WYOMING: Statutes affecting PATIENT RIGHTS or PERSONS WITH DISABILITIES

NOTICE:  (The following material is public domain text and copied directly from existing legal documents. Some sections have been omitted in order to focus on specific sections related to protected rights of those persons so identified.   Other rights might also be protected under other statutes. For full text of all Wyoming state statutes (as of November 1999) see website at: http://legisweb.state.wy.us/titles/99titles/sub35.htm) * See additional disclaimer at bottom of page

CHAPTER 1 : ADMINISTRATION  || ARTICLE 6 : COMMUNITY HUMAN SERVICES

  35-1-625.  Protection of clients' rights.
  
    (a)  Every contract awarded under this act shall require the program provider to guarantee the clients' rights to: 
      (i)  An individualized plan of appropriate services which provides for the least restrictive treatment that may reasonably be expected to benefit the client; 
      (ii)  Send and receive sealed mail;  
      (iii)  Wear his own clothing, to keep and use personal possessions, including toilet articles, unless the articles may be used to endanger their own or others' lives, and to keep and be allowed to spend  his own money; 
      (iv)  Be free from physical restraints and isolation except for emergency situations or when isolation or restraint is a part of a treatment program; 
      (v)  Be free from unnecessary or excessive medication; 
      (vi)  Make and receive telephone calls within reasonable limits; 
      (vii)  Receive visitors daily; and 
      (viii)  Be informed orally and in writing of the rights under this section at the time of admission. 
    (b)  Every contract awarded under this act shall require the program provider to:     
      (i)  Post copies of this section conspicuously in each client area;       
      (ii)  Make copies of this section available to the client's guardian or immediate family.

  35-1-626.  Isolation; restraint; medication.
  
    (a)  Isolation or restraint of a client may be used only when less restrictive measures are ineffective or not feasible for the welfare of the client and shall be used for the shortest time possible.  Each center or facility shall have a written policy covering the use of restraint or isolation which ensures that the dignity and safety of the individual are protected and that there is regular, frequent monitoring by trained staff.  
    (b)  No medication may be administered to a client except on the written order of a physician.  A record of the medication which is administered to each patient shall be kept in his treatment record.  Medication may not be used as punishment, for the convenience of staff or in quantities that interfere with a client's treatment program.

CHAPTER 2 : HOSPITALS, HEALTH CARE FACILITIES & HEALTH SERVICES
ARTICLE 6 : HOSPTIAL RECORDS & INFORMATION (Access to Records; Confidentiality, Exceptions)

  35-2-606.  Disclosure of health care information by hospital.
  
    (a)  Except as authorized in W.S. 35-2-609, a hospital or an agent or employee of a hospital shall not disclose any hospital health care information about a patient to any other person without the patient's written authorization.  A disclosure made under a patient's written authorization shall conform to the
terms of that authorization. 
    (b)  A hospital shall maintain, in conjunction with a patient's recorded health care information, a record of each
person who has received or examined, in whole or in part, the recorded health care information during the next preceding three (3) years, except for a person who has examined the recorded health care information under 
W.S. 35-2-609(a)(i) through (iii) or (c), or a third party payor for whom authorization for release
of information has been granted. The record of disclosure shall include the name, address and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination and, to the extent practicable, a description of the information disclosed.

  35-2-607.  Patient authorization to hospital for disclosure.
  
    (a)  A patient may authorize a hospital to disclose the patient's health care information.  A hospital shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the hospital denies the patient access to health care information under W.S. 35-2-612. 
    (b)  A hospital may charge a reasonable fee, not to exceed the hospital's actual cost for providing the health care
information under this section, and is not required to honor an authorization until the fee is paid. 
    (c)  To be valid, a disclosure authorization to a hospital shall: 
      (i)  Be in writing and dated and signed by the patient;       
      (ii)  Identify the nature of the information to be disclosed; 
      (iii)  Identify the person to whom the information is to be disclosed. 
    (d)  Except as provided by this act, the signing of an authorization by a patient is not a waiver of any rights the
patient has under other statutes, the rules of evidence or common law. 
    (e)  A hospital shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.  
    (f)  Except for authorizations to provide information to third-party health care payors, an authorization shall not permit the release of health care information relating to future health care that the patient receives more than twelve (12) months after the authorization is signed.    
    (g)  An authorization to disclose health care information under this section is invalid after the expiration date contained in the authorization, which shall not exceed forty-eight (48) months.  If the authorization does not contain an expiration date, it expires twelve (12) months after it is signed.

  35-2-608.  Patient's revocation of authorization for disclosure. 
  
A patient may revoke an authorization to disclose health care information under W.S. 35-2-607 at any time unless disclosure is required to effectuate payments for health care that has been provided. A patient shall not maintain an action against the hospital for disclosures made in good faith reliance on an
authorization if the hospital had no notice of the revocation of the authorization.

  35-2-609.  Disclosure without patient's authorization.
  
    (a)  A hospital may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is: 
      (i)  To a person who is providing health care to the patient; 
      (ii)  To any other person who requires health care information for health care education or to provide planning, quality assurance, peer review or administrative, legal, financial or actuarial services to the hospital or to assist the hospital in the delivery of health care and the hospital reasonably believes that the person: 
        (A)  Will not use or disclose the health care information for any purpose other than that for which it is disclosed; and        
        (B)  Will use reasonable care to protect the confidentiality of the health care information. 
      (iii)  To any health care provider who has previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the hospital not to make the disclosure; 
      (iv)  To any person if the hospital reasonably believes that the disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual; 
      (v)  To immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the hospital not to make the disclosure; 
      (vi)  To a health care facility who is the successor in interest to the hospital maintaining the health care information; 
      (vii)  For use in a research project that an institutional review board has determined: 
        (A)  Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from
the disclosure;         
        (B)  Is impracticable without the use or disclosure of the health care information in individually identifiably form; 
        (C)  Contains reasonable safeguards to protect the information from redisclosure; 
        (D)  Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and 
        (E)  Contains procedures to remove or destroy at the earliest possible opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project. 
      (viii)  To a person who obtains information for purposes of an audit, if that person agrees in writing to: 
        (A)  Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and 
        (B)  Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care, or other unlawful conduct by a health care provider, health care facility or patient. 
      (ix)  To an official of a penal or other custodial institution in which the patient is detained. 
    (b)  A hospital may disclose health care information about a patient without the patient's authorization if the disclosure is: 
      (i)  Directory information, unless the patient has instructed the hospital not to make the disclosure; 
      (ii)  To federal, state or local public health authorities, to the extent the hospital is required by law to report health care information or when needed to protect the public health;       
      (iii)  To federal, state or local law enforcement authorities to the extent required by law; or 
      (iv)  Pursuant to W.S. 35-2-610. 
    (c)  Subject to bylaws and control by the hospital governing body, the medical staff committees of any hospital shall have access to the records, data and other information relating to the condition and treatment of patients in that hospital for the purposes of: 
      (i)  Supervision, discipline, admission, privileges or control of members of that hospital's medical staff; 
      (ii)  Evaluating, studying and reporting on matters relating to the care and treatment of patients; 
      (iii)  Research, reducing mortality, prevention and treatment of diseases, illnesses and injuries; and 
      (iv)  Determining if a hospital and extended care facilities are being properly utilized. 
    (d)  All reports, findings, proceedings and data of medical staff committees shall be confidential and privileged.  No claim or action shall accrue against any hospital, medical staff member or any employee of either arising out of the denial of staff privileges to any applicant or out of the suspension of, expulsion of or any other restrictive or disciplinary action against any medical staff member or hospital employee unless the action is arbitrary, capricious and without foundation in fact.

  35-2-610.  Compulsory process.
  
    (a)  Health care information shall not be disclosed by a hospital pursuant to compulsory legal process or discovery in any judicial, legislative or administrative proceeding unless: 
      (i)  The patient has consented in writing to the release of the health care information in response to compulsory process or a discovery request; 
      (ii)  The patient has waived, in writing, the right to claim confidentiality for the health care information sought;       
      (iii)  The patient is a party to the proceeding and has placed his physical or mental condition in issue; 
      (iv)  The patient's physical or mental condition is relevant to the execution or witnessing of a will; 
      (v)  The physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient; 
      (vi)  A patient's health care information is to be used in the patient's commitment proceeding; 
      (vii)  The health care information is for use in any law enforcement proceeding or investigation in which a hospital is the subject or a party.  Health care information obtained under this paragraph shall not be used in any proceeding, against the patient, unless the matter relates to payment of the patient's health care cost, or unless authorized under paragraph (ix) of this subsection; 
      (viii)  The health care information is relevant to a proceeding brought under W.S. 35-2-616; or 
      (ix)  A court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that the interest in access outweighs the patient's privacy interest. 
    (b)  Unless the court, for good cause shown, determines that the notification should be waived or modified, if health care information is sought under paragraph (a)(ii), (iv) or (v) of this section or in a civil proceeding or investigation under paragraph (a)(ix) of this section, the person seeking discovery or compulsory process shall mail a notice by first class mail to the patient or the patient's attorney of record of the compulsory
process or discovery request at least ten (10) days before presenting the certificate required under subsection (c) of this section to the hospital. 
    (c)  Service of compulsory process or discovery requests upon a hospital shall be accompanied by a written certification, signed by the person seeking to obtain health care information, or his authorized representative, and identifying each ground under subsection (a) of this section under which compulsory process or discovery is being sought.  The certification shall also state, in the case of information sought under paragraph (a)(ii), (iv), (v) or (ix) of this section, that the requirements of subsection (b) of this section for notice have been met.  A
person shall sign the certification only if the person reasonably believes that the ground under subsection (a) of this section identified in the certification provides an adequate basis for the use of discovery or compulsory process.  Unless otherwise ordered by the court, the hospital shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information. 
    (d)  Production of health care information under this section, in and of itself, does not constitute a waiver of any
privilege, objection or defense existing under other law or rule of evidence or procedure.

  35-2-611.  Examination and copying of record; explanation of records.
  
    (a)  Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a hospital, as promptly as required under the circumstances, but no later than ten (10) days after receiving the request shall: 
      (i)  Make the information available for examination during regular business hours and provide a copy, if requested, to the patient; 
      (ii)  Inform the patient if the information does not exist or cannot be found; 
      (iii)  If the hospital does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider or health care facility that maintains the record; 
      (iv)  If the information is in use or unusual circumstances of delay occur in handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, which shall not be later than twenty-one (21) days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise answered; or 
      (v)  Deny the request, in whole or in part, under W.S. 35-2-612 and inform the patient. 
    (b)  Upon request, the hospital shall provide an explanation of any code or abbreviation used in the health care information.  If a record of the particular health care information requested is not maintained by the hospital in the requested form, the hospital is not required to create a new record or reformulate an existing record to make the health care information available in the requested form.  The hospital may charge a reasonable fee, not to exceed the hospital's actual cost, for providing the health care information and is not required to permit examination or copying until the fee is paid.

  35-2-612.  Denial of examination and copying.
  
    (a)  A hospital may deny access to health care information by a patient if the hospital reasonably concludes that: 
      (i)  Knowledge of the health care information would pose an imminent threat to the life or safety of the patient; 
      (ii)  Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was justified;       
      (iii)  Knowledge of the health care information could reasonably be expected to pose an imminent threat to the life or safety of any individual; 
      (iv)  The health care information is compiled and is used solely for litigation, quality assurance, peer review or
administrative purposes; or       
      (v)  Access to the health care information is otherwise prohibited by law. 
    (b)  If a hospital denies a request for examination and copying under this section, the hospital shall notify the patient in writing and, to the extent possible, shall segregate health care information for which access has been denied from information for which access cannot be denied and permit the patient to examine or copy the disclosable information. 
    (c)  If a hospital denies a patient's request for examination and copying, in whole or in part, under paragraph (a)(i) or (iii) of this section, the hospital shall permit examination and copying of the record by a health care provider, selected by the patient, who is licensed, certified or otherwise authorized by law to treat the patient.  The hospital denying the request shall inform the patient of the patient's right to select another health care provider under this subsection.

  35-2-613.  Notice of information practices. 
  
The hospital shall post a copy of a notice of information practices in a conspicuous place in the hospital and, upon
request, provide patients or prospective patients with a copy of the notice.  The notice shall be in substantially the following form: 
	Notice "We keep a record of the health care services we provide you.  You may ask us to see and copy that record.  We do not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so.  You may see your record or get more information about it at .... (location of where records may be reviewed  or where information is available)."

CHAPTER 13 : 
ARTICLE 2 : PROTECTION AND RIGHTS OF BLIND AND DISABLED PERSONS

  35-13-201.  Generally; use of certified guide dogs.
  
    (a)  Any blind, visually handicapped, deaf, hearing impaired or otherwise disabled person, subject to the conditions and limitations established by law and applicable alike to all persons: 
      (i)  Has the same right as an able-bodied person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places;
      (ii)  Shall be afforded full and equal accommodations, advantages, facilities and privileges of all hotels, motels,
lodging places, restaurants, public elevators, places of public accommodation, amusement or resort and other places to which the general public is invited; and
      (iii)  Shall not be discriminated against in the leasing or rental of apartments and other private residential property because of his handicap.
    (b)  Any blind, visually handicapped, deaf or hearing impaired person may be accompanied by a guide dog, specially trained and certified for the purpose, in any of the places listed in subsection (a) of this section without paying an extra charge for the guide dog, shall not be discriminated against in the leasing or rental of residential property because the person has a guide dog and is liable for any damage done to the premises
or facilities by the dog.  

  35-13-202.  Drivers to take precautions; liability.
  
The driver of a vehicle approaching a blind, partially blind, deaf or hearing impaired pedestrian carrying a cane predominantly white or chrome metallic in color or using a guide dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver failing to take these precautions is liable in damages for any injury caused the pedestrian.

  35-13-203.  Interfering with rights; penalty. 
  
Any person denying or interfering with admittance to or enjoyment of the public facilities enumerated in 
W.S. 35-13-201 or otherwise interfering with the rights of the blind, partially blind, deaf, hearing impaired or otherwise disabled person is guilty of a misdemeanor and may be fined not more than seven
hundred fifty dollars ($750.00).  

  35-13-204.  Additional provisions on use of certified guide dogs; penalty.
  
    (a)  Any blind, partially blind, deaf or hearing impaired person who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motor bus, boat or any other public conveyance operating within the state may have with him a guide dog specially trained and certified for that purpose.
    (b)  Any person violating this section is subject to a fine not to exceed seven hundred fifty dollars ($750.00).

CHAPTER 22- LIVING WILL:
ARTICLE 3: PSYCHIATRIC ADVANCE DIRECTIVES

  35-22-301.  Definitions.
      (a)  As used in this act:
      (i)  "Adult" means a person eighteen (18) years of age or older;
      (ii)  "Agent" means any person authorized in the psychiatric advance directive to make decisions on behalf 
of the person who executed the directive;
      (iii)  "Psychiatric advance directive" means an advance medical directive pertaining to the administration or 
refusal of psychiatric restabilization for the care and treatment of mental illness;
      (iv)  "Psychiatric personnel" means any licensed physician who specializes in psychiatric care;
      (v)  "Psychiatric restabilization" means measures to restore mental function or to support mental health in 
the event of destabilization of mental health due to lack of appropriate treatment.  Psychiatric restabilization 
measures include administration of prescribed liquid medication by mouth or injection, administration of 
prescribed medication orally, physical restraint, seclusion or crisis psychiatric counseling;
      (vi)  "This act" means W.S. 35-22-301 through 35-22-308.

  35-22-302.  Psychiatric advance directives; who may execute.

Any adult who has the decisional capacity to provide informed consent to or refusal of psychiatric restabilization 
measures or any other person who is, pursuant to the laws of this state or any other state, authorized to consent 
to or refuse psychiatric restabilization measures on behalf of a person who lacks the decisional capacity, may 
execute a psychiatric advance directive.

  35-22-303.  Psychiatric advance directive forms; duties of department of health.
  
    (a)  On or before January 1, 2000, the state department of health shall promulgate rules, protocols and forms 
for the implementation of psychiatric advance directives by psychiatric personnel.  The protocols adopted 
shall include uniform methods for rapid identification of persons who have executed a psychiatric
advance directive, methods to protect the confidentiality of persons who have executed a psychiatric advance 
directive and the information described in subsection (b) of this section.  Nothing in this subsection shall be 
construed to restrict any other manner in which a person may make a psychiatric advance directive.  Forms
which meet the requirements of law and are consistent with patient rights shall be developed and disseminated 
throughout the state as recommended forms.    
    (b)  Psychiatric advance directive protocols to be adopted by the state department of health shall, at a minimum, 
require the following information concerning the person who is the subject of the psychiatric advance directive:    
      (i)  The person's name, date of birth and sex;      
      (ii)  The person's eye and hair color;      
      (iii)  The person's race or ethnic background;      
      (iv)  The person's social security number;
      (v)  If applicable, the name of a treatment program and the sponsoring facility or institution in which the person 
	is enrolled;
      (vi)  The name, address and telephone number of the person's attending physician or psychiatric personnel;
      (vii)  The person's signature or mark or, if applicable, the signature of a person authorized by this article to 
	execute a psychiatric advance directive;
      (viii)  The date on which the psychiatric advance directive was signed;
      (ix)  The person's directive concerning the administration or refusal of psychiatric restabilization measures, 
	countersigned by the person's attending physician or psychiatric personnel;
      (x)  The name, address and telephone number of the person designated as an agent, if applicable, to consent 
	to or refuse psychiatric restabilization measures for the person who has executed a psychiatric advance 
	directive and the signature of that person, indicating acceptance of this appointment.

  35-22-304.  Duty to comply; immunity; effect on criminal charges against another person.  

    (a)  Emergency medical service personnel in emergency situations if they are aware of the person's psychiatric 
advance directive, psychiatric personnel, health care providers and health care facilities shall comply with a 
person's psychiatric advance directive to the extent medically indicated.
    (b)  Any emergency medical service personnel, psychiatric personnel, health care provider, health care facility 
or any other person who, reasonably and in good faith, complies with a psychiatric advance directive shall not 
be subject to civil or criminal liability or regulatory sanction for such compliance.
    (c)  Compliance by emergency medical service personnel, psychiatric personnel, health care providers or health 
care facilities with a psychiatric advance directive shall not affect the criminal prosecution of any person otherwise 
charged with the commission of a criminal act.
    (d)  In the absence of a psychiatric advance directive, a person's consent to psychiatric restabilization measures 
shall not be presumed.

  35-22-305.  Effect of declaration after inpatient admission.
  
A psychiatric advance directive for any person who is admitted to a health care facility or mental health facility 
shall be implemented as directed by the psychiatric advance directive, pending further physician's orders. 
The psychiatric advance directive may be deviated from only with the consent of the admitted person, his agent, 
the district court or when adherence to the directive threatens permanent physical injury.

  35-22-306.  Effect of directive on life or health insurance.

Neither a psychiatric advance directive nor the failure of a person to execute one shall affect, impair or modify 
any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue 
an annuity or policy of life or health insurance or any increase of a premium thereof.

  35-22-307.  Revocation of psychiatric advance directive.

A psychiatric advance directive may be revoked at any time by the person who is the subject of the directive 
unless he is mentally incompetent or at any time by any other person who is, pursuant to the laws of this state 
or any other state, authorized to consent to or refuse psychiatric restabilization measures on behalf of the
person who is the subject of the directive.

  35-22-308.  Duration of psychiatric advance directive.

A psychiatric advance directive shall be valid for a period not to exceed two (2) years from the date of execution 
unless reaffirmed by the person who executed the directive, in which case it shall be valid for two (2) years from 
the date of reaffirmation.

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