Wyo. Code R. 054 | Wyoming Administrative Rules 054 — Nursing, Board of

341 General

Chapter 1 General Provisions

Wyo. Code R. 054.0002.1.11192018 § 1 Authority

The Board is authorized under the NPA and the WAPA to promulgate rules and regulations related to the licensure and discipline of nurses and nursing assistants and regulation of the practice of nursing in Wyoming.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to establish administrative procedures.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 3 Severability

If any provision of these Board Rules or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 4 Board Office

The Board Office shall be located at 130 Hobbs Avenue, Suite B, Cheyenne, WY 82002.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 5 Board Meetings

The Board shall set its regular meetings by resolution.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 6 Incorporation by Reference

(a) For any rule or regulation incorporated by reference in these Board Rules:

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

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

(iii) The incorporated rule or regulation is maintained at the Board Office and is available for public inspection and copying at cost at the same location.

(b) The rule or regulation incorporated by reference is 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://soswy.state.wy.us/Rules/RULES/9644.pdf.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 7 Terms Defined by Statute and Herein

Terms defined in the NPA shall have the same meaning when used in these Board Rules unless the context or subject matter clearly requires a different interpretation.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 8 Definitions

(a) "Accountability" means being responsible and answerable for actions or inactions of self and others in the context of delegation.

(b) "Applicant" means any person applying for any type of license, certificate, or permit issued by the Board.

(i) Licensure or Certification by Examination means meeting competency by successfully passing a Board-approved examination.

(ii) Licensure or Certification by Endorsement means meeting competency by licensed or certified practice in another jurisdiction.

(iii) Renewal means meeting competency during the renewal period.

(iv) Relicensure or Recertification means meeting competency after failing to renew.

(v) Reactivation means meeting competency after inactive status.

(vi) Reinstatement means meeting competency after being revoked, surrendered, suspended or conditioned.

(vii) Temporary Permit means non-renewable, and may be revoked by the Board at any time.

(viii) Volunteer License means restricted ability to practice nursing pursuant to Wyoming Statute 33-21-157.

(d) "Assignment" means the performance of designated nursing activities or tasks by an APRN, RN, LPN or CNA that are consistent with the scope of practice of the APRN, RN, LPN or the role of the CNA; the distribution of work that each staff member is to accomplish on a given shift or work period.

(e) "Biennial" means every two (2) years.

(f) "Board Rules" means the administrative rules and regulations promulgated by the Wyoming State Board of Nursing.

(g) "Boundaries" mean the conscious limits of the professional relationship that allow for safe therapeutic connection between the professional and the client. Boundaries protect the space between the professional's powers and the client's vulnerability. Establishing boundaries provides a means for a professional's control of this power differential and allows for a safe connection based on the client's need. The professional is responsible for delineating and maintaining the boundaries.

(h) "Client" means a recipient of care that can be an individual, family, group, or community.

(j) "CNA" means Certified Nursing Assistant.

(k) "CNA II" means Level II - Certified Nursing Assistant.

(l) "Direction" means:

(i) Monitor and guide the practice of another through written or verbal communication;

(ii) The intermittent observation, guidance and evaluation of the nursing practice of another by a licensed physician, APRN, dentist or RN who may only occasionally be physically present; or

(iii) Joint development of a plan of care in advance by those individuals involved which will be implemented without the physical presence of a licensed physician, APRN, dentist, or RN, but shall be available for consultation. The evaluation of the patient care situation and the caregiver's educational preparation and demonstrated proficiency shall determine the degree of direction needed.

(m) "Faculty" means RNs who:

(i) Meet the criteria of the established standards for nursing education programs; and

(ii) Have been employed by the parent institution for the purpose of administration, teaching, evaluation, guidance and research in nursing.

(n) "Jurisdiction" means the extent or range over which authority is exercised.

(o) "Lapsed" means a license or certificate which is no longer valid due to failure to renew and results in the termination of the privilege to practice nursing.

(p) "MAC" means Medication Assistant Certified.

(q) "NCLEX" means National Council Licensure Examination.

(r) "NPA" means the Nurse Practice Act, W.S. 33-21-119 et seq.

(s) "Prescriptive authority" means the authority granted by the Board to the APRN to select, prescribe, administer, dispense, or provide prescriptive and non-prescriptive medications including, but not limited to, vaccines, immunizing agents and devices.

(t) "Site visit" means a planned visit by representatives of the Board to the parent institution of a nursing education program for the purpose of program evaluation. When a site visit is deemed necessary by the Board in conjunction with a self-study, the purpose of the site visit will be to verify, clarify, and amplify information contained in the self-study evaluation.

(u) "Standard" means an authoritative statement by which the Board can determine the quality of education and training or practice of APRN, RN, LPN and CNA.

(v) "Supervision" means the immediate physical availability of a licensed physician, APRN, dentist or RN for the purpose of providing assistance, coordination and evaluation of the practice of another.

(w) "WAPA" means the Wyoming Administrative Procedure Act, W.S. 16-3-101 et. seq.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 9 Public Record Access

(a) A member of the public may:

(i) Verify licensure or certification status and final disciplinary action on the Board's website;

(ii) Request an electronic or hard copy of the public record which may require a fee. Such fee shall include cost of administrative time and copy production; and

(iii) Make an appointment to review the public record between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding state holidays, at the Board Office.

(A) Public record review shall take place in the presence of a member of the Board staff; and

(B) Original documents must remain with the Board but may be copied at the Board Office and may require a fee. Such fee shall include cost of administrative time and copy production.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 10 Licensure Verification

A licensee or certificate holder may request verification of their Wyoming license or certificate by submitting a form and payment of the fee to the Board.

History

Effective 2018-11-19

Wyo. Code R. 054.0002.1.11192018 § 11 Change of Name, Address or Telephone Number

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

History

Effective 2018-11-19

Chapter 2 Licensure/Certification Requirements

Wyo. Code R. 054.0002.2.12172025 § 1 Statement of Authority

(a) The Board promulgates these rules according to its authority under Wyo. Stat. Ann. § 33-21-122(b), -122(c)(viii), (x), and (xxiv).

Section 2. Definitions.

(a) "Active nursing practice" means engagement in paid, unpaid, or volunteer activity

in which the nurse applies knowledge or clinical judgment in a way that influences patients, nurses, organizations or systems. Active nursing practice may include volunteering in health or nursing professional organizations.

(b) "CBC" means Criminal Background Check. Fingerprints or other biometric data are submitted in connection with an application for initial licensure by exam or endorsement, for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining the State's criminal records.

(c) "Continuing competency" for a nurse is the ongoing ability of a nurse to maintain, update and demonstrate sufficient knowledge, skills, judgment and qualifications necessary to practice safely and ethically in a designated role and setting in accordance with the scope of nursing practice. A nurse achieves continuing competency through active nursing practice and continuing education.

(d) "Continuing competency" for a Certified Nursing Assistant (CNA) is the ongoing ability of a CNA to maintain, update and demonstrate sufficient knowledge, skills and qualifications necessary to practice safely and ethically in the designated role and setting in accordance with the role of the CNA. A CNA achieves continuing competency through employment in the CNA role and continuing education.

(e) "Continuing education" refers to learning experiences obtained after initial licensure or certification and designed to augment the knowledge and skills of nurses and CNAs and enrich their contributions to quality health care and the pursuit of nursing career goals.

(f) "Equivalent" means equal to or exceeding the requirements as stated in these Board rules.

(g) "GAPRN" means Graduate Advanced Practice Registered Nurse.

(h) "GN" means Graduate Nurse.

(i) "GNA" means Graduate Nursing Assistant/Nurse Aide.

(j) "GPN" means Graduate Practical Nurse.

(k) "GVN" means Graduate Vocational Nurse.

(l) "Home state" means the party state which is the nurse's primary state of residence.

(m) "IV" means intravenous.

(n) "IV-C" means intravenous certified.

(o) "Multistate license" means a license to practice as a Registered Nurse (RN) or Licensed Practical Nurse/Vocational Nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a privilege to practice.

(p) "NATCEP" means Nurse Aide Training and Competency Evaluation Program.

(q) "NCLEX prep course" means a specialized program approved by the Board to help nursing students and graduates prepare for and pass the National Council Licensure Examination (NCLEX).

(r) "NLC" means the enhanced Nurse Licensure Compact enacted on March 1, 2016. The Nurse Licensure Compact (NLC) is a mutual recognition model of nurse licensure that allows a nurse to have one license, issued by the state in which the nurse claims primary residence, to practice in all states that have entered into the NLC. An applicant must meet all of the NLC Uniform Licensure Requirements to be eligible for a multistate license.

(s) "Party state" means any state that has adopted the NLC.

(t) "Primary state of residence" means the state in which the licensee resides when applying for a multistate license.

(u) "Privilege to practice" means a legal authorization associated with a multistate license permitting the practice of nursing as either a RN or LPN/VN in a remote state.

(v) "Refresher course" means a planned nursing education program approved by the Board relating to basic review of current nursing practice, nursing theory and skills, and specifically planned for nurses who have not been engaged in active nursing practice and are preparing for re-entry into active nursing practice.

(w) "Remote state" means a party state, other than the home state.

(x) "Renewal cycle" means the period for meeting competency for renewal of licensure or certification which is from January 1st of every odd year to December 31st of every even year.

(y) "Single state license" means a nursing license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

(z) "SBTPE" means State Board Test Pool Examination. An examination which preceded NCLEX to test the competency of a person to perform safely as a newly licensed nurse.

(aa) "Uniform Licensure Requirements" means the requirements for an applicant to obtain or retain a multistate license in the home state.

Section 3. Licensure/Certification by Examination.

(a) Advanced Practice Registered Nurse (APRN). Applicant shall:

(i) Graduate from a nationally accredited graduate or post-graduate level advanced practice nurse educational program;

(ii) Complete a program of study in a role and population focus area of advanced practice nursing;

(iii) Successfully pass a national certification examination in the same role and population focus area of their program of graduate study;

(A) All national APRN certification boards require an active, unencumbered Registered Nurse (RN) license for initial national certification, but not all boards require an active, unencumbered RN license for renewing national certification.

(B) Because APRN licenses and RN licenses are separate under the Nurse Practice Act, an APRN applicant who requires a Wyoming RN license for initial or renewal national certification will need to submit a separate RN application and pay the appropriate fees.

(iv) Submit completed application and fees;

(v) Submit CBC fingerprint cards and fees;

(vi) Comply with Section 5, if applicable; and

(vii) Submit evidence of completion of advanced pharmacology

(b) Registered Nurse (RN) or Licensed Practical Nurse/Vocational Nurse (LPN/VN). Applicant shall:

(i) Graduate from a licensing board-approved RN or LPN/VN pre-licensure nursing education program;

(ii) Submit completed application and fees;

(iii) Submit CBC fingerprint cards and fees; and

(iv) Successfully pass the NCLEX-RN or NCLEX-PN examination, accordingly.

(A) The Board shall notify the applicant of official test results.

(B) If an applicant fails the NCLEX, the applicant may retake the NCLEX and shall:

(I) Submit completed application and fees for licensure by re-examination; and

(II) Submit CBC fingerprint cards and fees, as needed.

(I) An applicant who has not passed the NCLEX - within five (5) attempts, and prior to five (5) years from the date of graduation, must complete a Board-approved NCLEX prep course.

(II) An applicant who has not passed the NCLEX within five (5) years from the date of graduation must complete a Board-approved nurse refresher course to take or retake the NCLEX.

(i) Successfully complete a state approved CNA training and competency evaluation program;

(ii) Submit completed application and fees;

(iii) Submit CBC fingerprint cards and fees; and

(iv) Successfully pass the NATCEP or similar national exam.

(A) The Board shall notify the applicant of official test results.

(B) An applicant may sit for the NATCEP or similar national exam no more than five (5) times within the two (2) year period following graduation.

Section 4. Licensure/Certification by Endorsement.

(a) An applicant who is unable to provide satisfactory verification of education, training, or competency shall be required to meet the requirements for licensure or certification by examination.

(b) Advanced Practice Registered Nurse (APRN). Applicant shall:

(i) Graduate from a nationally accredited graduate or post-graduate level advanced practice nurse educational program or have completed an accredited APRN education program prior to January 1, 1999;

(ii) Complete a program of study in a role and population focus area of advanced practice registered nursing;

(iii) Submit evidence of current national certification in the same role and population focus area of graduate study from the certifying body;

(iv) Submit verification of an active APRN license from another jurisdiction;

(v) Submit completed application and fees;

(vi) Submit CBC fingerprint cards and fees;

(vii) Comply with Section 5, if applicable; and

(viii) Submit evidence of completion of advanced pharmacology.

(i) Graduate from a licensing board-approved RN or LPN/VN pre-licensure nursing education program;

(ii) Submit verification of an active license from another jurisdiction;

(iii) Submit completed application and fees;

(iv) Submit CBC fingerprint cards and fees;

(v) Successfully pass a NCLEX-RN or NCLEX-PN examination or a recognized predecessor examination (SBTPE);

(vi) Submit verification of initial state of licensure by examination; and

(vii) Submit evidence of meeting competency under Section 14.

(d) Certified Nursing Assistant (CNA). Applicant shall:

(i) Submit evidence of successful completion of a state approved CNA training and competency evaluation program;

(ii) Submit verification of an active certificate from another jurisdiction;

(iii) Submit completed application and fees;

(iv) Submit CBC fingerprint cards and fees;

(v) Submit verification of initial certification by examination; and

(vi) Submit evidence of meeting competency under Section 14.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 5 Other Certifications

(a) APRN Additional Certification. Applicant shall:

(i) Submit completed application and fees; and

(ii) Submit evidence of current national certification in the role and population focus area for each additional certification.

(b) LPN/VN IV. Applicant shall:

(i) Meet qualifications for LPN/VN licensure by examination or endorsement;

(ii) Submit completed application and fees; and

(iii) Submit evidence of completion of LPN/VN IV-C coursework or an equivalent course from another licensing jurisdiction.

(i) Meet qualifications for State CNA II certification;

(ii) Complete a Board-approved MA-C training and competency evaluation course;

(iii) Submit completed application and fees and evidence of MA-C course completion; and

(iv) Successfully pass a national MA-C examination.

(v) An applicant may sit for the MA-C examination no more than five (5) times within the two (2) year period following course completion.

(d) CNA II. Applicant shall:

(i) Meet qualifications for CNA by examination or endorsement;

(ii) Complete a Board-approved CNA II training and competency evaluation course; and

(iii) Submit completed application and fees and evidence of CNA II course completion.

(e) Home Health Aide. Applicant shall:

(i) Meet qualifications for CNA by examination or endorsement;

(ii) Complete Board-approved Home Health Aide training and competency evaluation (sixteen (16) hours); and

(iii) Submit completed application and fees; and evidence of Home Health Aide training completion.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 6 Licensure of Foreign Educated RN or LPN/VN

(a) Applicant shall:

(i) Graduate from a foreign RN or LPN/VN pre-licensure nursing education program that has been:

(A) Approved by the authorized approving body in the applicable country; and

(B) Verified by an independent credential review agency, approved by the Board, to be comparable to a Board-approved pre-licensure nursing education program.

(ii) Submit written evidence of English proficiency by:

(A) Indicating English as the individual's native language; or

(B) Graduating from a foreign pre-licensure nursing education program taught in English; or

(C) Successfully passing an English proficiency examination that includes the components of reading, speaking, writing, and listening;

(iii) Submit verification from an independent credential review agency, approved by the Board, for:

(A) Graduation from a foreign RN or LPN/VN pre-licensure nursing education program; and

(B) English proficiency, if English is not the first language of the applicant;

(iv) Submit completed application and fees;

(v) Submit CBC fingerprint cards and fees; and

(vi) Successfully pass an NCLEX-RN or NCLEX-PN examination; or

(vii) Successfully pass a recognized predecessor examination (SBTPE).

(b) If an applicant fails the NCLEX, the applicant may retake the NCLEX and shall:

(i) Submit completed application and fees for licensure by re-examination; and

(ii) Submit CBC fingerprint cards and fees, as needed.

(i) An applicant who has not passed the NCLEX within five (5) attempts, and prior to five (5) years from the date of graduation, must complete a Board-approved NCLEX prep course.

(ii) An applicant who has not passed the NCLEX within five (5) years from the date of graduation must complete a Board-approved nurse refresher course to take or retake the NCLEX.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 7 Temporary Permit

(a) Applicant shall:

(i) Meet qualifications under W.S. 33-21-132; and

(ii) Submit completed application and fees.

(b) A temporary permit may be revoked by the Board at any time.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 8 Biennial Renewal of Licensure and Certification

(a) The Board shall make application(s) for renewal of licensure and certification available on the Board website on or before October 1st of every even year.

(b) Failure to receive a renewal notice from the Board does not excuse an APRN, RN, LPN/VN, or CNA from the requirements for renewal under the NPA or these Board Rules.

(i) Submit completed renewal application and fees; and

(ii) Submit evidence of meeting competency under Section 14.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 9 Failure to Renew

(a) All licenses and certificates expire on December 31st of the renewal year.

(b) Failure to renew the license/certificate on or before the date of expiration shall result in an expired license/certificate and the forfeiture of the right to practice nursing in the State until the Board reissues the license/certificate.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 10 Relicensure or Recertification of License/Certificate Following Failure to Renew

An individual whose license is inactive by failure to renew shall:

(a) Submit completed application and fees;

(b) Submit CBC fingerprint cards and fees; and

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 11 Expiration Dates of Applications

(a) Applications awaiting documentation shall be active for twelve (12) months.

(b) If the Board office does not receive an applicant's completed application within twelve (12) months of submission of the application, the application shall expire.

(i) If the application has expired, the individual seeking licensure or certification shall submit a new application along with the appropriate fees and all required documentation.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 12 Inactive Status and Reactivation

(a) The Board may grant an APRN, RN, LPN/VN, or CNA request for inactive status, which includes retired licensure/certification.

(b) The APRN, RN, LPN/VN, or CNA shall not practice nursing in this State until the license or certificate is reactivated.

(i) Submit completed application and fees;

(ii) Submit CBC fingerprint cards and fees; and

(iii) Submit evidence of meeting competency under Section 14.

(d) If the APRN, RN, LPN/VN, or CNA was under investigation or on a conditional license at the time inactive status was granted, the investigation or conditions shall continue upon reactivation.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 13 Reinstatement of Licensure and Certification

(a) An APRN, RN, LPN/VN, or CNA whose license or certificate has been revoked, surrendered, suspended, or conditioned may apply for reinstatement and shall:

(i) Submit completed application and fees;

(ii) Submit CBC fingerprint cards and fees;

(iii) Submit evidence of meeting competency under Section 14;

(iv) Submit evidence of compliance with the previous Board's order or correction of underlying conduct; and

(v) Submit evidence demonstrating just cause for reinstatement.

(b) Licenses or certificates that were suspended pursuant to Wyoming Statute § 33-21-146(b) shall be reinstated pursuant to Wyoming Statute § 20-6-112(c).

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 14 Competency for Licensure/Certification Continuing In Or Returning To Practice

(a) An APRN who holds an active Wyoming RN license shall only be required to meet the continuing competency requirements of the APRN in Section 14(c).

(b) Timeframe for meeting competency.

(i) If an applicant is renewing their license or certificate, the applicant shall meet the competency as outlined in this Section for each license/certificate type.

(ii) For applicants seeking licensure or certification by endorsement, reactivation, reinstatement, relicensure/recertification, or returning to practice, the applicant shall meet competency during the timeframe identified prior to date of application.

(i) An APRN shall demonstrate continuing competency by submitting evidence of:

(A) Current national certification as an APRN in the recognized role and population focus area; or

(B) If recognized as an APRN in the State prior to January 1, 1999, and has maintained continuous licensure, but is not nationally certified, the APRN shall submit evidence of:

(I) Forty (40) hours of continuing education related to the APRN's recognized role and population focus area; and

(II) Four hundred (400) hours of active nursing practice as an APRN during the last two (2) years.

(C) An APRN shall also submit evidence of three (3) hours of continuing education related to the responsible prescribing of controlled substances or treatment of substance abuse disorders.

(d) RN/LPN/VN.

(i) An RN or LPN/VN shall demonstrate continuing competency by completing one of the following in the past two (2) years:

(A) Four hundred (400) hours of active nursing practice; or

(B) Successfully pass the NCLEX; or

(D) Complete a nursing education program that confers a degree beyond the applicant's basic nursing education; or

(E) Submit evidence of forty (40) hours of continuing education.

(e) CNA.

(i) A CNA shall demonstrate continuing competency by completing one of the following in the past two (2) years:

(A) Four hundred (400) hours of employment in the CNA role; or

(B) Forty (40) hours of continuing education; or

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 15 Nurse Volunteer License

(a) Applicant shall:

(i) Meet qualifications under W.S. 33-21-157; and

(ii) Submit completed application and fees.

History

Effective 2025-12-17

Wyo. Code R. 054.0002.2.12172025 § 16 Quality Assurance/Documentation and Audit

(a) The Board may conduct audits to verify competencies as outlined in Section 14.

(b) Upon request of the Board, licensees or certificate holders shall submit documentation of compliance.

History

Effective 2025-12-17

Chapter 3 Scope and Standards of Nursing Practice and CNA Role

Wyo. Code R. 054.0002.3.09072017 § 1 Statement of Purpose

. These Board Rules are adopted to implement the Board's authority to:

(a) Regulate the scope and practice of nursing for APRN, RN, LPN, and the role of the CNA;

(b) Provide standards of nursing practice that integrate knowledge, skills, abilities, and judgment;

(d) Provide clear direction and standardization of the delegation process, from a systems (employer) and client care perspective.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 2 Definitions

(a) "Delegatee" means the person who is delegated a nursing responsibility by either and APRN, RN, or LPN, is competent to perform it, and verbally accepts the responsibility. A delegate may be either an RN, LPN or UAP.

(b) "Delegation" means the transition of a performance of an activity, skill or procedure by a licensed nurse to a Delegatee. Pervasive functions of clinical reasoning, nursing judgment, or critical decision making cannot be delegated.

(c) "Employer/Nurse Leader" means the person responsible for the oversight of delegated responsibilities for the facility.

(d) "Licensed Nurse" mean those persons holding an active Wyoming license as an APRN, RN, or LPN.

(e) "UAP" means unlicensed assistive personnel trained to function in a supportive role, regardless of title, to which a nursing responsibility may be delegated. This includes, but is not limited to CNAs, patient care technicians, certified medication aides, and home health aides.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 3 Scope and Standards of Nursing Practice for the APRN

(a) Scope and Standards for APRN:

(i) The APRN is subject at all times to the standards and scope of practice established by national professional organizations and/or accrediting agencies representing the various core, role and population focus areas for APRNs, and the NPA.

(ii) The Board recognizes APRN core, role and population focus areas described in the scope of practice statements for APRNs issued by national professional organizations and/or accrediting agencies.

(iii) Role and population focus of the APRN shall be declared upon application for licensure, and the role and population focus to be utilized shall be the title(s) granted by nationally recognized professional organization(s) and/or accrediting agency(ies) or the title(s) of the role and population focus of nursing practice in which the APRN has received postgraduate education preparation.

(iv) In order to practice in one of the four roles and in a defined population, the APRN shall be recognized by the Board in that particular role with a population focus of advanced practice nursing.

(b) Prescriptive Authority:

(i) The Board may authorize an APRN to prescribe, order, procure, administer, dispense and furnish over the counter, legend and controlled substances pursuant to applicable state and federal laws and within the APRN's role and population focus.

(ii) Authorized prescriptions by an APRN shall:

(A) Comply with all current applicable state and federal laws; and

(B) Be signed by the APRN with the initials "APRN" or the initials of the nationally recognized role and population focus.

(iii) APRNs may receive, sign for, record, and distribute samples to clients. Distribution of drug samples shall be in accordance with state law and Drug Enforcement Agency laws, regulations, and guidelines.

(iv) The Board shall transmit to the Board of Pharmacy a list of all APRNs who have prescriptive authority. The list shall include:

(A) The name of the authorized APRN;

(B) The RN license number, role and population focus of the APRN recognized by the Board; and

(v) The Board will notify the Board of Pharmacy within two working days after termination of or change in the prescriptive authority of an APRN.

(i) The provisions of this chapter are only applicable to an APRN who is recognized as an APRN, who is authorized to perform advanced and specialized acts of nursing practice, advanced nursing and medical diagnosis, and the administration and prescription of therapeutic and corrective measures comes from educational preparation, national certification, and recognition to practice in compliance with Board Rules.

(ii) Nothing in this chapter prohibits the usual and customary practice of an APRN in the State from directly administering prescribed controlled substances under derived authority. In addition, the direct administration, or the ordering of controlled substances preoperatively, intraoperatively or postoperatively, by an APRN (certified registered nurse anesthetist) does not involve prescribing within the meaning of 21 CFR 1308.02(f) or the Board Rules. These rules do not require any changes in the current practice and procedures of APRN, who are certified registered nurse anesthetists or the institutional and individual practitioners with whom they may practice.

(iii) Nothing in this section limits or enhances the usual and customary practice of an RN or LPN in the State.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 4 Scope of Nursing Practice for the RN and the LPN

(a) Accountability. The RN/LPN shall:

(i) Practice within the legal boundaries for nursing through the scope of practice authorized in the Nurse Practice Act (NPA) and the Board Rules;

(ii) Demonstrate honesty, integrity and ethical behaviors in nursing practice;

(iii) Base nursing decisions on nursing knowledge, evidence-based practice, skills, standards, and the needs of the clients;

(iv) Accept responsibility for judgments, individual nursing actions, competence, decisions and behavior in the course of nursing practice;

(v) Seek clarification of orders or direction when needed;

(vi) Maintain competence through ongoing learning and application of knowledge in nursing practice;

(vii) Participate in the evaluation of nursing practice through quality and safety activities, including peer review;

(viii) Take preventative measures to protect the client, others, and self;

(ix) Participate in the development of continued competency in the performance of nursing care activities for nursing personnel and students; and

(x) Report violations of the Nurse Practice Act or Rules by self or other licensees. Report unsafe conditions for practice to recognized legal authorities.

(b) Client Advocacy. The RN/LPN have the responsibility for the client and shall:

(i) Conduct practice without discrimination on the basis of age, race, religion, sex, life style, national origin, culture, medical diagnosis, or disability;

(ii) Respect the dignity and rights of clients and their significant others, regardless of social or economic status, personal attributes, culture or nature of health problems;

(iii) Maintain client confidentiality unless obligated by law to disclose the information;

(iv) Maintain appropriate professional boundaries, including sexual boundaries;

(v) Promote a safe and therapeutic environment by;

(A) Monitoring and surveillance of the care environment;

(B) Identifying unsafe care situations; and

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 5 Scope and Standards of Nursing Practice for the RN

(a) RN Standard. The RN has the responsibility to organize, manage, and supervise the practice of nursing.

(b) RN Scope of Practice. The RN shall:

(i) Retain professional accountability for nursing care;

(ii) Participate as a member of the inter disciplinary healthcare team;

(iii) Implement the nursing process:

(A) Conduct a comprehensive assessment;

(B) Plan nursing care and nursing interventions consistent with the client's overall health care plan;

(C) Utilize decision-making, critical thinking and clinical judgment to make independent nursing decisions and nursing diagnosis;

(D) Implement treatment and therapy, including medication administration and delegated medical and independent nursing functions; and

(E) Evaluate the client's response to nursing care and other therapy.

(iv) Identify changes in the client's health status and comprehend clinical implications of the client's signs, symptoms and changes as part of expected or unexpected client course and emergent situations;

(v) Document nursing care;

(vi) Communicate and consult with other health team members;

(vii) Provide comprehensive nursing and health care education in which the RN:

(A) Assesses and analyzes educational needs of learners;

(B) Plans educational programs based on learning needs and teaching-learning principles;

(C) Ensures implementation of an educational plan either directly or by delegating selected aspects of the education to other qualified persons; and

(D) Evaluates the education to meet the identified goals.

(viii) Provide delegation to the RN, LPN, and UAP. Match the client needs with personnel qualifications, available resources and appropriate supervision using delegation guidelines in this Chapter, Sections nine (9) through eleven (11).

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 6 Scope and Standards of Nursing Practice for the LPN

(a) LPN Standard.

(i) Practice under the supervision of an APRN, RN, licensed physician, or other authorized licensed independent health care provider.

(ii) Participate in nursing care, health maintenance, patient teaching, counseling, collaborative planning and rehabilitation, to the extent of his/her generic and continuing education and experience.

(iii) Initiate appropriate standard emergency procedures established by the institution until an APRN, RN, licensed physician, or dentist is available.

(iv) Contribute to the formulation, interpretation, implementation and evaluation of the objectives and policies relating to practical nursing practice within the employment setting.

(b) LPN Scope of Practice. The LPN shall:

(i) Conduct a focused nursing assessment, which is an appraisal of the client's health status and needs that contributes to ongoing data collection;

(ii) Recognize patient characteristics that may affect the patient's health status;

(iii) Contribute to the plan of care by:

(A) Gathering, observing, recording, and communicating patient responses to nursing interventions; and

(B) Contributing to the plan of care in collaboration with a RN based on an analysis of patient responses.

(iv) Function as a member of the health care team, contributing to the implementation of an integrated patient-centered health care plan;

(v) Implement nursing interventions and prescribed medical regimes in a timely and safe manner;

(vi) Collaborate and communicate relevant and timely patient information with patients and other health team members to ensure quality and continuity of care;

(vii) Document nursing care;

(viii) Teach and counsel clients and families in accordance with the nursing care plan; and

(ix) Provide delegation to the UAP. Match client needs with personnel qualification, available resources and appropriate supervision using delegation guidelines in this Chapter, Sections nine (9) through eleven (11).

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 7 Role of the CNA

(a) Standard. The CNA, regardless of title or care setting, shall be under the direction of an APRN, RN, or LPN.

(b) CNA Role. After appropriate client assessment and delegation by the APRN, RN or LPN, the CNA shall utilize knowledge of client's rights, legal and ethical concepts, communications skills, and safety and infection control practices while performing the following:

(i) Basic nursing skills;

(ii) Personal care skills;

(iii) Basic restorative skills;

(iv) Mental health and psychological support;

(v) Communication skills; and

(vi) Nursing team member technical skills of the CNA.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 8 Expanded Role for the LPN IV, MA-C and CNA II

With successful completion of a Board-approved program, the LPN or CNA may obtain certification which expands the LPN scope of practice or CNA role.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 9 Standards of Delegation

(a) All decisions related to delegation and assignment shall be based on the fundamental principles of protection of the health, safety, welfare of the public and doctrine of client rights.

(b) The licensed nurse must delegate only those tasks that are within his/her area of responsibility and scope of practice.

(d) The RN may delegate components of assessment and care tasks, but shall retain responsibility for the nursing process itself.

(e) The licensed nurse shall maintain accountability for the client, while the Delegatee shall be responsible for the designated activity, skill, task, or intervention. The employer has responsibility for delegation policies and procedures that guide the delegation process.

(f) It shall be considered assignment rather than delegation if the particular activity or task is already within the legally recognized scope of practice or role of the individual Delegatee.

(g) Transfer of responsibility of care between licensed nurses shall be considered a handoff of care rather than delegation.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 10 Responsibilities of Delegation and Assignment

The employer, individual licensed nurse, and Delegatee each shall have specific responsibilities within the delegation assignment process.

(a) Employer Responsibilities. The Employer shall:

(i) Identify a nurse leader responsible for oversight of delegated responsibilities for the facility;

(ii) Develop policies for delegation; and

(iii) Assess, monitor, and verify competency of staff.

(b) Licensed Nurse Responsibilities. The licensed nurse shall:

(i) Direct care and determine appropriate assignment and delegation in client care;

(ii) Assign or delegate to another, those nursing skills the individual has the education, legal authority, and demonstrated competency to perform safely including:

(A) The APRN or RN may assign or delegate nursing care to the RN, LPN, or UAP; and

(B) The LPN may assign or delegate nursing care to the LPN or UAP;

(iii) Provide direction, guidance, and evaluation for assignment or delegation;

(iv) Be readily available in person, by telecommunication, text or other alternative method of communication; and

(v) Maintain accountability for any assigned or delegated nursing measures.

(i) Accept only assignments and delegated responsibilities for which they have adequate training, skills, and education;

(ii) Maintain competency for the assigned or delegated responsibility;

(iii) Communicate questions and concerns to the licensed nurse creating the assignment or delegation; and

(iv) Be accountable for carrying out the delegated or assigned responsibility or contact the assigning/delegating nurse.

History

Effective 2017-09-07

Wyo. Code R. 054.0002.3.09072017 § 11 Criteria for Delegation and Assignment

The following criteria shall determine what nursing tasks, functions, or activities may be delegated or assigned:

(a) Legal authority, knowledge, skills, and scope of practice of the Delegatee;

(b) Verification of the clinical competence of the Delegatee by the employing agency;

(c) Stability of the client's condition that involves predictability, absence of risk or complications, and rate of change; and

(d) Variables in the clinical setting including, but not limited to:

(i) The accessible resources and established policies that lend support to the type of nursing tasks, functions, and activities being delegated;

(ii) The complexity and frequency of care by a given client population;

(iii) The proximity of the client to staff;

(iv) The number and qualifications of staff; and

(v) The accessibility of a licensed nurse.

History

Effective 2017-09-07

Chapter 5 Fees

Wyo. Code R. 054.0002.5.05262026 § 1 Authority

The Board promulgates these rules according to their authority under Wyo. Stat. Ann. § 33-21-122(c)(xxi).

History

Effective 2026-05-26

Wyo. Code R. 054.0002.5.05262026 § 2 Adoption of Uniform Rules

The Board hereby incorporates by reference the following uniform rules:

(a) 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://rules.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Board has determined 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's office and are available for public inspection and copying at the same location.

History

Effective 2026-05-26

Wyo. Code R. 054.0002.5.05262026 § 3 General Information

(a) Licensure fees and data requests shall be payable by credit/debit/debit card, money order, or cashier's check, and shall be paid in advance of services rendered.

(b) Any fees collected by the Board are nonrefundable except as provided in Section

4(r).

(c) Notwithstanding any other provision in this chapter, licensees shall not be subject to fees specified in Section 4(f) and Section 4(g)(ii) from October 1, 2026, through December 31, 2026.

History

Effective 2026-05-26

Wyo. Code R. 054.0002.5.05262026 § 4 Fee Schedule

Services for which the Board charges a fee shall include, but not be limited to, the following fee schedule. The amounts listed below do not include the credit card processing fee.

(a) Multistate licensure application processing $0

(b) DCI Background Check $60

(d) Licensure/Certification by Examination

(i) Advanced Practice Registered Nurse (APRN) (includes initial national certification and does not include RN license) $250

(ii) Registered Nurse (RN) $130

(iii) Licensed Practical Nurse (LPN) $130

(iv) Certified Nursing Assistant (CNA) $60

(e) Licensure/Certification by Endorsement

(i) APRN (includes initial national certification and does not $255 include RN license)

(ii) RN $135

(iii) LPN $120

(iv) CNA $60

(f) Renewal

(i) APRN (includes initial national certification and does not include

RN license) $180

(ii) RN $110

(iii) LPN $90

(iv) CNA $50

(v) Inactive/Retired $30

(g) Additional APRN Fees

(i) Initial Application

(A) Additional Certification(s) (fee for each) $70

(B) Prescriptive Authority $70

(ii) Renewal

(A) Renewal of each National Certification beyond the initial National Certification $70

(B) Prescriptive Authority $70

(h) Other Certifications - Initial

(i) LPN/VN IV $5

(ii) Medication Aide-Certified (MA-C) $5

(iii) CNA II $5

(iv) Home Health Aide $5

(j) Relicensure/Recertification/Reinstatement

(i) APRN (includes initial national certification and does not include RN license) $255

(ii) RN $135

(iii) LPN $120

(iv) CNA $60

(k) Inactive/Retired Licensure/Certification (APRN/RN/LPN/CNA) $30

(l) Reactivation Licensure/Certification

(i) APRN (includes initial national certification and does not $180 include RN license)

(ii) RN $110

(iii) LPN $90

(iv) CNA $50

(m) Verification of Licensure & Certification $25

(n) Name Change $20

(o) Pre-Application Determination $15

(p) Copy Charge

(i) Photocopy Charge per page 20¢

(ii) Data Requests TO BE DETERMINED ON AN INDIVIDUAL BASIS

(q) Nursing Education Program Approval

(i) Initial ACTUAL COSTS INCURRED (not to exceed $5,000.00) to include hotel, transportation, and employee per diem as outlined in the State of Wyoming travel policy.

(ii) Periodic ACTUAL COSTS INCURRED (not to exceed $5,000.00) to include hotel, transportation, and employee per diem as outlined in the State of Wyoming travel policy.

(r) Refunds

(i) Fees paid to the Board for an application submitted for the incorrect license type shall be refunded, subject to a $25 refund processing fee.

(ii) After the processing fee has been assessed, the minimum allowable refund

shall be $5.00.

History

Effective 2026-05-26

Chapter 6 Standards for Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 1 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to:

(a) Provide criteria and procedures for the development, evaluation, approval, and improvement of new and established programs;

(b) Ensure graduates of programs are prepared for safe and effective nursing practice; and

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 2 Definitions

(a) "Administrator" means the nurse educator who has administrative responsibility or authority for the direction of a program.

(b) "Articulation Agreement" means an educational partnership between nursing education programs allowing students to receive credit for their prior degree.

(c) "Clinical Learning Experience" means planned activities in nursing practice that prepare students to understand, perform, and refine professional competencies at the appropriate program level. These experiences include direct and indirect patient care, simulation, standardized patient experiences, or any nursing intervention that influences health care outcomes.

(d) "Committee" means the Education Committee of the Wyoming State Board of Nursing.

(e) "Cost" means those expenses the Board or investigating committee incurs in a hearing to deny, refuse to renew, reactivate, reinstate, revoke, restrict, place conditions upon, or suspend a license or program approval pursuant to Wyoming Statute §§ 33-21-138 through 144 and includes, but is not limited to hearing officer fees, service fees, subpoena fees, reporter fees, lay and expert witness and consultant fees, travel and per diem expenses, deposition costs and other costs and expenses incurred in the investigation, discovery, preparation, and hearing of any disciplinary matter.

(f) "Debriefing" means an activity following an experiential learning experience. Activity is led by a facilitator, encourages participant's reflective thinking, and provides feedback regarding the participant's performance.

(g) "Encumbered License" means a license with current discipline, condition, or restriction.

(h) "Faculty" means an educator employed, paid, or contracted by the program whether full-time, part-time, adjunct, or labeled as a substitute.

(j) "Home State/Jurisdiction" means the state/jurisdiction where the program has legal domicile.

(k) "Host State/Jurisdiction" means the state/jurisdiction outside of the home state/jurisdiction where students participate in didactic coursework and/or clinical experiences.

(l) "Innovative" means a dynamic, systematic process that envisions new approaches to nursing education.

(m) "Methods of Delivery" means the methods used by faculty to facilitate and evaluate learning in compliance with approved statutes and regulations. Methods of delivery include:

(i) "Traditional Education" means student and instructor are physically in the same location at the same time (e.g., face-to-face). This method of delivery may be web enhanced/supported.

(ii) "Distance Education" means student and instructor are not physically in the same location. Instruction uses synchronous or asynchronous technology to support regular and substantive interactions between the instructor and students. Instructional methods may include but are not limited to one-way or two-way transmissions, audio, video, the internet, or computer technologies.

(iii) "Hybrid Education" means instruction that uses both distance and traditional education methods of delivery.

(n) "Multi-State License" means a license to practice nursing issued by a home state licensing board authorizing the licensed nurse to practice in all party states under a privilege to practice.

(o) "NCLEX Pass Rate '' means the examination pass rate data of a program's student candidates who take and pass the NCLEX (at the PN or RN levels).

(p) "Nurse Administrator" means the nurse with responsibility and authority for the administrative and instructional activities of a nursing education unit and nursing programs within the governing organization (e.g., dean, chairperson, director, etc.).

(q) "Parent Institution" means the organization or agency responsible for the administration and operation of the program.

(r) "Plan of Correction" means a written report in which a program details plans for compliance with relevant statutes and regulations.

(s) "Post-Licensure" means an educational program leading to degree completion of an undergraduate, graduate, or terminal degree in nursing once licensure as a registered nurse has been attained.

(t) "Preceptor" also known as partners in education, means a licensed nurse or other health professional who may serve as teacher, mentor, role model, or supervisor in a clinical setting.

(u) "Prelicensure" means initial educational program in nursing leading to entry-level licensure as a RN or LPN.

(v) "Program" means a nursing or nursing related health education program at any level.

(w) "Simulation" means a technique to replace or amplify real clinical experiences with guided experiences that evoke or replicate substantial aspects of the real world in a fully interactive manner.

(x) "Self-Evaluation Plan" means a comprehensive, written plan for initial and ongoing self-evaluation of program requirements and outcomes. This plan is based on the standards and rules identified in this chapter and the program's identified accrediting body.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 3 General Standards for Nursing Education Programs

All nursing education programs operating in Wyoming shall meet these requirements.

(a) Purpose and outcomes are consistent with:

(i) The Wyoming Nurse Practice Act, Board Rules, and other state and federal laws; and

(ii) Accepted standards governing the practice of nursing appropriate for graduates of the type of program offered.

(b) Current accreditation, or approved to pursue accreditation, of:

(i) Parent institution by an accrediting body recognized by the United States Department of Education for postsecondary institutions; and

(ii) Program by a national nursing accreditation agency recognized by the Board.

(c) The parent institution or program shall notify the Board of any changes affecting their respective accreditation status within thirty (30) days.

(d) Prior to any clinical learning experiences, the parent institution shall execute a written contract with the cooperating clinical facility establishing and defining:

(i) The responsibilities of each party;

(ii) The period of the agreement; and

(iii) Conditions under which renewal, renegotiation, or termination could take place.

(e) The parent institution shall maintain a copy of each executed contract and provide it to the Board upon request.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 4 Programmatic Standards for Wyoming Nursing Education Programs

(a) Curriculum.

(i) Overview. The curriculum for all programs shall enable the student to develop the nursing knowledge, skills, and abilities necessary for the level, scope, and standards of competent nursing practice expected at the level of licensure or recognition. The program shall revise its curriculum to maintain a program reflecting advances in health care and its delivery.

(ii) Principles. The curriculum, as defined by nursing education, professional, and practice standards, shall include:

(A) A sound foundation in biological, physical, social, and behavioral sciences;

(B) Integration of legal and ethical issues and professional responsibilities into didactic and clinical experiences;

(C) Learning experiences that promote the development of evidence based clinical judgment, skill in clinical management, and the professional commitment to collaborate in continuously improving the quality and safety of the healthcare system for patients;

(D) Evidence-based learning experiences and methods of instruction, including distance education methods if used, consistent with the written curriculum plan;

(E) Delivery of instruction consistent with the program curriculum plan, which enables students to meet the goals, competencies, and outcomes of the program; and

(F) Instruction on the Wyoming Nurse Practice Act and Administrative Rules which shall include:

(I) The mission and purpose of the Wyoming State Board of Nursing relative to licensure, discipline, practice, and nursing education program approval;

(II) Nurse licensure process in Wyoming including eligibility, temporary permits, renewal, continued competency, and inactive status;

(III) The purpose of the Nurse Licensure Compact (NLC) and requirements for a multi-state license;

(IV) The scope of practice for nurses and Certified Nurse Aides in Wyoming; and

(V) The process and potential reasons for disciplinary action.

(iii) Prelicensure Curriculum. The curriculum of prelicensure programs shall include didactic content and supervised clinical experience in the prevention of illness and the promotion, restoration, and maintenance of health in patients across the lifespan and from diverse cultural, ethnic, social, and economic backgrounds.

(iv) APRN Curriculum. The curriculum of the APRN nursing education program must prepare the graduate to practice in one of the four identified APRN roles, i.e., CRNA, CNM, CNS, or CNP, and at least one of the six population foci, i.e., family/individual across the lifespan, adult-gerontology, neonatal, pediatrics, women's health/gender-related, or psychiatric/mental health. The APRN curriculum shall include:

(A) Three separate graduate level courses (the APRN core) in:

(I) Advanced physiology and pathophysiology, including general principles that apply across the lifespan;

(II) Advanced health assessment, which includes assessment of all human systems, advanced assessment techniques, concepts, and approaches; and

(III) Advanced pharmacology which includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents.

(B) Instruction in diagnosis and management of disorders across settings and body systems appropriate to the APRN focus; and

(v) APRN programs preparing for two population foci or combined nurse practitioner/clinical nurse specialist shall include content and clinical experience in both functional roles and population foci.

(vi) There shall be provisions for the recognition of prior learning and advanced placement in the curriculum for individuals who hold a graduate degree as an APRN and are seeking preparation in a different role or population focus. Post-masters nursing students shall complete the requirements of the APRN program through a formal graduate level certificate or degree in the desired role and population focus. Certificate students must meet the same APRN outcome competencies required of other students.

(b) Clinical Learning Experiences.

(i) Prelicensure.

(A) The program shall provide clinical hours comparable to those provided by an approved program of equivalent size and program type or, in the case of no equivalent program, clinical hours scaled relative to an approved program.

(B) Faculty supervised clinical practice shall include:

(I) Development of skills in direct patient care;

(II) Making clinical judgments; and

(III) Care and management of both individuals and groups of patients across the lifespan; and

(IV) Delegation to, supervision of, and collaboration with, as appropriate to the level of education, and other health care providers.

(C) Measurement of student competency shall focus on student demonstration of care management and decision-making skills when providing patient care in a variety of clinical settings with diverse patients.

(D) All student clinical experiences, including those with preceptors, shall be directed by nursing faculty.

(I) The faculty/student ratio shall not exceed eight (8) students to one (1) faculty member for each clinical learning experiences involving direct patient care.

(II) When preceptors are used in a clinical setting, one (1) preceptor shall supervise a maximum of two (2) students.

(III) Nursing faculty should not be responsible for more than sixteen (16) students involved in preceptor relationships at one time.

(ii) APRN. Each instructional track/major shall have a minimum of five hundred (500) supervised clinical hours or as required for national certification exam. The supervised experience shall relate directly to the role and population focus, including pharmacotherapeutic management of patients.

(i) Have continuous, active, daily, and direct responsibility and authority at all locations for the nursing program;

(ii) Oversee the daily governing organization, nursing education unit, and nursing program matters such as, but not limited to, personnel matters, student matters, curricular matters, and resource matters; and

(iii) Have adequate time and resources on a daily basis at all locations to administer the nursing program.

(d) Administrator Qualifications. The administrator shall have the education and experience necessary to direct the program in preparing graduates for the safe practice of nursing. All program administrators shall:

(i) Hold an active, unencumbered, single-state Wyoming or multi-state RN or APRN license;

(ii) Have at least five (5) years of experience practicing nursing; and

(iii) Have experience in teaching and knowledge of learning principles for adult education, including nursing curriculum development, administration, and evaluation.

(iv) The associate degree and/or practical nursing program administrator shall have a minimum of a master's degree in nursing.

(v) The baccalaureate nursing program administrator shall have a doctoral degree in nursing or a related field.

(vi) The post-licensure nursing program administrator shall have a doctoral degree in nursing or a related field.

(vii) The APRN program administrator may have responsibility for the oversight of multiple program tracks. This administrator shall:

(A) Have a doctoral degree in nursing or related field; and

(B) Hold current national certification as an APRN.

(viii) The APRN program shall also appoint a lead faculty member for each track to coordinate the educational component specific to that track, including curriculum development. This lead faculty member shall:

(A) Meet APRN faculty qualifications defined in Section 4, (f) and (j); and

(B) Hold current national certification in the same role and population focus.

(e) Programmatic Faculty Standards. All programs shall:

(i) Employ sufficient qualified faculty, both in number and expertise, to meet the purpose, philosophy, and outcomes of the program;

(ii) Develop clear workload policies comparable to those of an approved program of equivalent size and type;

(iii) Provide substantive, periodic workshops or presentations devoted to faculty development;

(iv) Provide formal mentoring by established peers for new full-time and part-time faculty; and

(v) Provide formal orientation for new clinical faculty.

(f) Faculty Standards. All faculty shall:

(i) Hold an active, unencumbered, single-state Wyoming or multi-state RN or APRN license;

(ii) Demonstrate pedagogical competence by:

(A) A graduate degree in nursing education; or

(B) A minimum of ten (10) hours of educational preparation obtained within six (6) months of the hire date which shall include:

(I) Methods of instruction including the use of technology;

(II) Teaching in clinical practice settings;

(III) Teaching in simulation settings;

(IV) How to conduct assessments, including test item writing; and

(V) Management of the educational environment such as legal and ethical issues, diversity, and incivility.

(g) Prelicensure Faculty. Full and part-time prelicensure faculty shall meet the following educational requirements:

(i) Graduate degree in nursing; or

(ii) Obtain a graduate degree in nursing within five (5) years of hire date. The administrator shall:

(A) Notify the Board, in writing, within thirty (30) days of the hire of a non-graduate prepared faculty member; and

(B) Submit a written plan, within six (6) months of the hire date, outlining how this faculty member will obtain a graduate degree within the specified timeframe.

(iii) Adjunct or part-time clinical faculty shall be educationally prepared with a minimum of a baccalaureate degree in nursing.

(iv) A minimum of fifty percent (50%) of the full-time faculty shall hold a graduate degree with a major in nursing.

(h) Post-licensure Faculty. Faculty teaching in a post-licensure program shall be educationally prepared with a graduate degree in nursing.

(j) APRN Faculty. Faculty teaching in an APRN program shall:

(i) Be educationally prepared with a graduate degree in nursing; and

(ii) Demonstrate at least two (2) years of APRN clinical experience.

(k) Interprofessional Faculty. Interprofessional faculty teaching non-clinical nursing courses shall have advanced preparation appropriate for the content being taught.

(l) Preceptors.

(i) Preceptors may be used to enhance faculty-directed clinical learning experiences.

(ii) Programs shall clearly define the role and performance expectations for preceptors with respect to teaching, supervision, and student evaluation.

(iii) Preceptors shall:

(A) Hold a current unencumbered license as an RN or APRN or unencumbered privilege to practice in the jurisdiction where the clinical practicum is conducted; and

(B) Demonstrate competency related to the area of assigned clinical teaching responsibilities.

(m) Students.

(i) The program shall admit students based upon the number of faculty, available educational facilities, resources, and the availability of clinical learning experiences.

(ii) The program shall hold students accountable for professional behavior, including honesty and integrity, while in their program of study.

(iii) All policies relevant to applicants and students shall be readily available in writing.

(n) Program Evaluation.

(i) The program shall implement a self-evaluation plan which is updated at least yearly and shall be submitted to the Board upon request.

(ii) The evaluation report prepared by the program for the national nursing education accreditation body may be substituted in lieu of the required self-evaluation plan.

(A) If the evaluation report to the national nursing education accreditation body is submitted in lieu of the self-evaluation plan, the program must submit an addendum addressing where the standards pursuant to this chapter are found in the report.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 5 Standards for Simulation in Prelicensure Programs

(a) A prelicensure nursing education program may use simulation as a substitute for traditional clinical experiences, not to exceed fifty percent (50%) of its clinical hours per course. A program that uses simulation shall adhere to the standards set in this section.

(b) Simulation activities shall be managed by an individual who is academically and experientially qualified. The individual shall demonstrate continued expertise and competence in the use of simulation.

(c) The program shall have appropriate facilities for conducting simulation. This shall include educational and technological resources and equipment to meet the intended objectives of the simulation.

(d) Faculty involved in simulations shall have training in the use of simulation.

(e) The program shall have written policies and procedures on the following:

(i) Method of debriefing each simulated activity; and

(ii) Plan for orienting faculty to simulation.

(f) The program shall develop criteria to evaluate the simulation activities, including student evaluation of simulation experience.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 6 Innovative Approaches in Prelicensure Nursing Education Programs

(a) A nursing education program may apply to implement an innovative approach by complying with the provisions of this section.

(b) Nursing education programs approved to implement innovative approaches shall continue to provide quality nursing education that prepares graduates to practice safely, competently, and ethically within the scope of practice as defined in the Nurse Practice Act.

(i) The nursing education program shall hold full Board approval without conditions.

(ii) The nursing education program has no substantiated complaints in the past two (2) years.

(iii) The nursing education program has had no rule violations in the past two (2) years.

(d) Application

(i) A description of the innovative plan, with rationale, resources, and timeline shall be provided to the Board at least twenty (20) days prior to a regularly scheduled Board meeting.

(ii) Standards for Approval

(A) The nursing education program must meet all eligibility requirements set forth in this section.

(B) The innovative approach will not compromise the quality of education or safe practice of students.

(D) The timeline provides for a sufficient period to implement and evaluate the innovative approach.

(iii) Review of Application

(A) If the application meets the standards, the Board may:

(I) Approve the application; or

(II) Approve the application with modifications as agreed between the Board and the nursing education program.

(B) If the submitted application does not meet the criteria, the Board may deny approval or request additional information.

(e) Requesting Continuation of the Innovative Approach

(i) If the innovative approach has achieved the desired outcomes and the final evaluation has been submitted, the program may request that the innovative approach be continued.

(A) Request for the innovative approach to become an ongoing part of the education program must be submitted twenty (20) days prior to a regularly scheduled Board meeting.

(B) The Board may grant the request to continue approval if the innovative approach has achieved desired outcomes, has not compromised public protection, and is consistent with core nursing education.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 7 Home State/Jurisdiction Nursing Education Programs

(a) Any program with legal domicile within Wyoming shall obtain and maintain Board approval for any prelicensure or post-licensure program as pursuant to Sections 8 through 13 of this chapter.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 8 Host State/Jurisdiction Nursing Education Programs

(a) When acting as the host state (i.e., the parent institution has legal domicile outside of Wyoming), all programs shall document current registration with the Wyoming Department of Education or National Council for State Authorization Reciprocity Agreement (SARA) approval.

(b) Prelicensure.

(i) Programs seeking to operate a prelicensure program in Wyoming shall meet the same standards required of home state/jurisdiction nursing education programs. Programs shall:

(A) Obtain and maintain Board approval;

(B) Maintain general, programmatic, and reporting standards for prelicensure nursing education programs as defined in Sections 3, 4, and 9; and

(ii) Prelicensure programs seeking permission to either use a Wyoming clinical facility for a portion of a class or to place an individual student for a precepted experience shall submit the following:

(A) Description of the planned educational experience;

(B) Rationale for the use of Wyoming facilities;

(D) Documentation of faculty/preceptor licensure.

(I) Faculty who teach only didactic content or supervise a student/preceptor pair, where direct patient care is not provided, shall be licensed in the home state.

(II) Preceptors and faculty providing patient care in Wyoming shall have an active, unencumbered Wyoming, or multi-state RN or APRN license.

(i) Post-licensure programs are not required to have Board approval but shall:

(A) Notify the Board in writing when a student will be completing a clinical learning experience in Wyoming.

(B) Execute a written contract with the cooperating clinical facility as defined in Section 3, (d), and (e).

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 9 Process for Approval of New Programs

(a) Step 1 - Submit new program proposal.

(i) Timeframe. At least nine (9) months prior to admitting students, the parent institution shall submit to the Board a statement of intent to establish a program and a proposal.

(ii) Statement of Intent. The statement of intent shall address:

(A) Rationale for the establishment of the program including documentation of the present and future need for the program in Wyoming;

(B) Employment opportunities for program graduates within the geographic region(s) of the proposed program; and

(I) An analysis of the current usage of the potential clinical site(s) in the area; and

(II) A projection of how the addition of the program will impact use of clinical site(s) by established programs.

(iii) Proposal. The proposal shall address how the program would comply with the standards of nursing education defined in this chapter. At a minimum, the proposal shall include:

(A) Purpose, mission, and level of the proposed program;

(B) Evidence of parent institution and other pertinent governing bodies approval and support;

(D) Selection of a national nursing accreditation agency recognized by the Board;

(E) Organizational structure of the educational institution documenting the relationship of the program within the parent institution;

(F) Evidence of financial resources adequate for the planning, implementation, and continuation of the program including budgeted faculty and support positions;

(G) Documentation of adequate academic facilities, including access to a library;

(H) Description of proposed instructional modalities and resources to support these modalities;

(J) Source and description of adequate clinical resources for the level of the program;

(K) Availability of qualified administrator and faculty;

(L) Evidence of community support demonstrated by letters of support from proposed clinical site(s) and community leaders;

(M) Anticipated student population and enrollment;

(N) Proposed timeline for planning and initiating the program; and

(O) If the parent organization operates program(s) in another jurisdiction(s) the applicant shall submit:

(I) NCLEX or certifying exam results for the past three (3) years for all graduates taking the examination;

(II) The most recent program accreditation report;

(III) Documentation of full approval by a nursing or educational regulatory agency that provides oversight of the program, such as a board of nursing from the home state/jurisdiction; and

(IV) Documentation of any complaints or grievances from students, clinical facilities, or the public within the past three (3) years and evidence of resolution.

(iv) The applicant shall respond to any Board requests for additional information.

(v) New program applications shall not be considered for prelicensure programs operating in Wyoming or any other jurisdiction(s) that cannot demonstrate NCLEX results as outlined in Section 10 of this chapter.

(vi) Board Action. After reviewing the initial proposal, the Board may grant or deny permission to submit an application for developmental approval.

(b) Step 2 - Submit Request for Developmental Approval.

(i) Timeline. At least six (6) months prior to admitting students, the parent institution shall submit a request for developmental approval.

(ii) Request for Developmental Approval. The request for developmental approval shall include verification the following program components and processes have been addressed:

(A) Appoint/hire an administrator pursuant to Section 4 and notify the Board of that appointment;

(B) Provide evidence the nursing program is actively seeking accreditation from a national nursing accreditation agency recognized by the Board;

(C) Develop a written, proposed program plan in accordance with the standards of nursing education and the programmatic standards as defined in Sections 3 and 4. In addition, the proposed program plan shall include:

(I) Program content;

(II) Schedule (course sequence);

(III) Course descriptions;

(IV) Contracts for clinical sites;

(V) Development of a self-evaluation plan as defined in Section 2 (w);

(VI) Course syllabi; and

(VII) Identification of faculty needed, including number and experiential qualifications.

(D) Establish student policies for admission, progression, retention, remediation and graduation; and

(E) Request that the Board conduct a site-visit.

(iii) Site-visit. A representative of the Board shall complete an on-site survey of the proposed program, pursuant to Section 11.

(iv) Committee Review. In determining whether to recommend approval of the application, the Committee shall consider all evidence, including, but not limited to:

(A) The proposed program plan;

(B) The survey report;

(D) Public comments; and

(E) The status of other nursing programs operated by the parent institution.

(v) The Committee may recommend the Board grant or deny developmental approval. If the Committee recommends denial, the parent institution may request in writing, a hearing within one-hundred eighty (180) days.

(vi) Board Action. After review, the Board may grant or deny developmental approval. Developmental approval shall remain valid until the Board reviews the program following graduation of the first class and submission of the results of NCLEX or applicable certification exam.

(i) Timeline. At least three (3) months prior to admitting students, the parent institution shall prepare for the admission of students.

(ii) Preparation. The parent institution shall notify the Board when the following conditions have been met:

(A) There are sufficient qualified nurse educators pursuant to Section 4 and the Board has been notified of those appointments;

(B) Readiness for clinical instruction meeting the rules pursuant to Section 4 (b) including;

(I) Signed clinical contracts with adequate clinical placement for the maximum number of students enrolled at one time; and

(II) Clinical facilities and equipment for practice of skills and simulation.

(C) There is evidence of academic and student services that will allow the program to meet planned objectives and the needs of students;

(D) The parent institution has received approval to operate a nursing education program by an accrediting body recognized by the United States Department of Education; and

(E) There is at least one (1) signed agreement for the articulation of undergraduate students to proceed to the next level of nursing education. The program(s) selected for the agreement shall:

(I) Meet the requirements for accreditation approval stipulated in Section 3 (b); and

(II) Allow the student to complete their education while retaining Wyoming residency.

(F) There is evidence of readiness for admission of students.

(iii) Site-visit. The Board may request an on-site survey of the proposed program.

(iv) Board Review. After verifying all components and processes are complete and in place, the Board shall notify the program it may admit students.

(d) Step 4 - Program Reporting Obligations Following Admission of Students. After admission of students, the program shall submit quarterly narrative progress reports to the Board or as requested until graduation of the first cohort.

(e) Step 5 - Submit Request for Initial Full Approval.

(i) Timeline. Within six (6) months after graduation of the first cohort, the program shall submit a request for initial full approval.

(ii) Self-Evaluation Plan. The program shall develop and submit an updated self-evaluation plan.

(iii) Site-visit. A representative of the Board shall conduct an on-site survey of the program.

(iv) Committee Review. The Committee shall consider all evidence, including the self-evaluation plan, the survey report, comments from the petitioning institution, and public comments in considering the request for full approval. The Committee may recommend the Board grant or deny approval. If the Committee recommends denial, the parent institution may request in writing a hearing within one-hundred eighty (180) days.

(v) Board Action. After review of the request for initial full approval, the Board may grant or deny initial full approval.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 10 Reports and Notification

(a) NCLEX Results. All prelicensure programs operating in Wyoming shall demonstrate that it meets the licensure pass rate of eighty percent (80%) annually (between January 1 and December 31) OR for the three (3) most recent years in at least one of the following:

(i) Eighty percent (80%) or greater for all first-time test-takers; or

(ii) Eighty percent (80%) or greater for all first-time test-takers and repeaters; or

(iii) At or above the national/territorial mean based on the nursing program type.

(iv) All prelicensure programs will maintain documentation for the three (3) most recent years of the aggregated and/or disaggregated data, the analysis of data, and the use of data analysis in program decision-making to maintain and/or improve students' success in passing the licensure and/or certification examination and submitted to the Board upon request

(v) LPN and RN pass rates shall be evaluated separately.

(vi) Within three (3) months of receiving NCLEX results below the eighty percent (80%) requirement, the program shall submit a plan to the Board for assessment and improvement including expected outcomes and timelines.

(vii) The Board may initiate a complaint as pursuant to Section 13 for programs with NCLEX rates that remain below eighty percent (80%) for a period of two (2) years.

(b) Annual Report. All programs operating in Wyoming, excluding those with provisional approval, shall submit an annual report with the date and format specified by the Board.

(c) The program shall submit a copy of any accreditation related correspondence with the national nursing accrediting agency to the Board within thirty (30) days of receipt.

(d) Unplanned Program Changes. The program shall notify the Board in writing within thirty (30) days of significant, unplanned program changes including, but not limited to:

(i) Change in accreditation status;

(ii) Change in the nurse administrator of the program;

(iii) Appointment of new faculty members; or

(iv) Any unanticipated, substantive change reported to the nursing accrediting agency.

(e) Planned Program Changes. The program shall notify the Board of any planned, substantive change in curriculum or program. This notice shall occur in writing, at least two (2) months prior to planned implementation.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 11 Process for Continuing Full Approval

(a) Timeline. Programs with full approval status shall be evaluated at least every ten (10) years to ensure continuing compliance with the requirements of this chapter.

(b) Evaluation Process. The evaluation process shall include submission of a self-evaluation plan and may include a site-visit by a representative(s) of the Board and a request for public comment. This evaluation may be made in conjunction with the national nursing accreditation visit. The program shall notify the Board of the dates of an impending accreditation review.

(c) Self-Evaluation Plan. The evaluation report prepared by the program for the national nursing education accreditation body may be substituted in lieu of the required self-evaluation plan.

(i) If the report to the accreditation body is submitted in lieu of the self-evaluation plan, the program must submit an addendum addressing where the requirements of this chapter are found in the report.

(d) Determination of Approval Status.

(i) Committee Review. The committee shall review and analyze various sources of evidence regarding program performance, including, but not limited to:

(A) Periodic Board survey visits and/or reports;

(B) Annual report data;

(D) The report of ongoing self-evaluation.

(ii) Committee Action. After reviewing the evaluation documentation, the Committee may recommend the Board grant or deny continuing approval.

(iii) Board Action. After review of the Committee recommendation, the Board may grant or deny continued full approval.

(A) If the Board recommends denial, a formal complaint will be initiated pursuant to Section 13.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 12 Site Visit Conducted by the Board

(a) Pre-Site Visit Process.

(i) Any site visit shall be scheduled at least three (3) months in advance on a mutually acceptable date. The visit may be scheduled in conjunction with the national nursing accreditation body survey visit.

(ii) Thirty (30) days prior to the scheduled site visit, the program shall submit the self-evaluation or plan of correction to the Board.

(iii) The Board representative shall use a site visit template to assess program quality indicators and warning signs.

(iv) The program shall be asked to participate in scheduling site visit activities.

(b) Post Site Visit Report.

(i) Following a site visit, the Board shall provide a report of its findings to the program.

(ii) The program may respond to the report with additional information within ninety (90) days.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 13 Periodic Evaluation

(a) Periodic Evaluation. Periodic evaluation and site visit may be initiated at any time. Warning signs that may trigger this review may include, but are not limited to:

(i) Denial, withdrawal, or change of program or institution accreditation status;

(ii) Turnover of program administrators, defined by more than three (3) in a five (5) year period;

(iii) Frequent nursing faculty turnover or cut in the number of nursing faculty;

(iv) Failure to achieve NCLEX pass rate requirement defined in Section 9 (a) or decreasing trend in NCLEX pass rates;

(v) Evidence of non-compliance with remediation plan by programs with deficiencies or violations;

(vi) Significant complaint(s) or grievances from students, faculty, clinical facilities, or the public;

(vii) Knowingly providing false or misleading information to students or the public concerning the nursing program; or

(viii) The Board being in possession of information indicating the program may not be in compliance with the requirements of this chapter.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 14 Denying and Withdrawing Approval

(a) Complaint Review Process. Any person may submit a complaint to the Board that a nursing education program has failed to meet the requirements of this chapter.

(i) The Board staff may initiate complaints on their own motion.

(ii) Complaints must contain the name, address, and signature of the person making the complaint.

(iii) The Board shall assign each complaint to the Committee for review and to make a recommendation.

(iv) The Board shall notify the nursing education program of the complaint by mail.

(b) Committee Review.

(i) Upon receiving a complaint, the Committee shall review the complaint to determine if it merits investigation.

(ii) The Committee may request additional information from the nursing education program or meet informally with the nursing education program.

(i) If the Committee believes the complaint states a valid claim that a nursing education program has failed to meet the requirements of this chapter, the Committee shall send a notice of deficiency to the nursing education program's administrator identifying and briefly explaining the program's deficiency.

(ii) The nursing education program shall have thirty (30) days to respond to a notice of deficiency with a written plan to correct the deficiency or explanation why there is no deficiency.

(d) Committee Recommendation and Notice of Intent.

(i) After investigating the allegations in the complaint and receiving any response from the nursing education program, the Committee may recommend the Board:

(A) Deny approval of a nursing education program;

(B) Withdraw approval of a nursing education program; or

(C) Place conditions and restrictions on approval of a nursing education program for failing to meet the requirements of this chapter.

(ii) If the Committee recommends the Board deny approval of a nursing education program, withdraw approval of a nursing education program, or place conditions and restrictions on approval of a nursing education program, the Committee shall notify the applicant of its recommendation.

(iii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct the Committee alleges warrant its recommendations;

(B) Citations to the applicable sections of this chapter the Committee alleges the nursing education program violated;

(C) Notice that the nursing education program may respond in writing to the allegations within thirty (30) days of the date the Committee mailed the Notice of Intent; and

(D) Notice that an applicant may request a hearing before the Board if the nursing education program responds in writing within thirty (30) days of the date the Committee mailed the Notice of Intent.

(e) Program's Response to Notice of Intent. The nursing education program shall have thirty (30) days from the date the Committee mailed the Notice of Intent to respond. The applicant may:

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

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

(iii) Withdraw their application.

(f) Program's Failure to Respond to Notice of Intent. If a nursing education program fails to timely respond to the Notice of Intent, the Board may accept the Committee's recommendation.

(g) Notice of Hearing.

(i) Upon receipt of a written request for a hearing from a nursing education program, the Board shall conduct a hearing. Board staff shall serve a Notice of Hearing on the nursing education program at least thirty (30) days prior to the hearing.

(ii) The Notice of Hearing shall contain:

(A) A brief statement of the matters asserted, including the Committee's recommendation, the facts upon which the Committee's recommendation is based, and the sections of this chapter that the Committee alleges the nursing education program failed to meet;

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

(D) The applicable burden and standard of proof.

(h) Contested Case. A hearing officer shall preside over the formal contested case hearing and shall conduct the hearing according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules concerning contested proceedings as referenced in Chapter 1, Section 6.

(j) Burden of Proof. The Committee shall bear the burden to prove by clear and convincing evidence the nursing education program failed to meet the requirements of this chapter.

(k) Board Order.

(i) The Board may resolve a complaint by denying approval of a nursing education program, withdrawing approval of a nursing education program, or imposing conditions on a nursing education program's approval.

(ii) The Board shall issue a written order. The order shall be sent to the nursing education program by regular U.S. mail.

(iii) No Board action shall be effective until the date the written order is approved by the Board and entered into the administrative record.

(l) Dismissal or Default. If a nursing education program fails to appear at a noticed hearing, the Committee may request the Board enter default against the program.

(i) In entering a default, the Board may:

(A) Order the allegations in the Committee's recommendation to be taken as true for the purposes of the hearing; or

(B) Order the nursing education program may not present evidence on specific issues in the case.

(ii) The nursing education program may request the Board lift its entry of default. The Board may lift its entry of default if the program demonstrates good cause for failing to appear at the noticed hearing.

(m) Lawful Service. There shall be a presumption of lawful service of any communication required by these rules if sent to the last known address of the nursing education program by regular U.S. mail.

(n) Voluntary Surrender. A nursing education program may petition the Board in writing to voluntarily withdraw their program approval in Wyoming. The Board may accept the program's voluntary surrender at a public meeting.

(o) Petition for Judicial Review. Petitions for judicial review from decisions or orders of the Board are governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 15 Reinstatement

A program may petition for reinstatement of approval by submitting evidence of compliance with the requirements of this chapter.

Section 16. Closure of Nursing Education Program.

(a) When closing a program, the parent institution shall:

(i) Continue the program until the last class enrolled is graduated; or

(ii) Assist in the transfer of students to other Board-approved programs; and

(iii) Advise the Board of the arrangements for secure storage and access to academic records and transcripts.

(b) The program shall meet the requirements of this chapter until the date of closure.

(c) The date of closure is the date on the degree, diploma, or certificate of the last graduate or the date on which the last student was transferred.

(d) Closing as a Result of Withdrawal of Approval. Within thirty (30) days of a Board order withdrawing approval of a program, the parent institution shall submit a written plan for termination of the program.

History

Effective 2023-06-21

Wyo. Code R. 054.0002.6.06212023 § 17 Approval of Certification Courses

(a) The Board shall establish standards and approve certification courses for:

(i) CNA II;

(ii) Home Health Aides;

(iii) Medication Aide-Certified (MA-C); and

(iv) LPN Intravenous (IV) Certification.

(b) The Board shall review and approve nurse refresher course

History

Effective 2023-06-21

Chapter 8 Procedure for Application, Licensure & Disciplinary Matters

Wyo. Code R. 054.0002.8.06212023 Procedure for Application, Licensure & Disciplinary Matters

CHAPTER 8

Procedure for Application, Licensure, and Disciplinary Matters

Section 1. Statement of Authority. The Board promulgates these rules according to its authority under Wyo. Stat. Ann. § 33-21-122(b), -122(c)(viii), (x), and (xxiv).

Section 2. Definitions.

(a) "Abandon" means to terminate a client relationship, with or without the client's knowledge, without making arrangements for appropriate continuation of care.

(b) "Abuse" means any behavior designed to control or subjugate another human being through the use of fear, humiliation, or assault, either verbal or physical.

(i) At least one (1) Board member; or

(ii) Executive Director in application review matrix process matters.

(d) "Application Review Matrix" means guidelines that delegate limited authority to Board staff to recommend issuance of a license, issuance of a license with a Notice of Warning, or forward an application matter to an ARC for additional review and recommendation.

(e) "Complainant" means the person(s), organization, or agency who files a complaint.

(f) "IC" means Investigative Committee. The Investigative Committee may be comprised of:

(i) At least one (1) Board member; or

(ii) Executive Director in discipline matrix process matters.

(g) "Discipline Decision Matrix" means guidelines that delegate limited authority to Board staff to pursue Summary Suspension, recommend Dismissal of a complaint, recommend issuance of a Notice of Warning, or forward a licensure or disciplinary matter to an IC for additional review and recommendation.

(h) "License" means a license, certificate, recognition, permit, or prescriptive authority issued by the Board or a privilege to practice from a multistate license issued by another compact state.

(j) "Licensee" means an APRN, RN, LPN, or CNA who holds a valid license, certificate, recognition, permit, or prescriptive authority issued by the Board or a privilege to practice from a multistate license issued by another compact state.

(k) "Misappropriation of client property" means negligently or deliberately taking, misusing, exploiting, using, or selling money or property belonging to another, without consent, whether temporarily or permanently.

(l) "Neglect" means the failure to provide necessary goods, services, care, or attention and may include:

(i) Insufficient observation;

(ii) Failure to provide adequate assessment and intervention directly or indirectly through inadequate supervision;

(iii) Failure to intervene when a client condition warrants intervention;

(iv) Inappropriate delegation or assignment of care to an unqualified care

giver; or

(v) Accepting assignments beyond level of competency or scope of practice.

Section 3. Grounds for Discipline or Denial of License.

(a) Disciplinary Action. The Board may take disciplinary action or refuse to issue, renew, relicense, or reinstate a license for one (1) or more of the following acts or conduct, upon proof the licensee or applicant:

(i) Was impaired with the intent of practicing nursing or nurse assisting due

to:

(A) Physical or mental disability;

(B) Lack of nursing competence;

(D) Substance dependency.

(ii) Was under the influence of alcohol, drugs, substances, or chemicals with

the intent of practicing nursing or nurse assisting;

(iii) Has abused a client or member of a vulnerable population, including, but not limited to: physical, verbal, mental, emotional, financial, or sexual abuse;

(iv) Has engaged in sexual misconduct as defined in Wyoming Statute 33-1-

118(b)(ii);

(v) Has neglected a client or member of a vulnerable population;

(vi) Has abandoned a client;

(vii) Has distributed, sold, or used without authorization, illegally possessed, or manufactured controlled or illicit drugs;

(viii) Has diverted drugs or medications for self or others;

(ix) Has interfered with a client's plan of care;

(x) Has performed unsafe client care;

(xi) Has violated client boundaries including, but not limited to: sexual boundaries or entering into financial transactions with clients;

(xii) Has misappropriated client property;

(xiii) Has misappropriated property belonging to a hospital, medical clinic, or facility providing care to a client;

(xiv) Has violated the privacy or confidentiality of a client in any form including, but not limited to: written, verbal, or technological;

(xv) Has failed to appropriately supervise;

(xvi) Has improperly delegated a nursing task;

(xvii) With respect to APRNs, has failed to supervise or monitor the performance of acts by an individual working under the direction of the APRN;

(xviii) Has aided another licensee in practicing beyond the scope of the nurse's license or experience;

(xix) Prescribing, dispensing, administering, or distributing drugs or medications in an unsafe manner or without adequate instructions to patients according to the acceptable and prevailing standards;

(xx) Prescribing, dispensing, administering, or distributing drugs or medications for other than therapeutic or prophylactic purposes;

(xxi) Prescribing or dispensing drugs or medications to individuals who are not patients of the APRN or who are not within the nurse's role and population focus.

(b) Volunteer Nurse Discipline. In addition to those acts identified in subsection (a), the Board may take disciplinary action against a volunteer nurse, upon proof the volunteer nurse:

(i) Has accepted monetary compensation for providing nursing services while holding a volunteer nurse license;

(ii) Has practiced outside the premises of a nonprofit health care facility in the

State;

(iii) Has provided care to persons other than low income uninsured; or

(iv) Has engaged in practice outside the scope of the volunteer nurse license in the State.

Section 4. Application Review and Investigation Process.

(a) Application Review and Investigation. In application matters:

(i) Every applicant bears the burden of satisfying licensure requirements; and

(ii) After an applicant has demonstrated that he or she meets the requirements for licensure, the burden shifts to the ARC to prove there are justifiable grounds for denying the license or certificate.

(b) Application Review Committee Action. The ARC may recommend:

(i) A license be issued, renewed, reactivated, relicensed, or reinstated;

(ii) A license be issued, renewed, reactivated, relicensed, or reinstated subject to a reprimand, conditions, restrictions, or other disciplinary action;

(iii) Approval of a settlement agreement; or

(iv) Denial of the application.

(c) Notice of Intent to Recommend Approval Subject to Conditions, Restrictions, Other Disciplinary Action or Denial of License.

(i) The ARC shall notify the applicant of its intent to recommend:

(A) Approval of the license subject to a reprimand, conditions, restrictions, or other disciplinary action; or

(B) Denial of the application.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that warrant denial or issuance of a license subject to a reprimand, conditions, restrictions, or other disciplinary action;

(B) A citation to the applicable provisions in the NPA and/or Board

Rules; and

the Board office within thirty (30) days of the date of mailing the Notice of Intent.

(d) Applicant's Response. The applicant shall respond to the Notice of Intent within thirty (30) days of the date of the Notice of Intent. The applicant may:

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

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

(iii) Withdraw the application.

(e) If the applicant fails to timely respond to the Notice of Intent, the Board shall dismiss the application.

Section 5. Petition for Modification of Conditions or Restrictions.

(a) Petition for Modification of Conditions or Restrictions.

(i) A licensee may petition the Board for modification of the conditions or restrictions imposed upon their license.

(ii) A licensee shall submit a petition for modification to the Board office in writing, which shall include documentation demonstrating compliance with the Board order, the modification is consistent with their treatment plan, and the modification is sufficient to ensure the public is adequately protected.

(iii) A petition for modification shall be reviewed by the IC.

(b) Investigative Committee Action.

(i) If the IC agrees with the requested modification, the parties may file a stipulated motion with the Board.

(ii) If the IC does not agree with the requested modification, the IC shall notify the licensee of its intent to recommend denial of the petition.

(i) The Board shall consider the petition at its earliest convenience. The Board may accept or reject the petition for modification and shall consider the petition and the IC's recommendation or stipulated motion.

Section 6. Complaint Review and Investigation Process.

(a) Complaint Review and Investigation.

(i) Complaints shall be submitted to the Board upon the form provided by the Board and contain the name, address, and signature of the person making the complaint. Board staff may initiate complaints.

(ii) Complaints shall be investigated by Board staff on behalf of the IC.

(iii) IC may meet informally with the licensee.

(b) Voluntary Surrender. A licensee may petition the Board, in writing, to voluntarily surrender their license. The Board shall consider the petition at its earliest convenience. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.

(i) Dismissal of the administrative complaint;

(ii) Issuance of a Notice of Warning;

(iii) Approval of a settlement agreement;

(iv) Disciplinary action, which may include a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof; or

(v) Summary suspension.

Section 7. Summary Suspension.

(a) Recommendation. If the IC recommends summary suspension, the Board shall conduct an expedited proceeding to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.

(b) Notice of Intent to Recommend Summary Suspension.

(i) The IC shall notify the licensee of its intent to recommend summary

suspension;

(ii) The Notice of Intent shall contain:

(A) Copy of the administrative complaint;

(B) A citation to the applicable provisions in the NPA and/or Board Rules; and

set at the earliest opportunity a quorum of Board members may be assembled.

(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, Board staff shall notify the licensee in writing of the date and time of the proceeding.

(d) Scope of Expedited Proceeding.

(i) Summary Suspension proceedings shall not be governed by Section 26 Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.

(ii) The expedited proceeding shall be limited to a presentation of the evidence the IC believes warrants summary suspension.

(iii) The Board shall order summary suspension if it concludes probable cause exists that the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare. The Board shall incorporate a finding to that effect in an order granting summary suspension.

Section 8. Evaluations.

(a) Evaluations. In cases where the physical or mental condition or competence of an applicant or licensee is at issue, the ARC or IC may request the applicant or licensee submit to an evaluation. Such evaluations may include, but are not limited to: psychological, psychiatric, substance abuse, fitness for duty or competency. Such evaluations shall be conducted by a qualified provider selected or approved by the ARC or IC and at the sole expense of the applicant or licensee. In selecting a qualified provider, the ARC or IC shall consider the provider's credentials.

(b) Request. The request for an evaluation shall provide the following:

(i) Reasonable notice to the applicant or licensee to be evaluated;

(ii) The time, place, manner, conditions, and scope of evaluation; and

(iii) Identification of the person(s) who will perform the evaluation.

(i) Findings, identification, and results of all tests or instruments employed;

(ii) Reports of any prior evaluations of the same, similar or other relevant condition revealed to or known by the provider, with consideration of prior medical or mental history including treatment; and

(iii) Diagnoses and conclusions, which shall include a determination of competency or fitness to practice safely.

Section 9. Formal Proceedings for Disciplinary Action.

(a) Notice of Intent to Recommend Disciplinary Action.

(i) The IC shall notify the licensee of its intent to recommend disciplinary

action.

(ii) The Notice of Intent shall:

(A) Include a brief description of the facts or conduct that warrant the

intended action;

(B) A citation to the applicable provisions in the NPA and/or Board's Rules; and

to allegations for disciplinary action within fifteen (15) days of the date of the mailing.

(b) Informal Conference. The licensee may request an informal conference with the IC to provide any additional information or to resolve an administrative complaint without a hearing.

Section 10. Petition.

(a) The IC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication, or by personal service.

(b) Within twenty (20) days of the date of the mailing of the Petition, the licensee may respond by filing an Answer admitting or denying the allegations in the Petition.

Section 11. Notice of Hearing.

(a) Hearing. Upon receipt of a written request for hearing from an applicant or filing of a Petition in a disciplinary matter, the Board shall conduct a hearing. Board staff shall serve a Notice of Hearing on the applicant or licensee.

(b) Notice of Hearing. The Notice of Hearing shall contain:

(i) A brief statement of the matters asserted:

(A) In application matters, the recommendation to deny the application, the facts upon which the recommendation to deny is based, and citations to the applicable provisions of the NPA and/or Board Rules the applicant is alleged to have violated; or

(B) In discipline matters, the nature of the Petition, the facts upon which the Petition is based, and citations to the applicable provisions of the NPA and/or Board Rules the licensee is alleged to have violated;

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

(iii) The legal authority and jurisdiction;

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

(v) A statement indicating:

(A) The applicant's failure to appear at a noticed hearing or pursue proceedings may result in a dismissal; or

(B) The licensee's failure to answer the allegations contained in the Petition within twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.

Section 12. Lawful Service. There shall be a presumption of lawful service of a Notice of Intent, Petition, and Notice of Hearing or any other communication required by these Board Rules if sent to the last known address of the applicant or licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication or by personal service.

Section 13. Dismissal or Default.

(a) Dismissal. The Board may dismiss an application where the applicant or the applicant's representative has not appeared at a noticed hearing or pursued proceedings.

(b) Default. The Board may enter an order of default judgment based on the allegations contained in the Petition in any case where the licensee or the licensee's

representative has not answered the allegations contained in the Petition and has not appeared at a noticed hearing.

Section 14. Contested Case Hearing. The hearing officer shall preside over the contested case hearing, which shall be conducted pursuant to the WAPA and the Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.

Section 15. Burden and Standard of Proof.

(a) Application Matters. The applicant shall bear the burden, to prove by a preponderance of evidence, they meet the qualifications for licensure. The burden shall shift to the ARC, to prove by clear and convincing evidence, applicant should be denied a license. The burden shall shift to the applicant to persuade the Board the ARC's grounds for denial are insufficient.

(b) Petition for Modification Matters. The licensee shall bear the burden to prove by a preponderance of evidence that the petition for modification of conditions should be granted.

(c) Discipline Matters. The IC shall bear the burden to prove by clear and convincing evidence a licensee violated the Act, Board Rules, or both.

Section 16. Board Decision and Order.

(a) Board Action. The Board may resolve an application matter, administrative complaint, Petition for Modification, or Petition by:

(i) Approving the recommendations of the ARC or IC; or

(ii) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:

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

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

(D) Approve or deny a petition for modification;

(E) Dismiss the Petition for lack of clear and convincing evidence;

(F) Issue a Notice of Warning; or

(G) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.

(b) Board Order. The Board shall issue a written decision, which:

(i) Shall be sent to the applicant, licensee, or their representative by certified mail or regular mail;

(ii) Shall be deemed a public record and be available for inspection and dissemination in accordance with all federal and state laws.

Section 17. Judicial Review.

(a) Appeals from decisions of the Board are governed by the WAPA and Wyoming Rules of Appellate Procedure.

(b) Costs of transcripts and any reasonable cost assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.

History

Effective 2023-06-21

Wyoming Administrative Rules 054 — Nursing, Board of

341 General

Chapter 1 General Provisions

Wyo. Code R. 054.0002.1.11192018 § 1 Authority

Wyo. Code R. 054.0002.1.11192018 § 2 Statement of Purpose

Wyo. Code R. 054.0002.1.11192018 § 3 Severability

Wyo. Code R. 054.0002.1.11192018 § 4 Board Office

Wyo. Code R. 054.0002.1.11192018 § 5 Board Meetings

Wyo. Code R. 054.0002.1.11192018 § 6 Incorporation by Reference

Wyo. Code R. 054.0002.1.11192018 § 7 Terms Defined by Statute and Herein

Wyo. Code R. 054.0002.1.11192018 § 8 Definitions

Wyo. Code R. 054.0002.1.11192018 § 9 Public Record Access

Wyo. Code R. 054.0002.1.11192018 § 10 Licensure Verification

Wyo. Code R. 054.0002.1.11192018 § 11 Change of Name, Address or Telephone Number

Chapter 2 Licensure/Certification Requirements

Wyo. Code R. 054.0002.2.12172025 § 1 Statement of Authority

Wyo. Code R. 054.0002.2.12172025 § 5 Other Certifications

Wyo. Code R. 054.0002.2.12172025 § 6 Licensure of Foreign Educated RN or LPN/VN

Wyo. Code R. 054.0002.2.12172025 § 7 Temporary Permit

Wyo. Code R. 054.0002.2.12172025 § 8 Biennial Renewal of Licensure and Certification

Wyo. Code R. 054.0002.2.12172025 § 9 Failure to Renew

Wyo. Code R. 054.0002.2.12172025 § 10 Relicensure or Recertification of License/Certificate Following Failure to Renew

Wyo. Code R. 054.0002.2.12172025 § 11 Expiration Dates of Applications

Wyo. Code R. 054.0002.2.12172025 § 12 Inactive Status and Reactivation

Wyo. Code R. 054.0002.2.12172025 § 13 Reinstatement of Licensure and Certification

Wyo. Code R. 054.0002.2.12172025 § 14 Competency for Licensure/Certification Continuing In Or Returning To Practice

Wyo. Code R. 054.0002.2.12172025 § 15 Nurse Volunteer License

Wyo. Code R. 054.0002.2.12172025 § 16 Quality Assurance/Documentation and Audit

Chapter 3 Scope and Standards of Nursing Practice and CNA Role

Wyo. Code R. 054.0002.3.09072017 § 1 Statement of Purpose

Wyo. Code R. 054.0002.3.09072017 § 2 Definitions

Wyo. Code R. 054.0002.3.09072017 § 3 Scope and Standards of Nursing Practice for the APRN

Wyo. Code R. 054.0002.3.09072017 § 4 Scope of Nursing Practice for the RN and the LPN

Wyo. Code R. 054.0002.3.09072017 § 5 Scope and Standards of Nursing Practice for the RN

Wyo. Code R. 054.0002.3.09072017 § 6 Scope and Standards of Nursing Practice for the LPN

Wyo. Code R. 054.0002.3.09072017 § 7 Role of the CNA

Wyo. Code R. 054.0002.3.09072017 § 8 Expanded Role for the LPN IV, MA-C and CNA II

Wyo. Code R. 054.0002.3.09072017 § 9 Standards of Delegation

Wyo. Code R. 054.0002.3.09072017 § 10 Responsibilities of Delegation and Assignment

Wyo. Code R. 054.0002.3.09072017 § 11 Criteria for Delegation and Assignment

Chapter 5 Fees

Wyo. Code R. 054.0002.5.05262026 § 1 Authority

Wyo. Code R. 054.0002.5.05262026 § 2 Adoption of Uniform Rules

Wyo. Code R. 054.0002.5.05262026 § 3 General Information

Wyo. Code R. 054.0002.5.05262026 § 4 Fee Schedule

Chapter 6 Standards for Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 1 Statement of Purpose

Wyo. Code R. 054.0002.6.06212023 § 2 Definitions

Wyo. Code R. 054.0002.6.06212023 § 3 General Standards for Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 4 Programmatic Standards for Wyoming Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 5 Standards for Simulation in Prelicensure Programs

Wyo. Code R. 054.0002.6.06212023 § 6 Innovative Approaches in Prelicensure Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 7 Home State/Jurisdiction Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 8 Host State/Jurisdiction Nursing Education Programs

Wyo. Code R. 054.0002.6.06212023 § 9 Process for Approval of New Programs

Wyo. Code R. 054.0002.6.06212023 § 10 Reports and Notification

Wyo. Code R. 054.0002.6.06212023 § 11 Process for Continuing Full Approval

Wyo. Code R. 054.0002.6.06212023 § 12 Site Visit Conducted by the Board

Wyo. Code R. 054.0002.6.06212023 § 13 Periodic Evaluation

Wyo. Code R. 054.0002.6.06212023 § 14 Denying and Withdrawing Approval

Wyo. Code R. 054.0002.6.06212023 § 15 Reinstatement

Wyo. Code R. 054.0002.6.06212023 § 17 Approval of Certification Courses

Chapter 8 Procedure for Application, Licensure & Disciplinary Matters

Wyo. Code R. 054.0002.8.06212023 Procedure for Application, Licensure & Disciplinary Matters

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