40-28-102. Medical digital innovation sandbox waiver; applicability of criminal statutes; referrals; civil liability. Note: this is effective as of 1/1/2020.

(a) Notwithstanding any other provision of law, a person who makes an innovative medical digital assessment product or service available to consumers in the medical digital innovation sandbox may be granted a waiver from specified requirements imposed by statute or rule, or portions thereof, if these statutes or rules do not currently permit the product or service to be made available to consumers. A waiver under this subsection shall be no broader than necessary to accomplish the purposes and standards set forth in this act, as determined by the department or the appropriate licensing board or authority under the chapters listed in this subsection. The statutes within the following chapters of title 33 of the Wyoming statutes, and the rules adopted under them, or portions thereof, may be waived by the department and the appropriate licensing boards or authorities, upon receipt and approval of an application made to the department pursuant to W.S. 40-28-103:

(i) Chapter 1, licensing generally;

(ii) Chapter 9, podiatrists;

(iii) Chapter 10, chiropractors;

(iv) Chapter 15, dentists and dental hygienists;

(v) Chapter 21, nurses;

(vi) Chapter 23, optometrists;

(vii) Chapter 25, physical therapists;

(viii) Chapter 26, physicians and surgeons;

(ix) Chapter 27, psychologists;

(x) Chapter 32, eye care practitioners;

(xi) Chapter 33, speech language pathologists and audiologists;

(xii) Chapter 34, clinical laboratories and blood banks;

(xiii) Chapter 35, hearing aid specialists;

(xiv) Chapter 36, emergency medical services;

(xv) Chapter 37, radiologic technologists;

(xvi) Chapter 40, occupational therapy;

(xvii) Chapter 43, respiratory care practitioners;

(xviii) Chapter 46, midwives;

(xix) Chapter 47, dietetics.

(b) A person who makes an innovative medical digital assessment product or service available to consumers in the medical digital innovation sandbox is:

(i) Not immune from civil damages for acts and omissions relating to this act; and

(ii) Subject to all criminal laws.

(c) The department may refer suspected violations of law relating to this act to appropriate state or federal agencies for investigation, prosecution, civil penalties and other appropriate enforcement actions.