(a) A person acting in good faith may administer epinephrine or an opiate antagonist to another person who appears to be experiencing anaphylaxis or an opiate related drug overdose. (b) A person who administers epinephrine or an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury. (c) A practitioner or pharmacist who prescribes epinephrine or an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury. (d) An entity that establishes an anaphylaxis or drug overdose treatment policy pursuant to this article is immune from civil or criminal liability for any act or omission related to the administration of epinephrine or an opiate antagonist resulting in damage or injury. (e) Prescribing epinephrine or an opiate antagonist by a practitioner or pharmacist pursuant to this article shall not constitute unprofessional conduct. (f) Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act conflict with any provision of this article, this article shall prevail. ARTICLE 10 - GENDER-RELATED PROCEDURES 35-4-1001. Gender transitioning and reassignment procedures for children prohibited. (a) As used in this section: (i) "Child" means a person who is younger than eighteen (18) years of age; (ii) "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession; (iii) "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act. (b) Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall: (i) Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty; (ii) Perform a mastectomy; (iii) Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility: (A) Puberty suppression or blocking prescription drugs to stop or delay normal puberty; (B) Supraphysiologic doses of testosterone to females; (C) Supraphysiologic doses of estrogen to males. (iv) Remove any otherwise healthy or nondiseased body part or tissue. (c) This section shall not apply to: (i) Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue; (ii) Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty. (d) Nothing in this section shall be construed to prohibit a minor from receiving mental health treatment, provided that such treatment shall not include any treatments prohibited by subsection (b)(iii) of this section. ARTICLE 11 - STEM CELL FREEDOM ACT 35-4-1101. Short title. This act shall be known and may be cited as the "Stem Cell Freedom Act." 35-4-1102. Definitions. (a) As used in this article: (i) "Current good manufacturing practices" means the quality, safety and manufacturing practice standards employed under this act that are consistent with applicable federal law; (ii) "Institutional review board" means a group duly constituted and currently registered in accordance with applicable federal law that provides initial approval and continuing oversight of the stem cell therapies being offered under this act, including adverse event reporting and the approval of a form to be used for informed consent between a physician and patient or the patient's legal representative prior to the use of stem cell therapy; (iii) "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase one (1) 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; (iv) "Physician" means a person licensed to practice medicine by the state board of medicine pursuant to title 33, chapter 26 of the Wyoming statutes. "Physician" shall not include a physician assistant as defined by W.S. 33-26- 501(a)(iii); (v) "Stem cell therapy" means treatment involving the use of autologous mesenchymal stem cells, including but not limited to the collection, processing, cultural expansion, manufacturing, storage and therapeutic use of stem cells. "Stem cell therapy" shall not include, whether directly or indirectly, the use of any biological material derived from an abortion; (vi) "This act" means W.S. 35-4-1101 through 35-4- 1106. 35-4-1103. Access to stem cell therapy; conditions; insurance coverage. (a) Notwithstanding W.S. 35-7-118 and any other law to the contrary, a patient may receive, and a physician may perform, stem cell therapy that has not been approved by the United States food and drug administration if: (i) The therapy is conducted in accordance with a current institutional review board approval or is an investigational drug, biological product or device; (ii) The stem cells are manufactured and handled in accordance with current good manufacturing practice standards; (iii) A physician-patient relationship exists between the physician administering the stem cell therapy and the person receiving the therapy; (iv) The physician is registered with the Wyoming state board of medicine to provide stem cell therapy pursuant to this act; (v) The patient or legally recognized representative of the patient has provided written informed consent acknowledging: (A) The nature and character of the proposed stem cell therapy; (B) That stem cell therapy is not approved by the United States food and drug administration; (C) The potential benefits, risks and complications associated with stem cell therapy and the procedure to be performed; and (D) The financial responsibility of the patient or legally recognized representative of the patient in paying for the stem cell therapy to be received. (b) Stem cell therapy provided pursuant to this act shall be administered by a physician or under the direct supervision of a physician. Activities other than the actual administration of the stem cells to the patient shall be supervised by a physician. (c) No person authorized under this act to perform stem cell therapy or manufacture stem cells shall be obligated by this act to provide stem cell therapy or stem cells but may do so according to the person's own discretion and judgment. (d) A health carrier as defined by W.S. 26-13-303(a)(iii) may but shall not be required to provide coverage for costs associated with stem cell therapy. (e) This act shall not prohibit the performing of any stem cell therapy or activity otherwise allowed by law. A person shall not perform, advertise or represent that the person is providing stem cell therapy under this act if the person does not comply with the provisions of this act. 35-4-1104. 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 based solely on the physician's recommendations to a patient regarding access to or treatment with stem cell therapy or the performance of stem cell therapy, provided that the recommendations or procedures are consistent with medical standards of care and that the physician is registered with the Wyoming state board of medicine to provide stem cell therapy under this act. 35-4-1105. Access to stem cell therapy. An official, employee or agent of this state or any political subdivision of this state shall not prohibit or attempt to prohibit a patient's access to stem cell therapy. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care provider shall not constitute a violation of this section. 35-4-1106. No cause of action created. This act shall not create a private cause of action against any person involved in the care of any patient using stem cell therapy or the manufacturing of stem cells if the person is complying with the requirements of this act and medical standards of care. ARTICLE 12 - PREGNANCY CENTERS – PROTECTION 35-4-1201. Short title. This act shall be known and may be cited as the "Wyoming Pregnancy Center Autonomy and Rights of Expression (CARE) Act." 35-4-1202. Definitions. (a) As used in this act: (i) "Abortion" means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of the unborn child. "Abortion" shall not include any use, prescription or means specified in this paragraph if the use, prescription or means are done with the intent to: (A) Save the life or preserve the health of the unborn child; (B) Remove a dead unborn child caused by miscarriage or stillbirth; (C) Remove an ectopic pregnancy; or (D) Perform a procedure, based on reasonable medical judgment, that is necessary to save the life of or prevent serious physical injury to the pregnant woman. (ii) "Abortion-inducing drug" means any medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of an unborn child. "Abortion-inducing drug" includes the off-label use of any substance intended to induce an abortion. "Abortion-inducing drug" does not include drugs that may be known to cause an abortion but are prescribed for other medical indications; (iii) "Contraception" means the use of any natural or artificial means to prevent the fertilization of a human ovum; (iv) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity; (v) "Miscarriage" or "stillbirth" means a spontaneous loss of an unborn child; (vi) "Pregnancy center" means a private nonprofit organization that promotes childbirth and alternatives to abortion and provides people with resources, counseling, classes, referrals and information related to pregnancy, childbearing, adoption and parenting. A medical pregnancy center may provide medical testing, counseling and pregnancy-related care; (vii) "This act" means W.S. 35-4-1201 through 35-4- 1204. 35-4-1203. Interference with pregnancy centers prohibited. (a) The state and any of its political subdivisions, counties, cities, towns, special districts and agencies shall not, through the adoption or enactment of any law, ordinance, resolution, policy or similar measure: (i) Require a pregnancy center to offer or perform abortions; (ii) Require a pregnancy center to offer, provide or distribute abortion-inducing drugs or contraception; (iii) Require a pregnancy center to refer any person for abortion, an abortion-inducing drug or contraception; (iv) Require a pregnancy center to counsel in favor of abortion, abortion-inducing drugs or contraception; (v) Require a pregnancy center to post any advertisement, sign, flyer or other similar material that promotes or provides any information about obtaining an abortion, abortion-inducing drugs or contraception; (vi) Prohibit a pregnancy center from providing information, care, counseling, classes or other services related to pregnancy, childbirth or parenting because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion-inducing drugs or contraception; (vii) Prohibit a pregnancy center from providing prenatal and postnatal resources, including diapers, baby clothes, baby furniture, formula and similar items because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion-inducing drugs or contraception; (viii) Prohibit a medical pregnancy center from providing medical testing, counseling and care related to pregnancy or childbirth because the pregnancy center does not perform, refer or counsel in favor of abortion, abortion- inducing drugs or contraception; (ix) Prohibit a medical pregnancy center from counseling a woman on any pregnancy-related care or treatment, including care or treatment that may reverse the effects of abortion-inducing drugs; (x) Interfere with the pregnancy center's staffing or hiring decisions by requiring the center to interview, hire or continue to employ any person who does not affirm the center's mission statement or agree to comply with the center's pro-life ethic and operating procedure. 35-4-1204. Legal remedies. (a) A pregnancy center or any person aggrieved by a violation of this act may commence a civil action for injunctive, equitable or declaratory relief permitted by law. Nothing in this subsection shall be construed to limit any other remedies that may be available under any other federal, state or municipal law.
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