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048.0053.12.04042017

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State Hospital — Chapter 12: Exchange of Information Under Title 25

Jurisdiction: WY Agency: Wyoming Department of Health, Behavioral Health Division (incl. the Wyoming State Hospital) — published by the Wyoming Secretary of State
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Plain-English summary

This chapter establishes procedures for exchanging protected health information about individuals subject to court-ordered emergency detention, involuntary hospitalization, or directed outpatient commitment under Wyoming's Title 25 (Hospitalization of Mentally Ill Persons). It authorizes sharing of patient health information among healthcare providers, treatment providers, county attorneys, examiners, departmental gatekeepers, and courts as necessary to carry out the Act. All such exchanges must comply with applicable state and federal law.

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Regulation text
Health, Department of

State Hospital

Chapter 12: Exchange of Information Under Title 25

Effective Date: 
04/04/2017 to Current

Rule Type: 
Current Rules & Regulations

Reference Number: 
048.0053.12.04042017

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Chapter 12

Exchange of Information under Title 25

Section 1.
 
Authority.

This Chapter is promulgated by the Department of Health ("the Department") pursuant to Hospitalization of Mentally Ill Persons ("the Act") codified at 
Wyo. Stat. Ann. §
§ 25-10-101 through 
-
127 and the Wyoming Administrative Procedure Act at 
Wyo. Stat. Ann. §
§ 16-3-101
 through -115.

Section 2.
 
Purpose and Applicability.

(a) These rules have been adopted to establish and implement the procedures and corresponding responsibilities for the treatment of patients court-ordered to 
emergency detention, involuntary hospitalization, or 
Directed Outpatient Commitment as provided in 
Wyo. Stat. Ann. §
§ 25-10-101 through 
-
127.

Section 3
. 
Exchange of Patient Information under Title 25

(a) When an individual is determined mentally ill under 
Wyo. Stat. Ann. §
§ 
25-10-109 
through -
110.1, protected health information regarding the individual's condition, diagnoses, history, and detention
 or 
hospitalization may be exchanged between relevant healthcare providers, treatment provider
s
, the county attorney, the examiner, any gatekeeper designated by the Department, and the court
 as necessary to carry out the purposes of this Act
. Any exchange of protected health information under the Act
 
shall comply with requirements under 
all applicable state and federal law.

Section 4. Implementation
 of Chapter.

(a) The order in which the provisions of this Chapter appear is not to be construed to mean that any provision is more or less important than any other provision. 

(b) The text of this Chapter shall control the titles of its various provisions. 

Section 5. Superseding
 Effect.

When promulgated, this Chapter supersedes all prior rules or policy statements issued by the Department, including manuals or bulletins, which are inconsistent with this Chapter
.

Section 6.
 
Severability.

If any portion of this Chapter is found to be invalid or unenforceable, the remainder shall continue in full force and effect.

For questions regarding the content or application of a specific rule, please contact the agency responsible for the rule. A directory of 
agencies
 is also available online. For questions about the rulemaking process, please send your questions and comments to 
Rules@wyo.gov
.