reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-11 - Term of license, renewal, duplicate and voluntary relinquishment

Current through July 13, 2024
(a) License
				Renewal and Deadline. Physician assistant licenses originally issued between
				January 1st and August
				31st shall be due for first-time renewal no later
				than the immediately following December 31st.
				Physician assistant licenses originally issued between September
				1st and December 31st
				shall be valid through, and due for first-time renewal no later than, December
				31st of the following calendar year. Regardless of
				the original issue date, after first-time license renewal, all physician
				assistant licenses shall be renewed not later than December
				31st of each calendar year. A physician assistant
				may renew a license by sending a signed renewal questionnaire and renewal fee
				to the board, or completing an on-line renewal form and submitting a renewal
				fee prior to expiration of current license.
(i) License Renewal Form. A physician
				assistant may renew a license by submitting an application for renewal each
				year in a format or form provided by the board. The board may utilize paper or
				electronic forms, or a combination of both.
(ii) License Renewal Grace Period. Licensees
				who fail to submit an application for renewal by December 31st may submit an
				application, the requisite renewal fee, and the license renewal grace period
				surcharge no later than March 31st.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-11 - Term of license, renewal, duplicate and voluntary relinquishment

Current through July 13, 2024
(a) License Renewal and Deadline. Physician
				assistant licenses originally issued between January
				1st and August 31st shall
				be due for first-time renewal no later than the immediately following December
				31st. Physician assistant licenses originally issued
				between September 1st and December
				31st shall be valid through, and due for first-time
				renewal no later than, December 31st of the
				following calendar year. Regardless of the original issue date, after
				first-time license renewal, all physician assistant licenses shall be renewed
				not later than December 31st of each calendar year.
				A physician assistant may renew a license by sending a signed renewal
				questionnaire and renewal fee to the board, or completing an on-line renewal
				form and submitting a renewal fee prior to expiration of current license.
(i) License Renewal Form. A physician
				assistant may renew a license by submitting an application for renewal each
				year in a format or form provided by the board. The board may utilize paper or
				electronic forms, or a combination of both.
(ii) License Renewal Grace Period. Licensees
				who fail to submit an application for renewal by December 31st may submit an
				application, the requisite renewal fee,and the license renewal grace period
				surcharge no later than March 31st.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-13 - Denial, revocation or suspension of license

Current through July 13, 2024
(a) The board
				shall have the authority to deny an application for a license by, place
				restrictions or conditions on the license of, or revoke or suspend the license
				of, a physician assistant for, but not limited to, those grounds set forth in
				W.S. 33-26-402, 33-26-508  and any of the following reasons if the physician
				assistant:
(i) Has held himself or herself
				out, or permitted another to represent him or her, as a licensed
				physician.
(ii) Repealed.
(iii) Repealed.
(iv) Repealed.
(v) Repealed.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-13 - Denial, revocation or suspension of license

Current through July 13, 2024
(a) The board shall have the authority to
				deny an application for a license by, place restrictions or conditions on the
				license of, or revoke or suspend the license of, a physician assistant for, but
				not limited to, those grounds set forth in W.S. 33-26-402, 33-26-508  and any of
				the following reasons if the physician assistant:
(i) Has held himself or herself out, or
				permitted another to represent him or her, as a licensed physician.
(ii) Repealed.
(iii) Repealed.
(iv) Repealed.
(v) Repealed.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-14 - Appeal following denial of initial license application, reinstatement or reactivation

Current through July 13, 2024
An applicant who is denied a license, reinstatement or
				  reactivation of a physician assistant license may appeal such final order to
				  the district court pursuant to W.S. 16-3-114.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-14 - Appeal following denial of initial license application, reinstatement or reactivation

Current through July 13, 2024
An applicant who is denied a license, reinstatement or
				  reactivation of a physician assistant license may appeal such final order to
				  the district court pursuant to WS16-3-114.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-18 - General provisions

Current through July 13, 2024
(a) The
				supervising physician or supervising physician assistant shall notify the board
				of any change of practice location or supervisory status of a physician
				assistant licensed in the state of Wyoming, and working under the supervising
				physician's or supervising physician assistant's supervision, within thirty
				(30) days of the effective date of such change.
(b) When complying with W.S. 33-26-513, a
				physician assistant license or license holder shall be identified as "physician
				assistant."
(c) Repealed.
(d) Repealed.
(e) Medical supervision of a physician
				assistant by other than an approved physician or physician assistant is
				prohibited.
(f) Repealed.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-20 - Supervision and protocol requirements

Current through July 13, 2024
All physician assistant supervision arrangements formed or
				  submitted to the Board shall comply with the following requirements:
(a) A supervising physician or supervising
				physician assistant, and any physician assistant under his supervision, shall
				maintain on file with the Board a current supervision plan approved pursuant to
				section  8(h) of this chapter.
(b)
				The supervision plan shall be submitted as part of any application by a
				supervising physician and/or supervising physician assistant, or group of
				supervising physicians and/or supervising physician assistants.
(c) Before a supervising physician or
				supervising physician assistant, and the physician assistant(s) being
				supervised, may change a supervision plan previously approved by the Board,
				they shall submit a revised supervision plan on an application form published
				by the Board. The revised supervision plan application shall be reviewed by the
				advisory council and the Board pursuant to section  8(h) of this
				chapter.
(d) Supervising physicians
				and supervising physician assistants, and the physician assistant(s) being
				supervised, shall maintain documentation to demonstrate compliance with the
				elements of the supervision plan.
(e) A supervising physician or supervising
				physician assistant, and the physician assistant(s) being supervised, shall,
				upon written request from the Board, produce within twenty (20) days of receipt
				of the Board's request any documentation maintained pursuant to subsection
				(d).
(f) In addition to the ability
				to request documentation pursuant to subsection (e) the Board may, from time to
				time, conduct an audit of approximately ten (10) percent of then-active
				supervisory relationships, selected by random means, by requesting from the
				selected supervising physician or supervising physician assistant, and the
				physician assistant(s) being supervised, any documentation from the past three
				(3) years maintained pursuant to subsection (d).
(g) Effective January 1, 2022, any
				board-approved supervision agreement between a supervising physician and a
				physician assistant who has passed the NCCPA or other national certifying
				examination pursuant to subsection  7(c) of this chapter shall be deemed
				terminated. Nothing in this subsection shall be deemed to affect any approved
				supervision agreement between a physician and a physician assistant who has not
				passed the NCCPA or other board-approved certifying examination. Physicians and
				physician assistants who have passed the NCCPA or other approved certifying
				examination remain free to associate, collaborate, or otherwise practice
				cooperatively.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR THE LICENSURE OF PHYSICIAN ASSISTANTS › Section 5-21 - Continuing medical education

Current through July 13, 2024
(a) To renew,
				reinstate or reactivate a physician assistant license in Wyoming, a physician
				assistant shall verify one or more of the following:
(i) Continued participation in the NCCPA
				maintenance of certificate process, including completion of not less than 60
				continuing medical education credits during the preceding three calendar
				years;
(ii) Completion of not less
				than 60 hours of continuing medical education credits during the preceding
				three calendar years;
(iii)
				Documented volunteer service rendering clinical care in a nonprofit health care
				facility in this state to low income uninsured persons while holding an
				emeritus license in good standing, such CME to be credited at the rate set
				forth in Chapter 1, Section  5(a)(v)(A)(II) of these rules; or,
(iv) Documented volunteer service to the
				board as a medical consultant, such service to be credited as CME at the rate
				of one (1) hour of continuing medical education credit per two (2) hours of
				service as a consultant, not to exceed twenty (20) hours' CME credit in a
				calendar year.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 6 - MISCELLANEOUS › Section 6-1 - Malpractice claims

Current through July 13, 2024
(a) When the
				officers screen complaints, they shall review reports of malpractice claims
				against licensees reported since the previous complaint screening.
(b) Based on this review, the board officers
				shall determine if further review and/or investigation is necessary under the
				terms and provisions of the act. If further review and/or investigation is
				deemed necessary, the matter shall be handled as a complaint .
(c) The executive director shall compile all
				reports of malpractice claims from licensees, insurance carriers, attorneys,
				courts, health care entities, data banks and other reliable sources and
				maintain statistics for each licensee as to the number, frequency, nature and
				disposition of such claims.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 6 - MISCELLANEOUS › Section 6-2 - Disciplinary actions in other jurisdictions

Current through July 13, 2024
(a) Final
				disciplinary orders entered in other jurisdictions against Wyoming licensed
				physicians and physician assistants shall be handled as follows:
(i) Those with current Wyoming licenses who
				are practicing in Wyoming may be subject to a board initiated complaint and
				investigation pursuant to chapters 4 and 5 of these rules, as
				appropriate.
(ii) Those with
				current licenses but practicing out of state may be served with a consent
				decree requiring the physician or physician assistant to notify the board in
				writing at least thirty (30) days prior to returning to the state to practice.
				The consent decree shall be a final order of the board, subject to reporting as
				provided in these rules and regulations. If a physician or physician assistant
				fails or refuses to sign such a consent decree, he or she may be subject to a
				board initiated complaint and investigation pursuant to chapters 4 and 5 of
				these rules, as appropriate.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 6 - MISCELLANEOUS › Section 6-2A - Disciplinary actions in other jurisdictions

Current through July 13, 2024
(a)
				Final disciplinary orders entered in other jurisdictions against Wyoming
				licensed physicians and physician assistants shall be handled as follows:
(i) Those with current Wyoming licenses who
				are practicing in Wyoming may be subject to a board initiated complaint and
				investigation pursuant to chapters 4 and 5 of these rules, as
				appropriate.
(ii) Those with
				current licenses but practicing out of state may be served with a consent
				decree requiring the physician or physician assistant to notify the board in
				writing at least thirty (30) days prior to returning to the state to practice.
				The consent decree shall be a final order of the board, subject to reporting as
				provided in these rules and regulations. If a physician or physician assistant
				fails or refuses to sign such a consent decree, he or she may be subject to a
				board initiated complaint and investigation pursuant to chapters 4 and 5 of
				these rules, as appropriate.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 6 - MISCELLANEOUS › Section 6-3 - Board records

Current through July 13, 2024
(a) For all
				purposes, the term 'board record' as set forth in
				W.S.
				33-26-408(f) includes all
				information acquired by the board by any means except:
(i) The name of the licensee;
(ii) The licensure status of a licensee,
				i.e., current and in good standing, current with conditions or restrictions,
				lapsed, suspended, surrendered or revoked;
(iii) The professional designation of a
				licensee, i.e., M.D., D.O., P.A., or P.A.-C.;
(iv) The licensee's medical
				specialty;
(v) Whether the licensee
				is board certified and
(vi) The
				current office address and current telephone number at such address of a
				licensee.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 6 - MISCELLANEOUS › Section 6-4 - Maintenance of Current Mailing, Physical Addresses

Current through July 13, 2024
(a) All licensees
				shall maintain a current mailing address on file with the Board.
(b) All licensees shall maintain a current
				physical address on file with the Board. This address shall be the licensee's
				address of record for purpose of service of any disciplinary action brought
				against licensee under the Act.
(c)
				The licensee shall update his or her mailing address and physical address with
				the Board by submitting, within forty-five (45) days of the effective date of
				the new mailing or physical address, a completed change of address form as
				published by the Board. Failure to maintain current mailing and physical
				addresses with the Board shall be grounds for disciplinary action.
(d) In no event will the Board accept a
				request for the licensee's mailing address to be used for some, but not all,
				written communications from the Board.
Wyoming Administrative Code › Agency 052 - Medicine, Board of › Sub-Agency 0001 - Medicine, Board of › Chapter 6 - MISCELLANEOUS › Section 6-5 - Regular Meeting of the Board

Current through July 13, 2024
Pursuant to
				  W.S.
				  33-1-302(a)(iii), the Board
				  shall set one or more regular meetings in each calendar year by adopting in
				  advance a resolution setting forth the date, time and place of each regular
				  meeting. Other meetings of the Board shall be held at the time and place as
				  called by the President or Vice President of the Board.
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 7-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to authority granted by
				  the Act and the A.P.A.
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 7-2 - Purpose

Current through July 13, 2024
These rules set forth the procedures of the board for the
				  filing of complaints against licensees; for the conduct of investigations of,
				  and disciplinary proceedings against, licensees; and to describe the process
				  for license denials and appeals therefrom.
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 7-3 - Preliminary Complaint Evaluation

Current through July 13, 2024
(a) All parties
				have a right to represent themselves or be represented by an attorney at every
				stage of any investigation or disciplinary proceeding, including the informal
				interview. "Attorney" as used in this chapter means an attorney licensed to
				practice law in the State of Wyoming, or an attorney who is licensed to
				practice law in another state, territory or the District of Columbia and who is
				associated with an attorney licensed to practice law in the State of
				Wyoming.
(b) Proceedings under
				these rules shall commence when a complainant notifies the board of conduct by
				a licensee which falls within the board's jurisdiction and that may constitute
				a violation of the Act.
(c) A copy
				of every written complaint, and every writing in the general nature of a
				complaint, as well as reports of every oral communication in the nature a
				complaint received by the board shall be filed and maintained in the board's
				permanent files and entered in the ledger.
(d) Upon receipt of a complaint, board staff
				shall notify the complainant in writing of said receipt. The notice to the
				complainant required by this section shall, at a minimum, clearly state:
(i) Pursuant to W.S. 33-26-408(a)(ii), the
				complainant and any witnesses incur no civil liability for information provided
				to the board in good faith, without malice, and in reasonable belief that the
				information is accurate.
(ii) Any
				effort by the licensee named in the complaint to directly or indirectly
				discourage, intimidate, or otherwise impede investigation of the complaint
				constitutes a separate and distinct prosecutable instance of unprofessional
				conduct.
(iii) The complainant (or
				patient, if different than the complainant) and licensee shall not enter into
				settlement negotiations or exchange of offers of settlement or compromise of a
				complaint without the express written permission of the officers or, if
				interviewers/petitioners have been appointed, without the express written
				permission of the interviewers/petitioners.
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 7-4 - Commencement of Disciplinary Proceedings

Current through July 13, 2024
At the complaint screening, officers and staff review
				  complaints and licensee responses, and determine which of the following shall
				  take place:
(a) If the majority of the
				board officers cannot determine whether the complaint alleges conduct by a
				licensee which falls with the board's jurisdiction and/or may constitute a
				violation of the Act, the officers may direct board staff and agents to
				investigate the complaint to provide sufficient information for board officers
				to complete the screening process.
(b) If a majority of the officers determines
				that the complaint alleges conduct by a licensee which falls within the board's
				jurisdiction and may constitute a violation of the Act, the officers shall
				appoint two members of the board, and one member of the advisory council if the
				licensee in question is a physician assistant, as interviewers, or take other
				appropriate action. Nothing herein precludes the appointment of a board officer
				as an interviewer or petitioner in any case that they have screened.
(c) If the majority of the officers cannot
				determine whether the complaint alleges conduct by a licensee which falls with
				the board's jurisdiction and/or may constitute a violation of the Act, they may
				direct board staff and agents to investigate the complaint to provide
				sufficient information for them to complete the screening process. If the
				identity of the complainant has been withheld from the licensee, the officers
				shall also make a determination whether to continue to withhold the
				complainant's name.
(d) Within
				fifteen (15) business days after the appointment of interviewers, board staff
				shall send a notice to the licensee and to the complainant. The notice to the
				licensee shall include:
(i) The nature and
				subject matter of the petition, when it was filed, the board's appointment of
				interviewers;
(ii) That counsel
				representing the licensee may be present at the informal interview, describe
				the interview process;
(iii) The
				range of potential sanctions that may be available to the board as a result of
				the interviewers' recommendations; and
(iv) That any effort by the licensee named in
				the complaint to directly or indirectly discourage, intimidate or otherwise
				impede a full and vigorous pursuit of the complaint constitutes a separate and
				prosecutable instance of unprofessional conduct.
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 7-6 - Contested case

Current through July 13, 2024
(a) Any
				contested case before the board shall be conducted pursuant to these rules, the
				Act and the A.P.A.
(b) Contested
				cases before the board shall be initiated by a petition.
(c) At least ten (10) days prior to filing of
				a petition, written communication shall be sent to the respondent requiring
				indication whether respondent will accept service of the petition by United
				States certified mail, return receipt requested, or if respondent desires
				personal service at a place designated by him. Failure by respondent to return
				written election of choice of service to the board within thirty (30) days of
				mailing by the board shall mandate personal service. Service of a petition
				shall be governed by W.R.Civ.P. 4(c)-(o) and 5, and may include service by
				publication, as provided therein.
(d) The respondent shall file an answer to
				the petition, or cause an appearance to be entered in the matter before the
				Board, within thirty (30) days of service of the petition. Failure to file an
				answer or cause an appearance to be entered shall constitute a default by the
				respondent.
(e) Prior to any
				contested case hearing, other than one pursuant to a licensee's petition for
				reinstatement of a license or removal of restrictions or conditions on a
				license, an informal interview must be offered to the licensee.
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 7-7 - Hearing officer

Current through July 13, 2024
(a) Upon the
				filing of a petition, the board may appoint a hearing officer to preside over
				the contested case. The hearing officer shall not have participated in the
				preliminary investigation or case preparation.
(b) The hearing officer shall withdraw from
				the case if he deems himself to be disqualified.
(c) A party may make a written request for
				the removal of a hearing officer. The request shall be made as soon as the
				party has reasonable grounds to believe that the hearing officer is subject to
				disqualification. The written request shall explain the reasons for the
				requested disqualification and shall be accompanied by affidavits. If the
				hearing officer denies the request, he shall issue a written explanation of
				such denial and enter the explanation into the record.
(d) The hearing officer shall have those
				powers set forth in the A.P.A. and all such other powers as may be necessary to
				conduct a fair and impartial contested case hearing, including but not limited
				to, the power to provide for and determine the scope of discovery and set a
				case schedule, and may assist the board in its deliberations and the
				development of findings of fact and conclusions of law.
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 7-8 - Discovery

Current through July 13, 2024
(a) Discovery in board disciplinary
				proceedings shall be governed by W.S. 16-3-107, the Act, and these
				rules.
(b) Pursuant to W.S. 16-3-107, the board or its hearing officer, at the request of a party, may
				subpoena the attendance of witnesses or require the production of books, papers
				or other evidence. A respondent may apply for a subpoena subject to W.S. 33-26-408(f).
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 7-11 - Executive Session

Current through July 13, 2024
The hearing officer shall conduct the hearing in executive
				  session pursuant to W.S. 16-4-405(a)(ii) and/or (a)(ix), unless the respondent,
				  by written motion filed no later than the deadline set forth in the pre-hearing
				  order, requests a public hearing. The hearing officer may sequester witnesses
				  upon appropriate request by any party.
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 7-12 - Evidentiary Hearing to Compile a Record

Current through July 13, 2024
(a) A hearing
				panel shall not be required to personally attend any part of a hearing
				including, but not limited to, opening statements, presentation of evidence,
				and/or closing arguments.
(b)
				Pursuant to the Office of Administrative Hearings' Uniform Rules for Contested
				Case Practice and Procedure, Ch. 2, §. 8(b), the hearing officer may, upon
				the recommendation of the board president or the executive director, or upon
				his own motion, receive the evidence and compile the record in a contested case
				outside the presence of the hearing panel.
(c) Upon the close of evidence, all evidence
				received and compiled by the board and its staff, and the record of the
				contested case, shall be given as soon as practicable to the hearing panel for
				their review, deliberations and decision in accordance with this
				chapter.
(d) The evidentiary record
				provided to the hearing panel shall include the following:
(i) A transcript and video recording of the
				hearing, and any depositions entered as witness testimony in the proceedings;
				and,
(ii) An indexed copy of all
				exhibits admitted by the hearing officer during the course of the
				proceeding.
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 7-13 - Deliberations and Decision

Current through July 13, 2024
(a) Board
				counsel shall assist the hearing panel in its deliberations, and in drafting
				findings of fact, conclusions of law and an order.
(b) The hearing panel shall make its decision
				in public session, and shall serve a copy of the decision upon all parties. The
				decision shall include:
(i) A statement of the
				findings of fact and conclusions of law, separately stated and supported by
				concise and explicit statements, and
(ii) An order setting forth the action taken,
				including costs, if any, assessed against respondent.
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 7-14 - Record

Current through July 13, 2024
(a) The record in contested cases shall
				consist of those items set forth in W.S. 16-3-107(o) and the transcript of the
				proceedings.
(b) If the board's
				decision is appealed to the district court, the appealing party shall pay the
				costs of copying the transcripts and duplicating the record for submission to
				the court and the parties to the appeal.
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 7-15 - Reinstatement of, or Removal or Modification of Restrictions or Conditions on, a License

Current through July 13, 2024
(a) A former
				licensee whose license has been relinquished or revoked may file a petition for
				reinstatement of his license pursuant to the Act.
(b) A licensee whose license has restrictions
				or conditions on it may file a petition seeking removal or modification of one
				or more restrictions or conditions, pursuant to the Act.
(c) In the course of proceedings under
				subsections (a) and (b), the licensee will be designated "petitioner." The
				petitioners appointed during the proceedings that led to relinquishment,
				revocation, or placement of restrictions or conditions on an existing license
				shall be designated "respondent(s)." If none the previously appointed
				petitioners remain on the board or the advisory council, the officers shall
				appoint one (1) board member to serve as the respondent in the proceedings to
				reinstate or remove or modify conditions or restrictions.
(d) After a hearing before the board on a
				petition filed pursuant to this section, the board shall issue specific
				findings of fact, conclusions of law and a final order:
(i) Reinstating the license without
				restrictions or conditions;
(ii)
				Reinstating the license subject to restrictions or conditions;
(iii) Removing or modifying the restrictions
				or conditions on the license;
(iv)
				Denying reinstatement of the license or removal of the restrictions or
				conditions on the license; or,
(v)
				Taking such action as the board deems appropriate and just in the
				circumstances.
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 7-16 - Public inspection

Current through July 13, 2024
(a) The legal
				custodian shall segregate all documentation pertaining to any petition and
				place it into the appropriate docket file or the ledger of public information.
				The executive director shall provide proper identification of all the records
				in the docket files and ledger.
(b)
				The ledger shall be open for public inspection in the board offices.
(c) Docket files shall be confidential,
				segregated files not available for public inspection, maintained in the board
				offices.
(d) If the legal custodian
				or his designee denies a request to inspect or copy records, written reasons
				shall be given if requested and the requestor shall be advised of the right to
				appeal and state why inspection should be granted including the purpose for
				which the record is needed by the requestor.
(e) All ledger records shall be kept at the
				board office or in a governmental record storage site and shall be available
				for public inspection and copying during office hours when such inspection or
				copying does not unduly interfere with the work of board staff.
(f) Original ledger records shall be examined
				under the supervision of board staff and shall not be removed from the
				office.
(g) A request to inspect
				ledger records shall be deemed sufficient if it reasonably describes the
				requested records and contains the requestor's name and address.
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 7-17 - Notification

Current through July 13, 2024
All final board orders subject to public disclosure pursuant
				  to W.S. 33-26-408(c) shall be sent to any medical facilities where the licensee
				  has privileges, to the appropriate state medical society and to any local
				  county medical society to which the licensee might belong, to a wire service,
				  to the F.S.M.B., and the N.P.D.B. and, when applicable, to the Wyoming Board of
				  Pharmacy and the U.S. Drug Enforcement Administration, within thirty (30) days
				  of the final disposition of the case.
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 7-18 - Incorporation by reference

Current through July 13, 2024
(a) For any rule
				incorporated by reference in these Board Rules:
(i) The Board has determined that
				incorporation of the full text in these rules would be cumbersome or
				inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not
				include any later amendments or editions of the incorporated matter beyond the
				applicable date identified in subsection (b) of this section; and
(iii) The incorporated rule is maintained at
				Board Office and is available for public inspection and copying at cost at the
				same location.
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 7-19 - Criminal History Background for Purposes of Investigations and Discipline

Current through July 13, 2024
(a) The board may request a criminal history
				record report on a licensee if:
(i) A
				complaint against a licensee involves allegations of criminal
				conduct;
(ii) Any information
				received by the board indicates the licensee may have a criminal history that
				is relevant to a pending complaint, investigation or disciplinary
				action.
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 7-20 - Proceedings to deny an application for licensure

Current through July 13, 2024
(a)
				If the application review committee recommends that an application for
				licensure or reactivation of a license be denied, or if after a licensure
				interview the Board refers an application to the application review committee
				for proceedings to deny an application for initial licensure or reactivation of
				a license, any proceedings shall be conducted pursuant to these
				rules.
(b) In the course of
				proceedings to deny an application for licensure or reactivation of a license,
				the applicant shall be designated "petitioner." The application review
				committee members shall be designated "respondents."
(c) The petitioner shall have the burden to
				prove, by a preponderance of evidence, that he meets all requirements for
				licensure or reactivation of his license, and that he can safely and skillfully
				practice medicine. Upon completion of the petitioner's case, the respondents
				shall have the burden to prove, by clear and convincing evidence, that the
				petitioner fails to meet all requirements for licensure or reactivation of his
				license, or is unable to safely and skillfully practice medicine.
(d) After a hearing before the board to deny
				an application for licensure or reactivation of a license, the board shall
				issue specific findings of fact, conclusions of law and a final order:
(i) Granting a license without restrictions
				or conditions;
(ii) Granting a
				license subject to restrictions or conditions;
(iii) Denying issuance of a license;
				or,
(iv) Taking such action as the
				board deems appropriate and just in the circumstances.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 1 - General Provisions › Section 1-1 - Authority

Current through July 13, 2024
The Mental Health Professions Licensing Board is created by
				  Wyoming Statutes
										33-38-101
				  through -113, hereinafter referred to as the Act. The Board is authorized under
				  the Act, specifically
				  W.S.
				  33-38-105(a), the Wyoming
				  Administrative Procedure Act (W.S.
				  16-3-101 through -115), specifically
				  W.S.
				  16-3-104(j), and
				  W.S.
				  33-1-302(a) to promulgate
				  rules.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 1 - General Provisions › Section 1-2 - Terms Defined by Statute

Current through July 13, 2024
Terms defined in
				  W.S.
				  33-38-101 through -113 shall have the same
				  meanings when used in these rules unless the context or subject matter clearly
				  requires a different interpretation.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 1 - General Provisions › Section 1-3 - Terms Defined Herein

Current through July 13, 2024
As used in these rules, the following terms shall have the
				  following meanings unless the context or subject matter clearly requires a
				  different interpretation.
(a)
				Administrative Supervision- Employment by a business, agency, organization,
				firm, etc. to work for wages or salary. The employer must have the authority to
				hire, discipline and dismiss the provisional licensee and certificate holder.
				The supervisee shall not have a financial interest in ownership of the
				business, agency, organization, or firm while working under administrative
				supervision. An independent contract for services does not meet the criteria of
				administrative supervision. Faculty supervision of a candidate in a doctoral
				program does meet this requirement.
(b) Addiction- The meaning of addiction
				includes "substance use disorders" as that term is used in the Diagnostic and
				Statistical Manual of Mental Health Disorders (DSM-5), published in 2013 by the
				American Psychiatric Association.
(c) Case Management- Non-clinical services
				that are provided to; assist the client in gaining access to needed medical,
				social, educational and other services; assist the client in making
				arrangements necessary to move from a residential, hospital, or institutional
				placement to the family or surrogate family home in the community; and foster a
				client's rehabilitation from a diagnosed mental disorder by organizing needed
				services and supports into an integrated system of care until the client is
				able to assume this responsibility. Provision of these services is not
				restricted to persons who are licensed or certified under the Act. Case
				management services include linkage, monitoring/follow-up, referral, advocacy,
				and crisis intervention.
(i) Linkage- Working
				with clients or service providers to secure access to services. Activities
				include making telephone calls to agencies to arrange for appointments or
				services following the initial referral process, and preparing clients for
				these appointments.
(ii)
				Monitoring/follow-up- Contacting the client or others to ensure that a client
				is following a prescribed service plan and monitoring the progress and impact
				of that plan.
(iii) Referral-
				Arranging initial appointments with service providers or informing clients of
				services available, addresses and telephone numbers of agencies providing
				services.
(iv) Advocacy- Advocacy
				on behalf of a specific client for the purpose of accessing needed
				services.
(v) Crisis Intervention-
				Intervention and stabilization provided in situations requiring immediate
				attention/resolution for a specific client. The case manager may provide the
				initial intervention in a crisis situation and would assist the client in
				gaining access to other needed clinical crisis intervention.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 1 - General Provisions › Section 1-6 - Officers

Current through July 13, 2024
Officers of the Board shall be elected annually, by a
				  majority vote of the Board, and shall be comprised of a chairperson, a
				  vice-chairperson, and a secretary treasurer.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 2 - Organization and Procedures of the Board › Section 2-1 - Structure of the Board

Current through July 13, 2024
The Board shall consist of six (6) persons, all of whom are
				  residents of Wyoming for a minimum of one (1) year and who are appointed by the
				  governor by and with the consent of the senate: one (1) licensed person from
				  each of the four (4) disciplines plus two (2) persons from public at large.
				  Board members shall service three (3) year terms. The slate organization
				  representing each discipline licensed by the Board is responsible for providing
				  Governor with a list of eligible recommended persons from which the Governor
				  shall select, hi cases where vacancies occur on the Board the discipline group
				  affected by vacancy shall provide a list of names of eligible candidates to the
				  Governor within sixty (60) days. Public at large vacancies shall be filled at
				  the pleasure of the Governor.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 2 - Organization and Procedures of the Board › Section 2-2 - Establishment of Licensure Standards

Current through July 13, 2024
The state professional organizations representing each
				  discipline may recommend to the Board the specific requirements, rules. and
				  procedures appropriate for licensing and certifying persons in that field and
				  suggest changes to the rules and regulations.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 2 - Organization and Procedures of the Board › Section 2-3 - Relationship of Board to Professional Organizations Representing These Disciplines

Current through July 13, 2024
Schematic Structure
The Board
Three-year
Staggered Terms
Chair
Vice Chair
Secretary Treasurer
Public
Appointed by
Governor
LPC
Appointed by Governor
LCSW
Appointed by
Governor
LMFT
Appointed by Governor
LAT
Appointed by
Governor
Public
Appointed by
Governor
Professional
Standards Subcommittee
Professional
Standards Subcommittee
Profession
Standards
Subcommittee
Professional
Standards Subcommittee
State
Professional
Counselor
Organization
State Social Worker Organtzation
State
Marriage
and Family
Organization
State
Addictions
Therapy
Organization
The Board shall encourage the formulation of a professional
				  standards committee from each organization to advise the Board concerning
				  licensing and certification standards and licensing and certification processes
				  for that discipline, and serve as a resource to the Board.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 2 - Organization and Procedures of the Board › Section 2-4 - Officers

Current through July 13, 2024
Officers of the Board shall be elected annually, by a
				  majority vote of the Board, and be comprised of a chair, a vice chair and a
				  secretaiy-treasurer,
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 2 - Organization and Procedures of the Board › Section 2-5 - Meetings of the Board

Current through July 13, 2024
(a) The Board shall
				meet at least once each year at a date, place and time established by the Chair
				with special meetings held as requested by the Chair or by a majority of tile
				members.
(b) Meeting dates and
				times shall be made known to Board members by the Secretary-Treasurer at least
				twenty (20) days prior to such meeting except for special meetings which may be
				held upon emergency notice to all Board members.
(c) Meetings shall be open to the public and
				held in accordance with the Wyoming Administrative Procedures Act. The Board
				has the right to call executive sessions pursuant to
				W.S.
				16-4-405.
(d) The Chair may conduct meetings and Board
				business by telephone as a means of conserving funds and expediting appropriate
				business.
(e) A quorum shall
				consist of four (4) members, and a majority vote of those Board members present
				and voting is required to approve Board actions.
Wyoming Administrative Code › Agency 078 - Mental Health Professions Board › Sub-Agency 0001 - Mental Health Professions Board › Chapter 2 - Organization and Procedures of the Board › Section 2-6 - Establishiment of Committees

Current through July 13, 2024
The Board may, by a majority vote of the membership,
				  establish and empower committees to approve or preliminarily deny applications
				  for license and certification, applications for renewal, supervision
				  agreements, special request, and other issues that the Board deems proper to
				  delegate. Committees may also be established and empowered to conduct complaint
				  investigations, and make recommendations on complaints. These committees shall
				  be comprised of current members of the Board and/or administrative
				  staff.