reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 3 - RENEWAL AND RELICENSURE › Section 3-1 - Authority

Current through July 13, 2024
The Board is authorized under Wyoming Statute
				  33-23-109(a)  and
				  -116 to promulgate rules and regulations related to the application, licensure,
				  and renewal procedures to practice optometry in Wyoming.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 3 - RENEWAL AND RELICENSURE › Section 3-2 - Annual Licensure Renewal

Current through July 13, 2024
(a) Notice. Failure to receive notice for
				renewal of a license or certificate shall not excuse a licensee from the
				requirement for renewal under the Act and these Board Rules.
(b) Expiration.
(i) All licenses and certificates shall
				expire on April 1 of each year. License renewal applications and fees shall be
				postmarked no later than April 1 to be timely.
(ii) Unless a licensee timely renews their
				license, the licensee shall not practice after April 1.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 3 - RENEWAL AND RELICENSURE › Section 3-3 - Requirements

Current through July 13, 2024
(a) CE Requirements for Renewal. As a
				condition for renewal, each licensee shall complete a total of forty (40) hours
				of CE.
(b) Timeframe for Earning CE
				for Renewal.
(i) The first renewal period
				begins on January 1st following the date their license was issued. Following
				the first renewal period, if the license was issued in an even year the
				licensee shall submit twenty (20) hours of CE. If the license was issued in an
				odd year the licensee shall submit forty (40) hours of CE.
(ii) CE will be required following the first
				renewal period and each two (2) calendar years thereafter.
(iii) Only those CE acquired during the CE
				reporting period will be considered. Duplicate courses taken during a CE
				reporting period will not be accepted.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 3 - RENEWAL AND RELICENSURE › Section 3-4 - Reinstatement

Current through July 13, 2024
(a) Failure to timely renew may subject the
				licensee to disciplinary action for unlicensed practice.
(b) Reinstatement.
(i) Licensees that failed to timely renew may
				apply for reinstatement from April 2 to June 30. However, licensees shall not
				practice until the Board approves their request.
(ii) Licensees applying for reinstatement
				shall comply with the requirements in Section
				3.
(iii) If an expired license is not reinstated
				by June 30, an applicant may seek relicensure.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 3 - RENEWAL AND RELICENSURE › Section 3-5 - Relicensure

Current through July 13, 2024
(a) Eligibility. An applicant may seek
				relicensure if the applicant has been licensed in Wyoming and either failed to
				reinstate or is seeking to return to active clinical practice.
(b) Application Requirements. Applicant
				shall:
(i) Submit a completed relicensure
				application and payment of fee;
(ii) Demonstrate competency by:
(A) Submitting verification showing
				completion of twenty (20) hours of CE that meets the requirements in Section
				3 for every year the license has been
				lapsed, not to exceed five (5) years; or
(B) Submitting verification showing
				successful completion of parts one (1), two (2), and three (3) of the
				examination administered by NBEO within the last five (5) years, if not
				actively practicing within the last five (5) years; and
(iii) Successfully pass the jurisprudence
				examination.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 3 - RENEWAL AND RELICENSURE › Section 3-6 - Reinstatement Subject to Discipline

Current through July 13, 2024
(a) Eligibility. An applicant may seek
				reinstatement subject to discipline if that license has been revoked,
				surrendered, suspended, conditioned, or restricted and no longer holds a
				license.
(b) Application
				Reinstatement Requirements. The applicant shall:
(i) Submit a completed reinstatement subject
				to discipline application and payment of fee;
(ii) Submit evidence of complying with the
				requirements of a previous Board order, if applicable;
(iii) Submit evidence of applicant's ability
				to safely and competently practice; and
(iv) Submit evidence demonstrating just cause
				for reinstatement subject to discipline.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 4 - FEES › Section 4-1 - Authority

Current through July 13, 2024
The Board is authorized under Wyoming Statutes
				  33-23-109(d),
				  33-23-116, and
				  16-3-113(j) to
				  promulgate rules and regulations related to the establishment of fees for the
				  standard examination, initial license and the annual renewal of
				  licenses.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 4 - FEES › Section 4-2 - General Information

Current through July 13, 2024
(a) Fees shall be
				payable in the exact amount and shall be paid in advance of the services
				rendered.
(b) All fees collected by
				the Board are non-refundable.
(c)
				Fees related to public records requests shall be assessed pursuant to the
				Department of Administration and Information's rules concerning public
				records.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 4 - FEES › Section 4-3 - Fees

Current through July 13, 2024
Services for which the Board charges a fee shall include, but
				  is not limited to, the following fee schedule.
(a) License by Examination Fee
$450.00
(b) License by Endorsement Fee
$800.00
(c) Jurisprudence Re-Examination Fee
$250.00
(d) License Renewal Fee
$310.00
(e) Reinstatement Fee
$350.00
(f) Continuing Education Late Fee
$300.00
(g) Relicensure Fee
$500.00
(h) Reinstatement Subject to Discipline Fee
$500.00
(i) Duplicate Document Fee
$25.00
(j) License Verification Fee
$50.00
(k) Non-Sufficient Fund Fee
$30.00
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-1 - Authority

Current through July 13, 2024
The Board is authorized under Wyoming Statute
				  33-23-116 to promulgate rules and
				  regulations related to the standards of optometry practice in Wyoming.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-2 - Practice of Optometry

Current through July 13, 2024
(a) The practice of optometry occurs where
				the patient is located or receives services regardless of means, in person or
				electronic.
(b) Furnishing or
				providing a contact or ophthalmic lens prescription is the practice of
				optometry.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-3 - Optometric Procedures and Training

Current through July 13, 2024
(a) Licensees shall
				only use devices and treatments for which they are appropriately trained. All
				treatment shall be necessary and within the scope of practice defined within
				W.S.
				33-23-101. The licensee shall demonstrate to
				the Board competency, training, and/or expertise should their ability to use a
				specific device or treatment be called into question.
(b) The following laser procedures shall be
				within the scope of practice of optometry:
(i) Laser Peripheral Iridotomy;
(ii) Selective Laser Trabeculoplasty;
				and
(iii) Yag Capsulotomy.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-4 - Contact and Ophthalmic Lens Prescriptions

Current through July 13, 2024
(a) Expiration of
				Prescriptions.
(i) Contact lens prescriptions
				shall expire one (1) year from the date of issuance.
(ii) Ophthalmic lens prescriptions shall
				expire two (2) years from the date of issuance.
(iii) A licensee may set an expiration date
				of earlier than one (1) or two (2) year expiration periods identified above
				only if that date is based on the licensee's medical judgment about the
				patient's eye health. In these cases, the licensee shall document the medical
				reason for the shorter expiration date with enough detail to allow for review
				by a qualified medical professional. The licensee shall also maintain these
				records for at least three (3) years.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-5 - Records Retention

Current through July 13, 2024
(a) Licensees shall
				not withhold records if a patient owes an outstanding balance.
(b) Patient records shall be:
(i) Maintained for a minimum of seven (7)
				years from the date of the last patient clinical encounter;
(ii) Maintained in a physically secure and
				confidential manner; and
(iii)
				Accessible to the patient and treating doctor within a reasonable
				period.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-6 - Use of Optometry Assistants

Current through July 13, 2024
A licensee may employ an optometry assistant(s). All
				  optometry assistants shall practice under the licensee's general
				  supervision.
(a) General supervision
				means the procedures are performed under a licensee's overall direction and
				control. The licensee's physical presence is not required during the
				performance of the procedures. The training of assistants who actually perform
				the diagnostic procedure and maintain necessary equipment and supplies is the
				continuing responsibility of the licensee.
(i) Assistants shall not write
				orders.
(ii) The testing of
				patients can only be performed upon the verbal or written direction of the
				licensee.
(iii) The physical
				presence of the licensee is not required if the assistant can easily contact
				the licensee. Treatment plans, however, can only be directed once the licensee
				physically reviews test results.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 5 - STANDARDS OF PRACTICE › Section 5-7 - Externships

Current through July 13, 2024
(a) An externship
				is when an optometric student is allowed to practice optometry in a clinical
				setting under the direct supervision of a licensee.
(b) The licensee shall comply with all
				necessary documentation and contracts to become an outreach facility with an
				optometric institution.
(i) The educational
				institution and the licensee bear liability for all acts and omissions of the
				extern.
(ii) Direct supervision
				means the licensee must be physically present in the office and immediately
				available to assist and direct throughout the performance of the procedure. It
				does not mean that the licensee must be present in the room when the procedure
				is being performed.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 6 - HANDLING OF COMPLAINTS AGAINST LICENSEES & DEFICIENT APPLICATIONS › Section 6-1 - Complaints

Current through July 13, 2024
(a) Any complaint made against a licensee
				shall be made in writing on a complaint form provided by the Board, signed by
				the complainant
,
and should include the following
				information:
(i) Name, address, place of
				employment and position of the individual believed to have violated the Board's
				Practice Act or its rules and regulations;
(ii) The nature of the complaint and a
				description of the incident(s) involved, including date(s), time(s), and
				location(s) and any other relevant information which substantiates an
				infraction of the Board's Practice Act or its rules and regulations;
(iii) The names, addresses and phone numbers
				of other witnesses, if available;
(iv) The written and verbal statements of
				other witnesses, if available.
(v)
				The signature
,
address and phone number of the person
				making the complaint.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 6 - HANDLING OF COMPLAINTS AGAINST LICENSEES & DEFICIENT APPLICATIONS › Section 6-2 - Investigations of Complaints

Current through July 13, 2024
(a) The Board
				President shall assign a complaint to an investigative committee which shall
				consist of one Board member who shall investigate the allegations in the
				complaint and determine if the allegations are substantiated.
(b) Upon completion of the investigation, the
				investigative committee may:
(i) File a formal
				Petition and Complaint and Notice of Hearing, in conjunction with the
				prosecuting attorney assigned by the Attorney General's Office.
(ii) Recommend the Board dismiss the
				complaint; or
(iii) Recommend the
				Board approve a settlement agreement between the licensee and the investigative
				committee.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 6 - HANDLING OF COMPLAINTS AGAINST LICENSEES & DEFICIENT APPLICATIONS › Section 6-3 - Disposition of Complaints

Current through July 13, 2024
(a) The Board may
				resolve a complaint by any of the following actions:
(i) Hearing the matter in a contested case
				proceeding;
(ii) Dismissing the
				complaint;
(iii) Approving any
				settlement agreement reached between the licensee and the investigative
				committee.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 6 - HANDLING OF COMPLAINTS AGAINST LICENSEES & DEFICIENT APPLICATIONS › Section 6-4 - Investigations of Applicants

Current through July 13, 2024
(a) The Board
				President shall assign any application which appears deficient or problematic
				to an application review committee, which shall consist of one Board member who
				shall investigate the problems or deficiencies with the application and
				determine if the problems or deficiencies are substantiated and if so, whether
				they should preclude licensure.
(b)
				Upon completion of the investigation, the application review committee may:
(i) Recommend the Board deny the
				application;
(ii) Recommend the
				Board issue a license; or
(iii)
				Recommend the Board approve a settlement agreement between the applicant and
				the application review committee.
(A) If the
				Board denies the application, notice of the denial shall be sent by letter to
				the applicant's last known address, certified, return receipt requested,. The
				applicant shall have thirty (30) days to request, in writing, a formal
				contested case proceeding before the Board on the denial of his/her
				application. If no such request is made, the denial will be final.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 6 - HANDLING OF COMPLAINTS AGAINST LICENSEES & DEFICIENT APPLICATIONS › Section 6-5 - Disposition of Deficient or Problematic Applications

Current through July 13, 2024
(a) The
				Board may resolve a deficient or problematic application by any of the
				following actions:
(i) Denying the application
				and providing the applicant notice that he/she has thirty (30) days in which to
				submit a written request, in writing, for a contested case hearing on the
				denial;
(ii) Hearing the matter in
				a contested case proceeding;
(iii)
				Issuing the license;
(iv) Approving
				a settlement agreement between the applicant and the application review
				committee.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 7 - GROUNDS FOR DISCIPLINE › Section 7-1 - Authority

Current through July 13, 2024
The Board is authorized under Wyoming Statute
				  33-23-110, -116, and the WAPA to
				  promulgate rules and regulations related to the discipline of optometrists in
				  Wyoming.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 7 - GROUNDS FOR DISCIPLINE › Section 7-2 - Grounds for Disciplinary Action

Current through July 13, 2024
The Board may take disciplinary action or refuse to issue or
				  renew a license for one (1) or more of the following acts or conduct:
(a) A violation of the Act or Board Rules,
				including:
(i) Denial of a license to practice
				optometry, or any disciplinary action against a licensee, by any other state,
				territory, or country;
(ii) Failing
				to report to the Board known or suspected violations of the laws and
				regulations governing the practice of optometry in Wyoming;
(iii) Submitting false information to the
				Board;
(iv) Failing to notify the
				Board of a malpractice final judgment or settlement within thirty
				days;
(v) Aiding or abetting the
				practice of optometry in Wyoming by any person not licensed to practice in
				Wyoming;
(vi) Fraudulent
				billing;
(vii) Using any term other
				than "optometrist" or "Doctor of Optometry" to reflect licensure; or
(viii) Loaning of a license issued by the
				Board.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 8 - INFORMATION PRACTICES › Section 8-1 - Disclosure

Current through July 13, 2024
(a) The personal information compiled by the
				Board concerning each Applicant or Licensee is confidential and shall be
				released only to the person to whom the record pertains, or to others upon
				presenting written consent of the licensee
,
subpoena
				or court order.
(b) Disclosure of
				confidential records and public records shall also be governed by W.S. §
									
										16-4-201 et. seq.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 8 - INFORMATION PRACTICES › Section 8-2 - Access

Current through July 13, 2024
(a) An Applicant or Licensee, or others with
				the Applicant's or Licensee's notarized written consent may personally inspect
				the contents of the applicable Board file with the following exceptions:
(i) Personal and professional
				recommendations.
(ii) Unofficial
				complaints.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 8 - INFORMATION PRACTICES › Section 8-3 - Correction and Amendment

Current through July 13, 2024
An Applicant or Licensee may clarify or correct erroneous,
				  inaccurate or misleading information in the License file by submitting a
				  written statement which shall be placed in the file.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 8 - INFORMATION PRACTICES › Section 8-4 - Change of Name and/or Address

Current through July 13, 2024
(a) A Licensee
				shall notify the Board in writing of any change in legal name within thirty
				(30) days of the change.
(b) A
				licensee shall notify the Board in writing of any change of home and/or
				professional mailing addresses and telephone numbers within thirty (30) days of
				the change.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 8 - INFORMATION PRACTICES › Section 8-5 - Verification of Licensure to Another Jurisdiction

Current through July 13, 2024
Upon receipt of a written request for verification of
				  licensure and the required administrative fee, the Board shall provide the
				  requested information to the jurisdiction(s) specified by the
				  Licensee.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 8 - INFORMATION PRACTICES › Section 8-6 - Requests for Roster of Licensees

Current through July 13, 2024
(a) The roster
				shall be made available to state agencies and Licensees upon written request.
				The roster is available, if requested, by e-mail.
(b) Any other organization may obtain a
				roster in the following manner:
(i) A money
				order or cashiers check in the amount of $100.00 must accompany a "Release of
				List of Licensee" form for a printed copy.
(ii) A money order or cashiers check in the
				amount of $200.00 and a standard personal computer diskette must accompany a
				"Release of List of Licensee" form for an electronic copy of the roster. The
				data will be presented in the software format currently used by the Board. The
				roster is also available by e-mail.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 9 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 9-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
				  33-23-110 and
				  16-3-103(j)(i).
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 9 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 9-2 - 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 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 9 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 9-3 - Hearing Procedure

Current through July 13, 2024
(a) Upon receiving
				a written request for a hearing from an applicant, the Board or a hearing
				officer appointed by the Board shall begin a contested case proceeding. Board
				staff or the hearing officer shall serve a Notice of Hearing on the applicant
				at least thirty (30) days before the hearing. The Notice of Hearing shall
				contain:
(i) A brief statement of the matters
				asserted, including:
(A) The ARC's
				recommendation;
(B) The facts upon
				which the recommendation is based; and
(C) The statutory provisions or Board rules
				the applicant is alleged to have violated or failed to meet to qualify for
				licensure.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
				  33-23-110 and
				  16-3-103(j)(i).
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-2

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.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-3 - 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 revocation, suspension, restriction, condition, or
				reprimand.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-4 - 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 members may be assembled.
Wyoming Administrative Code › Agency 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-5 - Surrender in Lieu of Discipline and Licenses Issued in Error

Current through July 13, 2024
(a) A licensee 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 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-6 - Hearing Procedure

Current through July 13, 2024
(a) There shall be
				a presumption of lawful service of a Notice of Intent, Petition, Notice of
				Hearing, or any other communication required by these rules if sent by U.S.
				mail to the address the 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 056 - Optometry, Board of Examiners in › Sub-Agency 0001 - Optometry, Board of Examiners in › Chapter 10 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 10-7 - 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 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are adopted pursuant to
				  W.S.
				  23-2-401, W.S.
				  W.S.
				  23-2-406 et. seq., W.S.
				  W.S.
				  33-1-201, and the Wyoming Administrative
				  Procedure Act, W.S. W.S.
				  W.S.
				  16-3-101 et. seq.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Definitions

Current through July 13, 2024
(a) The definitions
				in W.S.
				23-2-406 apply to these rules.
(b) Additional definitions include:
(i) "Area" means a hunt area as described in
				current big or trophy game hunting regulations as determined by the Wyoming
				Game & Fish Department.
(ii)
				"Booking Agent" means any individual, firm, business, partnership, or
				corporation that makes arrangements for the use of the services of a licensed
				outfitter and receives compensation therefore. A booking agent does not supply
				personnel or facilities and services to outfitter clientele.
(iii) "Client" means a person who engages the
				professional services of a licensed outfitter.
(iv) "Compensation" and "Remuneration" mean
				payment of any kind, without regard to value or agreement, including tips,
				presents, exchange of property or services, or bartering for guide
				services.
(v) "Conviction" means a
				finding of guilt, forfeiture of bail bond or collateral deposited to secure a
				defendants appearance, or entry of a nolo contendere plea.
(vi) "State" means the State of
				Wyoming.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Savings Clause

Current through July 13, 2024
If any provision of these rules or their application to any
				  person or circumstances are invalid or in conflict with any other provision of
				  these rules, the invalidity shall not affect other provisions or application of
				  these rules which can be given effect without the invalid provision or
				  applications and to this end the provisions of these rules are
				  severable.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-1 - Outfitter Qualifications

Current through July 13, 2024
(a) To qualify for
				a new outfitter license, in addition to meeting the requirements of Wyoming
				Statute §
									
										23-2-411(a), an applicant
				shall:
(i) Be certified in first
				aid;
(ii) If born on or after
				January 1, 1966, possess a certificate of competence and safety in the use and
				handling of firearms (hunter safety card); and
(iii) Have knowledge of the hunt area(s)
				where they plan to operate.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-2 - Outfitter License Application

Current through July 13, 2024
(a) To obtain an
				outfitter license, an applicant shall complete the outfitter license
				application on forms provided by the Board. The applicant shall submit to the
				Board:
(i) A complete application;
(ii) The new outfitter application fee
				required by Chapter 5 of these Rules;
(iii) An Outfitter Operation Plan;
(iv) A copy of their current and valid first
				aid certification;
(v) If born on
				or after January 1, 1966, a copy of their hunter safety card;
(vi) A letter of intent from an insurance
				company indicating the insurance company will issue the applicant a liability
				insurance policy if the outfitter license is approved; and
(vii) Documented evidence that the applicant
				has at least 70 days of experience in the field guiding hunters as a licensed
				professional guide or licensed outfitter, or documented evidence of the
				applicant's other training, experience, or education applicable to outfitting.
				Documented evidence may include but is not limited to:
(A) Letters of reference from employing
				outfitters;
(B) Records of game
				pursued, including dates and locations; or
(C) Copies of outfitter annual
				reports.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-3 - Outfitter Examination

Current through July 13, 2024
(a) The Board shall
				administer a written, closed-book examination to applicants for an outfitter
				license to test the applicant's knowledge of the Act, Board rules, Game &
				Fish laws, Forest Service and BLM outfitting and land use policies, first aid,
				general hunting and outdoor skills, habits of game sought, hunting techniques,
				care of meat and trophies, and applicable firearm laws.
(i) The Board shall administer the
				examination as needed January through June for outfitter license applicants for
				the current year.
(ii) The Board
				shall administer the examination as needed July through December for outfitter
				license applicants for the following year.
(iii) The Board shall administer the
				examination in the Board office, unless the Board waives this requirement for
				extenuating circumstances.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-4 - Outfitter License

Current through July 13, 2024
(a) The Board shall
				approve a license application when the applicant has met the licensing
				requirements of Sections 1 and 2 of this Chapter.
(b) Upon the Board's approval of an
				application, the applicant shall submit the outfitter license fee required by
				Chapter 5 of these Rules and proof of liability insurance within 60
				days.
(c) The Board shall issue a
				license when the applicant has met the requirements of the Act and paid the
				license fee, submitted proof of liability insurance, passed the outfitter
				examination, passed an equipment inspection by the Board (if one is required),
				and attended the outfitter training course provided by the Board.
(d) The Board shall issue all licenses in the
				name of the outfitter.
(e)
				Outfitters shall maintain a liability insurance policy that meets the
				requirements of W.S. §
									
										23-2-413(d) for the entire
				licensing period. Failure to maintain a liability insurance policy immediately
				voids the outfitter license.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-5 - Outfitter Hunt Areas

Current through July 13, 2024
(a) Applicants for
				new outfitter licenses shall indicate the hunt area(s) where they intend to
				operate and shall provide all information about the hunt area(s) required on
				the Outfitter Operation Plan form.
(b) Licensed outfitters may apply for
				additional hunt area authorizations by submitting a Supplemental Hunt Area
				Request form and an amended Outfitter Operation Plan to the Board. In lieu of
				the Supplemental Hunt Area Request form, the licensee may submit a letter of
				intent from the controlling public land agency, private landowner, owner's
				agent, or lessor that indicates the species and hunt areas where the licensee
				may operate.
(c) For any hunt areas
				shown on the Outfitter Operation Plan, the applicant or licensee shall secure
				written endorsement from the public land agency, private landowner, owner's
				agent, or lessor on a form provided by the Board. For any private lands shown
				on the Outfitter Operation Plan, the applicant or licensee shall also submit a
				Surface Management Status Map. All written records submitted by an applicant
				involving landowner permission or leases shall remain confidential to the
				extent allowed by the Wyoming Public Records Act, W.S. §
									
										16-4-201 through
				16-4-205.
(d) Outfitters shall not operate outside hunt
				areas approved by the Board in the Outfitter Operation Plan, Supplemental Hunt
				Area Request form, or letter of intent.
(e) The Board retains final authority
				regarding license issuance and hunt area authorization. The Board may restrict
				the species and the hunt area where a licensee may outfit hunting clients based
				upon sound game and land use management principles or based upon
				recommendations by the Wyoming Game and Fish Commission.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-6 - Outfitters Required to Sign and Provide License Number on Hunter's License

Current through July 13, 2024
(a) All outfitters
				shall sign their client's hunting license, including their outfitter license
				number, before the client begins hunting.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-7 - Outfitter Annual Report

Current through July 13, 2024
(a) Each licensed
				outfitter shall submit a signed Outfitter's Annual Report for the calendar year
				the license was valid.
(i) The outfitter may
				use the form provided by the Board or a similar form that includes the same
				information.
(ii) Information in
				the report shall be legible, accurate, and complete.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-8 - Outfitter License Renewals

Current through July 13, 2024
(a) Applications to
				renew outfitter licenses are due on December 1. Any application post-marked or
				received after December 31 shall be treated as a new outfitter license
				application and the new license application fee shall apply.
(b) If the Outfitter's Annual Report required
				by Section 7 of this Chapter is not timely filed, any renewal application shall
				be treated as a new outfitter license application and the new license
				application fee shall apply.
(c) An
				outfitter license may be renewed and the same license number retained for the
				next license year if the applicant is not applying for additional hunt area(s)
				or services.
(d) To renew an
				outfitter license, an outfitter shall submit to the Board:
(i) A completed outfitter license renewal
				form;
(ii) Current proof of
				insurance; and
(iii) The outfitter
				license fee required by Chapter 5 of these Rules.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-9 - Professional Guide Qualifications

Current through July 13, 2024
(a) To qualify for
				a professional guide license, in addition to meeting the requirements of W.S.
				§
									
										23-2-412(a), an applicant
				shall:
(i) Be certified in first aid;
				and
(ii) If born on or after
				January 1, 1966, possess a certificate of competence and safety in the use and
				handling of firearms (hunter safety card).
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-10 - Professional Guide License Application

Current through July 13, 2024
(a) To obtain a
				professional guide license, an applicant shall complete the professional guide
				license application on forms provided by the Board. The applicant shall submit
				to the Board:
(i) A complete
				application;
(ii) The new
				professional guide application fee required by Chapter 5 of these
				Rules;
(iii) The professional guide
				license fee required by Chapter 5 of these Rules;
(iv) A copy of their current and valid first
				aid certification;
(v) If born on
				or after January 1, 1966, a copy of their hunter safety card; and
(vi) The professional guide
				examination.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-11 - Professional Guide Examination

Current through July 13, 2024
(a) The Board shall
				administer an open-book, written examination to applicants for a professional
				guide license to test the applicant's knowledge of the Act, Board rules, Game
				& Fish laws, Forest Service and BLM land use policies, first aid, other
				general hunting and outdoor skills, habits of game sought, hunting techniques,
				care of meat and trophies, and applicable firearm laws.
(b) To pass the examination, an applicant
				must receive a score of at least 75%. An applicant who fails the examination
				may take the examination again after 30 days.
(c) An applicant who fails the examination
				twice in a calendar year shall not be eligible to retake the examination until
				the applicant submits a new professional guide application, new professional
				guide application fee, and license fee.
(d) A passing score on the examination is
				valid for 1 year from the date taken.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-12 - Professional Guide License Renewals

Current through July 13, 2024
(a) Renewal
				applications for professional guide licenses are due prior to December
				31.
(b) Professional guides
				licensed in either of the prior 2 calendar years may submit a renewal
				application and are exempt from taking the professional guide examination and
				paying the application fee required for first-time applicants.
(c) To renew a professional guide license, a
				professional guide shall submit the following:
(i) A completed professional guide renewal
				form; and
(ii) The professional
				guide license fee.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 2 - LICENSING PROVISIONS › Section 2-13 - Proof of Licensure Required

Current through July 13, 2024
(a) Licensees shall
				carry their outfitter or professional guide license (or a facsimile or mobile
				device photo copy) at all times when providing outfitting or professional guide
				services.
(b) To be valid, a
				professional guide license must be signed by the employing or contracting
				outfitter, including the outfitter's license number and the date(s) that the
				licensee is employed by or operating under an independent contract with the
				licensed outfitter.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 3 - REGULATORY PROVISIONS › Section 3-3 - Denial, Suspension and Revocation

Current through July 13, 2024
Failure to comply with any provision of these Rules shall be
				  grounds for denial of an outfitter or professional guide license or any other
				  discipline to include, but not limited to, suspension for a period not to
				  exceed three (3) years or revocation of any outfitter or professional guide
				  license issued by the Board. Suspension and revocation proceedings shall be
				  conducted in accordance with the Wyoming Administrative Procedure Act
				  W.S.
				  16-3-101 et seq. and these rules of the
				  Board.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 4 - PRACTICE AND PROCEDURE › Section 4-1 - Overview

Current through July 13, 2024
It is the intent of the Board through these Rules to
				  recognize the difference between an allegation made against a licensee and the
				  need for a formal proceeding. The Board requests the cooperation of all
				  licensees in responding to letters of inquiry dealing with allegations as
				  opposed to responses to formal proceedings. Responses to letters of inquiry are
				  voluntary whereas responses to formal proceedings are mandatory to retain the
				  rights of licensees.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 4 - PRACTICE AND PROCEDURE › Section 4-2 - Statement of Purpose

Current through July 13, 2024
These Board Rules are adopted to implement the Board's
				  authority to:
(a) Conduct
				investigations, hearings, and proceedings concerning:
(i) Actions relating to an application for a
				license, including granting or denying; or
(ii) Alleged violations of the Act or the
				Board Rules.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 4 - PRACTICE AND PROCEDURE › Section 4-3 - Definitions

Current through July 13, 2024
(a) "Act" means
				W.S.
				23-2-406 to
				23-2-418
(b) "ARC" means application review
				committee.
(c) "Board Rules" means
				the rules and regulations promulgated by the Wyoming Board of Outfitters and
				Professional Guides.
(d) "DC" means
				disciplinary committee.
(e) For
				purposes of this chapter, "license" means a license or other authorization
				issued by the Board.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 4 - PRACTICE AND PROCEDURE › Section 4-4 - Grounds for Discipline and Denial of License

Current through July 13, 2024
(a) Disciplinary
				Action. The Board may take disciplinary action or refuse to issue or renew a
				license for one (1) or more of the following acts or conduct:
(i) A violation of the Act, including any
				cause listed in W.S. 23-4-416(a);
(ii) A violation of the Board's Rules,
				including the Regulatory Provisions listed in Chapter 3; or
(iii) Failing to meet the minimum
				qualifications outlined in the Act or Board's Rules.
Wyoming Administrative Code › Agency 075 - Outfitters and Professional Guides, Board of › Sub-Agency 0001 - Outfitters and Professional Guides, Board of › Chapter 4 - PRACTICE AND PROCEDURE › Section 4-5 - Application Review and Investigation Process

Current through July 13, 2024
(a) Application
				Review and Investigation. In application and licensure matters:
(i) Every application for a license issued by
				the Board is subject to investigation to determine whether the requirements set
				forth in the Act and Board Rules are satisfied; and
(ii) Every application that reveals
				information which merits further investigation shall be assigned to the ARC.
(A) Upon completing the investigation, the
				Board's investigator shall make a written report to the ARC setting forth the
				facts discovered. The investigator may make a recommendation to the ARC as to
				the disposition of the application. The ARC is not bound by the investigator's
				recommendation.
(B) Investigation
				files of any application review which is pending are confidential and not
				public record.