reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 3 - LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-5 - Temporary Permits

Current through July 13, 2024
Applicants for a temporary permit must submit a complete and
				  legible application form accompanied by the proper non-refundable fee,
				  acceptable proof of legal presence in the United States, and the
				  following:
(a) For temporary permit
				with license in another jurisdiction:
(i)
				Official verification of current license in good standing from the jurisdiction
				where the applicant holds a valid license; and
(ii) Evidence the applicant is currently
				practicing or has within the last six(6) months practiced respiratory care in
				another jurisdiction.
(iii)
				Appropriate proof of legal presence in the United States.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 3 - LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-6 - Issuance and Expiration of License

Current through July 13, 2024
The Board shall issue a wall certificate and a wallet
				  identification card to the successful applicant bearing the full name of the
				  holder, license number, date of issuance, expiration date, and appropriate
				  seal. All licenses expire on October 31st.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 4 - FEES › Section 4-2 - General

Current through July 13, 2024
(a) Fees shall be
				payable in the exact amount for all services and shall be paid in advance of
				the services rendered.
(b) All fees
				collected by the Board are non-refundable.
(c) In accordance with
				W.S.
				1-1-115 the Board may charge a collection fee
				for any returned checks.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 4 - FEES › Section 4-3 - Fees

Current through July 13, 2024
(a) Application fee $100.00
(b)  Temporary permit $40.00
(c) Annual license renewal fee
				$100.00
(d) Temporary permit
				renewal fee $40.00
(e)
				Reinstatement fee $50.00
(f)
				Written license verification $10.00
(g) Replacement or duplicate wall certificate $15.00
(h) Replacement or duplicate wallet
				identification cards (2) $5.00
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 4 - FEES › Section 4-4 - Duplicate or Replacement Certificate and Wallet Card

Current through July 13, 2024
Duplicate or replacement wall certificates and wallet cards
				  may be issued by the Board. All requests for duplicate or replacement
				  certificates and wallet cards must be in writing and must be accompanied by the
				  appropriate fee.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 4 - FEES › Section 4-5 - Change of Name, Address or Telephone Number

Current through July 13, 2024
(a) Licensees must register with the Board
				any change in their legal name, must submit documentation demonstrating the
				change of name, appropriate fee and must surrender the old wall certificate and
				a new wall certificate shall be issued by the Board.
(b) Each applicant and licensee must file
				with the Board their current home and professional mailing addresses and
				telephone numbers and must report to the Board in writing any change of
				addresses or telephone numbers, giving both old and new addresses and telephone
				numbers.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 5 - LICENSE RENEWAL AND CONTINUING EDUCATION › Section 5-2 - Annual Renewal

Current through July 13, 2024
(a) Licenses shall expire on October
				31st of each year and may be renewed by providing
				the Board with the following, post marked on or prior to, the license
				expiration date:
(i) Payment of the renewal
				fee;
(ii) Complete application for
				renewal; and
(iii) Verification of
				compliance with the continuing education requirements as set out
				below.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 5 - LICENSE RENEWAL AND CONTINUING EDUCATION › Section 5-3 - Continuing Education

Current through July 13, 2024
(a) Each licensee shall earn a minimum of
				eight (8) contact hours of continuing education every year, with no more than
				four (4) hours of training in ACLS/PALS/NRP or any combination thereof. Basic
				CPR training is not accepted as continuing education towards license renewal.
(i) Contact hours for purposes of this
				section shall be the actual number of hours during which instruction was
				received. A minimum of fifty (50) minutes constitutes a contact hour. For
				academic courses, one (1) semester credit equals fifteen (15) contact
				hours.
(ii) Continuing education
				activity must be completed during the twelve (12) months prior to the license
				expiration date. The thirty (30) day reinstatement period for renewal shall
				also apply to the continuing education requirement; however, any activities
				completed after October 31st and applied to the
				previous renewal period may not be reported on the next renewal
				application.
(iii) Excess
				continuing education credit hours acquired in one twelve (12) month period may
				not be carried forward to the next period.
(iv) Any identical course or program may be
				submitted for continuing education credit only once every two (2)
				years.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 5 - LICENSE RENEWAL AND CONTINUING EDUCATION › Section 5-4 - Reinstatement

Current through July 13, 2024
An expired license may be reinstated by the Board. Request
				  for reinstatement must be made in writing and post marked within thirty (30)
				  calendar days of the expiration date, accompanied by the following:
(a) The renewal application;
(b) Verification of compliance with the
				continuing education requirements established in these rules;
(c) The license renewal fee; and
(d) The reinstatement fee.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 6 - STANDARDS OF PROFESSIONAL CONDUCT › Section 6-2 - Scope of Practice

Current through July 13, 2024
The scope of practice for respiratory therapy includes, but
				  is not limited to:
(a) Acquiring and
				evaluating clinical data;
(b)
				Assessing the cardiopulmonary status of patients;
(c) Performing and assisting in the
				performance of prescribed diagnostic studies such as: obtaining blood samples,
				blood gas analysis, pulmonary function testing, polysomnography, and
				neurodiagnostics;
(d) Evaluating
				data to assess the appropriateness of prescribed respiratory care;
(e) Establishing therapeutic goals for
				patients with cardiopulmonary disease;
(f) Participating in the development and
				modification of respiratory care plans;
(g) Case management of patients with
				cardiopulmonary and related diseases;
(h) Initiating prescribed respiratory care
				treatments, evaluating and monitoring patient responses to such therapy and
				recommending modification of the prescribed therapy to achieve the desired
				therapeutic objectives;
(i)
				Initiating and conducting prescribed pulmonary rehabilitation;
(j) Providing education to patient, family,
				community, and allied health care professional;
(k) Promoting cardiopulmonary wellness,
				disease prevention, and disease management;
(l) Participating in life support activities
				as required; and
(m) Promoting
				evidence-based medicine; research; and clinical practice guidelines.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 6 - STANDARDS OF PROFESSIONAL CONDUCT › Section 6-3 - Ethical Standards

Current through July 13, 2024
The following ethical standards are adopted and incorporated
				  herein by the Board:
(a) The AARC
				Statement of Ethics and Professional Conduct, as incorporated by reference in
				Chapter 1.
(b) Beyond adhering to
				the AARC Statement of Ethics and Professional Conduct, persons licensed by the
				Board 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) Report to
				the Board known or suspected violations of the laws and regulations governing
				the practice of licensed or permitted professionals.
(iii) Use only the initials L.R.C.P. for
				Licensed Respiratory Care Practitioner as the designation of
				licensure.
(iv) Use only indicators
				of current discipline-related credentials such as CRT and RRT or such
				indicators as awarded by independent credentialing agencies such as the AARC
				and the NBRC in association with their licensure or permit and
				practice.
(v) Upon request, provide
				patients with fees and billing arrangements before rendering
				services.
(vi) Respond to all
				requests for information and all other correspondence from the Board.
(vii) Ensure the patient has the opportunity
				to bring a chaperone of their choosing to their examination/treatment. The
				chaperone shall be in the room for the duration of the
				examination/treatment.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 7 - DISCIPLINARY ACTION › Section 7-1 - Board Authorization

Current through July 13, 2024
The Board is authorized to refuse to renew, or may deny,
				  suspend, revoke, place on probation or otherwise reprimand the license or
				  permit of any person violating provisions of the Act pursuant to
				  W.S.
				  33-43-115. Any reference to the term
				  "license" in this chapter shall also apply to persons holding a permit issued
				  by the Board.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-1 - Complaints

Current through July 13, 2024
Any reference to the term "license" in this chapter shall
				  also apply to persons holding a permit issued by the Board. All complaints
				  shall be filed with the Board in writing and shall contain;
(a) Name and address of Licensee;
(b) Name, address and telephone number of
				complainant;
(c) Nature of alleged
				violations;
(d) A short and concise
				statement of facts relating to the alleged violations; and
(e) Signature of the complainant.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-2 - Investigation

Current through July 13, 2024
(a) The Board shall assign an investigation
				committee comprised of one (1) or two (2) Board members or other individuals
				with assistance from a representative of the Attorney General's Office.
(b) upon completion of the
				investigation, the investigation Committee may:
(i) Prepare and file a formal complaint and
				notice of hearing with the Board, setting the matter for a contested case
				hearing;
(ii) Recommend to the
				Board that a reprimand be given to the Licensee; or
(iii) Recommend to the Board that the
				complaint be dismissed.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-3 - Service of Notice and Formal Complaint

Current through July 13, 2024
Notice and Complaint shall be served by mail at least twenty
				  (20) days prior to the date set for hearing. It shall be sent by certified or
				  registered mail with return receipt thereof to the Licensee's last known
				  address.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-4 - Docket

Current through July 13, 2024
A contested case shall be assigned a number when a complaint
				  is filed with the Board. A separate file shall be established for each docketed
				  case, in which shall be systematically placed all papers, pleadings, documents,
				  transcripts, evidence and exhibits.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-5 - Answer or Appearance

Current through July 13, 2024
The Licensee shall file an Answer or Notice of Appearance,
				  which shall be received by the Board at least three (3) working days prior to
				  the date set for hearing in the matter.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-6 - Default in Licensee Answering or Appearing

Current through July 13, 2024
In the event of the failure of a Licensee to answer or
				  otherwise appear within the time allowed, a default may be entered and the
				  allegations as set forth in the Notice and Complaint shall be taken as true and
				  an Order of the Board entered accordingly.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-8 - Subpoenas

Current through July 13, 2024
Subpoenas for appearance and to produce testimony, books,
				  papers, documents, or exhibits may be issued by the Board or hearing officer on
				  behalf of any party to the contested case.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-9 - Contested Case Hearing

Current through July 13, 2024
All issues and matters set forth in the Notice and Complaint
				  shall be presented to the Board. A Licensee may be represented by an attorney,
				  licensed to practice law in this State or otherwise associated at the hearing
				  with an attorney licensed to practice law in this State.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-10 - Hearing Officer

Current through July 13, 2024
The Board may employ and secure a hearing officer to assist
				  and advise the Board in the conduct of a hearing and the preparation of
				  recommended findings of fact, conclusions of law and order.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-11 - Order of Procedure

Current through July 13, 2024
As nearly as may be, hearings shall be conducted in
				  accordance with the following order of procedure:
(a) The Board or 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, and thereupon the Board or hearing
				officer shall incorporate all pleadings into the record and shall note for the
				record all subpoenas issued and all appearances of record;
(b) All persons testing at the hearing hall.
				be administered the standard oath;
(c) The attorney or representative of the
				State shall thereupon proceed to present the State's evidence. Witnesses may be
				cross-examined by the Licensee or attorney if represented. Redirect examination
				may be permitted;
(d) The Licensee
				shall be heard in the same manner as the State's evidence. The State shall have
				the opportunity of cross-examination and redirect exeunination may be
				permitted;
(e) Opening statements
				may be made;
(f) Closing
				statements, at the conclusion of the presentation of evidence, may be made by
				parties or attorneys. A rebuttal statement may be made by the State. The time
				for oral argument may be limited by the Board or hearing officer;
(g) After all proceedings have been
				concluded, the Board or hearing officer shall dismiss and excuse all witnesses
				and declare the hearing closed. Any party who may wish or desire to tender
				written briefs of law unto the Board may do so. The Board may take the case
				under advisement and shall declare unto each of the parties that the decision
				of the Board shall be announced within due and proper time following
				consideration of all the matters presented at tile hearing; and
(h) The Board and hearing officer shall
				retain the right and opportunity to examine any witness upon the conclusion of
				all testimony offered by a particular witness.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-12 - Rules of Civil Procedure to Apply

Current through July 13, 2024
The rules of practice and procedure contained in the Wyoming
				  Rules of Civil Procedure insofar as they are applicable and not inconsistent
				  with the matters before the Board and applicable to the rules and orders
				  promulgated by the Board shall apply.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-13 - Attorneys

Current through July 13, 2024
The filing of an answer of other appearance by an attorney
				  constitutes an appearance for the party for whom the pleading is filed. The
				  Board and all parties shall be notified in writing of any withdrawal. Any
				  person appearing before the Board at a hearing in a representative capacity
				  shall be precluded from examining or cross-examining any witness unless the
				  person is an attorney licensed to practice law in this State, or associated
				  with an attorney licensed to practice law in this State. This rule shall not be
				  construed to prohibit any Licensee from representing themselves in any hearing
				  before the Board, but any Licensee appearing in their own behalf shall not be
				  relived of abiding by all rules established for the hearing
				  proceedings.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-14 - Attorney General to be Present

Current through July 13, 2024
In all hearings held upon formal action brought before the
				  Board, a representative of the Office of the Attorney General of Wyoming shall
				  appear on behalf of the State, and shall present all evidence, testimony and
				  legal authority in support of the Notice and Complaint to be considered by the
				  Board.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-15 - Record of Proceedings

Current through July 13, 2024
When the denial, revocation or suspension of any license or
				  certification is the subject for hearing, it shall be regarded as a contested
				  case and the proceedings, including all testimony, shall be reported verbatim
				  by a court reporter or other adequate recording device.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-16 - Decision, Findings of Fact and Conclusions of Law and Order

Current through July 13, 2024
(a) The Board shall, with the assistance of
				the hearing officer, following the full and complete hearing, make and enter a
				written decision and order containing findings of fact and conclusions of law.
				The decision and order shall be filed with the Board and shall, without further
				action, become the decision and order as a result of the hearing.
(b) No member, staff or agent of the Board
				who participated or advised in the investigation or presentation of evidence at
				the hearing shall participate or advise in the decision.
(c) Upon entry and filing, the Board shall
				mail copies of the decision to each Licensee and attorneys of record,
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-17 - Appeals to District Court

Current through July 13, 2024
Appeals from Board decisions shall be taken to the district
				  court having jurisdiction and proper venue in accordance with applicable
				  statutes and the Wyoming Rules of Appellate Procedure.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 8 - COMPLAINTS: PRACTICE & PROCEDURE › Section 8-18 - Transcript in Case of Appeal

Current through July 13, 2024
In the case of an appeal to the district court, the
				  appellant shall pay and arrange for the transcript of the testimony. The
				  transcript shall be verified by the oath of the reporter who took the testimony
				  as a true and correct transcript of the testimony and other evidence in the
				  case.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 10 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 10-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
				  33-43-105(a)(i)
				  and 16-3-103(j)(i).
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 10 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 10-2 - Application Review

Current through July 13, 2024
(a) Assigning
				Application Review Committee (ARC).
(i) Board
				staff shall review all applications for a license.
(ii) When Board staff determines that there
				may be grounds to deny a license or approve a license subject to discipline or
				restrictions, Board staff shall refer the application to an ARC.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 10 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 10-3 - 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 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.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statutes
				  33-43-115,
				  33-43-116 and
				  16-3-103(j)(i).
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-2

Current through July 13, 2024
The Board may take disciplinary action for the
				  following:
(a) Licensee violating the
				Board's practice act or rules;
(b)
				Licensee violating a Board order;
(c) Licensee violating of any provision of
				the adopted Ethical Standards as incorporated by reference in Chapter
				1;
(d) Performing any act
				specifically authorized for a respiratory care practitioner or functioning as a
				respiratory care practitioner in Wyoming without a current license issued by
				the Board;
(e) Representation of
				oneself as licensed to engage in the practice of respiratory care without a
				license or permit;
(f) Aiding,
				abetting or assisting any other person to violate or circumvent any law or rule
				or regulation intended to guide the conduct of a respiratory care
				practitioner;
(g) Obtaining or
				attempting to obtain a license or documents of any form as a respiratory care
				practitioner by fraud or deception.
(h) Failure to cooperate in any material
				respect with a lawful investigation conducted by the Board.
(i) Violation of any provision(s) of an
				action, stipulation, agreement or order of the Board.
(j) Filing a complaint with, or providing
				information to the board which the licensee knows or ought to know is false or
				misleading. This provision does not apply to any filing of complaint or
				providing information to the board when done in good faith.
(k) Suspension, revocation, or other
				disciplinary action imposed against a license held in another jurisdiction.
(l) Conviction of a felony or
				misdemeanor that relates to the practice of respiratory care or to the ability
				to practice respiratory care, or has entered a plea of nolo contendere upon
				being charged with commission of such a felony or misdemeanor.
(m) Negligence while in practice as a
				respiratory care practitioner.
(n)
				Unauthorized possession and use of illegal or controlled substances or
				pharmacologic agents without lawful authority or prescription by an authorized
				and licensed independent practitioner of the state of Wyoming.
(o) Violation and conviction of a charge
				under the Wyoming Controlled Substance Act.
(p) Verbally, physically or mentally abusing
				patients.
(q) Sexual exploitation
				of a patient or patient's family member defined as:
(i) Any behavior by a Licensee or Certificate
				which involves offers of exchange of professional services for some form of
				sexual gratification; or
(ii)
				Unlawful or unprofessional sexual contact with a patient.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-3 - 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;
(iii) Approve a settlement agreement;
				or
(iv) Discipline the licensee,
				including:
(A) Revocation;
(B) Suspension;
(C) Refusal to renew;
(D) Probation; or
(E) Reprimand.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-4 - Summary Suspension

Current through July 13, 2024
(a) An IC may
				recommend that the Board summarily suspend a license at any time when the IC or
				Board staff believes that the licensee's continued practice imperatively
				requires emergency action to protect the public health, safety, or
				welfare.
(b) The IC shall notify
				the licensee 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 member may be assembled.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-5 - Surrender in Lieu of Discipline and License Issued in Error

Current through July 13, 2024
(a) A license may
				petition the Board in writing, to voluntarily surrender a license 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 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-6 - 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 of the licensee most recently supplied to the
				Board.
(b) The IC shall notify the
				licensee 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 licensee no less than
				thirty (30) days to show that the licensee has complied with all lawful license
				requirements.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 11 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 11-7 - Petition for Modifying Conditions or Restrictions

Current through July 13, 2024
(a) A licensee may
				petition the Board to modify any conditions or restrictions on his or her
				license. The licensee 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 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
The Wyoming Retirement Board, pursuant to W.S. §
									
										9-3-409(a), is authorized to
				  adopt rules and regulations for the administration of the Wyoming Retirement
				  System. Additionally, W.S. §
									
										16-3-102(a) requires each
				  agency to adopt rules of practice setting forth the nature and requirements of
				  all formal and informal procedures available in connection with contested
				  cases.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Definitions

Current through July 13, 2024
(a) The following
				terms apply throughout these rules and are defined as follows:
(i) "Disability Administrator" - Means the
				Wyoming Retirement System staff member responsible for administration of
				disability applications;
(ii)
				"Disability Applicant - Means any Member, who at the time of disability, is
				actively contributing to any of the pension plans administered by the Wyoming
				Retirement System, and who has applied for disability benefits;
(iii) "In service" - Means a Member who is
				actively contributing to the System, is receiving worker's compensation
				payments, is receiving disability payments under an employer's disability
				insurance policy, or is on sabbatical or other leave authorized by the Member's
				employer;
(iv) "Presiding Officer"
				- Means any person designated by the Board chairman to preside over any hearing
				provided for under these rules and regulations. Such persons may include, but
				are not limited to, a Member of the Board, an employee of the System, an
				employee of another state agency or an outside hearing officer qualified by
				reason of W.S. §
										
											16-3-112; and
(v) "System" - Means the Wyoming Retirement
				System established by W.S. §
										
											9-3-403.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Contested Case Proceedings

Current through July 13, 2024
(a) Any Member who
				receives notification from the System of a decision which adversely affects the
				Member shall be entitled to a hearing before the Board or before a hearing
				officer designated by the Board, if the Member requests a hearing in writing
				within thirty (30) days from the date of receipt of such notice.
(b) The uniform rules for contested case
				practice and procedure adopted by the Office of Administrative Hearings shall
				govern all contested case proceedings.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Incorporation by Reference

Current through July 13, 2024
(a) The following
				code, standard, rule, or regulation is incorporated by reference:
(i) Chapter 2 - Uniform Rules for Contested
				Case Practice and Procedure, adopted by the Office of Administrative Hearings
				and effective on October 17, 2014, found at:
				http://soswy.state.wy.us/Rules/RULES/9644.pdf.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 2 - DIRECT ROLLOVERS › Section 2-1 - Direct Rollovers

Current through July 13, 2024
(a) Notwithstanding
				any provision of the Plan to the contrary that would otherwise limit a
				distributee's election under this Chapter, a distributee may elect, at the time
				and in the manner prescribed by the Board, to have any portion of an eligible
				rollover distribution paid directly to an eligible retirement plan specified by
				the distributee in a direct rollover.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 2 - DIRECT ROLLOVERS › Section 2-2 - Definitions

Current through July 13, 2024
(a) The following definitions shall apply for
				purposes of the words and phrases used in this Chapter:
(i) "Eligible rollover distribution" means
				any distribution of all or any portion of the balance to the credit of the
				distributee, except that an eligible rollover distribution does not include any
				distribution which, under the Internal Revenue Code or any regulations
				thereunder, may not be rolled over, such as:
A. Any distribution that is one of a series
				of substantially equal periodic payments (not less frequently than annually)
				made for the life (or life expectancy) of the distributee or the joint lives
				(or joint life expectancies) of the distributee and the distributee's
				designated beneficiary, or for a specified period of ten years or
				more;
B. Any distribution to the
				extent such distribution is required under Section 401(a)(9) of the Internal
				Revenue Code; or
C. After-tax
				amounts unless such amount is rolled over or transferred (i.e., directly rolled
				over) to an individual retirement account described in Section 408(a) of the
				Internal Revenue Code, an individual retirement annuity described in Section
				408(b) of the Internal Revenue Code, or a Roth individual retirement account
				described in Section 408 A of the Internal Revenue Code; or such amount is
				transferred (i.e., directly rolled over) to either (1) a qualified trust which
				is part of a plan which is a under Section 401(a) of the Internal Revenue Code
				or (2) an annuity plan described in Section 403(b) of the Internal Revenue Code
				provided that either such type of plan will separately account for the
				distribution, including the taxable and non-taxable portions of the
				distribution, in a direct trustee-to-trustee transfer.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 3 - RULES OF PRACTICE AND PROCEDURES FOR CONTESTED CASES › Section 3-1 - Notification of Decision; Request for Hearing and Notice

Current through July 13, 2024
(a) Any Member who receives notification from
				the System of a decision which adversely affects the Member shall be entitled
				to a hearing before the Board or before a hearing officer designated by the
				Board, if the Member requests a hearing in writing within thirty (30) days from
				the date of receipt of such notice.
(b) A hearing shall be scheduled within a
				reasonable period following receipt of such request at a date and time mutually
				convenient for the Member and the Presiding Officer. If the Member and the
				Presiding Officer are unable to agree on a hearing date and time, the System
				shall set the hearing date and time. The System shall give reasonable written
				notice of the hearing, but not less than ten (10) days prior to the
				hearing.
(c) Computation of time:
				the computation of any period of time prescribed or allowed by these rules or
				any applicable statutes shall be in accordance with the provisions of Rule 6(a)
				and (d) of the Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 3 - RULES OF PRACTICE AND PROCEDURES FOR CONTESTED CASES › Section 3-2 - Evidentiary Hearing

Current through July 13, 2024
(a) Contested cases
				brought under the authority provided by the Wyoming Retirement Act and these
				rules shall be conducted pursuant to the Wyoming Administrative Procedure Act
				W.S. §
									§
									
										16-3-101 through
				16-3-115.
(b) For purposes of any hearing to be held,
				the issues shall be evidenced by the written notice submitted to the affected
				Member. The System shall have the right to present testimony, witnesses and
				other evidence bearing upon the issues to be decided. The affected Member shall
				have the right to appear in person, either individually or by and through
				counsel, and to present testimony, witnesses and other evidence bearing upon
				the issues. No testimony shall be received from a witness except under oath or
				affirmation which may be administered by the Presiding Officer. All
				proceedings, evidence, testimony and exhibits shall be properly recorded, and a
				record thereof shall be retained in the System files.
(c) These rules are to be liberally construed
				to assure the unbiased, fair, expeditious and impartial conduct of contested
				case proceedings before the Board or its designee.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 3 - RULES OF PRACTICE AND PROCEDURES FOR CONTESTED CASES › Section 3-3 - Recommended Decision and Final Administrative Decision

Current through July 13, 2024
(a) Following hearing, the Presiding Officer
				shall make a recommended decision to the Board. The recommended decision shall
				include findings of fact and conclusions of law on all material issues in the
				contested case.
(b) Such
				recommended decision shall be in writing, filed with the System and served upon
				all parties to the contested case.
(c) Within ten (10) days of the date of the
				Presiding Officer's recommended decision, any party may file a motion for
				rehearing for any of the reasons identified in Rule 59(a) of the Wyoming Rules
				of Civil Procedure. The Presiding Officer shall issue a written order in
				response to the motion.
(d) The
				Board shall render a final decision within a reasonable time upon receipt of
				the Presiding Officer's recommended decision.
(e) The decision of the Board upon hearing is
				a final administrative decision and is subject to judicial review in accordance
				with the Wyoming Administrative Procedure Act. Unless otherwise provided by
				law, any party aggrieved or adversely affected by a final decision in a
				contested case is entitled to judicial review in the appropriate district court
				pursuant to W.S. §
									
										16-3-114.
(f) In case of an appeal to the district
				court, the party appealing shall secure and file a transcript of the testimony
				and other evidence offered at the hearing which transcript must be verified by
				the oath of the reporter who transcribed the testimony as a true and correct
				transcript of the testimony and other evidence submitted at the
				hearing.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 6 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 6-1 - Rules Established

Current through July 13, 2024
In cases of domestic relations orders affecting the assets
				  of the Wyoming Retirement System, rules are established to provide for
				  compliance with court orders while protecting the actuarial soundness of the
				  System. The rule making authority for this chapter is provided by
				  W.S.
				  9-3-409(a). The Wyoming
				  Retirement System will make an effort to abide by the conditions set forth in
				  domestic relations orders affecting the division of retirement assets of a
				  member of the Wyoming Retirement System pursuant to W.S. W.S.
				  W.S.
				  9-3-426(b). If the Wyoming
				  Retirement Board determines the order is ambiguous, lacks sufficient
				  information, or needs further clarification, the order will be declared not
qualified
and will be returned to the parties involved
				  to petition the court and amend the order so that it will be
				  qualified.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 6 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 6-2 - Minimum Requirements for Oualification

Current through July 13, 2024
The Qualified Domestic Relations Order must provide enough
				  information for the System to make an unambiguous determination of the rights
				  of the parties specified in the order.
(a) The order must be a judgment, order
				decree, or approval of a property settlement agreement made under a valid
				domestic relations law;
(b) The
				order must relate to the provision of child support, spousal support, or
				marital property rights to a spouse, former spouse, child, or dependent of the
				System member;
(c) The order must
				create or recognize the existence of the eligible alternate payee's right, or
				must assign to the alternate payee the right to receive all or part of the
				member's benefits under the plan;
(d) The order may not require the payment of
				any type, form, option, or amount of benefit other than that allowed by Wyoming
				Retirement Statutes or by these rules.
(e) The order must specify:
(i) the name, birth date, social security
				number, and last known mailing address of the System member and the name, birth
				date, social security number, and mailing address of each alternate
				payee;
(ii) the percentage of the
				member's accrued annuity benefits or account, and the percentage of
				pre-retirement death benefits;
(iii) the number of payments or period to
				which the order applies; and
(iv)
				each retirement plan to which the order applies.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 6 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 6-4 - Definitions

Current through July 13, 2024
(a) "Alternate Payee" means a spouse, former
				spouse, child, or other dependent of a member or retiree who is recognized by a
				domestic relations order as having a right to receive all or a portion of the
				benefits payable by the Wyoming Retirement System with respect to such member
				or retiree.
(b) "Domestic Relations
				Order" means any judgment, decree, or order, including approval of a property
				settlement agreement, which relates to the provision of child support, spousal
				support, or marital property rights to a spouse, former spouse, child, or other
				dependent of a member of the Wyoming Retirement System, is made pursuant to a
				valid domestic relations law, and which creates or recognizes the existence of
				an alternate payee's right to, or assigns to an alternate payee the right to,
				receive all or a portion of the benefits payable to the member of the Wyoming
				Retirement System.
(c) "Qualified
				Domestic Relations Order" means a domestic relations order which creates or
				recognizes the existence of an alternate payee's right, or assigns to an
				alternate payee the right, to receive all or a portion of the benefits payable
				with respect to a member or retiree under the Wyoming Retirement System, which
				directs the Wyoming Retirement System to disburse benefits to the alternate
				payee, and which meets the requirements of Chapter VI of these rules.
(d) "Account" or "member account means the
				member's contributions paid by an employer under
				W.S.
				9-3-412 and any amounts transferred to the
				system from a terminated system on behalf of the member, plus interest
				compounded annually at a rate determined by the board not to exceed the average
				annual investment yield earned on the assets of the system.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 7 - MILITARY SERVICE CREDIT › Section 7-1 - Authority

Current through July 13, 2024
Pursuant to Wyoming Statute §
									
										9-3-409(a), the Wyoming
				  Retirement Board is authorized to adopt rules and regulations for the
				  administration of the Wyoming Retirement System. Further, pursuant to W.S.
				  §
									
										9-3-417(c), the Board is
				  authorized to adopt rules and regulations to allow credit in the retirement
				  system for any period of time which a participating member spends in active
				  military or other emergency service of the United States pursuant to the
				  Uniformed Services Employment and Reemployment Rights Act (USERRA),
				  38 U.S.C.
				  4301 et seq., and the Wyoming Military
				  Service Relief Act (WMSRA), W.S. §§
									
										19-11-101 through
				  19-11-124.
Wyoming Administrative Code › Agency 072 - Retirement System › Sub-Agency 0003 - Retirement Board › Chapter 7 - MILITARY SERVICE CREDIT › Section 7-2 - Qualified Military Service

Current through July 13, 2024
Performance of duty on a voluntary or involuntary basis in a
				  uniformed service under competent authority including active duty, active duty
				  for training, initial active duty for training, inactive duty training,
				  full-time national guard duty, a period for which a person is absent from a
				  position of employment for the purpose of an examination to determine the
				  fitness of the person to perform any such duty and active state service by
				  members of the national guard who are activated pursuant to a call of the
				  governor as provided by law.