reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 10 - INFORMAL COMPLAINTS › Section 10-1 - Making an Informal Complaint and Investigation

Current through July 13, 2024
(a) The
				Administrator on his own initiative or upon receipt of a complaint may conduct
				an informal investigation of a program. The Administrator may choose not to
				investigate oral complaints from a complainant. The Administrator shall conduct
				an informal investigation upon receipt of a written informal complaint signed
				by the complainant. The purpose of an informal investigation is to endeavor to
				bring about satisfaction of the complaint without a formal hearing.
(b) If the Administrator receives a written
				complaint or decides to conduct an investigation on his own initiative, the
				Administrator shall notify the president of the board of directors of the
				program of the nature of the complaint and the activities to be undertaken as
				part of the informal investigation.
(c) The investigation may include on-site
				inspection and collection of all the available pertinent information concerning
				the operations of the program. The Division may consult with the program
				director, the governing body of the program, the staff of the program, if
				relevant, the clients, the parents or guardians of the clients, and other
				pertinent and reliable sources of information about the program.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 10 - INFORMAL COMPLAINTS › Section 10-2 - Corrective Action

Current through July 13, 2024
After an investigation has been completed, the Administrator
				  shall notify the provider and the complainant of the findings of the
				  investigation. If the provider is found to have committed an act or omission in
				  violation of the law or rules and standards, the Administrator may specify the
				  necessary corrective action and the time line for completion of the corrective
				  action. In the event of failure to bring about satisfaction of the complaint
				  through methods outlined in this chapter, or if at any time during the
				  investigation it is found that the health and safety of the clients are in
				  jeopardy, the complainant or the Administrator may file a formal complaint and
				  the informal proceedings shall be discontinued.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 10 - INFORMAL COMPLAINTS › Section 10-3 - Records of Complaints

Current through July 13, 2024
The Administrator may keep a record of each complaint
				  received in his office, the allegations made, documentation of investigations,
				  the action taken by the Administrator or the parties and the final disposition
				  of the complaint.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-1 - Filing of a Formal Complaint; Service; Satisfaction or Answer

Current through July 13, 2024
(a) A formal complaint may be made by the
				Administrator on his own motion or by any person, setting forth in writing the
				act done or omitted to be done by the provider in violation of a state or
				federal law, order, or rule or standard of the Division. The complaint shall
				show the venue at the top of the page, "Before the Division of Community
				Programs, Department of Health and Social Services of the State of Wyoming,"
				and shall bear a heading showing the names of the complainant and of the
				respondent. The complaint shall state:
(i)
				The name, address, and telephone number of the complainant;
(ii) The name, address, and telephone number,
				if known, of the respondent;
(iii)
				A clear and complete statement of the alleged violation complained of, together
				with all the facts which will give the Administrator and the respondent a clear
				and full understanding of the nature of the alleged violation. The allegations
				may be supported by sworn statements attached to the complaint as
				exhibits;
(iv) A definite statement
				of the exact relief prayed for; and
(v) The signature of the complainant or his
				attorney and if by the attorney, then his name, address, and telephone
				number.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-2 - Continuances; Amendments; Attorney General's Assistance

Current through July 13, 2024
(a)
				For good cause shown, continuances and extensions of time shall be granted at
				the discretion of the Administrator.
(b) The Administrator may permit any
				pleadings to be amended or corrected or any omission therein to be
				supplied.
(c) The Office of the
				Attorney General may assist the Division to investigate, prepare, present, and
				prosecute contested cases as provided in
				W.S.
				16-3-111 and
				16-3-112(c).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-3 - Hearing

Current through July 13, 2024
(a) Upon the written request of any party,
				the Administrator shall grant a hearing when:
(i) A formal complaint has been filed with
				the Administrator;
(ii) The
				Administrator has issued his order that the respondent satisfy the complaint or
				file his answer to the complaint; and
(iii) The respondent has not satisfied the
				complaint and has filed his Answer to the complaint.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-4 - Hearing Proceedings; Presiding Officer

Current through July 13, 2024
(a) All hearings
				of contested cases shall be public. The hearing shall be conducted by the
				presiding officer who shall be appointed by the Administrator. At the request
				of any party, or upon his own motion, the Administrator may appoint an
				independent presiding officer. The presiding officer shall conduct the
				contested case in an impartial manner and shall withdraw at any time if he
				deems himself disqualified to act impartially or for any other
				reason.
(b) The presiding officer
				shall:
(i) Administer oaths and
				affirmations;
(ii) Rule on offers
				of proof and receive relevant evidence;
(iii) Take or cause depositions to be taken
				in accordance with the provisions of
				W.S.
				16-3-101 through
				16-3-115;
(iv) Regulate the course of the
				hearing;
(v) Hold conference for
				the settlement or simplification of the issues;
(vi) Decide procedural requests and similar
				matters;
(vii) Make recommended
				decisions when directed to do so by the Division; and
(viii) Take any other action authorized by
				these rules and by W.S. W.S.
				W.S.
				16-3-101 through
				16-3-115.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-5 - Order of Hearing Proceedings

Current through July 13, 2024
(a) Every party of
				record may appear in person and with counsel and testify in the hearing of the
				contested case. In all contested cases, the proceeding including all testimony
				shall be reported verbatim stenographically or by any other appropriate means
				determined by the Administrator of presiding officer. Oral proceedings shall be
				transcribed on request of a party upon payment of the cost for the
				transcript.
(b) Witnesses shall be
				examined orally and under oath or affirmation administered by the presiding
				officer. The complainant shall establish by a preponderance of evidence the
				controverted facts upon which he bases his complaint. In the absence of an
				answer by the respondent, the presiding officer shall take such proof of the
				facts as may be deemed proper and reasonable and make such order thereon as
				dictated by the circumstances. If the complainant failed to appear at the
				hearing, the presiding officer shall dismiss the complaint with
				prejudice.
(c) The Wyoming Rules of
				Evidence shall be followed by the presiding officer and the parties. The
				provisions of W.S. 16-3107 and
				
										16-3-108 apply to contested cases before the
				Division, relating to reporting proceedings, transcription of the proceedings,
				documentary evidence, exclusion of evidence, cross examination, and judicial
				notice. Complainants exhibits shall be marked by numbers beginning with "1" and
				respondents exhibits shall be marked by letters of the alphabet beginning with
				"A."
(d) At the commencement of the
				hearing, the presiding officer shall announce that the hearing is open and
				shall call the docket number and title of the case to be heard. He may recess
				the proceedings when necessary and appropriate. at the close of the hearing
				after the parties have rested, the presiding officer shall excuse all the
				witnesses and close the evidence. Evidence may be reopened upon motion of a
				party and a showing of good cause.
(e) At hearings of contested cases, the
				complainant or the protestant shall open and close. On investigations on motion
				or order, the Administrator shall open and close. Intervenors shall follow the
				party on whose behalf the intervention is made.
(f) Opening and closing statements may be
				made by the parties or their counsel under conditions and limitations fixed by
				the presiding officer. Briefs may be filed by any party at the discretion of
				the presiding officer and within the time fixed by him.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-6 - Decisions by the Administrator

Current through July 13, 2024
(a) Before
				rendering his decision in a contested case, the Administrator shall consider
				the entire record or any portion of the record to which the parties have
				stipulated. If a recommended decision is rendered, all parties shall be
				afforded a reasonable opportunity to file exceptions thereto which shall become
				a part of the record. As a matter of right, each party shall be permitted to
				file a brief with respect to the recommended decision with the Division and
				oral argument may be allowed at the discretion of the Administrator.
(b) A final decision or order adverse to a
				party in a contested case shall be in writing and shall be served immediately
				upon each party or upon his attorney or record. The final decision shall
				contain findings of fact and conclusions of law separately stated. The findings
				of fact shall be based exclusively on the evidence and matters officially
				noticed. If the findings of fact are set forth in statutory language, they
				shall include, also, a concise and explicit statement of the underlying facts
				supporting the findings. The Administrator shall serve each party with a copy
				of his decision and findings of fact and conclusions of law.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 11 - FORMAL COMPLAINTS › Section 11-7 - Appeals

Current through July 13, 2024
Judicial review by district courts of the final decision of
				  the Administrator shall be pursuant to
				  W.S.
				  16-3-114. Review of any final judgment of the
				  district court under W.S. W.S.
				  W.S.
				  16-3-101 through
				  16-3-115 by appeal to the Wyoming
				  Supreme Court shall be taken as in other civil cases.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 12 - ACCOUNTING AND AUDIT REQUIREMENTS › Section 12-1 - Accounting Standards

Current through July 13, 2024
(a) The program
				shall have adequate accounting records to record and document all transactions
				that affect an agency's assets, liabilities, and fund balance. The accounting
				information system should be designed and maintained to ensure recording and
				documentation of all transactions or events that affect a programs ability to
				delivery services.
(b) Adequate
				measures of internal control shall be incorporated within a program's
				accounting system to promote reporting of reliable information about operations
				and to ensure stewardship over assets.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 12 - ACCOUNTING AND AUDIT REQUIREMENTS › Section 12-2 - Recording and Reporting Standards

Current through July 13, 2024
(a) Financial
				information shall be reported on a basis consistent with prior methods
				classified in a manner that recognizes inherent similarities, differences, and
				interrelationships.
(b) The
				financial and qualitative information that can be used to influence decision
				making shall be disclosed with the financial statement consisting of:
(i) State of Financial Position (Balance
				Sheet);
(ii) State of Support
				Revenue and Expenses (Detailed), in accordance with Chapter 7, Section
				2(x)(D) of these
				rules;
(iii) Statement of Changes
				of Fund Balance;
(iv) Related
				Qualitative Disclosures (Footnotes); and
(v) Grant or Contract Compliance
				Disclosure.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 12 - ACCOUNTING AND AUDIT REQUIREMENTS › Section 12-3 - Auditing and Reporting Standards

Current through July 13, 2024
The financial audit shall be governed by generally accepted
				  auditing standards and other authoritative pronouncements of the profession.
				  Additional reporting requirements have been incorporated to assure the auditors
				  reviews and test the information system to validate services provided and
				  related cost and grant or contract compliance of services provided. These
				  standards define and clarify the requirements for an independent audit that is
				  an explicitly stated requirement in all contracts entered into by the division
				  and the provider's.
(a) The following
				establishes the audit requirements for subgrantees receiving assistance through
				the State of Wyoming, Department of Health and Social Services, Division of
				Community Programs. These requirements provide for an annual independent
				financial and compliance audit of operations. Such audits are to determine
				whether:
(a) the financial operations are
				conducted properly;
(b) the
				financial statements are presented fairly;
(c) the subgrantee has complied with the
				terms of the contract;
(d) the
				internal procedures have been established to meet the objectives of the
				programs for which assistance is provided; and
(e) the financial reports submitted to the
				Department of Health and Social Services, Division of Community Programs
				contain accurate and reliable information presented consistently with the
				umbrella service for funding rules Chapter 5, Section
				3.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 12 - ACCOUNTING AND AUDIT REQUIREMENTS › Section 12-4 - Determining Compliance

Current through July 13, 2024
(a) The decision of
				the administrator on whether or not a program has complied with the provisions
				in this Chapter will be based on the State Examiner's acceptance or rejection
				of the audit and a written assessment by the Budget Office of the Department of
				Health and Social Services that the programs accounting system is in compliance
				with the standards established in this Chapter.
(b) If a program is found to be in
				noncompliance, the administrator shall notify the chairman of the board of the
				program by certified mail of the deficiencies and outline the necessary
				corrective action and timeline for corrective action.
(c) In the event that a program fails to
				bring about compliance in a timely manner, the Division of Community Programs
				may withhold contract payments in accordance with the division contract with
				the provider or terminate the contract in accordance with these
				rules.
(d) The decision of the
				administrator on issues of compliance with this Chapter is final.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
Pursuant to
				  W.S.
				  31-6-105(a), for chemical
				  analysis of the person's biood, breath or urine to be considered valid it shall
				  be performed according to methods approved by the Department of Health and it
				  shall be conducted by an individual possessing a valid permit issued by the
				  Department of Health. The Department of Health may promulgate and approve
				  satisfactory methods to ascertain the qualifications of individuals permitted
				  to conduct the analysis and it shall issue permits to qualified analysts or
				  operators who successfully meet the Department's certification requirements.
				  The Department may terminate or revoke permits for analysts or operators who do
				  not meet these qualifications.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
The following defmitions shall apply in the interpretation
				  and enforcement of these rules. Where the context in which words are used in
				  these rules indicates that such is the intent, words in the singular number
				  shall include the plural and vice versa. Throughout these rules gender pronouns
				  are used interchangeably except where the context dictates otherwise. The
				  drafters have attempted to utilize each gender pronoun in equal numbers in
				  random distribution. Words in each gender shall include individuals of the
				  other gender.
(a) "Alcohol" means any
				substance containing any form of alcohol, including but not limited to,
				ethanol, methanol, propanol, and isopropanol.
(b) "Alcohol concentration" in percent (%)
				means:
(i) The number of grams of alcohol per
				one hundred (100) milliliters of blood;
(ii) The number of grams of alcohol per
				seventy-five (75) milliliters of urine;
(iii) The number of grams of alcohol per two
				hundred ten (210) liters of breath;
(iv) The number of grams of alcohol per
				eighty-six and two tenths (86.2) milliliters of serum or plasma;
(v) The number of grams of alcohol per
				seventy-eight and seven-tenths (78.7) milliliters of vitreous fluid.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Applicability

Current through July 13, 2024
(a) Any person, facility or agency that
				performs alcohol analyses, the results of which will be used for enforcement of
				W.S.
				10-6-103,
				31-5-233,
				31-6-102, 31-17-1 ll&l 13, and
				
										41-13-206, shall be subject to these rules.
				Tests for other purposes may be done at the discretion of the local
				agency.
(b) The Department may
				issue manuals, bulletins, or both, to interpret the provisions of this chapter.
				Such manuals and bulletins shall be consistent with and reflect the policies
				contained in these chapters. The provisions contained in manuals or bulletins
				shall be subordinate to the provisions of these rules.
(c) The incorporation by reference of any
				external standard is intended to be the incorporation of that standard as it is
				in effect on the effective date of these chapters.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 2 - APPROVAL OF ANALYTICAL METHODS › Section 2-1 - Blood Alcohol Analyses

Current through July 13, 2024
(a) Alcohol free or
				blank samples shall contain an alcohol concentration of less than 0.005% when
				analyzed by the analytical method.
(b) The analytical method shall have an
				accuracy of ± 5% of the alcohol value, or ± 0.005% if the alcohol
				concentration is less than 0.100%.
(c) The analytical method shall not be
				susceptible to interference by substances other than alcohol.
(d) The state agency shall keep a complete
				description of the method on file.
(e) Upon satisfactory demonstration of (a),
				(b), and (c) above an approved procedure sheet or checklist will be issued by
				the state agency.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 2 - APPROVAL OF ANALYTICAL METHODS › Section 2-2 - Breath Alcohol Analyses

Current through July 13, 2024
(a) Instruments
				used for quantitative breath alcohol analyses must be capable of accepting a
				specimen of deep lung breath (substantially alveolar in composition) for
				analysis.
(b) Loss of alcohol (from
				the breath specimen) through condensation shall be prevented.
(c) Results shall be reported as percent
				alcohol concentration, which is grams of alcohol per two hundred ten (210)
				liters of breath.
(d) Substances
				that are produced endogenously and appear in the breath shall not contribute to
				apparent alcohol concenti'ation by more than 0.005%.
(e) The state agency may include ease of use,
				maintenance, suitability for field use and other operational capabilities to
				insure scientific validity and uniform standards of practice for chemical
				analysis of alcohol m their evaluation.
(f) Breath test units must be on the
				qualified or conforming products list of the National Highway Transportation
				Safety Agency (NHTSA) at the time of evaluation.
(g) An approved procedure sheet or checklist
				will be issued by the state agency.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 3 - PROCEDURES FOR ANALYSIS › Section 3-1 - Procedural controls

Current through July 13, 2024
(a) Analytical
				procedures for breath alcohol analysis should include the following controls in
				conjunction with the testing of each subject:
(i) Subject must be observed for a minimum of
				fifteen (15) minutes prior to testing to prevent residual mouth alcohol. All
				foreign material (except dentures) must be removed from the mouth at the start
				of observation period and subject must not be allowed to smoke, eat, drink or
				place anything in their mouth. If the subject vomits or regurgitates, the
				observation period must be restarted after rinsing the mouth with water. A dry
				burp or belch will not affect the test; therefore, the observation time can
				continue.
(ii) A blank analysis
				with a result less than 0.005%.
(iii) Analysis of a suitable reference sample
				whose result shall agree within the limits of + 5% to - 10% of the expected
				value.
(iv) Duplicate breath
				specimens must be analyzed. If the duplicate analyzed specimens do not agree
				within 0.020% of each other then a third specimen must be analyzed. The lowest
				value of the pair that agrees within 0.020% of each other shall be reported.
				Agreement within 0.020% verifies the results and demonstrates that no
				significant errors, such as residual mouth alcohol, voltage changes,
				electromagnetic interference, non-alveolar breath, etc. have occurred. If a
				pair of results agreeing within 0.020% cannot be found among the three results,
				a blood or urine test should be taken or the breath test started over,
				discarding all previous results.
(v) Analysis must be run using an approved
				checklist provided by the state agency.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 3 - PROCEDURES FOR ANALYSIS › Section 3-2 - Reporting of results

Current through July 13, 2024
(a) The results
				will be reported in a manner consistent with the analytical capability of the
				instrumentation. That determination will be incorporated in the methods
				approved by the Department of Health.
(b) Results of analyses shall be reported as
				percent (%) alcohol concentration using the definitions in Chapter 1, section
				3(b).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 3 - PROCEDURES FOR ANALYSIS › Section 3-3 - Blood Sample Collection Procedures

Current through July 13, 2024
The blood samples will be:
(a) Collected using standard medical
				procedures and equipment for obtaining blood samples in the presence of the
				arresting officer or other responsible person who can authenticate the
				specimen(s).
(b) Collected using
				sterile equipment. The skin at the area of puncture should be thoroughly
				cleansed and disinfected with an aqueous solution of nonvolatile antiseptic.
				Alcohol solutions should not be used as a skin antiseptic.
(c) Collected utilizing tubes that contain an
				appropriate anticoagulant and a preservative, such as potassium oxalate or EDTA
				(ethylenediaminetetraacetic acid) and a minimum of 0.1% sodium
				fluoride.
(d) Collected using tubes
				and/or mailing containers bearing tamper evident seals that will maintain the
				chain of custody.
(e) Collected by
				venipuncture by a physician, nurse, paramedic, emergency medical technician,
				medical technologist or a person whose training and normal duties include
				withdrawing blood specimens under the supervision of a physician or
				nurse.
(f) Collected only in an
				appropriate clinical or public safety facility (e.g., hospital, medical clinic,
				ambulance, police station, fire station or approved facility). In no event will
				the collection of blood specimens interfere with the provision of essential
				medical care or the ready availability of emergency medical services to the
				public.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 3 - PROCEDURES FOR ANALYSIS › Section 3-4 - Urine Sample Collection Procedures

Current through July 13, 2024
(a) Two (2) samples
				shall be collected approximately thirty (30) minutes apart and the reported
				value shall be based on the results of the second sample that will show the
				alcohol concentration at a point in time halfway between the two samples. The
				loss of the first sample shall not invalidate the results if the actual time of
				voiding the bladder was recorded.
(b) The collection tube shall contain a
				minimum of 0.1 % sodium fluoride as a preservative.
(c) The sample may be collected in a clean
				container and transferred to the sample tube.
(d) Sample tubes and/or mailing containers
				shall bear tamper evident seals that will maintain the chain of
				custody,
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 4 - PERMIT REQUIREMENTS › Section 4-1 - Permit Categories

Current through July 13, 2024
(a) Breath Alcohol.
(i) An Operator Permit allows the permittee
				to conduct breath alcohol analyses on the instrument for which the permittee is
				certified.
(ii) A Senior Operator
				Permit allows the permittee to supervise Breath Testing Operators and to train
				Breath Testing Operators for certification on a specified instrument. Senior
				Operators may also perform tests as an Operator.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 4 - PERMIT REQUIREMENTS › Section 4-2 - Certification Requirements for Obtaining Permit

Current through July 13, 2024
(a) Breath
				Alcohol Operator certification.
(i) The
				candidate must successfully complete a minimum of eight (8) hours of
				instruction by a senior operator or the state agency, including instruction in
				all of the following subject matters and must pass a final written examination:
(A) Effects of alcohol on the human
				body.
(B) Operational principles of
				the selected testing method, which shall include a fiinctional description of
				the method and a detailed operational description of the method with
				demonstration
(C) Instruction on
				the legal aspects of chemical tests for alcohol
(D) Instruction on supplemental information,
				which shall include nomenclature appropriate to the field of chemical tests for
				alcohol
(E) Laboratory practice
				using appropriate equipment, which must include a minimum of ten (10) complete
				checklists; and
(F) Pass a final
				written examination prepared by the state agency, with at least 70 percent
				correct.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 4 - PERMIT REQUIREMENTS › Section 4-3 - Revocation of permits

Current through July 13, 2024
Any permit granted pursuant to these rules may be revoked for
				  failure to comply with these rules, at the discretion of the state agency.
				  Permits may be revoked for failure to perform the required number of analyses
				  as described above, for failure to follow prescribed procedures or for failing
				  a required practical and/or written examination.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 4 - PERMIT REQUIREMENTS › Section 4-5 - State agency waivers

Current through July 13, 2024
The state agency may, at its discretion, and on an individual
				  basis, waive any of the above requirements, providing the individual can
				  demonstrate, to the state agency's satisfaction, an equivalent amount of
				  knowledge and ability, and/or the state agency can demonstrate that the
				  scientific validity of the result has not been affected.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 5 - PROGRAM OVERSIGHT REQUIREMENTS › Section 5-1 - Analyst or Operator personnel

Current through July 13, 2024
(a) Monitoring of
				breath analyst permittees will be carried out as a function of permit renewal
				as described in these regulations.
(b) The state agency may require a permittee
				to take and pass a practical and/or written examination if it deems it
				necessary, but a practical and/or written examination may not be required more
				than twice in a one (1) year period.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0010 - Chemical Analysis of Blood Alcohol › Chapter 5 - PROGRAM OVERSIGHT REQUIREMENTS › Section 5-2 - Analytical equipment - Breath Alcohol

Current through July 13, 2024
(a) Each instrument
				shall be evaluated by the state agency prior to being placed in
				service.
(b) Each instrument shall
				be inspected annually by the state agency.
(c) Each unit shall be inspected for radio
				frequency interference when there is a significant change in its radio
				frequency environment.
(d) The
				local agency shall notify the state agency when there will be a permanent
				location change for the instrument or if the radio frequency environment
				changes.
(e) A log sheet, kept in a
				format prescribed by the state agency, shall be kept showing tests run on the
				unit. Copies of the log shall be submitted to the state agency for each month
				the unit is in operation.
(f) All
				sites with analytical instruments used by permittees shall be open for
				inspection by the state agency.
(g)
				The state agency may remove an instrument from service, if a proper environment
				is not provided as determined by the state agency. The state agency may also
				remove an instrument from service if the site has failed to properly maintain
				the instrument.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules of the Department of Health, Preventive Health
				  and Safety Division are promulgated pursuant to Sections
										33-34-101 through
				  33-34-109, W.S.
				  1977.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Purpose

Current through July 13, 2024
To provide standards conducive to good laboratory practice
				  that will assure all citizens of the state they have access to, and receive, a
				  minimum quality of laboratory services regardless of the nature of the provider
				  of those services.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Severability

Current through July 13, 2024
If any provision of these rules or the application thereof to
				  any person, program, service, or circumstance is held invalid, the invalidity
				  shall not affect other provisions or applications of these rules. To the extent
				  that these rules can be given effect without the invalid provision; the
				  provision of these rules are severable.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Applicability

Current through July 13, 2024
(a) All clinical laboratories in Wyoming,
				including those operated by the state, are subject to the requirements of this
				act. Laboratories operated by the U.S. Government are exempt from the
				requirements of this act.
(b) The
				Department may issue manuals, bulletins, or both, to interpret the provisions
				of this chapter. Such manuals and bulletins shall be consistent with and
				reflect the policies contained in this chapter. The provisions contained in
				manuals or bulletins shall be subordinate to the provisions of this
				chapter.
(c) The incorporation by
				reference of any external standard is intended to be the incorporation of that
				standard as it is in effect on the effective date of this chapter.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-1 - License Required

Current through July 13, 2024
All clinical laboratories in Wyoming Shall have a valid
				  license issued by the state agency. In order to receive a license, a laboratory
				  shall have a director certified by the state agency, and meet the appropriate
				  inspection and proficiency testing requirements as specified in Chapters III,
				  IV, and V following.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-2 - Qualifications for Laboratory Personnel

Current through July 13, 2024
(a) Laboratory
				Director
(i) A physician licensed by the
				Board of Medical Examiners; or is a Ph.D. with a major in chemical, physical,
				or biological science and is certified by the American Board of Medical
				Microbiology, the American Board of Clinical Chemistry, the American Board of
				Bioanalysts, or another national accrediting board in a laboratory specialty
				acceptable to HHS, and has at least one (1) year of general laboratory training
				and experience.
(ii) Document
				continuing education of a minimum ten (10) contact hours per year or twenty
				(20) contact hours per two (2) years appropriate to specific need.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-3 - Issuance of Certificate of Qualification

Current through July 13, 2024
(a) The state
				agency shall send a qualification form for a certificate, in care of the
				laboratory director, to all clinical laboratories known to be operating in the
				state as of January 1, 1985. After January 1, 1985, an individual shall
				request, in writing, a qualification form for a certificate from the state
				agency.
(b) The state agency shall
				issue a certificate to individuals meeting the qualifications of Laboratory
				Director as specified in Chapter II, Section
				2.
(c) The certificate shall indicate
				that the individual may direct a reference or physician office
				laboratory.
(d) The certificate
				will be valid for one (1) year from the date on which it was issued.
(e) The state agency will automatically renew
				the Certificate of Qualification on a yearly basis.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-4 - Limits for Laboratory Directors

Current through July 13, 2024
(a) A laboratory
				director certified to direct a reference laboratory may direct no more than two
				(2) laboratories and concurrently provide provisional directorship for no more
				than six (6) laboratories.
(b) A
				laboratory director certified to direct a physician office laboratory may
				direct one (1) such laboratory.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-5 - Application for License

Current through July 13, 2024
(a) The state
				agency shall send an application for license to all laboratories operating in
				the state as of January 1, 1985.
(b) The owner of the laboratory or his
				legally authorized representative shall complete the application for
				license.
(c) After January 1, 1985,
				the owner(s) or director-owner shall request, in writing, an application for
				license from the state agency.
(d)
				The license application shall be accompanied by the appropriate license fee.
(i) The fee shall be one hundred dollars
				($100.00) for each category of tests.
(ii) Test categories are: microbiology,
				serology, chemistry, hematology, biophysics, cytology, and pathology.
(iii) The license fee for any laboratory
				shall not exceed five hundred dollars ($500.00)
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-6 - Issuance of License

Current through July 13, 2024
(a) The license
				application shall require:
(i) The name,
				address, and phone number of the laboratory;
(ii) The name and address of the
				owner;
(iii) The name and
				Certificate of Qualification; number of the director;
(iv) A list of the laboratory tests
				performed;
(v) A list of personnel
				that perform the laboratory tests;
(vi) Documentation of participation in the
				appropriate proficiency testing program.
(vii) For reference laboratories, CLIA
				license number, Medicare provider number, documentation of accreditation from
				JCAHO or CAP, and a copy of the most recent inspection report.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 2 - LICENSURE › Section 2-7 - Acceptance, Collection, Reporting, and Examination of Specimens

Current through July 13, 2024
(a) All licensed laboratories shall accept
				only those specimens collected by a physician, laboratory director, dentist,
				trained personnel under the direction of a physician, laboratory director,
				dentist, or local, state, or federal health authorities.
(b) Examinations of specimens shall be made
				only at the request of a physician, dentist, or local, state, or federal health
				authorities authorized to use laboratory findings.
(c) Results of a test or tests shall only be
				reported to the submitter of the specimen or as directed by the submitter. The
				report shall be written, signed, and dated and shall include the name and
				address of the laboratory in which the test(s) were actually
				performed.
(d) All specimens shall
				be tested on the premises of the laboratory that accepted the specimen unless
				the specimen was forwarded to an approved reference laboratory.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 3 - LEVEL I LABORATORIES › Section 3-1 - Description

Current through July 13, 2024
Level I laboratories are clinical laboratories that perform
				  any or all of the following tests:
(a)
				Qualitative examination of urine by dipstick or tablet methods for chemical
				constituents.
(b) Chemical
				examination of blood by dipstick or tablet method for glucose.
(c) Microscopic examination of urine sediment
				and specific gravity by approved methods.
(d) Pregnancy testing through the use of
				commercially available kit methods.
(e) Primary culturing of infected sites for
				transmittal to an approved reference laboratory. Preincubation is allowed under
				this provision.
(f) Qualitative
				chemical examination of stool specimens for occult blood.
(g) Microscopic examination for pinworms,
				yeast, and Trichomonas Vaginalis.
(h) Spun hematocrit determination.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 4 - LEVEL II LABORATORIES › Section 4-1 - Description

Current through July 13, 2024
Level II laboratories perform any or all of those tests
				  listed for Level I laboratories and any or all of the following tests:
(a) Hemoglobin by approved methods.
(b) Red and white blood cells
				counts.
(c) White blood cell
				differential counts.
(d)
				Prothrombin time and/or partial thromboplastin time tests.
(e) Blood glucose by approved
				methods.
(f) Screening tests for
				mononucleosis and/or rheumatoid factor.
(g) Throat cultures for the Beta-Hemolytic
				Streptococci, including the use of differential tests such as bacitracin
				discs.
(h) Colony counts for
				urinary tract infections not to include identification or susceptibility
				testing.
(i) Gram stains of
				pustular material, exudates, aspirated lesions, and pharyngeal, cervical or
				genito-urinary swabs.
(j)
				Presumptive identification of Neisseria Gonorrhoea from the cervix or
				genito-urinary tract by approved methods and provided all such identifications
				are confirmed by an approved reference laboratory.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 5 - LEVEL III LABORATORIES › Section 5-1 - Description

Current through July 13, 2024
Level III laboratories perform any tests that are not listed
				  for Level I and II laboratories. They may perform any or all of those tests
				  listed for Level I and II laboratories.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 5 - LEVEL III LABORATORIES › Section 5-2 - Standards of Licensure for Reference Laboratories

Current through July 13, 2024
(a)
				Reference laboratories that are licensed under CLIA, certified for Medicare,
				accredited by JCAHO or CAP, shall be deemed to have met the licensure
				requirements of this act, except as noted below. The state agency reserves the
				right to inspect these laboratories, if it deems necessary, and shall give a
				(thirty) 30 day notice prior to such inspection.
(b) Reference laboratories that are not
				licensed, certified, or accredited as in (a) above shall be inspected at least
				once every two ( 2) years by the state agency. Such inspection shall meet or
				exceed the Medicare standards for independent laboratories. The state agency
				shall give thirty (30) day notice prior to inspection.
(c) All reference laboratories shall
				satisfactorily participate in a state approved proficiency testing program and
				shall forward a copy of the proficiency testing result report(s) to the state
				agency. Satisfactory performance shall be based on the criteria of acceptable
				performance established by the provider of the materials. If such information
				is unavailable, the following criteria shall be used:
(i) For all test categories except
				immunohematology, the laboratory shall achieve a grade of seventy-five percent
				(75%) or better;
(ii) For
				immunohematology, a score of ninety percent (90%) or better shall be
				achieved;
(iii) Grades shall be
				determined by agreement with the reference results given by the provider of the
				materials, with allowance for deviation from the mean, where such consideration
				is applicable.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 5 - LEVEL III LABORATORIES › Section 5-3 - Standards for Licensure of Physician Office Laboratories

Current through July 13, 2024
(a)
				All physician office laboratories shall be inspected at least once every year.
				Such inspection shall meet or exceed the Medicare standards for record keeping
				and quality control that can be applied to physician office
				laboratories.
(b) All physician
				office laboratories shall satisfactorily participate in a state approved
				proficiency testing program and shall forward a copy of the proficiency testing
				result report(s) to the state agency. Satisfactory participation shall be based
				on the same criteria noted in Section
				2(c) of this
				Chapter.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0013 - Clinical Laboratories, Licensure of › Chapter 6 - ENFORCEMENT › Section 6-1 - General Provisions

Current through July 13, 2024
(a) Proceedings to
				revoke, annul, suspend, or limit a license shall be initiated by the state
				agency when:
(i) The facilities or equipment
				are deemed to be inadequate to provide the laboratory services for which the
				laboratory is licensed;
(ii) The
				laboratory personnel do not meet qualifications as specified in Chapter II,
				Section
				2;
(iii) The laboratory has not been able to
				demonstrate that it can satisfactorily perform or meet applicable quality
				assurance standards for the laboratory tests for which it is
				licensed;
(iv) In the process of
				applying for a Certificate of Qualification or a laboratory license, or renewal
				of either, there is evidence of misrepresentation or that false information has
				been given to the state agency;
(v)
				There is evidence that laboratory personnel have falsified reports, violated
				confidentiality in reporting, or are negligent in receiving, processing, and
				reporting results on specimens submitted for testing.