updated list shall be submitted to the department.
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1508.
Monitoring.
(a)
The department shall monitor each facility's compliance with the requirements of this act using any of the following methods:
(i)
Evaluating complaints made by persons to the department regarding noncompliance with the act;
(ii)
Reviewing any analysis prepared by any state or federal agency regarding noncompliance with this act;
(iii)
Auditing the websites of facilities for compliance with this act;
(iv)
Confirming that each facility submitted the lists as required by W.S. 35
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2
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1506.
(b)
Notwithstanding any provision of law to the contrary, in considering an application for renewal of a facility's license or certificate, the department shall consider whether a facility is or has been in substantial compliance with this act.
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1509.
Material violation; corrective action plan.
(a)
A facility materially violates this act if the facility fails to:
(i)
Comply with the requirements of W.S. 35
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2
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1503; or
(ii)
Publicize the facility's standard charges in the form and manner required by W.S. 35
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2
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1504 and 35
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2
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1505.
(b)
If the department determines that a facility has materially violated this act, the department shall issue a material violation notice to the facility and require that the facility submit a corrective action plan within thirty (30) days of receiving the material violation notice. The notice shall indicate the form and manner that the corrective action plan shall be submitted to the department and shall clearly state the date by which the facility shall submit the plan.
(c)
The facility that receives a notice under subsection (b) of this section shall:
(i)
Submit a corrective action plan in the form, manner and by the specified date prescribed by the notice of violation; and
(ii)
Act to comply with the plan within thirty (30) days of submitting the plan to the department.
(d)
A corrective action plan submitted to the department under subsection (c) of this section shall:
(i)
Describe in detail the corrective action the facility will take to address any violation identified by the department in the notice provided under subsection (b) of this section; and
(ii)
Provide a date when the facility will complete the corrective action plan.
(e)
A corrective action plan is subject to review and approval by the department. After the department reviews and approves a facility's corrective action plan, the department shall monitor and evaluate the facility's compliance with the plan. If the department does not approve the facility's corrective action plan, the department shall inform the facility of the deficiencies in the plan and require the facility to amend and resubmit the plan.
(f)
A facility is considered to have failed to respond to the department's request to submit a corrective action plan if the facility fails to submit a corrective action plan:
(i)
In the form and manner specified in the notice under subsection (b) of this section; or
(ii)
By the date specified in the notice provided in subsection (b) of this section.
(g)
A facility is considered to have failed to comply with a corrective action plan if the facility fails to correct a violation within the specified period of time contained in the plan.
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1510.
Civil penalty; notice of violations.
(a)
The department shall impose a civil penalty on a facility if the facility fails to:
(i)
Respond to the department's notice to submit a corrective action plan; or
(ii)
Comply with the requirements of a corrective action plan submitted to the department.
(b)
The department shall impose a civil penalty on a noncompliant facility as follows:
(i)
For a facility categorized as a critical access hospital:
(A)
For a first offense, one hundred dollars ($100.00) per day for each day the facility fails to comply with subsection (a) of this section;
(B)
For a second offense, five hundred dollars ($500.00) per day for each day the facility fails to comply with subsection (a) of this section;
(C)
For a third or subsequent offense, one thousand dollars ($1,000.00) per day for each day the facility fails to comply with subsection (a) of this section.
(ii)
For all other facilities, one thousand dollars ($1,000.00) per day for each day the facility fails to comply with subsection (a) of this section.
(c)
Beginning October 1, 2025, the
department shall create and maintain a publicly available list on its website of facilities that have been found to be in violation of this act, that have been issued a civil penalty or sent a warning notice or that have been sent a request for a corrective action plan from the department. Such penalties, notices and communications shall be subject to public disclosure under 5 U.S.C. § 552, notwithstanding any exemptions or exclusions to the contrary, in full without redaction. The list required by this subsection shall be updated every thirty (30) days.
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1511.
Legislative recommendations.
The department shall propose to the joint labor, health and social services interim committee any necessary recommendations for amending this act, including recommendations in response to amendments by the centers for Medicare and Medicaid services to 45 C.F.R. part 180, not later than October 1 of each year.
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1512.
Prohibiting collection action of debt against patients by noncompliant facilities.
(a)
As used in this section:
(i)
"Collection action" means any of the following actions taken with respect to a debt for items and services that were purchased from or provided to a patient by a facility on a date during which the facility was in material violation of this act:
(A)
Attempting to collect a debt from a patient or patient guarantor by referring the debt, directly or indirectly, to a debt collector, a collection agency or a third party payor retained by or on behalf of the facility;
(B)
Suing the patient or patient guarantor, or enforcing an arbitration or mediation agreement; or
(C)
Directly or indirectly causing a report to be made to a consumer reporting agency.
(ii)
"Collection agency" means any person who:
(A)
Engages in a business mainly focused on debt collection;
(B)
Regularly collects or attempts to collect, directly or indirectly, debts owed, due or asserted to be owed or due to another;
(C)
Takes assignment of debts for collection purposes; or
(D)
Directly or indirectly solicits for the collection of debts owed, due or asserted to be owed or due to another.
(iii)
"Consumer reporting agency" means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. "Consumer reporting agency" shall include any person defined in 15 U.S.C. § 1681a(f) but shall not include any business entity that provides check verification or check guarantee services only;
(iv)
"Debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction, whether or not the obligation has been reduced to a judgment. "Debt" shall not include a debt for business, investment, commercial or agricultural purposes;
(v)
"Debt collector" means any person employed or engaged by a collection agency to perform the collection of debts owed, due or asserted to be owed or due to another.
(b)
A facility that is in material violation of this act on the date that items and services are purchased from or provided to a patient by the facility shall not initiate or pursue a collection action against the patient or patient guarantor for a debt owed for the items or services.
(c)
If a patient provides documentation that a facility was in material violation of this act on a date that items or services were purchased by or provided to the patient and the facility takes collection action against the patient or patient guarantor, the patient or patient guarantor may file suit to determine if the facility materially violated this act on the date of the purchase and the violation is related to the items and services purchased. The facility shall not take a collection action against the patient or patient guarantor while the lawsuit is pending.
(d)
A facility that has been found by a court of competent jurisdiction to have materially violated this act:
(i)
Shall require the facility to refund the payor any amount of the debt the payor has paid and shall pay a penalty to the patient or patient guarantor in an amount equal to the total amount of the debt;
(ii)
Shall dismiss or cause to be dismissed any court action with prejudice and pay any attorney fees and costs incurred by the patient or patient guarantor relating to the action; and
(iii)
Remove or cause to be removed from the patient or patient guarantor's credit report any report made to a consumer reporting agency relating to the debt.
(e)
Nothing in this section shall:
(i)
Prohibit a facility from billing a patient, patient guarantor or third party payor for items or services provided to the patient; or
(ii)
Require a facility to refund any payment made to the facility for items or services provided to the patient, provided no collection action is taken in violation of this section.
Section 2
.
W.S. 35‑2‑905(a) by creating a new paragraph (vi) is amended to read:
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905.
Conditions, monitoring or revoking a license.
(a)
The division may place conditions upon a license, install a division approved monitor or manager at the owner's or operator's expense, suspend admissions, or deny, suspend or revoke a license issued under this act if a licensee:
(vi)
Violates any provision of W.S. 35
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2
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1501 through 35
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2
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1511.
Section 3.
The department of health shall promulgate all rules necessary to implement this act.
Section 4.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2026
.
(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)
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HB0179