HB 143

 2026  26LSO-0356
                               STATE OF WYOMING
                               HOUSE BILL NO. HB0143
 Free speech for health care providers.
 Sponsored by:       Representative(s) Ottman, McCann and Smith
                     and Senator(s) Laursen, D
                                        A BILL
                                            for
1 AN ACT relating to health care providers; prohibiting state
2 agencies and boards from discriminating against health care
3 providers based on the providers' speech and expressions;
4 prohibiting state agencies and boards from contracting with
5 or     requiring    health  care   providers        to   be   licensed   by
6 specified     boards  and    agencies;        requiring       health   care
7 providers     to  be    notified  of     specified      complaints;
8 authorizing        causes       of     action      as    specified;      providing
9 definitions; amending the Wyoming Governmental Claims Act;
10 and providing for an effective date.
11
12 Be It Enacted by the Legislature of the State of Wyoming:
13
14Section      1.    W.S.        1-39-125        and    35-34-101     through
15 35-34-103 are created to read:
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21-39-125.    Liability;   free   speech   for    health   care
3 providers.
4
5 A governmental entity is liable for damages resulting from
6 a violation of W.S. 35-34-101 through 35-34-103.
7
8CHAPTER 34
9FREE SPEECH FOR HEALTH CARE PROVIDERS ACT
10
1135-34-101.   Short title.
12
13 This act shall be known and may be cited as the "Free
14 Speech for Health Care Providers Act."
15
1635-34-102.   Definitions.
17
18(a)   As used in this act:
19
20(i)   "Discrimination" means one     (1)   or more    of
21 the following actions taken by a state agency against a
22 health care provider:
23
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1(A)    An    adverse     action,    including      but    not
2 limited to:
3
4(I)     A denial, revocation or suspension
5 of a license or certification;
6
7(II)    A       reprimand     that       results    in
8 disciplinary action against the health care provider;
9
10(III)       A reduction in rank or pay;
11
12(IV)    Loss of privileges;
13
14(V)     Termination of employment.
15
16(B)    The     communication        of      a    threat    of
17 adverse action.
18
19(ii)       "Health care provider" means any person who
20 participates   in    the    delivery     of   a   health    care   service,
21 including:
22
23(A)    Physicians and physician assistants;
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2(B)    Advanced      practice    registered   nurses,
3 registered nurses and licensed practical nurses;
4
5(C)    Hospital,      clinic     or    nursing      home
6 employees;
7
8(D)    Pharmacists,     pharmacy      technicians    and
9 other pharmacy employees;
10
11(E)    Medical       school,      nursing     school,
12 psychology and counseling school faculty and students;
13
14(F)    Mental health professionals, including
15 but not limited to psychologists, psychiatrists and mental
16 health counselors;
17
18(G)    Social workers;
19
20(H)    Physical therapists;
21
22(J)    Any   other    person    who   participates    in
23 the delivery of a health care service.
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2(iii)     "Health    care        service"    means      medical
3 research and health care provided to any person at any time
4 over the course of treatment, including:
5
6(A)   Medical       testing,   diagnosis,     prognosis
7 and referrals;
8
9(B)   The       prescribing,        dispensing        or
10 administering of any medication or medical device;
11
12(C)   Mental health therapy or counseling;
13
14(D)   Physical therapy;
15
16(E)   Record making and record keeping;
17
18(F)   Note      taking     related       to     medical
19 treatment;
20
21(G)   The preparation for or performance of a
22 surgery or other medical procedure;
23
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1(H)     Any     other       medical       care,       research      or
2 service provided by a health care provider.
3
4(iv)     "State       agency"        means      any     state        agency,
5 department, board or commission;
6
7(v)     "This       act"     means       W.S.    35-34-101  through
8 35-34-103.
9
1035-34-103.  Free      speech  protected  from      state
11 discrimination;        notice        of    speech-based  complaints;  civil
12 remedies.
13
14(a)    No     state    agency  shall    discriminate  against      a
15 health care provider for engaging in speech, expression or
16 association  that    occurs        within      the     scope    of     providing
17 health       care    services        or       medical       advice     and        that   is
18 protected       from       government  interference  by     the     first
19 amendment to the United States constitution and article 1,
20 sections 20 and 21 of the Wyoming constitution, unless the
21 state agency demonstrates by clear and convincing evidence
22 that   the     health       care     provider's  speech,       expression  or
23 association was the direct and proximate cause of physical
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1 or   mental    harm     to   a     patient    with    whom    the   health    care
2 provider      had   a   provider-patient  relationship     within    the
3 previous three (3) years.
4
5(b)    After determining that a health care provider has
6 been discriminated against by a board, commission or agency
7 for engaging in speech, expression or association that is
8 protected      from      government  interference      by    the     first
9 amendment to the United States constitution and article 1,
10 sections 20 and 21 of the Wyoming constitution within the
11 previous three (3) years, no state agency shall contract
12 with    or     require       a     person     to     obtain    a    license     or
13 certification       from  that   board,       commission     or     agency,
14 provided that such speech, expression or association did
15 not constitute medical advice to a specific patient.
16
17(c)    Not later than fourteen (14) days after receipt
18 of the complaint or action, any applicable state agency
19 shall provide a health care provider with notice of any
20 complaint or action to suspend or revoke the health care
21 provider's license or certification due to the health care
22 provider's engaging in speech, expression or association
23 under the first amendment to the United States constitution
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1 and     article     1,    sections       20   and    21    of     the    Wyoming
2 constitution.       Each    state    agency     that      fails    to    provide
3 notice under this subsection shall be subject to a fine of
4 five    hundred     dollars    ($500.00)      for    each    week       that   the
5 notice is not provided to the health care provider.
6
7(d)    A health care provider may bring a civil action
8 against a state agency for damages, injunctive relief or
9 both in a court of competent jurisdiction for any alleged
10 violations of this act. In a proceeding to enforce any of
11 the provisions of this act, a court may award reasonable
12 costs    to   the    affected    health       care   provider,  including
13 attorney's fees.
14
15Section 2.        This act is effective July 1, 2026.
16
17(END)
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