The COVID Project
The record
- Jurisdiction
- Wyoming
- Level
- State
- Authority
- Wyo. Stat. Ann. Title 35, ch. 4, art. 1, div. 1
- Issued
- 2020-05-20 May 20, 2020
- Effective
- standing; (d)-(e) from 2021-04-06 (read as 2021-04-06)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Apr. 6, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding dutyOperating condition
- Addressees
- health care providers; persons generally; business entities
- Character
- liability shield condition
- Collection
- Standing duties: Wyoming DUT-WY
Operative words
any health care provider or other person, including a business entity, who in good faith follows the instructions of a state, city, town or county health officer or who acts in good faith in responding to the public health emergency is immune from any liability arising from complying with those instructions or acting in good faith
Penalty
None (a shield); the condition is good-faith compliance with health-officer instructions; the exception is gross negligence or willful or wanton misconduct
What it required
During a public health emergency declared by the Governor (35-4-115(a)(i); declared March 13, 2020 by Ex. WY-001 and in force to March 15, 2022), immunity from liability is conditioned on following in good faith 'the instructions of a state, city, town or county health officer' or acting in good faith in responding to the emergency, and does not extend to 'gross negligence or willful or wanton misconduct' (35-4-114(a)); from April 6, 2021, every 'COVID-19 liability claim' fails absent gross negligence or willful or wanton misconduct (35-4-114(d)), pleaded with particularity and proven by clear and convincing evidence (35-4-114(e)).
Retrieval noteThe quoted clause is preceded by 'During a public health emergency as defined by W.S. 35-4-115(a)(i) and subject to subsection (d) of this section,'. SEA 57 Section 2 reprinted subsection (a) in April 2021 and amended it only by that cross-reference (DUT-WY-009), which confirms that the business-entity and good-faith-response language was in force before April 6, 2021. 35-4-115(a)(i): 'The governor shall declare when a public health emergency exists or has ended'; (a)(ii)(B): 'Quarantine' includes 'The isolation of a geographic area'.