Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 1 - AUTHORITY AND REASON FOR RULES › Section 1-1 - Authority

Current through July 13, 2024
The Wyoming Constitution, Article 7, Section
				  20
				  establishes the paternalistic standard for the State of Wyoming to protect and
				  promote the health and morals of the people of Wyoming:
"As the health and the morality of the people are essential
				  to their well-being, and to the peace and permanence of the state, it shall be
				  the duty of the legislature to protect and promote these vital interests by
				  such measures for the encouragement of temperance and virtue, and such
				  restrictions upon vice and immorality of every sort, as are deemed necessary to
				  the public welfare."
Compliance with that constitutional mandate has taken various
				  forms. Of recent interest, however, the social services for the State were
				  under the jurisdiction of the board and Department of Health, the board and
				  Department of Welfare, and the board and Division of Vocational Rehabilitation
				  of the Department of Education.
Those boards and departments were abolished effective July 1,
				  1969, and their powers, duties, and regulatory authority were transferred to
				  the then newly created Department of Health and Social Services.
In 1979, four divisions were created within the Department,
				  one of which is the Division of Community Programs. That Division became the
				  state mental health authority, the developmental disabilities authority, and
				  the substance abuse authority. In 1982, the Division was expanded to be the
				  authority for family violence and sexual assault. In 1983, the Division was
				  expanded to include community services for youth.
The Legislature gave certain duties to the Division of
				  Behavioral Health, among which are:
W.S.
				  9-2-102(a)(iii) Establish
				  minimum standards and approve policies and procedures for the establishment and
				  operation of community based mental health, substance abuse, and developmental
				  disabilities programs receiving state support;
(iv) Establish minimum standards for all
				mental health, substance abuse, developmental disabilities, family violence and
				sexual assault services supported by state funds;
The 1979 "Community Mental Health Services Act" expanded the
				  role of the Division of Behavioral Health. The Legislature authorized the
				  Division to contract for human services programs defined as "community
				  facilities and services for the prevention and amelioration of mental illness,
				  substance abuse, or developmental disabilities." [W.S. W.S.
				  W.S.
				  35-1-620(a)(i); and
				  35-1613(a)(iv)]. The Department was mandated to establish standards to
				  effectuate the act and to:
(v) Review and evaluate all programs
				authorized or funded under this act;
(vi) Select the most appropriate service
				provider's within each region in order to achieve the most effective and
				efficient human services system;
(vii) Prescribe procedures to ensure
				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.