§ 9-4-1204 — Tobacco settlement funds; reduction of tobacco use

(a) Using a science and experience based approach, the
department of health shall develop and implement comprehensive
tobacco prevention, cessation and treatment programs for
Wyoming. These programs shall include peer reviewed science
based educational materials on tobacco harm reduction and the
comparative risks of alternative nicotine products, vapor
products, smokeless tobacco products, cigarettes and other
combustible tobacco products. The program should be tailored to
provide the most cost effective reduction of tobacco related
problems based on available funds for each year.
(b) The department may contract with a third party to
develop and implement any part of the program authorized by
subsection (a) of this section. Any contract awarded under this
subsection shall be awarded on the basis of competitive bids and
shall include specific requirements relating to outcome-based
evaluations.
(c) The department may solicit proposals for grants under
this section by publication of a request for proposals. Grant
recipients under this section may include local governments,
community-based organizations, schools and other organizations
as appropriate. Any request for proposal used during the
competitive grant process shall include specific requirements
relating to outcome-based evaluation of the grant recipient's
performance.
(d) The department shall make every reasonable effort to
collaborate and coordinate with other entities of state and
local governments and other organizations to assure maximum
leveraging of resources, including people and money. The
department shall coordinate with those responsible for
controlling the abuse of alcohol and other substances, juvenile
delinquency and violence.
(e) The department shall give priority to the following
programs in regard to tobacco use in the state:
(i) Comprehensive community based programs;
(ii) Public education, including use of media
campaigns;
(iii) Youth involvement programs;
(iv) School and early childhood programs;
(v) Enforcement of laws related to access to tobacco
products by minors;
(vi) Programs to promote the cessation of tobacco
use;
(vii) Programs for the treatment of tobacco related
diseases.
(f) Any monies appropriated to the department under
subsection (g) of this section, after implementing subsections
(a) through (e) of this section, shall be used to resolve other
health issues of the people of the state of Wyoming.
(g) Subject to appropriation by the legislature, the
department shall use funds from the income account established
under W.S. 9-4-1203(b) to implement the purposes of this
section.
(h) The department shall adopt reasonable rules and
regulations in accordance with the Wyoming Administrative
Procedure Act to assure a long-range program to accomplish a
healthier citizenry.
(j) Repealed by Laws 2015, ch. 59, § 2.
(k) As used in this section:
(i) "Alternative nicotine product" means any
noncombustible product containing nicotine that is intended for
human consumption, whether chewed, absorbed, dissolved or
ingested by any other means. "Alternative nicotine product,"
does not include any vapor product, tobacco product, cigarettes,
smokeless tobacco product or any product regulated as a drug or
device by the United States food and drug administration under
subchapter V of the Food, Drug and Cosmetic Act;
(ii) "Smokeless tobacco product" means any tobacco
product that consists of cut, ground, powdered or leaf tobacco
that is intended to be placed in the oral or nasal cavity;
(iii) "Tobacco product" means any product that
contains tobacco and is intended for human consumption, but not
including an alternative nicotine product or vapor product;
(iv) "Vapor product" means any noncombustible product
containing nicotine that employs a heating element, power
source, electronic circuit or other electronic, chemical or
mechanical means, regardless of shape or size, that can be used
to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product
or device including any vapor cartridge or other container of
nicotine in a solution or other form that is intended to be used
with or in an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe or similar product or device. "Vapor
product" does not include any product regulated as a drug or
device by the United States food and drug administration under
subchapter V of the Food, Drug and Cosmetic Act.