Article 1 in general 351101. Local contributions; disposition


71101.  Established; composition; compensation of members



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3571101.  Established; composition; compensation of members.
There is hereby established the "Wyoming narcotics and drug abuse board". The board shall be composed of the attorney general of Wyoming or his designee, the director of the department of health or his designee and the members of the board of pharmacy. The members shall not receive any compensation in the performance of their duties, but they shall receive per diem, travel expense and mileage expense in the same manner and amount as employees of the state.
ARTICLE 12

INEDIBLE MEAT RENDERING AND PROCESSING


3571201.  Repealed By Laws 2000, Ch. 37, § 4.
3571202.  Repealed By Laws 2000, Ch. 37, § 4.
3571203.  Repealed By Laws 2000, Ch. 37, § 4.
3571204.  Repealed By Laws 2000, Ch. 37, § 4.
3571205.  Repealed By Laws 2000, Ch. 37, § 4.
3571206.  Repealed By Laws 2000, Ch. 37, § 4.
3571207.  Repealed By Laws 2000, Ch. 37, § 4.
3571208.  Repealed By Laws 2000, Ch. 37, § 4.
3571209.  Repealed By Laws 2000, Ch. 37, § 4.
3571210.  Repealed By Laws 2000, Ch. 37, § 4.
3571211.  Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 13

DONATIONS OF FOOD


3571301.  Donation of food; exemption from civil liability.
(a)  No person who donates food to a nonprofit organization for use or distribution in providing assistance shall be liable for damages in any civil action resulting from the nature, age, condition or packaging of the donated food except that the exemption does not apply to the willful, wanton or reckless acts of donors which result in injury to recipients of the donated food. For the purposes of this section, "nonprofit organization" includes any corporation organized under W.S. 1719101 through 17191807 and does not include organizations which sell or offer to sell donated food.
(b)  Any nonprofit organization, which serves or provides food to persons for their consumption as described in subsection (a) of this section, is liable for any injury resulting from the ingesting of the donated food received, accepted, gathered or removed by that organization, only if that injury is caused by a willful, wanton or reckless act of the organization.
(c)  Any nonprofit organization that receives any donated food pursuant to subsection (a) of this section shall not sell or offer to sell the donated food.
(d)  Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of donated food for human consumption.
3571302.  Donation of game animals.
(a)  Any game animal, including any big game animal, elk, deer, mountain sheep, wild goat, antelope, moose or bear, lawfully taken by a licensed hunter may be donated to a nonprofit organization under the provisions of W.S. 3571301 to feed individuals in need.
(b)  Any donated big game meat shall be subject to the following:
(i)  Come from an animal in apparent good health prior to slaughter;
(ii)  Come from an animal with intact intestines;
(iii)  Be fielddressed immediately after slaughter and be handled in a manner in keeping with generally accepted wild game handling procedures;
(iv)  Be processed as soon as possible after slaughter by a custom meat processor or custom game processor;
(v)  Be clearly marked as "not for sale";
(vi)  Be clearly marked as "donated game meat" in letters not less than threeeights (3/8) of an inch in height;
(vii)  Shall not come from any roadkill animal and any roadkill animal shall not be eligible for donation under this section.
(c)  Any organization receiving donated game meat shall be advised by the donor or meat processor that the meat should be thoroughly cooked prior to human consumption. Prior to serving any donated game meat, the nonprofit organization shall prominently post a sign indicating the meat is donated game meat, the type of meat processing used, and that the meat has not been inspected.
(d)  Any game animal in the possession of the Wyoming game and fish department may be donated if the provisions of this section are followed.
(e)  No donated game meat shall be bought, sold or offered for sale or barter by any person.
(f)  The department of agriculture shall have authority to examine, sample, seize or condemn any donated game meat if the department has reason to believe the meat is unwholesome under the Wyoming Food, Drug and Cosmetic Safety Act, W.S. 35-7-109 et seq.
ARTICLE 14

FOOD ESTABLISHMENT LICENSING


3571401.  Repealed By Laws 2000, Ch. 37, § 4.
3571402.  Repealed By Laws 2000, Ch. 37, § 4.
3571403.  Repealed By Laws 2000, Ch. 37, § 4.
3571404.  Repealed By Laws 2000, Ch. 37, § 4.
3571405.  Repealed By Laws 2000, Ch. 37, § 4.
3571406.  Repealed By Laws 2000, Ch. 37, § 4.
3571407.  Repealed By Laws 2000, Ch. 37, § 4.
3571408.  Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 15

TOBACCO IMPORTATION


3571501.  Federal requirements; placement of labels; penalty.
(a)  No person shall import into this state any package of cigarettes that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(b)  No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by W.S. 3918101 et seq. on a package of cigarettes unless that package of cigarettes complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings or any other information upon a package of cigarettes.
(c)  No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by W.S. 3918101 et seq. on a package of cigarettes if the package is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States.
(d)  No person shall affix a stamp, label or decal on a package of cigarettes to conceal the fact that the package was manufactured for use outside of the United States.
(e)  No person shall sell or offer to sell a package of cigarettes on which a stamp, label or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.
(f)  The violation of any provision of this section is a misdemeanor punishable as provided by W.S. 610104.
(g)  Any package of cigarettes found at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department of revenue, by its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages of cigarettes that are so marked when it has reason to believe that the owner possesses the cigarettes for personal use and not for resale.
(h)  Any cigarettes seized by virtue of the provisions of subsection (g) of this section shall be confiscated, and the department shall destroy the confiscated goods.
3571502.  Federal requirements; affixing labels; penalty.
(a)  No person shall import into this state any tobacco product that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(b)  No person shall sell or offer to sell any tobacco product unless the package or container of the tobacco product complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package or container of tobacco products.
(c)  No person shall sell or offer to sell any tobacco product if the package or container is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(d)  No person shall affix a stamp, label, or decal on a package or container of tobacco products to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(e)  No person shall sell or offer to sell any tobacco product on which a stamp, label, or decal was affixed to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(f)  The violation of any provision of this section is a misdemeanor punishable as provided by W.S. 610104.
(g)  Any package or container of tobacco products found at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department of revenue, its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages or containers of tobacco products that are so marked when it has reason to believe that the owner possesses the tobacco products for personal use and not for resale.
(h)  Any tobacco products seized by virtue of the provisions of subsection (g) of this section shall be confiscated, and the department shall destroy the confiscated goods.
ARTICLE 16

DRUG DONATION PROGRAM


3571601.  Short title.
This act shall be known and may be cited as the "Drug Donation Program Act".
3571602.  Definitions.
(a)  For purposes of this act:
(i)  "Prescription drug" means a pharmaceutical drug which is required by any applicable federal or state law to be dispensed only pursuant to a health care provider's prescription; and
(ii)  "Health care facility" means as defined in W.S. 352901(a)(x) and that is additionally authorized to maintain an inventory of pharmaceutical drugs for dispensing to the facility's patients or residents.
3571603.  Drug donation, redispensing and disposal program established; minimum requirements.
(a)  The department shall establish pursuant to its rules and regulations a voluntary drug donation and disposal program as provided in this section.
(b)  The drug donation and redispensing program shall have the following features:
(i)  Any person or entity, including but not limited to a drug manufacturer, physician or health care facility, may donate drugs to the drug donation program;
(ii)  Drugs may be donated at a donation site maintained by the department, a take back event approved by the United States drug enforcement agency or at a physician's office, a pharmacy or a health care facility that elects to participate in the program and meets criteria established by the department;
(iii)  Drugs shall be redispensed under the drug donation program only if they are in their original, unopened, sealed packaging or, if the outside packaging is opened, the contents are single unit doses that are individually contained in unopened, tamper evident packaging;
(iv)  A drug shall not be redispensed within two (2) months of its expiration date or if the drug appears to be adulterated or misbranded in any way;
(v)  Drugs in the donation program may be dispensed under the Medical Assistance and Services Act;
(vi)  Drugs shall be delivered either to the department's central collection facility, a take back event approved by the United States drug enforcement agency or one (1) of its regional collection facilities;
(vii)  Drugs available for redispensing shall be inventoried and posted on a list of drugs available for redispensing on the department's internet website.
(c)  To the extent authorized by applicable federal law, the drug drop off and disposal program shall have the following features:
(i)  Drop off locations shall be located with donation sites as provided in paragraph (b)(ii) of this section or local law enforcement agencies approved by the United States drug enforcement agency to the extent necessary under federal law;
(ii)  Procedures shall be maintained for the documentation of all collected unused medication;
(iii)  Procedures shall be maintained for the environmentally safe disposal of unused medications;
(iv)  The department shall provide for public education of potential participating consumers about the availability of the drug disposal program and proper and effective disposal of unused medications;
(v)  The department shall cooperate with law enforcement agencies to the extent required for the collection under law enforcement supervision or the secure collection, storage, transport and destruction of controlled substances.
3571604.  Program participants.
(a)  A physician, pharmacy or health care facility that accepts donated drugs under the drug donation program shall comply with all applicable provisions of state and federal law relating to the storage, distribution and dispensing of such drugs and shall inspect all donated drugs prior to dispensing to determine if they appear to be adulterated or misbranded in any way.
(b)  Donated drugs may be distributed to another participating physician, pharmacy or health care facility for dispensing.
(c)  Donated drugs shall only be dispensed to a patient pursuant to prescription as required by law.
(d)  A physician, pharmacy or health care facility may charge a handling fee for distributing or dispensing drugs under the drug donation program, as established by department rules and regulations, but shall not otherwise resell or charge for donated drugs.
3571605.  Participant immunity.
(a)  In the absence of bad faith, any person who participates in donating, accepting, distributing or dispensing drugs under this act and in accordance with federal law shall be immune from civil or criminal liability or professional disciplinary action of any kind for any related injury, death or loss. No person, in the absence of bad faith, shall be liable for the bad faith of another relating to the provisions of this act.
(b)  The immunity provided by this section shall not decrease or increase the civil or criminal liability of a drug manufacturer, distributor or dispenser that would have existed but for the donation.
3571606.  Rules and regulations; agency cooperation.
(a)  The department, in cooperation with the Wyoming board of pharmacy, shall promulgate rules and regulations implementing the drug donation program established by this act. Initial rules shall be promulgated within ninety (90) days after the effective date of this act and shall include:
(i)  Eligibility criteria and other standards and procedures for participating physicians and health care facilities;
(ii)  Necessary forms for administration of the drug donation program, including forms for persons donating, accepting, distributing or dispensing drugs under the program;
(iii)  Maximum handling fees;
(iv)  Categories of drugs that the program will and will not accept.
ARTICLE 17

WYOMING TRADITIONAL FOOD ACT


3571701.  Short title.
This article is known and may be cited as the "Wyoming Traditional Food Act."
3571702.  Definitions.
(a)  As used in this article:
(i)  "Traditional event or activity" means an occasion where potentially hazardous and not potentially hazardous foods have traditionally been, and are presently, stored and prepared in a private home or a place other than an establishment, which is equipped for the storage and preparation of food for consumption or use in conducting traditional activities, including but not limited to the preparation of food:
(A)  For family and nonpaying guests;
(B)  For weddings, funerals, potluck dinners, charitable dinners and charitable cook-offs or functions as defined in W.S. 357110(a)(xxix);
(C)  For the sales of donated foods which are prepared for consumption and the sales are sponsored by a nonprofit entity as a fundraiser to support its purposes;
(D)  For outdoor activities such as picnics, barbeques, roundups, camping or outdoor work conducted by employees or volunteers;
(E)  By utilizing kitchen equipment provided by employers as a convenience for the storage and preparation of foods for consumption on the premises by employees and nonpaying guests.
3571703.  Wyoming Traditional Food Act; purpose.
Notwithstanding any other provisions of law, there shall be no licensure, permitting, certification, inspection, packaging or labeling required by any state governmental agency or any agency of any political subdivision of the state which pertains to the preparation, serving, use, consumption or storage of foods at a traditional event or activity. Nothing in this article shall preclude an agency from providing assistance, consultation or inspection, when requested by the traditional event or activity organizer.
ARTICLE 18

RIGHT TO TRY ACT


3571801.  Short title.
This article is known and may be cited as the "Right To Try Act."
3571802.  Definitions.
(a)  As used in this article:
(i)  "Eligible patient" means a person who has:
(A)  A terminal illness;
(B)  Considered all other treatment options currently approved by the United States food and drug administration;
(C)  Received a recommendation from a physician for an investigational drug, biological product or device;
(D)  Given written, informed consent for the use of the investigational drug, biological product or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written informed consent on the patient's behalf; and
(E)  Documentation from a physician that the person meets the requirements of this paragraph.
(ii)  "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase one of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial;
(iii)  "Terminal illness" means a disease that, without lifesustaining procedures, will soon result in death or a state of permanent unconsciousness from which recovery is unlikely.
3571803.  Availability of investigational drugs, biological products or devices; insurance coverage.
(a)  A manufacturer of an investigational drug, biological product or device may make the drug, product or device available to eligible patients in accordance with the provisions of this section. Nothing in this section shall be construed to require a manufacturer to make available any drug, product or device.
(b)  A health care insurer may, but is not required to, provide coverage for the cost of an investigational drug, biological product or device.
(c)  Nothing in this section expands the coverage provided in W.S. 2620301.
3571804.  Action against physician license prohibited.
Notwithstanding any other provision of law, the Wyoming state board of medicine shall not revoke, fail to renew, suspend or take any other action against a physician's license issued pursuant to W.S. 3326101 et seq., based solely on the physician's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device, as long as the recommendations are consistent with medical standards of care.
3571805.  Access to investigational drugs, biological products and devices.
An official, employee or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.
3571806.  No cause of action created.
This article does not create a private cause of action against a manufacturer of an investigational drug, biological product or device, or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of this article.
ARTICLE 19

SUPERVISED MEDICAL USE OF HEMP EXTRACTS


3571901.  Definitions.
(a)  As used in this article:
(i)  "Department" means the state department of health;
(ii)  "Hemp extract" means an extract from a cannabis plant or a mixture or preparation containing cannabis plant material that:
(A)  Is composed of less than threetenths of a percent (0.3%) tetrahydrocannabinol by weight;
(B)  Is composed of at least five percent (5%) cannabidiol by weight;
(C)  Contains no other psychoactive substance; and
(D)  Complies with federal definitions of industrial hemp, including the definition under section 7606 of the federal Agricultural Act of 2014, which shall apply to all samples, products, derivatives and oils.
(iii)  "Hemp extract registration card" means a card issued by the department under W.S. 3571902;
(iv)  "Intractable epilepsy" means epilepsy or seizure disorders that, as determined by a neurologist, does not respond to other treatment options overseen by the neurologist;
(v)  "Neurologist" means a person who is licensed to practice medicine pursuant to W.S. 3326301 et seq. and who is certified in neurology by a nationally recognized neurological physician organization designated by the Wyoming state board of medicine;
(vi)  "Parent" means a parent or legal guardian of a minor who is responsible for the minor’s medical care;
(vii)  "Registrant" means the person who holds a hemp extract registration card issued by the department pursuant to this article.
3571902.  Hemp extract registration cards.
(a)  The department shall issue a hemp extract registration card to a person who:
(i)  Is at least eighteen (18) years of age;
(ii)  Is a resident of Wyoming;
(iii)  Provides a statement to the department which is signed by a neurologist and specifies that the person suffers from intractable epilepsy or seizure disorders and may benefit from treatment with hemp extract;
(iv)  Pays a fee to the department as specified in subsection (e) of this section; and
(v)  Submits an application to the department on a form created by the department that contains:
(A)  The individual's name and address;
(B)  A copy of the individual's valid photo identification; and
(C)  Any other information the department considers necessary to implement this article.
(b)  The department shall issue a hemp extract registration card to a parent who:
(i)  Is at least eighteen (18) years of age;
(ii)  Is a Wyoming resident;
(iii)  Provides the department with a statement signed by a neurologist that the minor in the parent's care suffers from intractable epilepsy or seizure disorders and may benefit from treatment with hemp extract;
(iv)  Pays the department a fee as provided in subsection (e) of this section; and
(v)  Submits an application to the department on a form created by the department, which contains:
(A)  The parent's name and address;
(B)  The minor's name;
(C)  A copy of the parent's valid photo identification; and
(D)  Any other information the department considers necessary to implement this article.
(c)  The department shall maintain a registry of:
(i)  The names of each applicant to whom the department issues a hemp extract registration card under subsection (a) of this section; and
(ii)  The names of each minor receiving care from a parent who is issued a hemp registration card under subsection (b) of this section.
(d)  The department shall promulgate rules and regulations to establish:
(i)  The information an applicant is required to provide to the department under this article; and
(ii)  The form of the hemp extract registration card issued under this article.
(e)  The department shall establish a fee for maintaining the registry in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the registry. All fees received shall be deposited in the general fund.
(f)  A registration card issued under subsection (a) or (b) of this section is valid for one (1) year and is renewable if, at the time of renewal, the registrant meets the requirements of subsection (a) or (b) of this section. A card issued pursuant to subsection (b) of this section remains valid after the minor reaches the age of majority until the card expires or is replaced by a card issued pursuant to subsection (a) of this section.
(g)  The neurologist who signs a statement as provided in this section shall:
(i)  Keep a record of the neurologist's evaluation and observation of a patient who is a registrant or a minor under a registrant's care including the patient's response to hemp extract; and
(ii)  Transmit a copy of the records to the department.
(h)  The department shall maintain a database of records received under subsection (g) of this section. The department shall treat the records as confidential, provided that the department, with the consent of the registrant or the registrant’s parent, may share the records with a higher education institution for the purpose of studying hemp extract if the records are redacted so that the patient cannot be identified individually.

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