Title 35, Public Health And Safety

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 psych…

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 …

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 s…

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 dat…

Short title. This act may be cited as the "Wyoming Health Care Decisions Act."

Definitions. (a) As used in this act: (i) "Advance health care directive" means an individual instruction or a power of attorney for health care, or both; (ii) "Agent" means an individual designated in a power of attorney for health care to make a health care decision for the ind…

Advance health care directives. (a) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (b) An adult or emancipated minor may execute a power …

Revocation of advance health care directive. (a) An individual with capacity may revoke the designation of an agent only by a signed writing. (b) An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any…

Decisions by surrogate. (a) If a valid advance health care directive does not exist, a surrogate may make a health care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician or the primary health care provider to l…

Decisions by guardian. (a) Repealed By Laws 2007, Ch. 61, § 2. (b) Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian. (c) Repealed By Laws 2007, Ch. 61, § 2. (d) Repealed By Laws 2007, Ch. 61, § 2. (e) A guardian's a…

Obligations of health care provider. (a) Before implementing a health care decision made for a patient who is able to comprehend, a primary health care provider shall promptly communicate to the patient the decision made and may communicate the identity of the person making the d…

Health care information. Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any othe…

Immunities. (a) A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for: (i) Complying with …

Statutory damages. (a) A health care provider or institution that violates this act willfully or with reckless disregard of the patient's instruction or health care decision is subject to liability to the aggrieved individual for damages of five hundred dollars ($500.00) or actua…

Capacity. (a) This act does not affect the right of an individual to make health care decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or d…

Effect of copy. A copy of a written advance health care directive, revocation of an advance health care directive, or designation or disqualification of a surrogate has the same effect as the original.

Effect of act. (a) This act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive. (b) Death resulting from the withholding or withdrawal of health care in accordance with this act does not for…

Judicial relief. On petition of a patient, the patient's agent, guardian or surrogate, a health care provider or institution involved with the patient's care, or an individual described in W.S. 35-22-406(b) or (c) the district court may enjoin or direct a health care decision or …

Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this act among states enacting it.

Short title. This article shall be known and may be cited as the "Provider Orders for Life Sustaining Treatment Program Act."

POLST program. (a) The provider orders for life sustaining treatment (POLST) program is a process of evaluation and communication between a patient, or the patient's agent, guardian or surrogate, and health care professionals in order to: (i) Ensure that health care providers und…

POLST form; who may execute. (a) Any adult who has the capacity to provide informed consent to, or refusal of, medical treatment may execute a POLST form. (b) Any adult authorized pursuant to the laws of this state or any other state to make medical treatment decisions on behalf …

POLST forms; department of health duties. (a) The department of health shall promulgate rules implementing this act and prescribing a standardized POLST form, subject to the following: (i) The rules shall contain protocols for the implementation of a standardized POLST form, whic…

Duty to comply with POLST form; immunity, effect on criminal charges against another person. (a) Emergency medical service personnel, health care providers and health care facilities, absent actual notice of revocation or termination of a POLST form, shall comply with the orders …

POLST form not a prerequisite for services. Facilities or providers shall not require a person to complete a POLST form as a prerequisite or condition for the provision of services or treatment.

Presence or absence of POLST form; effect on life or health insurance. An individual's execution of or refusal or failure to execute a POLST form shall not affect, impair or modify any contract of life or health insurance or annuity to which the individual is a party, shall not b…

Revocation of POLST form. (a) An individual's consent to all or part of a POLST form may be revoked at any time and in any manner that communicates the individual's intent to revoke. Any oral revocation shall, as soon as possible after the revocation, be documented in a writing s…

Effect of act on euthanasia; mercy killing; construction of statute. Nothing is this article shall be construed as condoning, authorizing or approving euthanasia or mercy killing. In addition, the legislature does not intend that this article be construed as permitting any affirm…