Administrative Rule Review Report  #AR09-071

Legislative Service Office

24-Nov-09

AGENCY: Department of Health.

DATE SUBMITTED: November 13, 2009.

SUBJECT: Chapters 15 through 18, Wyoming Colorectal Cancer Screening Program.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 35-25-203(j).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:        The Wyoming  Cancer Control Act, W.S. 35-25-201 through 206, directs the Department of Health to administer a cancer control plan and program, including a colorectal cancer screening program for residents with income below 250% of the federal poverty level.  The Department adopted initial rules implementing the program in November, 2007.  These amendments to the existing rules:

• Change the name of the program from the "Wyoming Colorectal Cancer Early Detection Program" to "Wyoming Colorectal Cancer Screening Program";

• Authorize screening of persons before age 50 if a health care provider orders early screening;

• Remove the detailed description of procedures included as part of a colonoscopy and instead reference procedure codes identified on the Department's website;

• Clarify the data elements reportable by health care providers to the Department, as well as data reportable by the Department to the Legislature.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda G. Cook

Staff Attorney