Wyoming Administrative Rules 028 — Podiatry, Board of Registration

271 Podiatry, Board of Registration in

Chapter 1 General

Wyo. Code R. 028.0001.1.01312024 § 1 Authority

These rules are adopted under the Board's authority granted by Wyoming Statute 33-9-101 through -114.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.1.01312024 § 2 Definitions

As used in these rules, the following terms shall have the meanings set forth unless the context or subject matter clearly requires a different interpretation.

(a) "Act" means W.S. § 33-9-101 through 33-9-114.

(b) "APMA" means the American Podiatric Medical Association.

(c) "ARC" means Application Review Committee.

(d) "ASPMA" means the American Society of Podiatric Medical Assistants.

(e) "Board" means the Board of Registration in Podiatry.

(f) "CPME" means Council on Podiatric Medical Education.

(g) "IC" means Investigative Committee, which may consist of one or more Board members.

(h) "Podiatrist" means any licensed person who practices podiatric medicine.

(i) "JCAHO" means the Joint Commission on Accreditation of Healthcare Organizations.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.1.01312024 § 3 Board Office

The Board office is located at 2001 Capitol Ave., Room 127, Cheyenne, WY.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.1.01312024 § 4 Board Meetings

(a) The Board shall have a regular meeting annually on the second Wednesday of May.

(b) The Board shall meet as necessary at the time and place designated by the Board president.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.1.01312024 § 5 Change of Name, Address or phone number

Each applicant and licensee shall notify the Board in writing of any change to their legal name, home address, business address, e-mail address, or telephone number within thirty (30) days of the change.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.1.01312024 § 6 Verification of Licensure to Another Jurisdiction

Upon receipt of a written request for verification of licensure and the required administrative fee, the Board shall provide the information to the jurisdiction specified by the licensee.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.1.01312024 § 7 Incorporation by Reference

(a) The Board hereby incorporates by reference the following uniform rules:

(i) Chapter 2 - Uniform Procedures, Fees, Costs and Charges for Inspecting, Copying and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at http://podiatry.wyo.gov.

(ii) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at: http://podiatry.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Board office and are available at http://podiatry.wyo.gov.

History

• Effective 2024-01-31

Chapter 2 License Requirements, Application Process, and Procedure

Wyo. Code R. 028.0001.2.01312024 § 1 Authority

These rules are promulgated under the Board's authority to establish the requirements and procedures for licensure pursuant to Wyoming Statute 33-9-104, 105, 107, and 111.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 2 Application Status

(a) For those applicants seeking licensure, all requirements shall be met during the timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed "complete" when all necessary documentation has been received by the Board office.

(c) Applications shall expire one (1) year after submission. If an application expires, an applicant shall submit a new application, including payment of fee.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 3 Jurisprudence Examination

(a) Every applicant shall be required to take the jurisprudence exam as part of their application for licensure.

(b) To successfully pass the jurisprudence examination, the applicant shall score at least 80%.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 4 Initial Licensure by Education and Examination

(a) Eligibility. An applicant may seek initial licensure if the applicant is not currently licensed to practice in another jurisdiction and if the applicant has never been licensed in Wyoming.

(b) Application Requirements. Each applicant for licensure shall:

(i) Submit a completed initial application;

(ii) Pay the applicable fee;

(iii) Have an official transcript from a school of podiatry accredited by CPME, or its successor, that reflects the award of a Doctor of Podiatric Medicine degree sent directly from the school to the Board office;

(iv) Have a letter verifying successful completion of a residency program approved by the CPME, or its successor, sent directly from the program to the Board office;

(v) Have a passing score verification for parts one (1), two (2), and three (3) of the examination from the National Board of Podiatric Medical Examiners or its successor sent directly to the Board office; and

(c) To be able to perform surgical treatment of the ankle and tendons that insert into the foot, the applicant shall also send the Board office verification of completion of a podiatric surgical residency training program approved by the CPME or its successor.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 5 License by Reciprocity

(a) Eligibility. An applicant may seek licensure by reciprocity if the applicant is currently licensed to practice in another jurisdiction with licensure requirements as stringent as Wyoming, has held that license for at least one (1) year, and can present satisfactory proof of endorsement from that jurisdiction. Satisfactory proof of endorsement shall mean a license in good standing without restriction, condition, or other disciplinary action.

(b) Application Requirements. Each applicant for licensure by reciprocity shall::

(i) Submit a completed application;

(ii) Pay the applicable fee; and

(iii) Have an official verification of a license or certificate in good standing sent directly to the Board office from all jurisdictions where the applicant holds a current license and has held that license for at least one (1) year.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 6 License Renewal

(a) All licenses issued by the Board shall expire on July 1.

(b) Renewal Procedure. Each licensee seeking to renew his or her license shall:

(i) Submit a completed renewal application that must be postmarked no later than July 1.

(ii) Pay the applicable fee; and

(iii) In even numbered years, submit verification of forty (40) hours of continuing education that complies with Section 78.

(c) X-Ray Machine Inspection. If a licensee uses an x-ray machine other than those at a JCAHO, State, or Federal accredited hospital or a JCAHO or State accredited surgical center, the licensee shall have that machine inspected by a qualified radiation expert at least every five (5) years. The licensee shall submit evidence of that inspection with his or her renewal application.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 7 Continuing Education Requirements

(a) Initial Renewal. A licensee shall be exempt from the continuing education requirement for the first renewal after being issued an initial license.

(b) Continuing Education Requirements. A licensee shall complete a minimum of forty (40) hours of continuing education every two (2) years to renew a license. Three (3) of the required forty (40) hours of continuing education shall be related to the responsible prescribing of controlled substances. All continuing education hours shall be earned within two (2) years prior to the license expiration date. There shall be no carryover of hours from one renewal period to another.

(c) Continuing Education Content. The content of continuing education shall relate to the scope of practice of podiatry as defined in W.S. 33-9-101(a)(i). Appropriate content includes, but is not limited to the following:

(i) Clinical medicine and surgery topics;

(ii) Risk management associated with patient care (e.g., understanding of and proper documentation of complications, effective communication with patients, and informed consent);

(iii) Medical and professional ethics;

(iv) Public health; and

(v) Epidemiology and related issues.

(d) Sponsorship and Approved Course/Programs. The Board shall accept:

(i) Programs approved by the APMA and their affiliated organizations;

(ii) Programs approved for Category 1 credit of the American Medical Association, and their affiliated organizations; and

(iii) Programs by sponsors approved by the CPME to conduct continuing education.

(iv) Other educational courses/programs approved by the Board.

(e) Compliance Review.

(i) Every renewal application shall be reviewed to ensure compliance with the requirements of this section.

(ii) The ARC shall send a Notice of Deficiency to a renewal applicant if:

(A) The applicant is unable to provide satisfactory documentary evidence of compliance with this section; or

(B) The ARC does not approve the continued education claimed by the applicant.

(iii) Within sixty (60) days from the date of the Notice of Deficiency, the applicant shall submit:

(A) Satisfactory documentary evidence of continuing education to correct the deficiency; or

(B) A written request for the Board to review the ARC's denial of claimed continuing education.

(iv) If the applicant/licensee does not provide satisfactory documentary evidence or request Board review, the application shall be denied.

(v) Continuing education earned and submitted in response to the Notice of Deficiency shall not be used to demonstrate competency in the next renewal.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 8 Failure to Timely Renew

(a) Unlicensed Practice. Failure to timely renew may subject the licensee to disciplinary action for unlicensed practice.

(b) Administrative Grace Period.

(i) The administrative grace period shall be from July 1 to October 1 annually.

(ii) A licensee who failed to timely renew may apply for renewal during the administrative grace period. However, the licensee shall not practice until the Board issues his or her license.

(iii) On or before October 1, a licensee who failed to timely renew shall:

(A) Submit a completed renewal application postmarked no later than October 1;

(B) Pay the applicable fee; and

(C) In even numbered years, submit verification of completion of forty (40) hours of continuing education that complies with Section 7.

(iv) On October 2, any license not renewed during the administrative grace period shall be revoked. If a license is revoked under this section, the podiatrist shall apply for relicensure.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 9 Relicensure

(a) Eligibility. An applicant may seek relicensure if the applicant has been licensed in Wyoming and allowed his or her license to be revoked due to failure to timely renew.

(b) Application Requirements. Applicant shall:

(i) Submit a completed relicensure application;

(ii) Pay the applicable fee; and

(iii) Submit evidence of completion of forty (40) hours of CE for every two (2) years since the last license renewal that complies with Section 7. The total number of CE hours will be determined pro rata on a case-by-case basis.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.2.01312024 § 10 Reinstatement

(a) Eligibility. An applicant may seek reinstatement if the applicant's Wyoming license has been revoked, or surrendered.

(b) Application Requirements. Applicant shall:

(i) Submit a completed reinstatement application;

(ii) Pay the applicable fee;

(iii) Submit evidence of complying with the requirements of a previous Board order; if applicable;

(iv) Submit evidence of the applicant's ability to safely skillfully, and competently practice;

(v) Submit evidence of completion of forty (40) hours of continuing education for every two (2) years since the last license was active that complies with Section 7. The total number of CE hours shall be determined pro rata on a case-by-case basis; and

(vi) Submit evidence demonstrating just cause for reinstatement.

History

• Effective 2024-01-31

Chapter 3 Fees

Wyo. Code R. 028.0001.3.01312024 Fees

CHAPTER 3

Chapter 3

Fees

Section 1. Authority. These rules are adopted promulgated under the Board's authority in Wyoming Statute 33-9-104, 105, 107, 111, and 114.

Section 2. General Information.

(a) Fees shall be payable in the exact amount, by personal check, money order, or cashier's check for all services and shall be paid in advance of the services rendered.

(b) All fees collected by the Board are non-refundable.

Section 3. Fees. Services for which the Board charges a fee shall include:

(a) Application Fees

(i) Podiatrist License $800.00

(ii) Podiatric Assistant Certificate $50.00

(b) License Renewal Fee $400.00

(c) Duplicate Wall Certificate $25.00

(d) Verification of License $25.00

(e) Transfer of Podiatric Assistant Certificate $20.00

(f) Re-Licensure $450.00

(g) Reinstatement $500.00

History

• Effective 2024-01-31

Chapter 4 Standards of Practice

Wyo. Code R. 028.0001.4.01312024 Standards of Practice

CHAPTER 4

Chapter 4

Standards of Practice

Section 1. Authority. These rules are promulgated under the Board's authority in Wyoming Statute 33-9-110.

Section 2. Code of Ethics.

(a) The failure of a licensee to abide by the ethical standards adopted by the Board shall constitute unprofessional conduct and grounds for disciplinary action.

(b) Licensees shall:

(i) Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare;

(ii) Not perform any procedure in the course of a patient's care beyond the licensee's training and competence;

(iii) Be able to justify all services rendered to patients as necessary for diagnostic or therapeutic purposes;

(iv) Report to the Board known or suspected violations of the laws and regulations governing the practice of podiatrists in Wyoming;

(v) Provide patients with accurate and complete information regarding the extent and nature of services available to them;

(vi) Respect the privacy of patients and hold in confidence all information obtained in the course of professional service;

(vii) Disclose patient records to others only with the expressed written consent of the patient or as required by law;

(viii) Refrain from engaging in sexual intimacies with a patient during the course of patient care;

(ix) When advertising their services to the public, ensure that such advertising is neither fraudulent nor misleading;

(x) Not practice, facilitate or condone discrimination on the basis of race, sex, sexual orientation, age, religion, nation of origin, marital status, political belief, mental or physical handicap or other preferences or characteristics;

(xi) Not aid or abet in the practice of podiatry by any person not licensed to practice podiatry or any person whose license to practice podiatry is suspended;

(xii) Not administer, dispense, or prescribe any controlled substance other than in the course of legitimate professional practice; and

(xiii) Not commit any crime that relates adversely to the practice of podiatry or the ability to practice podiatry.

History

• Effective 2024-01-31

Chapter 8 Podiatric Assistants

Wyo. Code R. 028.0001.8.01312024 Podiatric Assistants

CHAPTER 8

Chapter 8

Podiatric Assistants

Section 1. Authority. These rules are promulgated under the Board's authority in Wyoming Statute 33-9-114.

Section 2. Certificate required; exemptions. No individual shall operate any machine source of ionizing radiation or administering radiation to any patient unless that individual holds a current certificate issued by the Board.

Section 3. Internship or Examination Requirement. Every applicant for certification shall either:

(a) Successfully pass the ASPMA examination; or

(b) Intern with a Podiatrist for training, which shall consist of not less than twenty (20) hours of educational instruction or supervised training in the following areas:

(i) Podiatric nomenclature;

(ii) Machine operation exposure factor;

(iii) Operator and patient safety;

(iv) Practical or clinical experience in the following:

(A) Foot and ankle techniques for exposing radiographs;

(B) Film handling and storage, if applicable;

(C) Processing procedures; and

(D) Patient record documentation for radiographs.

Section 4. Application Process. As proof of satisfaction of the certification requirements stated in Section 4 above, an applicant shall submit:

(a) An application as prescribed by the Board;

(b) The required fee as set forth in Chapter 3; and

(c) One of the following:

(i) Written verification from ASPMA that the applicant has successfully passed the examination; or

(ii) Written verification from a Podiatrist stating the applicant has completed at least twenty (20) hours of education in those areas as set forth in Section 4(b).

Section 5. Issuance and transfer of certificate.

(a) The Board shall issue a certificate to all successful applicants bearing the full name of the certificate holder, the current podiatric employer, date of issuance, certificate number, and seal.

(b) A certificate is valid as long as the certificate holder remains employed by the same podiatrist. While the certificate holder is employed by the same podiatrist, the certificate does not need to be renewed.

(c) Upon terminating employment with the podiatric employer named on the certificate, the certificate holder shall return the certificate to the Board Office. Upon application and payment of the transfer fee, the Board Office shall issue a new certificate with the current podiatric employer.

History

• Effective 2024-01-31

Chapter 10 Practice and Procedures for Applications

Wyo. Code R. 028.0001.10.01312024 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-9-110 (a) and 16-3-103(j)(i).

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.10.01312024 § 2 Application Review

(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.

(b) The ARC shall investigate the application, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.

(c) The ARC may recommend that the Board:

(i) Issue, renew, relicense, or reinstate a license;

(ii) Issue, renew, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

(i) If the ARC intends to recommend that the Board deny an application or issue a license subject to other disciplinary action, the ARC shall notify the applicant of its recommendation.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that the ARC alleges warrant denying the license or issuing the license subject to disciplinary action;

(B) Citations to the applicable statutory provisions or Board rules that the ARC alleges the applicant violated; and

(C) Notice that an applicant may request a hearing before the Board in writing within thirty (30) days from the date of mailing.

(e) The applicant shall have thirty (30) days from the date the ARC mailed the Notice of Intent to respond. The applicant may:

(i) Request that the Board hold a hearing on the ARC's recommendation;

(ii) Request that the Board table consideration of the application; or

(iii) Withdraw the application.

(f) If an applicant fails to timely respond to the Notice of Intent, the Board may accept the ARC's recommendation.

(g) There shall be a presumption of lawful service of any communication required by these rules if sent by U.S. mail to the address stated on the application or, if applicable, an updated address later provided by the applicant.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.10.01312024 § 3 Hearing Procedure

(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.

(ii) The time, place, and nature of the hearing;

(iii) The legal authority and jurisdiction of the Board; and

(iv) Notice of the burden and standard of proof.

(b) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure.

(d) The Board may resolve an application matter by:

(i) Adopting the ARC's recommendation without a hearing if the applicant did not request a hearing;

(ii) Resolving a dispositive motion in either party's favor;

(iii) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(C) Deny a license, renewal, re-entry, or reinstatement;

(e) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the applicant and the applicant's attorney or representative, if any.

(i) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(ii) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2024-01-31

Chapter 11 Practice and Procedures for Discipline Matters

Wyo. Code R. 028.0001.11.01312024 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-9-110 and 16-3-103(j)(i).

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.11.01312024 § 2 Disciplinary Action

The Board may take disciplinary action for the following:

(a) Violating the Board's practice act or rules;

(b) Violating a Board order;

(c) Any of the conduct defined in W.S. 33-9-110; and

(d) Violating the Code of Ethics as found in Chapter 4, Section 2 of these Rules.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.11.01312024 § 3 Complaint Review and Disciplinary Investigation

(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;

(iv) Discipline the licensee, including:

(A) Suspend a license;

(B) Revoke a license; or

(C) Impose probationary conditions.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.11.01312024 § 4 Summary Suspension

(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.

(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.

(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.

(e) Hearing Format.

(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.

(ii) The IC shall present information that demonstrates probable cause that the allegations are true.

(iii) The IC shall explain why the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.

(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.

(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.

(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.

(i) Post-Deprivation Hearing.

(i) A licensee may request a post-deprivation hearing within ten days from the date the summary suspension order is entered.

(ii) If a licensee requests a post-deprivation hearing, the Board shall conduct it within 30 days of the licensee's request and notify the licensee of the date, time, and location of the hearing.

(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

(j) Unless earlier terminated by the Board or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse 180 days after the written order granting summary suspension is entered under subsection (h) of this section.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.11.01312024 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(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.

(b) If Board staff has reason to believe that a license has been issued despite an applicant not meeting licensure requirements and:

(i) If Board Staff has issued the license and the Board has not ratified its issuance, the license shall be rescinded and the matter shall be referred to an ARC.

(ii) If Board Staff has issued the license and the Board has ratified its issuance, the matter shall be referred to an IC.

(A) The IC may petition the Board to revoke the license or impose practice restrictions according to the procedures outlined in Section 6 of this chapter and may seek summary suspension.

(B) A revocation solely for the reasons specified this subsection shall not be considered license discipline. Nothing in this subsection prohibits discipline or application denial for a licensee's conduct.

(C) A licensee may surrender the license at issue under this provision in lieu of a hearing before the Board without Board approval.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.11.01312024 § 6 Hearing Procedure

(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 30 days to show that the licensee has complied with all lawful license requirements.

(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.

(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.

(e) A licensee shall respond to a Petition within (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment.

(f) When a petition for disciplinary action is filed, 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, with the Petition attached, on the applicant at least 30 days before the hearing. The notice of hearing shall contain:

(i) The legal authority for the Petition and statement of the Board's jurisdiction;

(ii) The facts justifying the disciplinary action sought;

(iii) The statutory provisions or Board rules the licensee is alleged to have violated;

(iv) The time, place, and nature of the hearing; and

(v) Notice of the burden and standard of proof.

(g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Board may enter default against the licensee. In entering default, the Board may:

(i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing;

(ii) Order that the licensee may not present evidence on some or all issues in the matter; or

(iii) Any other relief the Board determines is just.

(h) The Board may set aside an entry of default for good cause.

(i) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Board's practice act or the Board's rules.

(k) The Board may resolve a discipline matter by:

(i) Resolving a dispositive motion in either party's favor;

(ii) Accepting a settlement agreed on by both parties;

(iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter;

(iv) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may, as applicable:

(A) Find no violation of the Board's practice act or rules and therefore:

(1) Impose no discipline on the licensee; or

(2) Issue an Advisory Letter.

(B) Find that the licensee has violated the Board's practice act or rules and impose the following discipline:

(1) Impose probationary conditions;

(2) Suspend a license; or

(3) Revoke a license.

(l) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any.

(m) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(n) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2024-01-31

Wyo. Code R. 028.0001.11.01312024 § 7 Petition for Modifying Conditions or Restrictions

(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.

(b) The IC assigned the matter shall review the petition and shall recommend that the Board either grant or deny the petition within 30 days of the Board office receiving the petition.

(c) Board Consideration.

(i) The Board shall consider the petition and the IC's recommendation at its earliest convenience.

(ii) The Board may approve or deny the petition for modification.

History

• Effective 2024-01-31