reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 10 - MISCELLANEOUS › Section 10-2 - Standards of practice for medications

Current through July 13, 2024
(a) A physical
				therapist may purchase, store, and administer topical medications, including
				topical aerosol medications, as part of the practice of physical therapy. A
				physical therapist shall comply with any protocols of the United States
				pharmacopoeia for storage of medications.
(b) A valid order or prescription for
				medication classified as a legend drug is needed before administration to a
				patient. Physical therapy facilities must work with a pharmacist to assist with
				proper protocols for storage of medications. A record of dosage form, quantity,
				and strength of medication administered to each patient is required in the
				medical record.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSE OR CERTIFICATE MATTERS › Section 11-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
										33-25-104(a)(iv) and 16-3-103(j)(i).
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSE OR CERTIFICATE MATTERS › Section 11-2 - Application Review

Current through July 13, 2024
(a) Assigning
				Application Review Committee (ARC).
(i) Board
				staff shall review all applications for a license or certificate.
(ii) When Board staff determines that there
				may be grounds to deny a license or certificate, or approve a license or
				certificate subject to discipline or restrictions, Board staff shall refer the
				application to an ARC.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSE OR CERTIFICATE MATTERS › Section 11-3 - Hearing Procedure

Current through July 13, 2024
(a) Upon
				receiving a written request for a hearing from an applicant, the Board or a
				hearing officer appointed by the Board shall begin a contested case proceeding.
				Board staff or the hearing officer shall serve a Notice of Hearing on the
				applicant at least thirty (30) days before the hearing. The Notice of Hearing
				shall contain:
(i) A brief statement of the
				matters asserted, including:
(A) The ARC's
				recommendation;
(B) The facts upon
				which the recommendation is based; and
(C) The statutory provisions or Board rules
				the applicant is alleged to have violated or failed to meet to qualify for
				licensure or certification.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
										33-25-104(a)(iv) and 16-3-103(j)(i).
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-2

Current through July 13, 2024
In addition to the grounds identified in Wyoming Statute33-25-11, the Board may take disciplinary action for the following:
(a) Engaging in or soliciting any intimate,
				sexual, or otherwise exploitive behavior relationships, whether consensual or
				non-consensual, with a patient throughout the existence of a patient while a
				physical therapist/patient or physical therapist assistant/patient relationship
				exists;
(b) Making sexual advances,
				either verbally or physically;
(c)
				Requesting sexual favors;
(d)
				Failing to obtain, document and maintain informed consent for any procedure
				which may be deemed "sexual" by a reasonable person;
(e) Engaging in any verbal or physical
				conduct which:
(i) Deviates from generally
				accepted and prevailing practices for any given patient care
				situation;
(ii) Violates
				professional boundaries;
(iii)
				Exploits the trust of a patient by performing a procedure or technique on the
				patient for which there is no clinically valid reason;
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-3 - Complaint Review and Disciplinary Investigation

Current through July 13, 2024
(a) Complaints
				that a licensee has violated the Board's practice act or the Board's rules
				shall be submitted to the Board's office. Board staff may initiate
				complaints.
(b) After receiving a
				complaint or initiating a complaint, Board staff shall assign the complaint to
				an Investigation Committee (IC) for investigation.
(c) After reviewing and investigating the
				complaint, the IC may recommend that the Board:
(i) Dismiss the complaint;
(ii) Summarily suspend a license or
				certificate;
(iii) Approve a
				settlement agreement; or
(iv)
				Discipline the license or certificate holder, including revocation, suspension,
				restriction, condition, or reprimand.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-4 - Summary Suspension

Current through July 13, 2024
(a) An IC may
				recommend that the Board summarily suspend a license or certificate at any time
				when the IC or Board staff believes that the license or certificate holder's
				continued practice imperatively requires emergency action to protect the public
				health, safety, or welfare.
(b) The
				IC shall notify the license or certificate holder of its intent to recommend
				summary suspension. The Notice of Intent shall contain:
(i) A copy of the complaint, if
				any;
(ii) A description of the
				grounds for the summary suspension recommendation; and
(iii) Notice that an expedited summary
				suspension proceeding shall be set at the earliest opportunity a quorum of
				Board members may be assembled.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-5 - Surrender in Lieu of Discipline and Licenses or Certificates Issued in Error

Current through July 13, 2024
(a) A license
				or certificate holder may petition the Board, in writing, to voluntarily
				surrender a license or certificate in lieu of discipline.
(i) The IC shall recommend that the Board
				approve or deny the petition.
(ii)
				The Board may approve or deny the petition.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-6 - Hearing Procedure

Current through July 13, 2024
(a) There shall
				be a presumption of lawful service of a Notice of Intent, Petition, Notice of
				Hearing, or any other communication required by these rules if sent by U.S.
				mail to the address the license or certificate holder most recently supplied to
				the Board.
(b) The IC shall notify
				the license or certificate holder of its intent to file a petition for
				disciplinary action. The Notice of Intent shall:
(i) Include a brief description of the facts
				or conduct that warrant the intended action;
(ii) Include a description of the nature of
				the discipline the IC intends to seek; and
(iii) Provide the license or certificate
				holder no less than thirty (30) days to show that the license or certificate
				holder has complied with all lawful license or certificate
				requirements.
Wyoming Administrative Code › Agency 062 - Physical Therapy, Board of › Sub-Agency 0001 - Physical Therapy, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 12-7 - Petition for Modifying Conditions or Restrictions

Current through July 13, 2024
(a) A license
				or certificate holder may petition the Board to modify any conditions or
				restrictions on his or her license or certificate. The license or certificate
				holder shall submit a written petition for modification to the Board office.
				The petition for modification shall include evidence demonstrating:
(i) Compliance with all previously entered
				Board orders;
(ii) That the
				modification is consistent with any treatment plan or medical orders, if
				applicable; and
(iii) That the
				modification will ensure the public is adequately protected.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 1 - GENERAL › Section 1-2 - Definitions

Current through July 13, 2024
As used in these rules, the following terms shall have the
				  meanings set forth unless the context or subject matter clearly requires a
				  different interpretation.
(a) "Act"
				means W.S. §
									33-9-101 through
				33-9-114.
(b) "APMA" means the American Podiatric
				Medical Association.
(c) "ARC"
				means Application Review Committee.
(d) "ASPMA" means the American Society of
				Podiatric Medical Assistants.
(e)
				"Board" means the Board of Registration in Podiatry.
(f) "CPME" means Council on Podiatric Medical
				Education.
(g) "IC" means
				Investigative Committee, which may consist of one or more Board
				members.
(h) "Podiatrist" means any
				licensed person who practices podiatric medicine.
(i) "JCAHO" means the Joint Commission on
				Accreditation of Healthcare Organizations.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 1 - GENERAL › Section 1-4 - Board Meetings

Current through July 13, 2024
(a) The Board shall
				have a regular meeting annually on the second Wednesday of May.
(b) The Board shall meet as necessary at the
				time and place designated by the Board president.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 1 - GENERAL › Section 1-5 - Change of Name, Address or phone number

Current through July 13, 2024
Each applicant and licensee shall notify the Board in writing
				  of any change to their legal name, home address, business address, e-mail
				  address, or telephone number within thirty (30) days of the
				  change.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 1 - GENERAL › Section 1-6 - Verification of Licensure to Another Jurisdiction

Current through July 13, 2024
Upon receipt of a written request for verification of
				  licensure and the required administrative fee, the Board shall provide the
				  information to the jurisdiction specified by the licensee.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 1 - GENERAL › Section 1-7 - Incorporation by Reference

Current through July 13, 2024
(a) The Board
				hereby incorporates by reference the following uniform rules:
(i) Chapter 2 - Uniform Procedures, Fees,
				Costs and Charges for Inspecting, Copying and Producing Public Records adopted
				by the Department of Administration and Information and effective on September
				6, 2016, found at
http://podiatry.wyo.gov
.
(ii) Chapter 2 - Uniform Rules for Contested
				Case Practice and Procedure, adopted by the Office of Administrative Hearings
				and effective on July 20, 2017, found at:
http://podiatry.wyo.gov
.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-1 - Authority

Current through July 13, 2024
These rules are promulgated under the Board's authority to
				  establish the requirements and procedures for licensure pursuant to Wyoming
				  Statute 33-9-104, 105, 107, and
				  111.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-2 - Application Status

Current through July 13, 2024
(a) For those
				applicants seeking licensure, all requirements shall be met during the
				timeframe identified immediately prior to submitting a completed
				application.
(b) Applications shall
				be deemed "complete" when all necessary documentation has been received by the
				Board office.
(c) Applications
				shall expire one (1) year after submission. If an application expires, an
				applicant shall submit a new application, including payment of fee.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-3 - Jurisprudence Examination

Current through July 13, 2024
(a) Every applicant
				shall be required to take the jurisprudence exam as part of their application
				for licensure.
(b) To successfully
				pass the jurisprudence examination, the applicant shall score at least
				80%.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-4 - Initial Licensure by Education and Examination

Current through July 13, 2024
(a) Eligibility. An
				applicant may seek initial licensure if the applicant is not currently licensed
				to practice in another jurisdiction and if the applicant has never been
				licensed in Wyoming.
(b)
				Application Requirements. Each applicant for licensure shall:
(i) Submit a completed initial
				application;
(ii) Pay the
				applicable fee;
(iii) Have an
				official transcript from a school of podiatry accredited by CPME, or its
				successor, that reflects the award of a Doctor of Podiatric Medicine degree
				sent directly from the school to the Board office;
(iv) Have a letter verifying successful
				completion of a residency program approved by the CPME, or its successor, sent
				directly from the program to the Board office;
(v) Have a passing score verification for
				parts one (1), two (2), and three (3) of the examination from the National
				Board of Podiatric Medical Examiners or its successor sent directly to the
				Board office; and
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-5 - License by Reciprocity

Current through July 13, 2024
(a) Eligibility. An
				applicant may seek licensure by reciprocity if the applicant is currently
				licensed to practice in another jurisdiction with licensure requirements as
				stringent as Wyoming, has held that license for at least one (1) year, and can
				present satisfactory proof of endorsement from that jurisdiction. Satisfactory
				proof of endorsement shall mean a license in good standing without restriction,
				condition, or other disciplinary action.
(b) Application Requirements. Each applicant
				for licensure by reciprocity shall:
(i)
				Submit a completed application;
(ii) Pay the applicable fee; and
(iii) Have an official verification of a
				license or certificate in good standing sent directly to the Board office from
				all jurisdictions where the applicant holds a current license and has held that
				license for at least one (1) year.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-6 - License Renewal

Current through July 13, 2024
(a) All licenses
				issued by the Board shall expire on July 1.
(b) Renewal Procedure. Each licensee seeking
				to renew his or her license shall:
(i) Submit
				a completed renewal application that must be postmarked no later than July
				1.
(ii) Pay the applicable fee;
				and
(iii) In even numbered years,
				submit verification of forty (40) hours of continuing education that complies
				with Section
				7.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-7 - Continuing Education Requirements

Current through July 13, 2024
(a) Initial
				Renewal. A licensee shall be exempt from the continuing education requirement
				for the first renewal after being issued an initial license.
(b) Continuing Education Requirements. A
				licensee shall complete a minimum of forty (40) hours of continuing education
				every two (2) years to renew a license. Three (3) of the required forty (40)
				hours of continuing education shall be related to the responsible prescribing
				of controlled substances. All continuing education hours shall be earned within
				two (2) years prior to the license expiration date. There shall be no carryover
				of hours from one renewal period to another.
(c) Continuing Education Content. The content
				of continuing education shall relate to the scope of practice of podiatry as
				defined in
				W.S.
				33-9-101(a)(i). Appropriate
				content includes, but is not limited to the following:
(i) Clinical medicine and surgery
				topics;
(ii) Risk management
				associated with patient care (e.g., understanding of and proper documentation
				of complications, effective communication with patients, and informed
				consent);
(iii) Medical and
				professional ethics;
(iv) Public
				health; and
(v) Epidemiology and
				related issues.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-8 - Failure to Timely Renew

Current through July 13, 2024
(a) Unlicensed
				Practice. Failure to timely renew may subject the licensee to disciplinary
				action for unlicensed practice.
(b)
				Administrative Grace Period.
(i) The
				administrative grace period shall be from July 1 to October 1
				annually.
(ii) A licensee who
				failed to timely renew may apply for renewal during the administrative grace
				period. However, the licensee shall not practice until the Board issues his or
				her license.
(iii) On or before
				October 1, a licensee who failed to timely renew shall:
(A) Submit a completed renewal application
				postmarked no later than October 1;
(B) Pay the applicable fee; and
(C) In even numbered years, submit
				verification of completion of forty (40) hours of continuing education that
				complies with Section
				7.
(iv) On October 2, any license not renewed
				during the administrative grace period shall be revoked. If a license is
				revoked under this section, the podiatrist shall apply for
				relicensure.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-9 - Relicensure

Current through July 13, 2024
(a) Eligibility. An
				applicant may seek relicensure if the applicant has been licensed in Wyoming
				and allowed his or her license to be revoked due to failure to timely
				renew.
(b) Application
				Requirements. Applicant shall:
(i) Submit a
				completed relicensure application;
(ii) Pay the applicable fee; and
(iii) Submit evidence of completion of forty
				(40) hours of CE for every two (2) years since the last license renewal that
				complies with Section
				7. The total number of CE hours will be
				determined pro rata on a case-by-case basis.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 2 - LICENSE REQUIREMENTS, APPLICATION PROCESS, AND PROCEDURE › Section 2-10 - Reinstatement

Current through July 13, 2024
(a) Eligibility. An
				applicant may seek reinstatement if the applicant's Wyoming license has been
				revoked or surrendered.
(b)
				Application Requirements. Applicant shall:
(i)
				Submit a completed reinstatement application;
(ii) Pay the applicable fee;
(iii) Submit evidence of complying with the
				requirements of a previous Board order; if applicable;
(iv) Submit evidence of the applicant's
				ability to safely skillfully, and competently practice;
(v) Submit evidence of completion of forty
				(40) hours of continuing education for every two (2) years since the last
				license was active that complies with Section
				7. The total number of CE hours shall be
				determined pro rata on a case-by-case basis; and
(vi) Submit evidence demonstrating just cause
				for reinstatement.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 3 - FEES › Section 3-1 - Authority

Current through July 13, 2024
These rules are adopted promulgated under the Board's
				  authority in Wyoming Statute
				  33-9-104, 105, 107, 111, and
				  114.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 3 - FEES › Section 3-2 - General Information

Current through July 13, 2024
(a) Fees shall be
				payable in the exact amount, by personal check, money order, or cashier's check
				for all services and shall be paid in advance of the services
				rendered.
(b) All fees collected by
				the Board are non-refundable.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 3 - FEES › Section 3-3 - Fees

Current through July 13, 2024
Services for which the Board charges a fee shall
				  include:
(a)
Application Fees
(i) Podiatrist License
$800.00
(ii) Podiatric Assistant Certificate
$50.00
(b)
License Renewal Fee
$400.00
(c)
Duplicate Wall Certificate
$25.00
(d)
Verification of License
$25.00
(e)
Transfer of Podiatric Assistant
						  Certificate
$20.00
(f)
Re-Licensure
$450.00
(g)
Reinstatement
$500.00
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 4 - STANDARDS OF PRACTICE › Section 4-2 - Code of Ethics

Current through July 13, 2024
(a) The failure of
				a licensee to abide by the ethical standards adopted by the Board shall
				constitute unprofessional conduct and grounds for disciplinary
				action.
(b) Licensees shall:
(i) Practice in a manner that is in the best
				interest of the public and does not endanger the public health, safety, or
				welfare;
(ii) Not perform any
				procedure in the course of a patient's care beyond the licensee's training and
				competence;
(iii) Be able to
				justify all services rendered to patients as necessary for diagnostic or
				therapeutic purposes;
(iv) Report
				to the Board known or suspected violations of the laws and regulations
				governing the practice of podiatrists in Wyoming;
(v) Provide patients with accurate and
				complete information regarding the extent and nature of services available to
				them;
(vi) Respect the privacy of
				patients and hold in confidence all information obtained in the course of
				professional service;
(vii)
				Disclose patient records to others only with the expressed written consent of
				the patient or as required by law;
(viii) Refrain from engaging in sexual
				intimacies with a patient during the course of patient care;
(ix) When advertising their services to the
				public, ensure that such advertising is neither fraudulent nor
				misleading;
(x) Not practice,
				facilitate or condone discrimination on the basis of race, sex, sexual
				orientation, age, religion, nation of origin, marital status, political belief,
				mental or physical handicap or other preferences or characteristics;
(xi) Not aid or abet in the practice of
				podiatry by any person not licensed to practice podiatry or any person whose
				license to practice podiatry is suspended;
(xii) Not administer, dispense, or prescribe
				any controlled substance other than in the course of legitimate professional
				practice; and
(xiii) Not commit any
				crime that relates adversely to the practice of podiatry or the ability to
				practice podiatry.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-1 - Statement of Purpose and Authority

Current through July 13, 2024
These rules are adopted under the Board's authority granted
				  by Wyoming Statute
										33-9-110 and
				  16-3-107
				  through -115 to:
(a) Conduct
				investigations, hearings, and proceedings concerning:
(i) Actions relating to an application for
				initial licensure, renewal, relicensure, or reinstatement of a
				license;
(ii) Petitions for
				modification of conditions or restrictions imposed upon a license; or
(iii) Alleged violations of the Act and/or
				the Board's rules
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-2 - Grounds for Discipline

Current through July 13, 2024
The Board may take disciplinary action or refuse to issue or
				  renew a license for any one (1) or more of the following acts or
				  conduct:
(a) Violations of the Act or
				Board rules;
(b) Violation of the
				Code of Ethics as defined in Chapter 4, Section
				3.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-3 - Application Review and Investigation Process

Current through July 13, 2024
(a) Application
				review. In application matters:
(i) Every
				application for a license issued by the Board shall be subject to investigation
				to determine whether the requirements set forth in the Act and Board rules are
				satisfied;
(ii) If any application,
				including renewals, reveals any information which merits further investigation,
				the matter shall be assigned to the ARC.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-4 - Petition for Modification of Conditions or Restrictions

Current through July 13, 2024
(a) Petition for Modification of Conditions
				or Restrictions.
(i) A licensee may petition
				the Board for modification of the conditions or restrictions imposed upon their
				license.
(ii) A licensee shall
				submit a petition for modification to the Board office in writing, which shall
				include documentation demonstrating compliance with a previously entered Board
				order, the modification is consistent with their treatment plan if applicable,
				and the modification is sufficient to ensure the public is adequately
				protected.
(iii) A petition for
				modification shall be reviewed by the IC.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-5 - Complaint Review and Investigation Process

Current through July 13, 2024
(a) Complaint
				Review. Every complaint submitted to the Board or initiated by Board staff
				shall be investigated by an IC.
(b)
				IC Action. The IC may recommend:
(i)
				Dismissal of a complaint;
(ii)
				Issuance of an advisory or warning letter;
(iii) Approval of a settlement agreement
				which may include voluntary surrender, revocation, suspension, imposition of
				restrictions or conditions, reprimand or other discipline;
(iv) Disciplinary action against the licensee
				including revocation, suspension, reprimand, restrictions or conditions, or
				other discipline, or a combination thereof; or
(v) Summary suspension
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-6 - Voluntary Surrender

Current through July 13, 2024
(a) A licensee may
				petition the Board, in writing, to voluntarily surrender their license in lieu
				of discipline.
(b) The Board shall
				consider the petition at its earliest convenience.
(c) The Board may consider whether the
				licensee is under investigation and may accept or reject the
				petition.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-7 - Voluntary Surrender

Current through July 13, 2024
(a) Recommendation.
				If the IC recommends summary suspension, the Board shall hold a meeting to
				consider whether the public health, safety or welfare imperatively requires
				emergency action.
(b) Notice of
				Intent to Recommend Summary Suspension.
(i)
				The IC shall notify the licensee of its intent to recommend summary
				suspension;
(ii) The notice of
				intent shall contain:
(A) Copy of the
				complaint; and
(B) Notice that a
				meeting to consider the IC's recommendation for summary suspension shall be set
				at the earliest opportunity a quorum of Board members may be
				assembled.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-8 - Formal Proceedings for Disciplinary Action

Current through July 13, 2024
(a) Notice of
				Intent to Recommend Disciplinary Action.
(i)
				The IC shall notify the licensee of its intent to recommend disciplinary
				action.
(ii) The notice of intent
				shall:
(A) Include a brief description of the
				facts or conduct that warrant the intended action; and
(B) Provide the licensee an opportunity to
				show compliance or respond to the allegations for disciplinary action within
				fifteen (15) days of the date of mailing
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-9 - Notice of Hearing

Current through July 13, 2024
(a) Timing. Board
				staff shall serve a notice of hearing upon an applicant or licensee at least
				(30) days prior to the hearing.
(b)
				Notice of Hearing. The notice of hearing shall contain:
(i) The name and last address of the
				applicant or licensee;
(ii) A brief
				statement of the matters asserted:
(A) In
				application matters, the recommendation, the facts upon which the
				recommendation is based, and the statutory provisions or Board rules the
				applicant is alleged to have violated; or
(B) In disciplinary matters, the nature of
				the petition, the facts upon which the petition is based, and the statutory
				provisions or Board rules the licensee is alleged to have violated;
(iii) The time, place, and nature of the
				hearing;
(iv) The legal authority
				and jurisdiction; and
(v) A
				statement indicating that:
(A) The applicant's
				failure to appear at a noticed hearing or pursue proceedings may result in a
				dismissal; or
(B) The licensee's
				failure to answer the allegations contained in the petition within twenty (20)
				days of the date of mailing and failure to appear at a noticed hearing may
				result in a default judgment.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-10 - Lawful Service

Current through July 13, 2024
There shall be a presumption of lawful service of a petition,
				  notice of hearing, or any other communication required by these Board Rules if
				  sent to the last known address of the licensee or applicant by regular
				  mail.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-11 - Dismissal or Default

Current through July 13, 2024
(a) The Board may
				dismiss an application where the applicant or the applicant's representative
				has not requested a hearing or appeared at a noticed hearing.
(b) The Board may enter an order of default
				judgment based on the allegations contained in the petition in any case where
				the licensee or the licensee's representative has not answered the allegations
				contained in the petition and has not appeared at a noticed hearing.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-12 - Contested Case Process

Current through July 13, 2024
(a) The hearing
				officer shall preside over the formal contested case hearing which shall be
				conducted pursuant to the WAPA and the Office of Administrative Hearings rules
				concerning contested case proceedings as adopted in Chapter 1.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-13 - Burden and Standard of Proof

Current through July 13, 2024
(a) Application
				Matters. The applicant shall bear the burden to prove by a preponderance of the
				evidence, that he or she meets the qualifications for licensure. The burden
				shall shift to the ARC to prove by clear and convincing evidence, that the
				applicant should be denied a license. The burden shall shift back to the
				applicant to persuade the Board that the ARC's grounds for denial or issuance
				of a license subject to conditions or restrictions are insufficient.
(b) Petition for Modification Matters. The
				licensee shall bear the burden to prove by a preponderance of evidence that the
				petition for modification of conditions should be granted.
(c) Disciplinary Matters. The IC shall bear
				the burden to prove by clear and convincing evidence that the licensee violated
				the Act, Board Rules, or both.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-14 - Board Decision and Order

Current through July 13, 2024
(a) Board Action.
				The Board may resolve a complaint, application matter, complaint, or petition
				by:
(i) Approving the recommendations of the
				IC or ARC;
(ii) Ruling in favor of
				a party on a dispositive motion; or
(iii) Conducting a contested case hearing.
				Following the hearing and deliberation of all evidence admitted at a contested
				case hearing, the Board may:
(A) Issue,
				renew, relicense, or reinstate a license;
(B) Issue, renew, relicense, or reinstate a
				license subject to advisory, conditions, restrictions, or other disciplinary
				action;
(C) Deny a license,
				renewal, relicensure, or reinstatement;
(D) Approve or deny a petition for
				modification of conditions or restrictions;
(E) Dismiss the complaint or
				petition;
(F) Dismiss the complaint
				or petition with an advisory or warning letter;
(G) Impose a reprimand, conditions,
				restrictions, suspension revocation, other discipline, or a combination
				thereof.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 5 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS › Section 5-15 - Judicial Review

Current through July 13, 2024
(a) Appeals from
				decisions of the Board are governed by the WAPA and the Wyoming Rules of
				Appellate Procedure.
(b) Costs of
				transcripts and any reasonable costs assessed by the Board regarding the record
				on appeal shall be borne by the party making the appeal.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-1 - Letter of Intent and Opportunity to Show Compliance

Current through July 13, 2024
(a)
				Prior to filing a Petition and Complaint seeking disciplinary action against a
				licensee, the investigative Board member, in conjunction with the prosecuting
				attorney assigned to the Board by the Attorney General's Office, shall mail the
				licensee a Letter of Intent setting forth the facts or conduct which warrant
				the intended disciplinary action.
(b) The Letter of Intent shall provide the
				licensee an opportunity to demonstrate compliance with all lawful requirements
				for retention of his/her license. The licensee shall have fifteen (15) days
				from the date of mailing the Letter of Intent to provide a written
				response.
(c) The Letter of Intent
				shall be mailed to the licensee's last known address.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-2 - Service of Notice and Formal Complaint

Current through July 13, 2024
(a) Notice of
				Hearing and the Petition and Complaint shall be served by mail or personal
				service at least twenty (20) days prior to the date set for hearing.
(b) There shall be a presumption of lawful
				service when the Notice of Hearing and Petition and Complaint are:
(i) Sent to the last known address of the
				licensee by certified mail return receipt requested; and
(ii) Returned, marked undelivered, unclaimed
				or refused.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-3 - Filing of Hearing Notice and Formal Complaint

Current through July 13, 2024
(a) Formal
				proceedings for board disciplinary action against a licensee shall be commenced
				by the filing of a Petition and Complaint and Notice of Hearing signed by the
				investigative Board member, board staff or prosecuting attorney assigned to the
				Board by the Attorney General's Office.
(b) The Notice of Hearing shall contain the
				following information:
(i) Date, time and
				address for the hearing;
(ii) The
				nature of the hearing with a concise and ordinary statement setting for the
				facts upon which the underlying complaint is based as well as the applicable
				statutory and regulatory provision(s) involved;
(iii) The Board's jurisdictional authority to
				hear the case;
(iv) Failure to
				respond to the Petition and Complaint within twenty (20) days may result in the
				entry of a default judgment;
(v)
				The licensee may represent himself/herself at the hearing or be represented by
				any attorney authorized to practice law in the state of Wyoming.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-4 - Petition and Complaint

Current through July 13, 2024
(a) The Petition
				and Complaint filed in any disciplinary matter shall include the factual basis
				for which disciplinary action is sought and specific citations to the statutory
				and regulatory provisions deemed applicable by the investigative Board member
				and the prosecuting attorney assigned to the Board by the Wyoming Attorney
				General's office.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-5 - Default

Current through July 13, 2024
(a) The Board may enter an order based on the
				allegations in a complaint in any case where the licensee has not responded no
				later than five (5) days prior to hearing, or in which the licensee or the
				licensee's representative does not appear at a scheduled hearing for which
				notice had been provided.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-6 - Motions

Current through July 13, 2024
(a) All pre-trial motions shall be filed in
				writing no later than ten (10) days prior to the date set for hearing.
(i) The Board or hearing officer may, for
				good cause shown, allow a motion to be filed at any time.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-7 - Discovery

Current through July 13, 2024
(a) In all formal proceedings before the
				Board, discovery shall be afforded in accordance with the Wyoming
				Administrative Procedure Act.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-8 - Subpoenas

Current through July 13, 2024
(a) The issuance and enforcement of subpoenas
				is governed by the Wyoming Administrative Procedure Act.
(b) Subpoenas for appearance or to produce
				books, papers, documents, or exhibits shall be issued by the executive director
				or the presiding officer designated to hear the case, upon receipt of the
				written application for same by any party to the case:
(i) Written requests for subpoenas shall
				describe with particularity, the materials requested for production.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-9 - Witnesses

Current through July 13, 2024
(a) All persons testifying at a hearing
				before the board shall be administered a standard oath.
(b) No testimony will be received from a
				witness except under oath or affirmation.
(c) The party calling a witness shall bear
				the costs associated with the witness's appearance.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-10 - Representation

Current through July 13, 2024
(a) A licensee may represent himself/herself
				or be represented by counsel authorized to practice law in the state of
				Wyoming.
(b) An appearance in
				person or the filing of an answer or other pleadings shall constitute an
				appearance by an attorney.
(c) A
				representative of the Attorney General's Office, designated the prosecuting
				attorney, shall present evidence, on behalf of the investigative Board member,
				on all matters enumerated and described in the Notice of Hearing and Petition
				and Complaint.
(d) A representative
				of the Attorney General's Office, designated as the advisory attorney, shall be
				present at a hearing, if requested, for the purpose of providing legal counsel
				to the board.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-11 - Order of Procedure

Current through July 13, 2024
(a) As nearly as
				practicable, the order of procedure at any hearing before the Board shall be as
				follows:
(i) The hearing officer shall
				announce that the hearing is convened upon the call of the docket number and
				title of the matter and case to be heard.
(ii) Opening statements may be made by each
				of the parties. The hearing officer may limit the duration of opening statement
				at his/her or the Board's discretion.
(iii) The party who bears the burden of proof
				shall thereupon proceed to present the evidence related to the matters set
				forth in the Notice of Hearing, as well as the Petition and Complaint, when
				applicable. Witnesses may be cross-examined by the opposing party, and exhibits
				may be received into evidence in accordance with the Wyoming Administrative
				Procedure Act and the Wyoming Rules of Evidence. Redirect examination may be
				allowed following cross-examination or as follow-up to examination by the Board
				or hearing officer.
(iv) The
				responding party may then present evidence, including witness testimony and
				exhibits as referenced in subsection (iii) above.
(v) Rebuttal evidence may be allowed at the
				discretion of the hearing officer.
(vi) The Board and hearing officer shall have
				the right and opportunity to examine any witness upon the conclusion of his/her
				testimony.
(vii) Closing arguments
				may be made by each party. The party bearing the burden of proof shall proceed
				first, and shall be provided a rebuttal argument, if requested. The hearing
				officer may limit the duration of any closing argument at his/her or the
				Board's discretion.
(viii) After
				all proceedings have been concluded; the hearing officer shall dismiss and
				excuse all witnesses, and declare the hearing closed. Any party wishing to
				present written memoranda of law may do so, and the presiding officer may
				request written briefs or memoranda. The Board shall take the case under
				advisement and shall inform the licensee that the decision shall be announced
				within due and proper time following consideration of all matters presented at
				the hearing and any briefs or memoranda.
Wyoming Administrative Code › Agency 028 - Podiatry, Board of Registration › Sub-Agency 0001 - Podiatry, Board of Registration › Chapter 6 - CONTESTED CASE PROCEDURE FOR DISCIPLINARY ACTION AND APPLICATION DENIALS › Section 6-12 - Decision and Order

Current through July 13, 2024
(a) The Board shall
				make and enter a written decision and order containing findings of fact and
				conclusions of law, stated separately.
(b) The decision and order shall be sent by
				certified mail to the licensee's last known address and to the licensee's
				attorneys of record by U.S. Mail.
(i) All
				decisions of the Board shall be effective as of the time of the filing of the
				written decision and order.
(ii) No
				Board member, staff member or agent of the Board who participated or advised in
				the investigation or presentation of evidence at the hearing shall participate
				in or advise the Board during deliberations or in making decisions.