1 | | - | ORIGINAL SENATE |
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2 | | - | FILE NO. SF0130 |
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3 | | - | ENROLLED ACT NO. 27, SENATE |
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4 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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5 | | - | 2025 GENERAL SESSION |
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6 | | - | 1 |
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7 | | - | AN ACT relating to civil procedure; amending the exemption |
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8 | | - | from civil liability for providing emergency services to |
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9 | | - | include mental health crises; and providing for an |
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10 | | - | effective date. |
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11 | | - | Be It Enacted by the Legislature of the State of Wyoming: |
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12 | | - | Section 1. W.S. 1-1-120(a) and (b) is amended to |
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13 | | - | read: |
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14 | | - | 1-1-120. Persons rendering emergency assistance |
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15 | | - | exempt from civil liability. |
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16 | | - | (a) Any person licensed as a physician and surgeon |
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17 | | - | under the laws of the state of Wyoming, or any other |
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18 | | - | person, who in good faith renders emergency care or |
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19 | | - | assistance, including assistance for a mental health |
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20 | | - | crisis, without compensation at the place of an emergency, |
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21 | | - | or , is not liable for any |
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22 | | - | civil damages for acts or omissions in good faith. |
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23 | | - | (b) Persons or organizations operating volunteer |
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24 | | - | ambulances or rescue vehicles supported by public or |
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25 | | - | private funds, staffed by unpaid volunteers, and which make |
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26 | | - | no charge, or charge an incidental service or user fee, for |
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27 | | - | services rendered during medical emergencies |
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28 | | - | health crises, and the unpaid volunteers who staff |
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29 | | - | ambulances and rescue vehicles are not liable for any civil |
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30 | | - | damages for acts or omissions in good faith in furnishing |
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31 | | - | emergency medical services |
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32 | | - | crises |
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33 | | - | constituting gross negligence or willful or wanton |
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34 | | - | misconduct. For purposes of this section, "unpaid |
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35 | | - | volunteers" means persons who either receive incidental |
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36 | | - | remuneration on a per call basis or receive no more than ORIGINAL SENATE |
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37 | | - | FILE NO. SF0130 |
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38 | | - | ENROLLED ACT NO. 27, SENATE |
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39 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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40 | | - | 2025 GENERAL SESSION |
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41 | | - | 2 |
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42 | | - | one thousand dollars ($1,000.00) annually for volunteer |
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43 | | - | ambulance and rescue activities, including mental health |
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44 | | - | services or services provided during a suicidal |
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45 | | - | intervention. The immunity provided by this subsection |
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46 | | - | shall extend to a physician while serving in his capacity |
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47 | | - | as medical director of any ambulance service, to hospitals |
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48 | | - | and hospital employees for activities directly related to |
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49 | | - | providing clinical training as part of an emergency medical |
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50 | | - | service class approved by the department of health, and to |
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51 | | - | students while participating in emergency medical services |
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52 | | - | or mental health services training approved by the |
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53 | | - | department of health. If an unpaid volunteer's, medical |
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54 | | - | director's, hospital's or trainee's acts or omissions are |
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55 | | - | subject to the provisions of the Wyoming Governmental |
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56 | | - | Claims Act, immunity under this section is waived to the |
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57 | | - | extent of the maximum liability provided under W.S. |
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58 | | - | 1-39-118. ORIGINAL SENATE |
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59 | | - | FILE NO. SF0130 |
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60 | | - | ENROLLED ACT NO. 27, SENATE |
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61 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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62 | | - | 2025 GENERAL SESSION |
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63 | | - | 3Section 2. This act is effective July 1, 2025. |
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64 | | - | (END) |
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65 | | - | Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________ |
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66 | | - | I hereby certify that this act originated in the Senate. |
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67 | | - | Chief Clerk |
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| 1 | + | 2025 |
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| 2 | + | STATE OF WYOMING |
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| 3 | + | 25LSO-07141SF0130 |
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| 4 | + | SENATE FILE NO. SF0130 |
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| 5 | + | Emergency assistance immunity-mental health services. |
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| 6 | + | Sponsored by: Senator(s) Rothfuss, Barlow and Brennan and |
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| 7 | + | Representative(s) Larsen, L, Lawley, Washut |
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| 8 | + | and Yin |
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| 9 | + | A BILL |
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| 10 | + | for |
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| 11 | + | 1 AN ACT relating to civil procedure; amending the exemption |
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| 12 | + | 2 from civil liability for providing emergency services to |
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| 13 | + | 3 include mental health crises; and providing for an |
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| 14 | + | 4 effective date. |
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| 15 | + | 5 |
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| 16 | + | 6 |
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| 17 | + | 7 |
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| 18 | + | 8. W.S. 1-1-120(a) and (b) is amended to |
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| 19 | + | 9 read: |
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| 20 | + | 10 |
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| 21 | + | 11 |
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| 22 | + | 12 |
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| 23 | + | 13 |
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| 24 | + | 14 (a) Any person licensed as a physician and surgeon |
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| 25 | + | 15 under the laws of the state of Wyoming, or any other 2025STATE OF WYOMING25LSO-07142SF0130 |
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| 26 | + | 1 person, who in good faith renders emergency care or |
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| 27 | + | 2 assistance, including assistance for a mental health |
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| 28 | + | 3 without compensation at the place of an emergency, |
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| 29 | + | 4, is not liable for any |
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| 30 | + | 5 civil damages for acts or omissions in good faith. |
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| 31 | + | 6 |
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| 32 | + | 7 (b) Persons or organizations operating volunteer |
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| 33 | + | 8 ambulances or rescue vehicles supported by public or |
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| 34 | + | 9 private funds, staffed by unpaid volunteers, and which make |
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| 35 | + | 10 no charge, or charge an incidental service or user fee, for |
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| 36 | + | 11 services rendered during medical emergencies |
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| 37 | + | 12, and the unpaid volunteers who staff |
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| 38 | + | 13 ambulances and rescue vehicles are not liable for any civil |
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| 39 | + | 14 damages for acts or omissions in good faith in furnishing |
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| 40 | + | 15 emergency medical services |
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| 41 | + | 16. This immunity does not apply to acts or omissions |
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| 42 | + | 17 constituting gross negligence or willful or wanton |
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| 43 | + | 18 misconduct. For purposes of this section, "unpaid |
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| 44 | + | 19 volunteers" means persons who either receive incidental |
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| 45 | + | 20 remuneration on a per call basis or receive no more than |
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| 46 | + | 21 one thousand dollars ($1,000.00) annually for volunteer |
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| 47 | + | 22 ambulance and rescue activities |
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| 48 | + | 23 2025STATE OF WYOMING25LSO-07143SF0130 |
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| 49 | + | 1. The immunity provided by this subsection |
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| 50 | + | 2 shall extend to a physician while serving in his capacity |
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| 51 | + | 3 as medical director of any ambulance service, to hospitals |
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| 52 | + | 4 and hospital employees for activities directly related to |
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| 53 | + | 5 providing clinical training as part of an emergency medical |
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| 54 | + | 6 service class approved by the department of health, and to |
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| 55 | + | 7 students while participating in emergency medical services |
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| 56 | + | 8 training approved by the |
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| 57 | + | 9 department of health. If an unpaid volunteer's, medical |
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| 58 | + | 10 director's, hospital's or trainee's acts or omissions are |
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| 59 | + | 11 subject to the provisions of the Wyoming Governmental |
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| 60 | + | 12 Claims Act, immunity under this section is waived to the |
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| 61 | + | 13 extent of the maximum liability provided under W.S. |
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| 62 | + | 14 1-39-118. |
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| 63 | + | 15 |
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| 64 | + | 16. This act is effective July 1, 2025 |
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| 65 | + | 17 |
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| 66 | + | 18 (END) |
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