HB0143

Prohibits state agencies and boards from discriminating against health care providers based on their speech and expression protected by the First Amendment and Wyoming Constitution, and establishes civil remedies and notice requirements.

• Defines 'discrimination' to include adverse actions against health care providers such as denial, revocation, or suspension of licenses, reprimands resulting in disciplinary action, reduction in pay or rank, loss of privileges, or termination of employment, as well as threats of such actions. (W.S. 35-34-102(a)(i))
• Defines 'health care provider' broadly to include physicians, nurses, pharmacists, mental health professionals, hospital and clinic employees, medical school faculty and students, social workers, physical therapists, and any other person participating in health care service delivery. (W.S. 35-34-102(a)(ii))
• Defines 'health care service' to encompass medical research, testing, diagnosis, prescribing medication, mental health therapy, physical therapy, surgery, medical record-keeping, and any other medical care or service provided by health care providers. (W.S. 35-34-102(a)(iii))
• Prohibits state agencies from discriminating against health care providers for engaging in speech, expression, or association protected by the First Amendment and Wyoming Constitution, unless the agency demonstrates by clear and convincing evidence that the provider's speech was the direct and proximate cause of physical or mental harm to a patient within a three-year period. (W.S. 35-34-103(a))
• Prevents state agencies from contracting with or requiring licensure from any board or agency that has previously discriminated against a health care provider for engaging in constitutionally protected speech, unless the speech constituted medical advice to a specific patient. (W.S. 35-34-103(b))
• Requires state agencies to notify health care providers within 14 days of receiving complaints or actions seeking suspension or revocation of licensure based on constitutionally protected speech or expression, with penalties of $500 per week for non-compliance. (W.S. 35-34-103(c))
• Allows health care providers to bring civil actions against state agencies for damages, injunctive relief, or both, with courts authorized to award reasonable costs including attorney's fees to prevailing providers.