Wyoming Administrative Rules 058 — Examiners of Speech-Language Pathology and Audiology, Board of

344 Examiners of Speech-Language Pathology and Audiology

Chapter 1 General Provisions

Wyo. Code R. 058.0001.1.01072026 § 1 Authority

The Board is authorized under the Act and the WAPA to promulgate rules and regulations related to the licensure and discipline of speech-language pathologists and audiologists and regulation of the practice of speech-language pathology and audiology in Wyoming.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.1.01072026 § 2 Statement of Purpose

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

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.1.01072026 § 3 Definitions

(a) "AAA" means American Academy of Audiology.

(b) "ABA" means American Board of Audiology.

(c) "Act" means the Practice Act for Speech-Language Pathologists and Audiologists, Wyoming Statute 33-33-101 through 402.

(d) "ARC" means Application Review Committee.

(e) "ASHA" means the American Speech-Language-Hearing Association.

(f) "Board Rules" means the administrative rules and regulations promulgated by the

Board.

(g) "CEU" means continuing education units.

(h) "Direct Supervision" means in-view observation and guidance by an SLP or Audiologist while an assigned activity is performed by support personnel. This must be either through synchronous telepractice or onsite. Direct Supervision requires the presence of the supervisor at all times when a SLPA, aide or audiometric technician is assisting with testing or treatment.

(i) "Indirect Supervision" means the supervising SLP or Audiologist is not at the same facility or in close proximity to the support personnel, but is available to provide supervision by electronic means. Indirect supervision activities performed by the supervisor may include, but are not limited to, demonstration, record review and evaluation of audio or asynchronous videotaped session, and interactive television and supervisory conferences that may be conducted by telephone, email, or live webcam.

(j) "Licensee" means a speech-language pathologist or audiologist licensed in Wyoming.

(k) "Praxis" means the National Examination in Speech-Language Pathology or the National Examination in Audiology administered by the Educational Testing Service or its successor.

(l) "SLP" means a person licensed by the Board as a Speech-Language Pathologist.

(m) "SLPA" means a person certified by the Board as Speech-Language Pathology Assistant.

(n) "Speech-language pathology aide" means an individual who meets minimum qualifications established by board rule for speech-language pathology assistants and who works under the direct supervision of a licensed speech-language pathologist.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.1.01072026 § 4 Board Meetings

The Board shall set its regular meetings by resolution.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.1.01072026 § 5 Reference by Incorporation

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

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

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

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

(b) Each rule incorporated by reference is further identified as follows:

(i) Referenced in 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://speech.wyo.gov.

(ii) Referenced in Chapter 11, Section 3 is Code of Ethics, adopted by AAA and effective in April 2023, found at: http://speech.wyo.gov.

(iii) Referenced in Chapter 11, Section 3 is Code of Ethics, adopted by ABA and effective in May 2023, found at: http://speech.wyo.gov.

(iv) Referenced in Chapter 11, Section 3 is Code of Ethics, adopted by ASHA and effective on March 1, 2023, found at: http://speech.wyo.gov.

(v) Referenced in Chapter 2, of the 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://speech.wyo.gov.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.1.01072026 § 7 Change of Name, Address, or Telephone Number

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

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.1.01072026 § 8 Duplicate Pocket Card and Wall Certificate

A licensee may request a duplicate pocket card and/or wall certificate by submitting a form and payment of the fee.

History

• Effective 2026-01-07

Chapter 2 Licensure and Renewal Requirements and Application Procedures

Wyo. Code R. 058.0001.2.01072026 § 1 Authority

These Board Rules are adopted to implement the Board's authority granted by Wyoming Statute 33-33-105(a), -202(b), and -306(d).

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 2 Application Status

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

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

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 3 Speech-Language Pathology Provisional Licensure

(a) Eligibility. An applicant may seek a provisional license if the applicant has not completed a clinical fellowship year and has not practiced in another jurisdiction.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fees;

(ii) Submit transcripts complying with W. S. 33-33-105(a)(i) directly from the college, university, or institution;

(iii) Successfully pass Praxis;

(iv) Submit executed supervisory agreement. Supervision cannot begin until the license is issued; and

(v) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix).

(c) Provisional licenses shall be valid for one (1) year.

(d) Renewal. Provisional licenses may be renewed one (1) time.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 4 Speech-Language Pathology Initial Licensure by Completing Provisional

(a) Eligibility. An applicant may seek initial licensure if the applicant completes their clinical fellowship year and meets the requirements for initial licensure.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fees;

(ii) Submit the supervisor verification documenting completion of the clinical fellowship year.

(iii) Submit transcripts complying with W.S. 33-33-105(a)(i) directly from the college, university, or institution;

(iv) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix); if not previously submitted as required with Section 3(b)(v) of this chapter.

(c) Applicants wanting Compact Eligibility.

(i) Submit a proof of residency

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 5 Initial Licensure

(a) Eligibility. An applicant may seek initial licensure if the applicant is not licensed to practice in another jurisdiction, or that jurisdiction's licensure requirements are not as stringent as Wyoming.

(b) Application Requirements.

(i) Speech-Language Pathology License Applicants shall:

(A) Submit a completed application along with appropriate fee;

(B) Submit evidence of clinical competency by:

(I) Verifying current ASHA certification; or

(II) Complete the following:

(1.) Clinical fellowship

(2.) Submit transcripts complying with W. S. 33-33-105(a)(i) directly from the college, university, or institution; and

(3.) Successful passage of the Praxis within the previous

five (5) years; and

(C) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix).

(ii) Audiology License Applicants shall:

(A) Submit a completed application along with appropriate fee;

(B) Submit evidence of clinical competency by verifying current ABA certification or ASHA Certification or by completion of the following:

(I) Education requirements identified in Section

4(b)(iii) of this chapter; and

(II) Successful passage of the Praxis within the previous

five (5) years; and

(C) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix); and

(iii) Submit license verification directly from every jurisdiction where the applicant currently holds a license, or held licensure for the 10 years preceding the application if applicable.

(iv) Applicants wanting Compact Eligibility.

(A) Submit a proof of residency

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 6 Licensure by Endorsement

(a) Eligibility. An applicant may seek licensure by endorsement if the applicant is actively licensed to practice in another jurisdiction with licensure requirements as stringent as Wyoming.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fees;

(ii) Submit evidence of clinical competency by verifying current ABA or ASHA Certification; or submit transcript Submit transcripts complying with W. S. 33-33-105(a)(i) directly from the college, university, or institution; and

(iii) Submit license verification directly from every jurisdiction where the applicant currently holds a license, or held licensure for the 10 years preceding the application; and

(iv) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix).

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 7 Annual Licensure Renewal

(a) Licensure Expiration. Licenses shall expire December 31st of each year. Licensees shall renew their license on or before December 31st. Licensees that fail to timely renew shall forfeit the right to practice.

(b) Renewal Procedure. A licensee seeking renewal shall:

(i) Submit a completed renewal application and payment of fee;

(ii) Attest to completion of ten (10) CEU that complies with subsection (c);

(iii) Submit an annual competency evaluation for any aides practicing under the licensee's supervision;

(iv) Submit proof of supervision as specified in Chapter 12, Section 6 for any SLPA under the licensee's supervision on a form provided by the Board.

(c) CEU Requirements.

(i) All licensees, with the exception of provisional licensees, shall maintain CEU requirements.

(ii) CEU shall be calculated as follows:

(A) One (1) semester credit equals fifteen (15) CEU;

(B) One (1) quarter credit equals ten (10) CEU; and

(C) One (1) contact hour equals one (1) CEU.

(iii) CEU shall be obtained January 1 to December 31 of the year of expiration.

(iv) CEU shall be directly related to the scopes of practice defined in W.S. 33-

33-102.

(v) The Board shall accept CEU that is directly related to the scope of practice sponsored by national, regional, or state professional associations, such as AAA, ABA, ASHA, or Wyoming Speech-Language-Hearing Association;

(vi) CEU may be earned through:

(A) College or university courses taken for credit or through official

audit;

(B) Online courses;

(C) Scientific and educational lectures, workshops, or seminars;

(D) Journals offered for CEU;

(E) Scientific and educational lectures, workshops, or seminars presented by the licensee (1 CEU per hour with a maximum of three (3) CEU); and

(F) Articles published by the licensee in a nationally or state refereed journal if the article falls within the licensee's area of licensure (1 CEU per article with a maximum of three (3) CEU).

(G) Providing clinical supervision to a student as part of an accredited college or university training program for Speech-Language Pathology Assistants, Speech-Language Pathology or Audiology.

(I) A maximum of six (6) CEU can be earned through the provision of supervision. One CEU is granted for every thirty (30) hours of supervision.

(II) Documentation CEU under this subsection shall include the assessment required by the educational program and a log of hours that:

(1.) Is signed by both the supervisor and supervisee; and

(2.) A description of services provided under supervision.

(vii) If a licensee takes the same course more than once in a renewal period, the CEUs from that course will only be counted towards the required hours once.

(viii) Acceptable CEU documentation shall include, but is not limited to, transcripts and certificates of completion.

(d) Waiver. The Board may grant a waiver for CEU requirements for licensees who have petitioned and demonstrated just cause based on extenuating circumstances.

(e) Applicants wanting Compact Eligibility.

(i) Submit a proof of residency

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 8 Audits

(a) Ten percent (10%) of current license and certificate holders shall be selected at random annually for verification of compliance with these requirements. Chosen licensees or certificate holders shall be required to submit documentation of the CEU hours to the Board Office for audit.

(b) If the Board disallows any CEU, the licensee shall have thirty (30) days from notice of such disallowance to:

(i) Provide evidence that the disallowed CEU meets the criteria established by these rules;

(ii) Provide documentation of having acquired additional CEU during the required time frame; or

(iii) Cure the disallowance by acquiring the required number of CEU.

(A) Any CEU activity completed past the renewal date to cure a disallowance may not be reported on subsequent applications for license renewal.

(B) If a licensee fails to complete the required number of CEU, the licensee shall be subject to disciplinary action.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 9 Failure to Timely Renew

(a) Unlicensed Practice. Failure to timely renew may subject the licensee to disciplinary action for unlicensed practice, if the licensee continues to practice after the license expires. Licensees shall not practice until the applicant reapplies for licensure and receives approval from the Board.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 10 Relicensure

(a) Eligibility. An applicant may seek relicensure if their license has lapsed.

(b) Lapsed License Relicensure Requirements. An applicant shall:

(i) Submit a completed relicensure application and payment of fee;

(ii) Submit evidence of clinical competency by:

(A) Completion of ten (10) CEUs for each year that the license was lapsed at 1 CEU per month, and up to a maximum of one hundred (100) CEUs.

(iii) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix).

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 11 Reinstatement of Licensure

(a) Eligibility. An applicant may seek reinstatement of their license if that license has been revoked, surrendered, or suspended. For a license that has been revoked or surrendered, an applicant must wait a minimum of twelve (12) months before applying for reinstatement.

(b) Application Reinstatement Requirements. The applicant shall:

(i) Submit a completed reinstatement application and payment of fee;

(ii) Submit evidence of complying with the requirements of a previous Board

order;

(iii) Submit evidence of applicant's ability to safely and competently practice;

(iv) Submit evidence demonstrating just cause for reinstatement; and

(v) Submit fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix).

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.2.01072026 § 12 Compact Home State

(a) An applicant who is currently licensed to practice Speech Language Pathology or Audiology in another jurisdiction as a member of the Compact who wish to change their home state licensure may apply may apply for licensure by Home State Change. The applicant shall submit:

(i) Completed application and fee;

(iii) Proof of residency

(b) For those applying for initial licensure with added compact eligibility refer to Section 5 of this Chapter.

History

• Effective 2026-01-07

Chapter 5 Speech-Language Pathology Aides and Audiometric Technicians

Wyo. Code R. 058.0001.5.01072026 § 1 Authority

These Board Rules are adopted to implement the Board's authority granted by Wyoming Statutes 33-33-102(a) (vii) and (viii), and -202(b).

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.5.01072026 § 2 Speech-Language Pathology Aides Registration

(a) An applicant may seek registration as a speech-language pathology aide to practice under the direct supervision of a licensee.

(b) Education requirement. An applicant must have a high school diploma or a high school equivalency certificate.

(c) Application Packet for Speech-Language Pathology Aide Registration. The applicant shall submit the following documentation to the Board for approval:

(i) Completed application and payment of fees;

(ii) Direct Supervision agreement executed by the applicant and the supervising licensee; and

(iii) A training plan establishing competency for the applicant submitted by the supervising licensee, which includes:

(A) Twenty-five (25) hours of direct supervised client contact; and

(B) Twenty-five (25) hours of direct observational training in the

following:

(I) Overview of speech and/or language disorders relative to client-related care or hearing and balance relative to client-related assessment, disorders, and care;

(II) Ethical and legal responsibilities;

(III) Observing and data collection specific to site population;

and

(IV) Record keeping.

(d) Aide Registration. Upon Board approval, the supervising licensee may implement the training plan. Verification of completion shall be sent to the Board, using the Board approved form, within six (6) months of approval, otherwise the application shall expire. After completion, the applicant may identify themselves as an "aide."

(e) Aide Continued Practice. An aide's registration shall remain valid if the supervising licensee provides the required evaluation form with their annual renewal. Registrations shall expire December 31st of each year. Aides shall renew their license on or before December 31st. Aides that fail to timely renew shall forfeit the right to practice.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.5.01072026 § 3 Audiometric Technician Registration

(a) An applicant may seek registration as an audiometric technician to practice under the direct supervision of a licensee.

(b) Education requirement. An applicant shall have a high school diploma or high school equivalency certificate.

(c) Application Packet. The applicant shall submit the following documentation to the Board for approval:

(i) Completed application and payment of fees;

(ii) Direct Supervision agreement executed by the applicant and the supervising licensee; and

(iii) A training plan establishing competency for an audiometric technician submitted by the supervising licensee, which includes:

(A) Twenty-five (25) hours of direct supervised client contact; and

(B) Twenty-five (25) hours of direct observational training in:

(I) Overview of hearing and hearing disorders relative to client-related assessments, disorders, and care;

(II) Basic training in screening for hearing, including audiometry, tympanometry, and otoacoustic emissions, as needed;

(III) Ethical and legal responsibilities;

(IV) Observing and data collection specific to site population;

and

(V) Record keeping.

(d) Audiometric Technician Registration. Upon Board approval, the supervising licensee may implement the training plan. Verification of completion shall be sent to the Board, using the Board approved form, within six (6) months of approval, otherwise the application shall expire. After completion, the applicant may identify themselves as an "audiometric technician."

(e) Audiometric Technician Continued Practice. An Audiometric Technician's registration shall remain valid if the supervising licensee provides the required evaluation form with their annual renewal. Registrations shall expire December 31st of each year. Aides shall renew their license on or before December 31st. Aides that fail to timely renew shall forfeit the right to practice.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.5.01072026 § 4 Notice of Transfer or Termination of Supervision

(a) An aide or audiometric technician may change supervisors after the Board reviews and approves an executed supervision agreement form.

(b) The supervising licensee may terminate supervision of an aide or audiometric technician. The supervising licensee shall notify the Board in writing within thirty (30) days of the termination.

History

• Effective 2026-01-07

Chapter 7 Fees

Wyo. Code R. 058.0001.7.01072026 § 1 Authority and Statement of Purpose

These Board Rules are adopted to implement the Board's authority to determine and collect reasonable fees granted by Wyoming Statute 33-33-307.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.7.01072026 § 2 General Information

(a) Fees shall be payable in the exact amount and shall be paid in advance of the services rendered.

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

(c) Fees related to public records requests shall be assessed pursuant to the Department of Administration and Information rules concerning public records.

History

• Effective 2026-01-07

Wyo. Code R. 058.0001.7.01072026 § 3 Fees

Services for which the Board charges a fee shall include but is not limited to the following fee schedule.

(a) Application Fee

(i) Provisional $200

(ii) Initial License by Completing Provisional $100

(iii) Initial License $300

(iv) Endorsement $300

(v) Compact Home State $300

(b) Annual License Renewal Fee $100

(c) Compact Privilege to Practice Fee $120

(d) Relicensure Application Fee $300

(e) Reinstatement Application Fee $350

(f) Certification as an SLPA

(i) Initial $100

(ii) Annual Renewal $50

(ii) Certificate Re-issuance Fee $100

(g) Aide or Audiometric Technician Registration Fee $25

(h) Duplicate Pocket Card or Wall Certificate $25

(i) License or Certificate Verification $25

(j) Non-sufficient funds fee will be charged in accordance with W.S. 1-1-115

History

• Effective 2026-01-07

Chapter 11 Practice of Speech-Language Pathology and Audiology

Wyo. Code R. 058.0001.11.01072026 Practice of Speech-Language Pathology and Audiology

Chapter 11

Practice of Speech-Language Pathology and Audiology

Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to regulate the practice of speech-language pathology and audiology in Wyoming.

Section 2. Dual Licensure.

(a) To practice in both areas of licensure, speech-language pathology and audiology, a licensee shall obtain licensure as a speech-language pathologist and audiologist.

(b) A speech-language pathologist may perform non-diagnostic audiometric screening either for the purposes of performing a speech and language evaluation or for initial identification of individuals with other communicative disorders.

(c) An audiologist may perform non-diagnostic speech and language screening either for purposes of performing an audiologic evaluation or for initial identification of individuals with other communicative disorders.

(d) Any licensee may provide aural habilitation, aural rehabilitation services, and auditory processing services, for which they have been properly trained.

Section 3. Practice of Speech-Language Pathology and Audiology.

(a) Each licensee shall comply with the provisions of AAA, ABA, and ASHA's Codes of Ethics as referenced in Chapter 1.

(b) For a speech-language pathologist, the development and disorders of speech, voice, language or swallowing includes, but is not limited to:

(i) Screening, identifying, assessing and interpreting, diagnosing, habilitating, rehabilitating, and preventing disorders of speech such as

(A) Articulation;

(B) Pragmatics;

(C) Literacy;

(D) Phonology;

(E) Fluency;

(F) Voice, resonance and nasal airflow;

(G) Oral motor speech and orofacial myofunctional function;

(H) Oral-pharyngeal function, such as swallowing/dysphagia and related disorders;

(I) Language to include verbal and written and related non-oral/nonverbal forms;

(J) Cognitive/communication disorders;

(K) Memory and comprehension; and

(L) Auditory processing.

(ii) Assessing, selecting and developing augmentative and alternative communication systems and providing training in their use;

(iii) Providing aural habilitation or rehabilitation and related training and instructional services;

(iv) Enhancing speech-language proficiency and communication effectiveness, such as accent reduction; and

(c) For an audiologist, practice includes, but is not limited to,

(i) Facilitating where applicable the conservation of auditory system function;

(ii) Developing and implementing environmental and occupational hearing conservation programs;

(iii) Cerumen management;

(iv) Screening, identifying, assessing and interpreting, diagnosing, preventing, and rehabilitating peripheral and central auditory system dysfunction;

(v) Providing and interpreting behavioral and electro-physiological measurements of auditory and vestibular functions, such as:

(A) Auditory evoked potential assessment;

(B) Neurophysiologic intraoperative monitoring; or

(C) Balance system assessment.

(vi) Providing aural habilitation or rehabilitation and related training and instructional services to individuals with hearing loss and their families; and

(d) The practice of speech-language pathology and audiology occurs where the patient is located or receives services.

(e) All licensees shall report to the Board known or suspected violations of the laws and regulations governing the practice of speech-language pathology and audiology.

Section 4. Principles of Supervision of Provisional License Holders, Audiometric Technicians and Aides.

(a) Eligibility for Supervision.

(i) A licensee who has practiced for three (3) years may supervise audiometric technicians or speech-language pathology aides within the same professional setting. Time with a Provisional License does not count towards the (3) year requirement.

(ii) A licensee who has practiced for three (3) years may supervise a provisional license holder. Time with a Provisional License does not count towards the (3) year requirement.

(b) Accountability. The licensee shall be responsible for the activities of the provisional license holder, audiometric technicians and speech-language pathology aides under their supervision. Licensee may be subject to disciplinary action for failure to adequately supervise provisional license holders, speech-language pathology aides, and audiometric technicians.

Section 5. Supervision of Aides and Audiometric Technicians.

(a) Limitation on Number of Supervisees. A licensee shall not supervise more than three (3) audiometric technicians or speech-language pathology aides combined, at one time. The licensee may apply for an exception to this requirement by submitting a written request to the Board demonstrating just cause for the exception.

(b) Renewal of Aides and Audiometric Technicians. In order to renew the aide's or audiometric technician's registration, the supervising licensee shall submit an annual competency evaluation for any speech-language pathology aides or audiometric technicians practicing under the licensee's supervision.

(c) Delegable Duties. A Speech Pathology Aide may assume the following duties under direct supervision of the licensee:

(i) Assist with informal documentation such as tallying notes, preparing materials, and assisting with other clerical duties;

(ii) Perform simple checks and maintenance of equipment;

(iii) Participate with the licensee in research projects, in-service training and public relations programs; and

(iv) May conduct hearing screenings (without interpretation) if trained.

(v) An aide may serve as a translator when working with clients with limited English proficiency and may assist the licensee during test administration.

(d) Audiometric Technicians may:

(i) Conduct fixed intensity hearing screening, without interpretation following specified screening protocols developed by the licensee;

(ii) Perform automatic type tympanometry screening procedures following the specified screening protocols developed by the licensee. The audiometric technician may not interpret tympanometry results;

(iii) Carry out prescriptive aural habilitation and rehabilitation programming;

(iv) Perform checks on hearing aids and other assistive listening devices. Conduct routine trouble-shooting activities designed to assist the licensee in the determination and resolution of malfunctions with hearing aids and assistive listening devices;

(v) Clean hearing aids;

(vi) Instruct clients in the use of hearing aids and assistive listening devices; and

(vii) Assist the licensee in taking earmold impressions.

(e) Non-delegable Duties. The Speech-language Pathology Aide or Audiometric Technician shall not perform any of the following actions:

(i) Any activity that violates AAA, ABA, or ASHA's Codes of Ethics as referenced in Chapter 1;

(ii) Participate in parent conferences, case conferences, or any interdisciplinary team without the presence of the licensee;

(iii) Client or family counseling;

(iv) Write, develop or modify a client's treatment plan in any way without the recommendation, guidance and approval of the licensee;

(v) Select clients for or discharge clients from services;

(vi) Make referrals for additional services; or

(vii) Disclose clinical or confidential information either orally or in writing to anyone not designated by the licensee;

(f) Speech-language pathology aides shall not:

(i) Administer tests, interpret test results, perform diagnostic speech-language evaluations or treatment.

(ii) Conduct hearing screenings unless specially trained.

(g) Audiometric Technicians shall not:

(i) Administer tests, interpret test results or perform diagnostic auditory or vestibular evaluations. An audiometric technician may serve as a translator when working with clients with limited English proficiency and may assist the licensee during test administration;

(ii) Conduct language screenings unless specially trained;

(iii) Discuss confidential information or test results, with the exception of indicating the data simply reveals normal or less than normal hearing sensitivity; or

(iv) Select, recommend, or dispense a hearing aid or other assistive listening device.

History

• Effective 2026-01-07

Chapter 12 Speech-Language Pathology Assistants

Wyo. Code R. 058.0001.12.01072026 Speech-Language Pathology Assistants

Chapter 12

Speech-Language Pathology Assistant

Section 1. Authority. These Board Rules are adopted to implement the Board's authority granted by Wyoming Statutes 33-33-102(a)(ix) and -202(b).

Section 2. Requirements for Initial Certification

(a) An applicant for initial certification must:

(i) Have an Associate's Degree as a Speech-Language Pathology Assistant from an accredited college or university; or

(ii) Have a Bachelor's Degree in Communication Disorders or Speech-Language Pathology or equivalent, from an accredited college or university and one of the following:

(A) Completion of a SLPA training certificate program through an accredited college or university;

(B) Completion of ASHA SLPA requirements; or

(C) Equivalent training as determined by the Board.

(iii) Successfully complete a minimum of one hundred (100) hours of supervised clinical field work or its equivalent clinical practicum. Supervised clinical field work shall include a minimum of:

(A) 80 hours of direct patient/client/student services under the supervision of a SLP; and

(B) 20 hours of indirect patient/client/student services under the supervision of a SLP.

(b) Application. An applicant must submit the following:

(i) Completed application packet and payment of appropriate fees;

(ii) Official transcripts if applying under Section 2(a)(i);

(iii) Documentation of completion of supervised field experience;

(iv) The applicant shall obtain an approved supervision agreement prior to practicing.

(v) Fingerprints and other information necessary for a criminal history record background check as required by W.S. 7-19-201(a)(xxix).

Section 3. Practice of SLPA

(a) Service Delivery. A SLPA may perform the following tasks based upon his or her training and competency:

(i) Conduct speech, language, and hearing screenings without clinical interpretation;

(ii) Assist the SLP with other tasks as directed;

(iii) Assist the SLP with the bilingual translation or interpretation during screening and assessment activities exclusive of data interpretation;

(iv) Follow documented treatment plans or protocols developed by the supervising SLP;

(v) Document student, patient and client performance and report this information to the supervising SLP; and

(vi) Program and provide instruction in the use of augmentative and alternative communication devices developed and directed by the SLP.

(b) Administrative Support. A SLPA may perform the following tasks based upon his or her training and competency:

(i) Assist with clerical duties and departmental operations such as preparing materials and scheduling activities, as directed by the SLP; and

(ii) Perform checks and maintenance of equipment.

(c) Prevention and Advocacy. A SLPA may perform the following tasks based upon his or her training and competency:

(i) Provide information to emergency response agencies for individuals who have communication or swallowing disorders; and

(ii) Support the supervising SLP in research projects, in-service trainings, public relation programs, and marketing programs.

Section 4. SLPA Limitations. SLPAs shall not:

(a) Represent himself or herself as an SLP (nor allow others to presume his or her standing as an SLP);

(b) Perform standardized or non-standardized diagnostic tests, formal or informal evaluations, or swallowing screenings/checklists;

(c) Perform procedures that require a high level of clinical acumen and technical skill (e.g., vocal tract prosthesis shaping or fitting, vocal tract imaging and oral pharyngeal swallow therapy with bolus material);

(d) Tabulate or interpret results and observations of feeding and swallowing evaluations performed by SLPs;

(e) Participate in formal parent conferences, case conferences, or any interdisciplinary team without the presence of the supervising SLP or other designated SLP;

(f) Provide interpretative information to the student/patient/client, family, or others regarding the patient/client status or service;

(g) Write, develop, or modify a student's, patient's, or client's treatment plan in any

way;

(h) Assist with students, patients, or clients without following the individualized treatment plan prepared by the certified SLP and/or without access to supervision;

(i) Sign any formal documents (e.g., treatment plans, reimbursement forms, or reports; the SLPA should sign or initial informal treatment notes for review and co-sign with the supervising SLP as requested);

(j) Select students, patients, or clients for service;

(k) Discharge a student, patient, or client from services;

(l) Make referrals for additional service;

(m) Disclose clinical or confidential information either orally or in writing to anyone other than the supervising SLP (the SLPA must comply with current HIPPA and FERPA guidelines) unless mandated by law;

(n) Develop or determine the swallowing strategies or precautions for patients, family, or staff;

(o) Treat medically fragile students/patients/clients independently; or

(p) Design or select augmentative and alternative communication systems or device.

Section 5. Annual Certification Renewal

(a) Certification Expiration. Certificates shall expire December 31st of each year. Certificate holders shall renew their certificate on or before December 31st. Certificate holders that fail to timely renew shall forfeit the right to practice.

(b) Renewal for certificates issued under Section 2 of this chapter. A certificate holder seeking renewal shall:

(i) Submit a completed renewal application and payment of fee;

(ii) Submit documentation of hourly supervision by the supervising SLP if SLPA services were provided.

(iii) Attest to completion of ten (10) CEU that complies with subsection Chapter 2 Section 7(c), and

(A) Acceptable CEU documentation shall include, but is not limited to, transcripts and certificates of completion.

(B) Waiver. The Board may grant a waiver for CEU requirements for certificate holders who have petitioned and demonstrated just cause based on extenuating circumstances.

Section 6. Supervision

(a) Each SLPA must be supervised by an SLP licensed in Wyoming. A written Supervision Agreement must be in place to include a record of all supervision, both direct and indirect. The agreement must be signed by both parties with agreement as to responsibility for this documentation. Information to be included using the following supervision schedule:

(i) First ninety (90) days from initial certification - minimum of thirty (30) percent weekly supervision shall be provided with at least twenty (20) percent being direct contact supervision of client, student, or individual and ten (10) percent of indirect contact. Weekly supervision should be arranged so that every client, student, or individual is observed at least once every two weeks. Direct contact means face to face, either through tele practice or onsite supervision.

(ii) After successful completion of the first ninety (90) days, a minimum of one hour of direct supervision each week shall be provided. In addition, direct supervision shall include direct contact supervision of every client, student, or individual every sixty (60) days with as much indirect supervision as needed.

(iii) Indirect supervision may include review of data, lesson plans, schedules, and any other issues related to the individual clients, students, and individuals.

(iv) Supervising SLP - Requirements for supervising SLP.

(A) Must have been licensed SLP practicing for a minimum of three (3) years; Time under a Provisional License does not count towards the (3) year requirement.

(B) Hold a Speech-Language Pathology license in good standing

from the Board;

(D) Must have completed at least a minimum of two (2) hours of

continuing education hours in supervision prior to beginning supervision. These will count towards CEU for licensure renewal; and

(E) Cannot supervise more than three (3) SLPAs.

(b) Each supervising SLP shall uphold the ethics and professionalism of ASHA.

Section 7. Certificate Re-issuance

(a) Eligibility. An applicant may seek re-issuance if his or her certificate has lapsed.

(b) Lapsed Certificate Re-issuance Requirements. An applicant shall:

(i) Submit a completed re-issuance application and pay the required fee; and

(ii) Submit evidence of clinical competency by submitting proof of completion of ten (10) CEU for each year or portion thereof that the certificate was lapsed up to a maximum of one hundred (100) CEU.

Section 8. Audits.

(a) CEU may be audited by the Board for verification of compliance with these requirements.

(b) If the Board disallows any CEU, the licensee shall have thirty (30) days from notice of such disallowance to:

(i) Provide evidence that the disallowed CEU meet the criteria established by these rules;

(ii) Provide documentation of having acquired additional CEU during the required time frame; or

(iii) Cure the disallowance by acquiring the required number of CEU.

(A) Any CEU activity completed past the renewal date to cure a disallowance may not be reported on subsequent applications for license renewal.

(B) If a licensee fails to complete the required number of CEU, the licensee shall be subject to disciplinary action.

(c) Ten percent (10%) of current license and certificate holders shall be selected at random annually. Chosen licensees or certificate holders shall be required to submit documentation of the CEU hours to the Board Office for audit.

History

• Effective 2026-01-07

Chapter 13 Telehealth

Wyo. Code R. 058.0001.13.12092020 § 1 Authority and Statement of Purpose

These Board Rules are adopted to implement the Board's authority to establish standards governing the delivery of speech-language pathology and audiology services via telehealth granted by Wyoming Statute 33-1-303(a)(iv).

History

• Effective 2020-12-09

Wyo. Code R. 058.0001.13.12092020 § 2 Definitions

(a) "Facilitator" means an individual who is physically located where the client receives services and who facilitates the delivery of telehealth services at the direction of the Licensee.

(b) "Telehealth" means the delivery of speech-language pathology or audiology services using electronic communications, information technology, or other means between a Licensee in one location and a patient in another location.

History

• Effective 2020-12-09

Wyo. Code R. 058.0001.13.12092020 § 3 Guidelines for Use of Telehealth

(a) The delivery of telehealth services occurs where a client is located at the time telehealth services are provided.

(b) An individual must be licensed by the Board or have been granted the privilege to practice in Wyoming under W.S. 33-33-402 to provide telehealth services to a client physically located in Wyoming at the time the services are provided

(c) Initial assessment of a client may be conducted via telehealth and does not have to be in person.

(d) An individual who provides telehealth services to a client in Wyoming shall:

(i) Adhere to the same standard of care as if the services were performed in-person;

(ii) Have the appropriate knowledge and skills to competently deliver services via telehealth;

(iii) Assess the client's candidacy for delivery of services via telehealth and determine it is appropriate given the type of service and the needs of the client before providing services via telehealth; and

(iv) Use a Facilitator when necessary to appropriately provide services via telehealth.

History

• Effective 2020-12-09

Chapter 14 Practice and Procedures for Applications

Wyo. Code R. 058.0001.14.01182024 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-33-305 (a) and 16-3-103(j)(i).

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.14.01182024 § 2 Application Action

The Board may deny, refuse to renew, impose probationary conditions upon a license for any of the following:

(a) Unprofessional conduct as defined in W.S. 33-33-305;

(b) Violating or conspiring to violate or aiding or abetting any person in violating the provision(s) of the Act or any provision of the Board rules and regulations;

(c) Committing a dishonest or fraudulent act related to practice;

(d) Being incompetent or negligent in the practice of Speech-Language Pathology or Audiology which has endangered or is likely to endanger the health, welfare, or safety of the public;

(e) Attempting to procure a license by bribery, fraudulent misrepresentation, or through an error in information provided to the Board;

(f) Making or filing a report or record signed as a Speech-Language Pathologist or Audiologist which the licensee knows to be false, intentionally or negligently failing to file a report or records required by state or federal law, willfully impeding or obstructing such a filing, or inducing another person to impede or obstruct such a filing;

(g) Improperly supervising an aide, audiometric technician, or a SLPA;

(h) Violating a lawful order of the Board entered in a disciplinary matter, or failing to comply with a lawfully issued subpoena of the Board;

(i) Practicing while a license is revoked, suspended, or expired;

(j) Exercising influence on a client in such a manner as to exploit the client for financial gain of the Licensee or of a third party;

(k) Failing to comply with the Board's request for production of documents not otherwise protected by law;

(l) Failing to adequately refer or transfer care; and

(m) Abandoning a client.

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.14.01182024 § 3 Application Review

(a) Assigning Application Review Committee (ARC).

(i) Board staff shall review all applications for a license.

(ii) When Board staff determines that there may be grounds to deny a license or approve a license subject to discipline or restrictions, Board staff shall refer the application to an ARC.

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

(c) The ARC may recommend that the Board:

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

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

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

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

(ii) The Notice of Intent shall contain:

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

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

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

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

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

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

(iii) Withdraw the application.

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

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

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.14.01182024 § 4 Hearing Procedure

(a) Upon receiving a written request for a hearing from an applicant, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing on the applicant at least 30 days before the hearing. The Notice of Hearing shall contain:

(i) A brief statement of the matters asserted, including:

(A) The ARC's recommendation;

(B) The facts upon which the recommendation is based; and

(C) The statutory provisions or Board rules the applicant is alleged to have violated or failed to meet to qualify for licensure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

• Effective 2024-01-18

Chapter 15 Practice and Procedures for Discipline Matters

Wyo. Code R. 058.0001.15.01182024 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-33-305 and 16-3-103(j)(i).

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.15.01182024 § 2 Disciplinary Action

The Board may take disciplinary action for the following:

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

(b) Violating a Board order;

(c) Unprofessional conduct as defined in W.S. 33-33-305(a);

(d) Violating the Code of Ethics as found in Chapter 1, Section 6 of these Rules;

(e) Violating or conspiring to violate or aiding or abetting any person in violating the provision(s) of the Act or any provision of the Board rules and regulations;

(f) Committing a dishonest or fraudulent act related to practice;

(g) Being incompetent or negligent in the practice of Speech-Language Pathology or Audiology which has endangered or is likely to endanger the health, welfare, or safety of the public;

(h) Attempting to procure a license by bribery, fraudulent misrepresentation, or through an error in information provided to the Board;

(i) Making or filing a report or record signed as a Speech-Language Pathologist or Audiologist which the licensee knows to be false, intentionally or negligently failing to file a report or records required by state or federal law, willfully impeding or obstructing such a filing, or inducing another person to impede or obstruct such a filing;

(j) Improperly supervising an aide, audiometric technician, or a SLPA;

(k) Violating a lawful order of the Board entered in a disciplinary matter, or failing to comply with a lawfully issued subpoena of the Board;

(l) Practicing while a license is revoked, suspended, or expired;

(m) Exercising influence on a client in such a manner as to exploit the client for financial gain of the Licensee or of a third party;

(n) Failing to comply with the Board's request for production of documents not otherwise protected by law;

(o) Failing to adequately refer or transfer care; or

(p) Abandoning a client.

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.15.01182024 § 3 Complaint Review and Disciplinary Investigation

(a) Complaints that a licensee has violated the Board's practice act or the Board's rules shall be submitted to the Board's office. Board staff may initiate complaints.

(b) After receiving a complaint or initiating a complaint, Board staff shall assign the complaint to an Investigation Committee (IC) for investigation.

(c) After reviewing and investigating the complaint, the IC may recommend that the Board:

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement;

(iv) Discipline the licensee, including:

(A) Suspend a license;

(B) Revoke a license; or

(C) Impose probationary conditions.

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.15.01182024 § 4 Summary Suspension

(a) An IC may recommend that the Board summarily suspend a license at any time when the IC or Board staff believes that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:

(i) A copy of the complaint, if any;

(ii) A description of the grounds for the summary suspension recommendation; and

(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.

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

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

(e) Hearing Format.

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

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

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

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

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

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

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

(i) Post-Deprivation Hearing.

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

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

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

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

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.15.01182024 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(a) A licensee may petition the Board, in writing, to voluntarily surrender a license in lieu of discipline.

(i) The IC shall recommend that the Board approve or deny the petition.

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

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

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

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

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

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

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

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.15.01182024 § 6 Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.

(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:

(i) Include a brief description of the facts or conduct that warrant the intended action;

(ii) Include a description of the nature of the discipline the IC intends to seek; and

(iii) Provide the Licensee no less than 30 days to show that the licensee has complied with all lawful license requirements.

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

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

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

(f) When a petition for disciplinary action is filed, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the applicant at least 30 days before the hearing. The notice of hearing shall contain:

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

(ii) The facts justifying the disciplinary action sought;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Impose no discipline on the licensee;

(2) Issue an Advisory Letter; or

(3) Issue a Letter of Warning

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

(1) Impose probationary conditions;

(2) Suspend a license; or

(3) Revoke a license.

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

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

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

History

• Effective 2024-01-18

Wyo. Code R. 058.0001.15.01182024 § 7 Petition for Modifying Conditions or Restrictions

(a) A licensee may petition the Board to modify any conditions or restrictions on his or her license. The licensee shall submit a written petition for modification to the Board office. The petition for modification shall include evidence demonstrating:

(i) Compliance with all previously entered Board orders;

(ii) That the modification is consistent with any treatment plan or medical orders, if applicable; and

(iii) That the modification will ensure the public is adequately protected.

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

(c) Board Consideration.

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

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

History

• Effective 2024-01-18