Administrative Rule Review Report  #AR10-006

Legislative Service Office

01-Feb-10

 

AGENCY:                                 Department of Health.

 

DATE SUBMITTED:                   January 15, 2010.

 

SUBJECT:                                 Chapter 1, Public Health Laboratory Testing Fees.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 35-1-229(a), 35-1-240(a)(ix).

 

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 2009 Budget Bill (2009 Wyo. Laws, Chapter 159, Section 48, ftn. 12) authorized the Public Health Laboratory to charge fees for laboratory testing to other state agencies, local law enforcement entities and other entities or organizations, for deposit into a special account pending legislative appropriation.  This new rule establishes a fee schedule for tests, previously paid for from general funds, that are commonly performed by the Public Health Laboratory.

 

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.

 

 

 

                                                            _______________________

                                                            Gerald W. Laska

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

GWL/