Administrative Rule Review Report  #AR08-033

Legislative Service Office

21-Apr-08

AGENCY: Department of Health.

DATE SUBMITTED: April 18, 2008.

SUBJECT: Chapter 3, Prescription Drug Technical Assistance Program.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 9-2-102(a)(vii), 9-2-124.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:   Apparently complete to date.   Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d). No comments have been received to date.

SUMMARY OF RULES:       The Wyoming Legislature in 2003 (SF35/Ch.85) enacted W.S. 9-2-124, which created a prescription drug consumer information and technical assistance program with the Department of Health.  The program is intended to provide residents with advice on the prudent use of prescription drugs, including adverse interactions, and the availability of governmental and private prescription drug payment assistance programs.  These new rules implement that program by providing:

· Applicable definitions;

· Client application procedures;

· Substantive matters included in the consultation services provided;

· HIPAA disclosure provisions;

· A $5.00 client participation fee.

FINDINGS:     The rules impose a client participation fee that does not appear to be authorized by statute.  Administrative agencies have only those powers that are expressly granted by statute.  State v. Bannon Energy Corp., 2000 WY 54, ¶17, 999P.2d 1306.  The rules otherwise appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:        With respect to the client participation fee, it is recommended that the Council recommend that the Governor use his line item veto authority under W.S. 16-3-103(d) to veto Section 10(a)(ii) of the rule.  Otherwise, it is recommended that the rules be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/