This text of Wyoming § 35-4-114 (Immunity from liability) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)During a public health emergency as defined by W.S.
35-4-115(a)(i) and subject to subsection (d) of this section,
any health care provider or other person, including a business
entity, who in good faith follows the instructions of a state,
city, town or county health officer or who acts in good faith in
responding to the public health emergency is immune from any
liability arising from complying with those instructions or
acting in good faith. This immunity shall apply to health care
providers who are retired, who have an inactive license or who
are licensed in another state without a valid Wyoming license
and while performing as a volunteer during a declared public
health emergency as defined by W.S. 35-4-115(a)(i). This
immunity shall not apply to acts or omissions constituting gross
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(a) During a public health emergency as defined by W.S.
35-4-115(a)(i) and subject to subsection (d) of this section,
any health care provider or other person, including a business
entity, who in good faith follows the instructions of a state,
city, town or county health officer or who acts in good faith in
responding to the public health emergency is immune from any
liability arising from complying with those instructions or
acting in good faith. This immunity shall apply to health care
providers who are retired, who have an inactive license or who
are licensed in another state without a valid Wyoming license
and while performing as a volunteer during a declared public
health emergency as defined by W.S. 35-4-115(a)(i). This
immunity shall not apply to acts or omissions constituting gross
negligence or willful or wanton misconduct.
(b) The licensing boards for any health care provider
holding a permit or license as a health care provider regulated
under title 33 of the Wyoming statutes shall provide by rule and
regulations for the temporary licensure of health care providers
during a public health emergency as declared by the governor
pursuant to W.S. 35-4-115(a)(i). If necessary during a declared
public health emergency, the state health officer may issue
temporary practice licenses to health care providers who are
retired, who have an inactive license or who are licensed in
another state without a valid Wyoming license pending action on
an application for issuance of a temporary license by the
appropriate licensing board pursuant to this subsection.
(c) All temporary health care provider licenses issued by
the state health officer under subsection (b) of this section
shall terminate automatically upon declaration by the governor,
pursuant to W.S. 35-4-115(a)(i), that the public health
emergency has ended.
(d) Any health care provider, person or entity shall be
immune from liability for damages in an action involving a
COVID-19 liability claim unless the person seeking damages
proves that the health care provider, person or entity took
actions that constitutes gross negligence or willful or wanton
misconduct. Nothing in this subsection shall be construed to
limit any other immunity available under law, including the
immunity provided in subsection (a) of this section. As used in
this subsection, "COVID-19 liability claim" means as defined by
W.S. 1-1-141(a)(iii).
(e) Any acts or omissions constituting the basis of a
COVID-19 liability claim as defined by W.S. 1-1-141(a)(iii)
shall be stated with particularity and shall be proven by clear
and convincing evidence.