Article 1 in general 351101. Local contributions; disposition



Download 2.51 Mb.
Page4/64
Date29.01.2017
Size2.51 Mb.
#12377
1   2   3   4   5   6   7   8   9   ...   64

351420.  Permits.
(a)  The funeral director or person acting as such who first assumes custody of a dead body or stillbirth shall obtain a burial-transit permit prior to final disposition or removal from the state of the body or stillbirth and within seventy-two (72) hours after death. The burial-transit permit shall be issued by the local registrar of the district where the certificate of death or stillbirth was filed in accordance with the requirements of this act. A burial-transit permit issued under the law of another state which accompanies a dead body or stillbirth brought into this state shall be authority for final disposition of the body or stillbirth in this state.
(b)  No permit for burial, cremation, removal, or other disposition shall be issued by any local registrar until a certificate of death or stillbirth, as far as it can be completed under the circumstances of the case, has been filed with him, and until all the regulations of the administrator of the division of health and medical services in respect to the issuance of such permit have been complied with. No permit shall be issued which would be contrary to the sanitary laws of this state.
(c)  A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or stillbirth except as authorized by regulation or otherwise provided by law. The permit shall be issued by the local registrar to a licensed funeral director, embalmer, or other person acting as such, upon proper application.
351421.  Extension of time.
(a)  The department of health may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this act, provide for the extension of the periods prescribed in this act, for the filing of death certificates, stillbirth certificates, and for the obtaining of burial-transit permits in cases in which compliance with the applicable prescribed period would result in undue hardship.
(b)  Regulations of the department of health may provide for the issuance of a burialtransit permit under this act, prior to the filing of a certificate of death or stillbirth upon conditions designed to assure compliance with the purposes of this act in cases in which compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.
351422.  Marriage registration.
(a)  A record of each marriage performed in the state shall be filed with the state registrar of vital records as provided in this section. The officer who issues the marriage license shall prepare the certificate on the form furnished by the state registrar of vital records upon the basis of information obtained from the parties to be married, as provided by W.S. 201103 and signed by the bride and groom.
(b)  Every person who performs a marriage shall certify the fact of marriage and file the record with the officer who issued the license within ten (10) days after the ceremony. This certificate shall be signed by the witnesses to the ceremony, one (1) copy of which shall be given to the parties so married. Every office issuing marriage licenses shall complete and forward to the state registrar of vital records on or before the tenth day of each calendar month the certificates of marriage filed with him during the preceding calendar month.
351423.  Court reports of divorce and annulment of marriage.
For each divorce and annulment of marriage granted by any court in this state a report shall be prepared and filed by the clerk of court with the state registrar of vital records. The information necessary to prepare the report shall be furnished, with the filing of the complaint for divorce, to the clerk of court on forms prescribed and furnished by the state registrar of vital records, and a hearing on the divorce complaint shall not be held until the foregoing information has been filed by the attorney for the plaintiff. On or before the tenth day of each month the clerk of court shall forward to the state registrar of vital records the report of each divorce and annulment granted during the preceding calendar month, and such related reports as may be required by regulations.
351424.  Correction and amendment of vital records.
(a)  A certificate or record registered under this act may be amended only in accordance with this act and regulations thereunder adopted by the division of health and medical services to protect the integrity and accuracy of vital records. A certificate that is amended under this section shall be marked "Amended" except as provided in subsection (d) of this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record.
(b)  Vital records services shall prescribe by regulations the conditions under which additions or minor corrections shall be made to birth certificates within one (1) year after the date of birth without the certificate being considered as amended.
(c)  Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person or his parent, guardian, or legal representative, the state registrar of vital records shall amend the certificate to reflect the new name, by attaching an abstract of the court order.
(d)  After one (1) year no correction shall be made on the face of the certificate.
351425.  Reproduction of records.
To preserve original documents, the state registrar of vital records is authorized to prepare typewritten, photographic or other reproductions of original records and files in his office. Such reproductions when certified by him shall be accepted as the original record.
351426.  Disclosure of records.
(a)  To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the vital records system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records, or to copy or issue a copy of all or part of any such record except as authorized by regulations.
(b)  The department of health may authorize the disclosure of data contained in vital records for research purposes.
(c)  Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulations or upon order of a court of competent jurisdiction.
(d)  The department of health is authorized to provide the necessary information in death records to the secretary of state for the maintenance of the voter registration system by removing names of voters who are deceased from the voter registration list. This disclosure of death records shall be conducted in accordance with the terms agreed upon by the secretary of state and the director of the department of health.
351427.  Copies of data from vital records.
(a)  Only the state registrar of vital records shall upon request issue a certified copy of any certificate or record in his custody or of a part thereof. Each copy issued shall show the date of registration and copies issued from records marked "Delayed", "Amended", or "Court Order" shall be similarly marked and show the effective date. A certified copy of a certificate or any part thereof, issued in accordance with this subsection shall be considered for all purposes the same as the original, and shall be prima facie evidence of the facts therein stated, except that the evidentiary value of a certificate or record filed more than six (6) months for birth, and one (1) year for death and marriage, after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
(b)  The federal agency responsible for national vital statistics may be furnished such copies as it may require for national statistics if the state is reimbursed for the cost of furnishing the data, and the data is not used for other than statistical purposes by the federal agency responsible for national vital statistics.
(c)  Federal, state, local and other public or private agencies may, upon request, be furnished copies or data for statistical purposes upon such terms or conditions as may be prescribed by the department of health.
(d)  No person shall prepare or issue any certificate which purports to be an original, certified copy or copy of a certificate of birth, death or stillbirth, except as authorized by this act or regulations adopted hereunder.
351428.  Fees for copies and searches; surcharge.
(a)  The department of health shall in accordance with guidelines imposed upon boards and commissions under W.S. 331201, prescribe reasonable fees for certified copies of certificates or records or for a search of the files or records when no copy is made. Fees collected shall be deposited into the general fund.
(b)  In addition to fees imposed by department rule and regulation under subsection (a) of this section, the department shall collect a surcharge of five dollars ($5.00) for each copy of a certificate or record issued pursuant to this article and five dollars ($5.00) for each five (5) year period or portion thereof that a search of files or records is undertaken pursuant to this article. Revenues collected from the surcharge imposed under this subsection shall be deposited by the state treasurer into the Wyoming children's trust fund established under W.S. 148106. The additional fee authorized by this subsection shall not be assessed after the end of the first fiscal year in which the balance in the children's trust fund exceeds five million dollars ($5,000,000.00).
351429.  Persons required to keep records.
(a)  Every person in charge of an institution as defined in this act shall keep a record of personal particulars and data concerning each person admitted or confined to the institution. The record shall be limited to information required by the standard certificate of birth, death and stillbirth forms issued under the provisions of this act. The record shall be made at the time of admission from information provided by the person, but when it cannot be so obtained, the same shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.
(b)  When a dead human body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or if finally disposed of by the institution, the date, place and manner of disposition.
(c)  A funeral director, embalmer or other person who removes from the place of death or transports or finally disposes of a dead body or stillbirth, in addition to filing any certificate or other form required by this act, shall keep a record which shall identify the body, and such information pertaining to his receipt, removal, and delivery of the body as may be prescribed in regulations adopted by the division of health and medical services.
(d)  Records maintained under this section shall be retained for a period of not less than ten (10) years and shall be made available for inspection by the state registrar of vital records or his representative upon demand.
351430.  Duties to furnish information relative to vital events.
Any person having actual knowledge of the facts shall furnish such information as he may possess regarding any birth, death, stillbirth, marriage or divorce upon demand of the state registrar of vital records.
351431.  Penalties.
(a)  Any person who willfully and knowingly: (i) makes any false statement in a report, record, or certificate required to be filed under this act, or in an application for an amendment thereof, or supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof; or (ii) without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates any report, record, or certificate required to be filed under this act or a certified copy of such report, record, or certificate; or (iii) uses or attempts to use, or furnish to another for use, for any purpose of deception, any certificate, record, report or certified copy thereof so made, altered, amended, or mutilated; or (iv) with the intention to deceive uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that such certificate or certified copy was issued upon a record which is false in whole or in part or which relates to the birth of another person; or (v) furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person to whom the record of birth relates; shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisoned not more than six (6) months, or both.
(b)  Any person who: (i) knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this act; or (ii) refuses to provide information required by this act; or (iii) willfully neglects or violates any of the provisions of this act or refuses to perform any of the duties imposed upon him by this act; shall be punished by a fine of not less than one hundred dollars ($100.00) or be imprisoned for not more than six (6) months, or both.
ARTICLE 5

INDUSTRIAL HEALTH SERVICE


351501.  Short title.
This act shall be cited as the Industrial Health Service Act of 1945.
351502.  Service of industrial hygiene created.
The state department of health is hereby authorized and empowered to create and maintain a service of industrial hygiene as the state health officer may deem necessary.
351503.  Investigations; annual report required.
The industrial hygiene service shall investigate places of employment and study those conditions which might be responsible for ill health of the industrial workers and submit a yearly report to the state treasurer.
ARTICLE 6

COMMUNITY HUMAN SERVICES


351601.  Repealed by Laws 1979, ch. 155, § 3.
351602.  Repealed by Laws 1979, ch. 155, § 3.
351603.  Repealed by Laws 1979, ch. 155, § 3.
351604.  Repealed by Laws 1979, ch. 155, § 3.
351605.  Repealed by Laws 1979, ch. 155, § 3.
351606.  Repealed by Laws 1979, ch. 155, § 3.
351607.  Repealed by Laws 1979, ch. 155, § 3.
351608.  Repealed by Laws 1979, ch. 155, § 3.
351609.  Repealed by Laws 1979, ch. 155, § 3.
351610.  Repealed by Laws 1979, ch. 155, § 3.
351611.  Short title.
This act shall be known as the "Community Human Services Act".
351612.  Purpose.
The purpose and intent of this act is to establish, maintain and promote the development of a comprehensive range of services in communities of the state to provide prevention of, and treatment for individuals affected by, mental illness, substance abuse, or developmental disabilities, and to provide shelter and crisis services for victims of family violence and sexual assault.
351613.  Definitions.
(a)  As used in this act:
(i)  "Community board" means a community mental health board, a substance abuse board, a developmental disabilities board, or a family violence and sexual assault board, or a board offering a combination of human services programs, created under this act. For the purposes of this act every community board is also a public agency;
(ii)  "Developmental disabilities" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism or any other neurological condition requiring services similar to those required by persons with intellectual disabilities, that has continued or can be expected to continue indefinitely and constitutes a substantial impairment to the individual's ability to function in society;
(iii)  "Department" means the department of health;
(iv)  "Human services program" means community facilities, services and programs which exclusively or in part, are used or operated to prevent or treat mental illness, substance abuse or developmental disabilities, to provide shelter and crisis services for victims of family violence or sexual assault or to provide other community based services which serve a public purpose;
(v)  "Mental illness" means a condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that care and treatment are required;
(vi)  "Public agency" means an organization operated by a unit of local government or a combination of governments or agencies formed under the Wyoming Joint Powers Act;
(vii)  "Substance" means alcoholic beverages and other drugs;
(viii)  "Substance abuse" means the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment or to cause socially dysfunctional behavior;
(ix)  "Client" means any individual receiving services from a human service program authorized under this act;
(x)  "Crisis services for victims of family violence and sexual assault" means emergency intervention, information, referral services and medical, legal and social services advocacy;
(xi)  "Sexual assault" means any act made criminal under W.S. 62302 through 62304 and 64402;
(xii)  "Family violence" means domestic abuse as defined by W.S. 3521102(a)(iii);
(xiii)  "Shelter" means a place of temporary refuge, offered on a twentyfour (24) hour, seven (7) day per week basis to victims of domestic violence and their children;
(xiv)  "This act" means W.S. 351611 through 351627.
351614.  Counties, school districts and cities may contract for human services programs; counties may establish community boards.
(a)  A county may contract with private or public agencies to provide human services programs for the county. The county may appropriate funds for the programs.
(b)  A municipality may contract with private agencies or a community board to provide human services programs for the municipality. The municipality may appropriate funds for the programs.
(c)  A school district may contract with private or public agencies to provide human services programs for school age children.
(d)  A county may establish, or two (2) or more counties may agree to establish a community board, or community boards in accordance with this act. A community board shall provide human services to the entire county or counties in which it is established. A community board may offer one (1) or more services for the mentally ill, substance abuser, developmentally disabled or the victim of family violence or sexual assault.
351615.  Community board is agency of county; appropriations; joint community board agreements.
(a)  A community board is an agency of the county government.
(b)  A county which establishes or agrees to establish a community board, or community boards may appropriate funds for human services programs.
(c)  When two (2) or more counties have agreed to establish a community board, the funds appropriated by the counties shall be expended by the board in accordance with the agreement between the counties. The agreement shall require each county to bear a cost proportionate to the services provided in the county. The agreement may specify that, for particular purposes, officers and employees of a joint community board are considered employees of a participating county.
351616.  Community boards; membership; appointment; terms of office; removal; vacancies; compensation.
(a)  A community or joint board shall consist of not more than nine (9) members, unless the board is comprised of members from two (2) or more counties in which event the board shall consist of not more than fifteen (15) members.
(b)  The members of a community board shall be appointed by the county commissioners. When two (2) or more counties have agreed to establish a community board, the county commissioners of each participating county shall appoint members as provided in the agreement of the counties. The members appointed by each county shall represent their county on the community board.
(c)  Members of community boards shall serve for rotating terms of four (4) years. Of the members first appointed, onethird (1/3) shall be appointed for two (2) years, onethird (1/3) for three (3) years and onethird (1/3) for four (4) years. No member shall serve more than two (2) consecutive terms.
(d)  A member of a community board may be removed by the appointing authority for neglect of duty, misconduct or malfeasance in office after receiving a written statement of charges and an opportunity to be heard.
(e)  Vacancies shall be filled for unexpired terms in the same manner as original appointments.
(f)  The members of a community board may receive per diem compensation and may be allowed necessary and actual expenses to be audited and paid in the same manner as other expenses of the county.
351617.  Community boards; meetings; officers.
(a)  A majority of the board constitutes a quorum. All actions of the board shall be approved by a majority of those present at the meeting.
(b)  A community board shall elect from its members a chairman to preside at meetings, a secretary to maintain the records and a finance officer who shall file with the board a bond with an approved corporate surety in the penal sum designated by the board.
351618.  Community boards; powers.
(a)  For each human services program authorized by the county commissioners the community boards may contract with a local public or private nonprofit provider or:
(i)  Appoint a director whose qualifications meet the standards fixed by the division;
(ii)  Prescribe the director's duties and fix his compensation;
(iii)  Make rules or regulations relating to the operation of services and facilities under the board's supervision, including a reasonable schedule of fees not inconsistent with the division's uniform fee schedule;
(iv)  Contract for facilities or support services;
(v)  Accept donations of money or property; and
(vi)  Expend funds for the purposes and programs of the community board, including necessary capital construction, as authorized by the county commissioners.
351619.  Community boards; duties.
(a)  Subject to this act, a community board shall:
(i)  Review and evaluate human services programs operating within its jurisdiction;
(ii)  Submit to the commissioners for the county of which it is an agency a comprehensive plan for the establishment, development and promotion of human services programs;
(iii)  Insure that the human services programs which are authorized by the county commissioners and funded by the county or the division are executed and maintained; and
(iv)  Insure that clients are charged fees for services promulgated by the division.
351620.  Powers and duties of department and its divisions.
(a)  The department through its divisions may:
(i)  Enter into cooperative contracts with private agencies, public agencies and community boards by negotiation without competitive bids or by competitive bidding. The department shall not contract with any entity which is not in substantial compliance with the standards and guidelines under subsection (b) of this section. The department shall not contract with any entity to purchase shelter and crisis services for victims of domestic abuse or sexual assault;
(ii)  Consult with and advise community boards, political subdivisions, nonprofit corporations, state agencies, health and medical groups within the state and the United States public health service about standards for the promotion of services to residents of Wyoming for the prevention, diagnosis and treatment of mental illness, substance abuse and developmental disabilities and for the provision of other community based services which serve a public purpose.
(b)  The department shall:
(i)  Prescribe professional standards for personnel providing services purchased in whole or in part by the state under this act. The standards do not replace the standards for licensing under any other Wyoming law;
(ii)  Prescribe standards for the quality of human services programs which provide state purchased services under this act;
(iii)  Establish a uniform schedule of fees which will act as a guideline for state purchased services provided to clients by human services programs under this act. The schedule shall accurately reflect a client's ability to pay;
(iv)  Review and comment on an application for funds submitted by any entity to the federal government for a human services program established or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault;
(v)  Review and evaluate all programs authorized or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault;
(vi)  For state purchased services select the most appropriate service providers within each region in order to achieve the most effective and efficient human services system;
(vii)  Prescribe procedures to ensure that programs providing state purchased services provide for the confidentiality of patient records; and
(viii)  Prescribe conditions of eligibility for funding under this act so that no person shall be denied services on the basis of race, creed, color, national origin or inability to pay.

Download 2.51 Mb.

Share with your friends:
1   2   3   4   5   6   7   8   9   ...   64



The database is protected by copyright ©ininet.org 2024
send message
    Main page
supreme court
american college
state department
attorney general
district court
state treasurer
time specified
authority granted
free exercise
final judgment
same shall
following powers