Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 7 - RULES OF PRACTICE AND PROCEDURE FOR THE CONDUCT OF DISCIPLINARY PROCEEDINGS AGAINST PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 7-5 - Informal interview

Current through July 13, 2024
(a) The
				interviewers shall investigate the allegations against the licensee of conduct
				that may violate the Act and, where circumstances warrant, conduct an informal
				interview.
(b) The interviewers may
				conduct the informal interview with or without assistance of the board
				prosecutor. If the licensee notifies the board of representation by counsel,
				the board prosecutor shall participate in the interview. Notice by the licensee
				of intent to be represented by counsel shall be sent to the board in
				writing.
(c) The interviewers are
				the agents and representatives of the board.
(d) The informal interview is to determine
				whether: the allegations may constitute a violation of the Act; a mental,
				physical, or medical skills or knowledge examination of the licensee is
				warranted; further investigation is warranted; additional charges should be
				brought; resolution of the complaint without further proceedings is possible;
				and, a contested case hearing should be pursued.
(e) The informal interview may be conducted
				by electronic means if the interviewers determine that the purpose of the
				interview can be achieved in such manner.
(f) The interviewers, board prosecutor,
				licensee and/or licensee's counsel may discuss stipulation, dismissal, the
				consent decrees, restrictions or any other pertinent procedural or substantive
				information.
(g) An electronic or
				stenographic record may be made and shall, if made, become part of the
				confidential files of the board.
(h) An informal interview is not subject to
				strict legal procedural or evidentiary rules. Informal interviews are not open
				to the public nor is their occurrence a matter of public record.
(i) If the alleged conduct is not within the
				Board's jurisdiction, or would not constitute a violation of the act, board
				staff shall provide the interviewers' reason(s) for the closure of the
				complaint to the officers at the next complaint screening. If the board
				officers agree that the case should be closed, board staff shall notify the
				complainant and the respondent, and the closure shall be noted on the ledger.
				If the board officers determine the complaint should not be closed, they may
				direct board staff to return the complaint to the interviewers with direction
				for next steps to be taken in investigating the complaint.
(j) If mental, physical competency or medical
				competency examinations are ordered by the officers, the results of any
				examinations shall be provided to the licensee and the interviewers prior to
				any further board action.
(k)
				Following notice by the interviewers of their intent to conduct an informal
				interview, the licensee may, at any time, waive the right to an informal
				interview. Waiver of the informal interview process must be made in writing,
				signed by the licensee, and his attorney if represented, and sent to the Board
				before the scheduled informal interview. A licensee's waiver of the informal
				interview process shall not, in and of itself, constitute grounds for
				additional charges of unprofessional conduct.
(l) Settlement or stipulation.
(i) Nothing in these rules shall preclude the
				licensee and interviewers or petitioners from entering into, at any time before
				the entry of a final order in a contested case hearing, a consent decree, nor
				shall these rules preclude a voluntary request by the licensee for the
				suspension, relinquishment or restriction of the licensee's license; provided,
				however, that the Board may, but is not required to, grant or reject such a
				request.
(ii) The reasons, grounds,
				conditions and other provisions of any such consent decree, voluntary
				relinquishment, suspension or restriction or other board action taken in lieu
				of a contested case hearing shall be recorded in the docket file and become a
				permanent part of the Board's confidential files; provided, however, that any
				action taken by the board constituting a final action shall be a public
				document as provided by the Act and the Board's rules.
(iii) Such consent decree or other action may
				occur at any time prior to the announcement of a final decision after a
				contested case hearing.