7-2-101;

7-2-101;

(iii) "Resource data" means data relating to land or land use, including but not limited to data regarding agriculture, minerals, geology, history, cultural artifacts, archeology, air, water, soil, conservation, habitat, vegetation or animal species. "Resource data" does not include data:

(A) For surveying to determine property boundaries or the location of survey monuments;

(B) Used by a state or local governmental entity to assess property values;

(C) Collected or intended to be collected by a peace officer while engaged in the lawful performance of his official duties.

CHAPTER 28 - MEDICAL DIGITAL INNOVATION SANDBOX ACT

40-28-101. Short title; definitions.

(a) This act may be cited as the "Medical Digital Innovation Sandbox Act".

(b) As used in this act:  (i) "Department" means the department of health;

(ii) "Sandbox" means a time limited test environment or program in which innovative technologies, products or services may be developed or explored and made available to consumers prior to general authorized use or deployment;

(iii) "Sandbox period" means the period of time, initially not longer than twenty-four (24) months, in which the department or the appropriate licensing board or authority has authorized an innovative medical digital assessment product or service to be made available to consumers. The sandbox period shall also encompass any extension granted under W.S. 40-28-107;

(iv) "This act" means W.S. 40-28-101 through 40-28- 108.

40-28-102. Medical digital innovation sandbox waiver; applicability of criminal statutes; referrals; civil liability.

(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.

40-28-103. Medical digital innovation sandbox application; standards for approval; consumer protection bond.  (a) A person shall apply to the department to make an innovative medical digital assessment product or service available to consumers in the medical digital innovation sandbox, based on the licensing board or authority that administers the statute or rule, or portion thereof, for which a waiver is sought. If an application is filed with a licensing board or authority that does not administer the statute or rule for which a waiver is sought, the receiving board or authority shall forward the application to the correct board or authority. The person shall specify in an application the statutory or rule requirements for which a waiver is sought and the reasons why these requirements prohibit the innovative medical digital assessment product or service from being made available to consumers. The application shall also contain the elements required for authorization which are set forth in subsection (f) of this section. The department shall, by rule, prescribe a method of application.

(b) A business entity making an application under this section shall be a domestic corporation or other organized domestic entity with a physical presence, other than that of a registered office or agent, in Wyoming.

(c) Before an employee applies on behalf of an institution, firm or other entity intending to make an innovative medical digital assessment product or service available through the medical digital innovation sandbox, the employee shall obtain the consent of the institution, firm or entity before filing an application under this section.

(d) The individual filing an application under this section and the individuals who are substantially involved in the development, operation or management of the innovative medical digital assessment product or service shall, if requested by the department as a condition of the application, submit to a criminal history background check pursuant to W.S.