Wyo. Code R. 016 | Wyoming Administrative Rules 016 — Barber Examiners, Board of

265 Barber Examiners, Board of

Chapter 2 Infection Control

Wyo. Code R. 016.0001.2.06022021 § 1 Definitions

(a) Clean: Removal of surface and/or visible debris by using soap, detergent or chemical "cleaner", followed by a clean water rinse. Prepares non-porous items for disinfection by removing debris, product residues, organic matter and oils that may interfere with disinfection chemicals. Reduces the number and slows the growth of pathogens on both porous and non-porous surfaces. Cleaning does not make multi-use items safe for use.

(b) Disinfect: The process of making a non-porous item safe for use. Requires the use of a chemical intended to kill or denature a bacteria, virus or fungus. Items to be disinfected must be cleaned prior to disinfection. Proper disinfection requires adherence to manufactures label with regard to concentration and contact time. UV light is not acceptable for disinfection.

(c) Disinfectant: EPA registered bactericidal, virucidal and fungicidal disinfectant that is approved for use in a shop, or spa setting. Instruction label must be followed for dilution ratio and contact time. Disinfectant used when there is contact with blood or body fluids must be labeled as effective against HIV-1 and human Hepatitis B virus.

(d) Contact Time: The amount of wet contact time required for a disinfectant to be effective against the pathogens on the label. Clean items or surfaces must remain completely immersed or visible wet (spray or wipes) for full contact time to be effective.

(e) Non-porous: Material that has no pores and does not allow for liquids to be absorbed or pass through. Common non-porous materials include glass, metal and plastic.

(f) Porous: Material that has minute spaces or holes through which liquid or air may pass. (Permeable, penetrable, cellular).

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 2 Wet Disinfection and Storage Standards

(a) Prior to use on any client, all non-porous tools and implements or multi-us items must be cleaned and disinfected. Items must be cleaned with soap and water or a chemical cleaner. Items must then be disinfected by complete immersion in a properly diluted EPA registered, bactericidal, virucidal, fungicidal disinfectant that is mixed and used according to the manufacturer's directions. EPA registered bactericidal, virucidal, and fungicidal wipes and sprays may be used where designated in these rules.

(b) Items must stay immersed or visibly wet with disinfectant for the entire contact time listed on the manufacturer's label to be effective.

(c) All disinfectant must be prepared daily according to manufacturer's directions or more often if solution becomes contaminated or cloudy.

(d) All licensees must have an adequate supply of implements to allow for disinfection time between clients.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 3 Single Use Items (porous items)

(a) Any item that cannot be cleaned and disinfected, is considered single use and must be disposed of after each use. This includes, but is not limited to, any material except metal or glass, all cotton, wooden spatulas, neck strips, and paper coverings.

(b) All single use items must be stored in a clean, covered container marked "clean" or in their original, single use packaging.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 4 Dry Storage Standards

Disinfected implements must be stored in a disinfected, dry covered container and be isolated from contaminants. At no time can these items come into contact with used/dirty items.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 5 Clippers and Trimmers

Clippers and trimmers must be cleaned and disinfected after each use with a disinfectant spray or wipe, used according to manufacturer's label. Clipper wash may be used as a cleaner prior to disinfection, but is not acceptable as a disinfectant unless labeled as a bactericidal, virucidal and fungicidal disinfectant. Clippers must be stored in a clean place such as on a hook, stand or on a clean towel covered by a clean towel when not in use.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 6 Latherizer

(a) Exterior of Latherizer must be cleaned and disinfected after each client.

(b) Latherizer must be drained, cleaned and disinfected weekly.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 7 Hand Hygiene

Thoroughly wash hands and exposed portions of the arms with soap and water before providing services to each client, and after smoking, drinking, eating, and using the restroom. An equally effective hand sanitizer is acceptable except for after using the restroom.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 8 Blood Exposure Procedure

If a blood exposure should occur, the following steps must be followed:

(a) When possible, injured party should go to a sink and rinse injury with running water and "milk" the injury to remove any bacteria that may have entered the wound;

(b) Supply injured party with antiseptic or single use packet of antibacterial ointment and the appropriate dressing to cover the injury; and

(c) Dispose of all soiled articles in trash. Immediately clean and disinfect all non-porous items, do not continue service with these items.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 9 Chemical Safety

(a) Chemicals shall be transported and stored in accordance with the manufactures label.

(b) Chemicals must be stored in the original containers.

(c) Chemicals must be stored in overhead cabinets or locked cabinets. They may not be stored in areas used by customers such as bathrooms.

(d) Chemicals may only be mixed and applied to customers specifically as instructed on manufactures label, including patch test.

(e) Chemicals must be discarded in accordance with manufactures label, local, state, and federal rules.

(f) Chemicals shall not be mixed with any other substance unless expressly instructed on the label.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 10 Communicable Disease

Licensee's shall not perform any service if they have been diagnosed with a communicable disease until cleared by a medical professional for return to work. Licensee's shall not perform a service on a client who has visible swelling, eruption, redness, bruising on skin or rash in area where a service is to be performed. Clients with a physician's note indicating they are not contagious (such as psoriasis) are an exception to this rule.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 11 Product Safety

(a) All products in multiuse containers such as lotions, creams, powders, and waxes shall be stored, handled, and applied in such a manner as to prevent contamination of the remaining product in the container.

(b) All product in multiuse containers shall be removed from containers with a new, single use spatula or a non-porous spatula that has been cleaned and disinfected.

(c) A single spatula may be used for product that is separated into single use, disposable container for application, but all remaining product, the container and spatula must be disposed of immediately following the service.

(d) No implement shall be doubled dipped back into the original container.

(e) Powder shall be dispensed from shaker and liquid preparations shall be dispensed from an atomizer or applicator bottle without contamination.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 12 Towels and Coverings

(a) A clean cape shall be provided for each client.

(i) If it is not possible to use a clean cape for each client, a neck strip or clean towel must be used.

(b) All clean towels, client coverings shall be stored in a clean closed dry cabinet or container.

(c) All soiled linens shall be kept in a ventilated container with lid. All linens must be laundered prior to use. Laundry may be done through commercial laundry services or on site. If laundry is being done on-site, there must be a functional washing machine and dryer on the premises.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 13 Leather Barber Strop

Leather barber strops may be used to sharpen and polish the blade of a razor only if the razor has been disinfected prior to use in accordance with section 2 of these rules. Leather strops may not be used during a service when the blade has come in contact with the patron.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 14 Common Areas

(a) Shampoo bowls shall be cleaned with approved disinfectant daily.

(b) Headrest must be cleaned after each use. When not in use headrest must be kept in a clean place free of dust and debris.

(c) Restroom facilities shall be adequately supplied with disposable hand towels and liquid soap. Cloth towels are not allowed.

(d) Hand sanitizer shall be available.

(e) All facilities shall have an adequate supply of potable hot and cold water under pressure. The water supply shall comply with the requirements of the Federal Safe Drinking Water Act, and the safe drinking amendments of 1977, 42 U.S.C. § et seq. and regulations adopted there under.

(f) All refuse shall be deposited in suitable receptacles with lids. Lids shall be kept in place at all times. All refuse shall be disposed of in a manner so as not be unsightly, offensive, or a menace to health. Hair cuttings shall be swept up and properly disposed of after each client.

(g) All coffee and other refreshments shall be served in a single use container with lids. No open food or drink is allowed in the work are.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.2.06022021 § 15 Prohibited Items

The following items shall not be present in a barber shop.

(a) Common Shaving brushes;

(b) Lump alum (when used for styptic purposes)

(d) Wooden handle, natural bristle neck brushes.

History

Effective 2021-06-02

Chapter 3 Fees

Wyo. Code R. 016.0001.3.03062024 § 1 Fees

The board hereby establishes non-refundable fees in the amounts indicated, for the following:

(a) Hands on Practical Examination Fee $ 50.00

(b) Personal License Renewal Fee (annual) $ 75.00

(d) Temporary Location License Fee $ 75.00

(e) Barber Shop License (annual) $ 85.00

(f) Mobile Barber Shop License (annual) $ 85.00

(g) New Shop Application Fee $100.00

(h) New Mobile Shop Application Fee $100.00

(i) Change of Location Application Fee $100.00

(j) New Barber School Application $150.00

(k) Barber School License Fee (annual) $100.00

(l) Barber Instructor License Fee (annual) $ 75.00

(m) Endorsement/Reciprocity Fee $150.00

(n) Personal and Instructor License Renewal Late Fee (annual) $ 30.00

(o) Barber Shop/School Renewal Late Fee (annual) $ 40.00

(p) Certification of Record $ 20.00

(q) Mailing List of Names (30 names or 1 page) $ 2.00

(r) Mailing List of Names on Labels (30 names or 1 page) $ 3.00

History

Effective 2024-03-06

Wyo. Code R. 016.0001.3.03062024 § 2 Authority

The Board of Barbers is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs and charges for inspecting, copying, and producing public records.

History

Effective 2024-03-06

Wyo. Code R. 016.0001.3.03062024 § 3 Adoption of Uniform Rules

The Board of Barbers hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedure, 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 of Barbers 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 amendment 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 of Barbers office and are available for public inspection and copying at the same location.

History

Effective 2024-03-06

Chapter 4 General Provisions

Wyo. Code R. 016.0001.4.09032026 General Provisions

Chapter 4

General Provisions

Section 1. Authority and Purpose. These rules are adopted by the Wyoming Board of Barber Examiners, hereinafter "Board," under W.S. 33-7-111, and in accordance with the Administrative Procedures Act, to execute its responsibilities pursuant to the Act.

Section 2. Disposition of Fees. Under no circumstance will the Board refund fees.

Section 3. Display of License. Every shop, school and licensee shall conspicuously display the appropriate license(s), infection control standards, and most recent inspection sheet in a location accessible and visible to the consumer, void of any obstructions of view.

Section 4. All licensees are required to provide the board office with a current passport-type (headshot only) photo.

Section 5. Definition of shop. "Barber shop" or "shop" shall mean an establishment or place of business licensed by the Board, where one or more persons licensed by the Board are engaged in the practice of barbering.

Section 6. Scope of Practice as Defined for Barber or Barber Stylist License.

(a) Barber:

(i) Shaving or trimming the beard;

(ii) Cutting, singeing, trimming, styling, shampooing the hair; and

(iii) Cosmetic applications or treatments to the face, neck, scalp, and hair with oils, creams, lotions, antiseptics, powder, clays or other preparations.

(b) Barber Stylist:

(i) Shaving or trimming the beard.

(ii) Cutting, singeing, trimming, styling, shampooing, chemical waving, straightening, bleaching, tinting, coloring or similar functions to the hair or beard; and

(iii) Cosmetic applications or treatments to the face, neck, scalp and hair with oil, creams, lotions, antiseptics, powder, clays or other preparations.

Section 7. Credit Allowed to Cosmetologist and Hairstylists. A Cosmetologist or Hairstylist who holds a current license may enroll in a barber crossover program. After completing a crossover course of study set forth in Chapter 8, Section 5(a) of these rules, and meeting all other application requirements, the applicant may sit for the Barber Examination.

Section 8. Credit Hours vs. Clock Hours. If a student transfers to a licensed Wyoming barber school from a barber school outside of Wyoming, the Board will recognize a conversion ratio of 30 clock hours to 1 credit hour. The credit hours must be in the field of barbering and the student must have completed the credit hours within the past five (5) years.

Section 9. Temporary Practice Permits for military members and their spouses.

(a) The Board shall not issue temporary practice permits for military members or their spouses under W.S. 33-1-117 (e).

Section 10. Administration of Board Examinations. The Board may delegate an exam administration company as a qualified examiner.

History

Effective 2026-09-03

Chapter 5 Schools

Wyo. Code R. 016.0001.5.06022021 § 1 Applications and License

No person, association, partnership or corporation may operate a barber school without first securing a license from the Board. Applications shall be made on the prescribed form and be accompanied by the appropriate fee. The completed application shall include or be accompanied by the following information:

(a) The name of the school, the owner and proprietor, the street address and a description of the exact location of the school;

(b) A detailed floor plan of the school building showing a minimum of 1,500 square feet of floor space; the location of separate restrooms for male and female students; the location of at least one classroom which is separated from the clinic area by walls or partitions; the shampoo area; dispensary; entrances and exits; carpeted areas of floor and location of all equipment required;

(d) Copies of the school's information brochure, school rules and regulations and policies, and the financial agreements required of students;

(e) A statement that management personnel are knowledgeable about applicable federal, state and local laws and regulations which may apply to the school; and

(f) The names, addresses and license numbers of all instructors.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 2 Postsecondary Schools

As used in these regulations and in application forms issued by the Board, the term "postsecondary" shall mean an institution or school that has certified in its application to the Board that it will only enroll individuals who meet one of the following qualifications:

(a) Holds a high school diploma;

(b) Holds a general education development (GED) certification or its equivalent;

(c) Has completed a home-schooling program that meets the requirements of the state in which it occurred and contains at least twelve (12) high school credits; or

(d) Has provided acceptable proof of prior enrollment, commencing at any date prior to July 1, 2012, in a Title IV eligible academic program at a Title IV eligible postsecondary institution. With respect to an institution, "Title IV eligible" shall have the meaning given in 34 C.F. R.§ 668.8 as the regulation existed at the time of such prior enrollment. The status of being postsecondary is optional, and an applicant may apply to operate a barber school in Wyoming without such status.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 3 Secondary Schools

. As used in these regulations and in application forms issued by the Board, the term "Secondary" shall mean an institution or school that has certified on its application to the Board that it is a public or private vocational-technical school.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 4 Consideration of Application

The Board shall consider school license applications at regularly scheduled meetings. The school shall not open until the Board has approved its application and it has passed the initial Board inspection.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 5 General Requirements

(a) Schools may not permit students to perform any services on the public under any circumstance until the student has accrued fifteen (15) percent of the total hours required within the course.

(b) Schools shall not pay compensation to any of their students, either directly or indirectly.

(c) Instructors or student instructors shall not be permitted to perform services on the public other than services pertaining directly to the curriculum.

(d) Schools shall provide both theory instruction and practical skills training in all subjects applicable to the course of study the Board requires in Chapter 8.

(e) Schools must at all times be under immediate supervision of a licensed instructor.

(f) Students may not release patrons from their chairs after service until an instructor has thoroughly inspected and approved all the work the student has performed.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 6 Definitions

(a) A student is a person enrolled in a school of barbering or barber instructor program.

(b) The clinic area or "floor" is the part of the school where students with more than the basic training requirements and instruction may provide services for patrons or clients.

(d) Models are volunteers who students or instructors may use to demonstrate and practice various procedures. Models do not pay for services rendered. Students with less than the basic training requirements and instruction may practice on models only when under the direct supervision of an instructor.

(e) A class consists of lectures, demonstrations, and discussion designed to provide students with a basic understanding of the necessary principles for the practice of barbering.

(f) An instructor means a person licensed to teach barbering.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 7 Facility and Equipment Requirements

All schools must comply with all health, safety, and infection control rules for establishments outlined in Chapter 2 and provide:

(a) A clean, well maintained facility;

(b) A reception area for clients and patrons;

(c) An area designed for theory instruction equipped with enough tables or desks and chairs to meet the instructional needs of assigned or scheduled students;

(d) A designated clinic area for supervised practical skills training;

(e) One (1) barber chair with a headrest for each three (3) students that can be elevated, lowered, and reclined;

(f) One (1) work station for each three (3) students with a cabinet or drawer for tools and a mirror large enough for students to see their work area at all times;

(g) A shampoo bowl readily accessible to the student, with hot and cold running water and hose arrangement for shampooing;

(h) One (1) latherizer for each three (3) students;

(i) Wet and dry disinfectant containers;

(j) One (1) classroom size chalkboard, whiteboard or screen;

(k) Training manuals and curriculum lesson plans for all courses offered;

(l) Two (2) copies of the Wyoming Board of Barbers Law Book to be kept in the school's library;

(m) A copy of the Wyoming Board of Barbers Law Book to each student enrolled, which the student may keep;

(n) A seal bearing the name of the school and to impress on all official documents such as diplomas;

(o) Diplomas, to be received by students when they complete the prescribed course of study, bearing the name of the school, school seal, date of completion, student's name, and instructor signature(s);

(p) A locking file cabinet for safeguarding student files and records;

(q) A conspicuous sign at the entrance bearing the words "School";

(r) A sign with the words "student work only" posted in plain sight in the clinic area; and

(s) One (1) fire extinguisher must be on location or the school must meet all fire safety requirements set forth by the local fire department.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 8 Advertising

All advertising of a school shall clearly state that the establishment is a barber school and that services are provided only by students.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 9 Student Records at School Closing or Sale

If a school ceases its operation or is sold to another party, the school must immediately notify the Board and all records of instruction for all students attending the school at or before the time of its closing or sale must be filed with the Board within ten (10) days.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 10 School License Renewal

A school must apply to renew its license on or before June 30 every year. If a school does not apply to renew its license by July 31, the school license expires. A school with a license that has been expired for less than sixty (60) days may apply to renew its license, but must pay a late fee as specified in Chapter 3. If a school does not apply to renew its license within sixty (60) days after July 31, the school may not apply to renew its license, but must apply for a new license.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 11 Combined Cosmetology/Barber School

A Barber school may be established in the same location as a Cosmetology school licensed under W.W. 33-12-110 through 33-12-140. Combined schools shall adhere to the requirements of both Boards, and in case of conflicting requirements, the more exacting standard shall be applied.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 12 No School License Shall be Transferred

When a school is sold, the party holding the license must notify the Board of the sale. The new owner(s) must apply for a new license.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 13 Inspections

All schools shall be open to inspections by authorized representative of the Board anytime during normal business hours.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.5.06022021 § 14 Remote Education

(a) Schools may offer remote education subject to the limitations in Chapter 8, Section 7 of these rules.

(b) In addition to any other recordkeeping requirements, for courses with any hours obtained remotely, schools shall maintain records of;

(i) Course syllabi;

(ii) Which software the school used to implement remote education; and

(iii) Any contracts or agreements the school enters with software providers.

History

Effective 2021-06-02

Chapter 6 Instructors

Wyo. Code R. 016.0001.6.04012016 Instructors

Chapter 6

Instructors

Section 1. Instructor/Student Ratio. At least one licensed instructor must be present on the school premises at all times students are present. There shall be no more than twenty (20) students present for each instructor. Of the twenty (20) students permitted per instructor, no more than three (3) shall be student instructors.

Section 2. Practice by Instructors. No one actively engaged in teaching barbering shall practice barbering in the school except as is absolutely necessary for instructional purposes. Practice in a shop on one's own time is not prohibited.

History

Effective 2016-04-01

Chapter 7 Student and Student Instructors

Wyo. Code R. 016.0001.7.01282020 § 1 Student Qualifications

Students enrolled in any barber course must be at least 17 years of age and must have at least a tenth-grade education or its equivalent.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 2 Enrollment Reports

Within ten (10) days of the enrollment of any student, the school shall provide the following information to the Board, on a form approved by the Board:

(a) The name and address of the school;

(b) The name and address of the student;

(d) Student's date of birth;

(e) Proof of the student's tenth-grade education or its equivalent;

(f) Signatures of student and registrar; and

(g) Verification of Lawful Presence, which may take the form of:

(i) A copy of a U.S. passport or permanent resident card; or

(ii) A copy of a government issued photo ID and either a copy of a social security card or a copy of a birth certificate issued by a United States state or county.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 3 Student Instructor Qualifications

Prior to enrolling in a school's instructor training course, students must graduate from high school or receive an equivalency certificate, obtain a Wyoming Barber License, and practice barbering in a licensed shop for at least two (2) years.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 4 Student Instructor Enrollment

Within ten (10) days of enrollment of a student instructor the school shall provide the following information to the Board on a form approved by the Board:

(a) The name and address of the school;

(b) The name and address of the student instructor;

(d) Student's date of birth;

(e) Proof of the student's high school graduation or equivalency certificate;

(f) Signatures of student and registrar; and

(g) Proof of work experience as required in Section 3 of this chapter. A student may prove their work experience in a licensed shop with a notarized statement by their employer(s) or through tax documents.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 5 Students and Student Instructors to be supervised

All students and student instructors shall be under the supervision of a licensed instructor throughout the entire course of instruction.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 6 Student Records and Reports

(a) Each school shall keep a daily record of every student's activities which shall be signed by an instructor.

(b) On or before the tenth (10) day of every month, schools shall report to the Board the actual number of hours each student acquired during the previous month.

(c) All records and reports shall be made on forms approved by the Board and furnished by the school. Schools shall send the original report under subsection (b) of this section to the Board, provide one copy to the student, and retain one copy. Reports shall be signed by the student and an instructor.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 7 Transfers

(a) Students may transfer from one school to another after notifying the Board.

(b) If a student from outside Wyoming transfers to a barber school in Wyoming, the the student may provide the Board certification of the hours they have completed in the past 5 years from their state or country's barber board or licensing agency. If a student does so, the student will receive credit for completing those hours. Credit hours are converted to clock hours on the basis provided in Chapter 4, Section 8 of these rules.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 8 Withdrawals

The school shall notify the Board within five (5) days of a student's withdrawal from school.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 9 Re-entry

(a) Students and student instructors which have withdrawn from their courses may re-enter their courses. Schools may enroll re-entering students as provided for in Sections 2 and 4 of this chapter.

(b) If a student has withdrawn from studies for more than 5 years, the student may not receive credit for any coursework they previously completed.

History

Effective 2020-01-28

Wyo. Code R. 016.0001.7.01282020 § 10 Student Practice

Students who have completed either the basic training or fifteen (15) percent of the total hours required may practice barbering on patrons under the direct supervision of an instructor in a school.

History

Effective 2020-01-28

Chapter 8 Course of Study

Wyo. Code R. 016.0001.8.04012026 Course of Study

Chapter 8

Course of Study

Section 1. Course of Study for Barber/Barber Stylist Students. The following minimum curriculum requirements listed in this chapter are established for all schools licensed by the Board. Schools offering training in clock hours must meet the following minimum hours in each unit of study. Schools offering training in credit hours must offer an equivalent training program as prescribed by the school's accrediting agency's clock hour to credit hour conversion formula. If the school's accrediting agency does not provide a clock hour to credit hour conversion formula, the school must use the formula the Board provides in Chapter 4, Section 8 of these rules. Schools may offer all or part of the courses set forth herein, provided that the school meets appropriate facility requirements and that the school's instructors have appropriate training to teach the subjects the school offers.

Section 2. Barber Stylist Course Curriculum - 1250 Course Hours. Schools offering barber stylist courses must include the following minimum requirements in the barber stylist course curriculum.

(a) A minimum of one hundred (100) hours in infection control shall consist of:

(i) Related theory;

(ii) Products, materials and implements;

(iii) Preparations, procedures and practice;

(iv) Public protection;

(v) Methods of disinfection;

(vi) Chemical agents;

(vii) Types and classifications of bacteria;

(viii) Bacterial growth; and

(ix) Infections.

(b) A minimum of one hundred (100) hours in shampoo, rinses and scalp treatments shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparations, procedures and practice;

(v) Products, materials and implements;

(vi) Hair analysis;

(vii) Disorder of the hair and scalp;

(viii) Hair and scalp treatments;

(ix) Related chemistry; and

(x) Client record keeping.

(i) Related theory, safety, and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Products, materials and implements;

(v) Preparations, procedures, and practice;

(vi) Use of shears, razor and clippers;

(vii) Products, materials and implements;

(viii) Client consultation and recommendations; and

(ix) Client record keeping.

(d) A minimum of one hundred fifty (150) hours in chemical re-arranging, perms and relaxers shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparations, procedures and practice;

(v) Products, materials and implements;

(vi) Hair analysis and client consultation;

(vii) Related chemistry; and

(viii) Client record keeping.

(e) A minimum of one hundred (100) hours in hair coloring shall consist of the following:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparations, procedures and practice;

(v) Products, materials and implements;

(vi) Hair analysis and client consultation;

(vii) Related chemistry;

(viii) Temporary, semi-permanent, demi-permanent and permanent applications;

(ix) Bleaching, tinting, toning, frosting, special effects and corrective color;

(x) Client consultation and recommendations; and

(xi) Client record keeping.

(f) A minimum of fifty (50) hours in hairstyling shall consist of:

(i) Related theory, safety and infection control;

(ii) Blow-dry styling;

(iii) Thermal curling; and

(iv) Hairpieces.

(g) A minimum of one hundred fifty (150) hours in shaving and beard trimming shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Honing and stropping;

(v) Use of clippers and shears on beard;

(vi) Shaving face and neck;

(vii) Client consultation; and

(viii) Client record keeping.

(h) A minimum of fifty (50) hours in facial services shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparations, procedures, and practice;

(v) Products, materials and facial implements;

(vi) Theory of massage and facial treatments;

(vii) Use of electrical appliances, currents and specialized machines for treatments;

(viii) Client consultation and recommendations; and

(ix) Client record keeping.

(i) A minimum of fifty (50) hours in shop management and business methods shall consist of:

(i) Related theory, safety and infection control;

(ii) Opening a shop and business plan;

(iii) Written agreements;

(iv) Regulations and laws;

(v) Shop operations, policies, practices, personnel, compensations, and payroll deductions; and

(vi) Use of telephone, advertising, retail and salesmanship, client communications, public relations, and insurance.

(j) A minimum of fifty (50) hours may be used on miscellaneous studies to consist of:

(i) To be applied by the Instructor to strengthen student performance in curriculum related areas; or

(ii) For supervised field trips and other course related training.

Section 3. Barber Course Curriculum (No Chemicals) - 1000 Course Hours. Schools offering barber courses must include the following minimum requirements in the barber course curriculum.

(a) A minimum of one hundred (100) hours in safety and infection control shall consist of:

(i) Related theory;

(ii) Products, materials and implements;

(iii) Preparations, procedures and practice;

(iv) Public protection;

(v) Methods of disinfection;

(vi) Chemical agents;

(vii) Types and classifications of bacteria;

(viii) Bacterial growth; and

(ix) Infections.

(b) A minimum of one hundred (100) hours in shampoo, rinses, and scalp treatments shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparations, procedures and practice;

(v) Products, materials and implements;

(vi) Hair analysis;

(vii) Disorder of the hair and scalp;

(viii) Hair and scalp treatments;

(ix) Related chemistry; and

(x) Client record keeping.

(i) Related theory, safety, and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Procedures, materials and implements;

(v) Preparations, procedures, practice;

(vi) Use of shears, razor and clippers;

(vii) Products, materials and implements;

(viii) Client consultation and recommendations; and

(ix) Client record keeping.

(d) A minimum of fifty (50) hours in hairstyling shall consist of:

(i) Related theory, safety and infection control;

(ii) Blow-dry styling;

(iii) Thermal curling; and

(iv) Hairpieces.

(e) A minimum of one hundred fifty (150) hours in shaving and beard trimming shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Honing and stropping;

(v) Use of clippers and shears on beard;

(vi) Client consultation; and

(vii) Client record keeping.

(f) A minimum of fifty (50) hours in facial services shall consist of:

(i) Related theory, safety and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparations, procedures and practice;

(v) Products, materials and facial treatments;

(vi) Theory of massage and facial treatments;

(vii) Use of electrical appliances, currents and specialized machines for treatments;

(viii) Client consultation and recommendations; and

(ix) Client record keeping.

(g) A minimum of fifty (50) hours in shop management and business management shall consist of:

(i) Related theory, safety and infection control;

(ii) Opening a shop and business plan;

(iii) Written agreements;

(iv) Regulations and laws;

(v) Shop operations, policies, practices, personnel, compensations, and payroll deductions; and

(vi) Use of telephone, advertising, retail and salesmanship, client communications, public relations and insurance.

(h) A minimum of fifty (50) hours may be used in miscellaneous studies to consist of:

(i) To be applied by the Instructor to strengthen student performance in curriculum related areas; or

(ii) For supervised field trips and other course related training.

Section 4. Course of study for student instructor. Any course offered to student instructors shall consist of at least five hundred (500) hours of instruction and shall have a curriculum which provides for the following:

(a) An introduction to teaching;

(b) Ethics and personality development;

(d) The use of audio and visual teaching aids;

(e) Test construction and analysis;

(f) Record keeping for schools and students;

(g) Theory class lectures;

(h) Performance class demonstrations;

(i) Laws and rules governing barbering; and

(j) Student supervision, not to exceed two hundred fifty (250) hours supervising students in the clinic area.

Section 5. Course of Study for Cosmetologist Crossover License - 150 Course Hours. Schools offering cosmetology-crossover courses must include the following minimum requirements in the cosmetology-crossover course curriculum.

(a) A minimum of fifty (50) hours in clipper technique shall consist of:

(i) Related theory, safety and infection control; and

(ii) Shear, razor, and clipper techniques in tapering and fading.

(b) A minimum of one hundred (100) hours in shaving and beard trimming shall consist of:

(i) Related theory, safety and infection control;

(ii) Use of clippers and shears on beard;

(iii) Shaving face and neck; and

(iv) Client consultation, recommendations and client record keeping.

Section 6. Course of Study for Hairstylist Crossover License - 200 Course Hours. Schools offering hairstylist-crossover courses must include the following minimum requirements in the hairstylist-crossover course curriculum.

(a) A minimum of fifty (50) hours in clipper technique shall consist of:

(i) Related theory, safety and infection control; and

(ii) Shear, razor, and clipper techniques in tapering and fading.

(b) A minimum of one hundred (100) hours in shaving and beard trimming shall consist of:

(i) Related theory, safety and infection control;

(ii) Use of clippers and shears on beard;

(iii) Shaving face and neck; and

(iv) Client consultation, recommendations and client record keeping.

(i) Related theory, safety, and infection control;

(ii) Anatomy;

(iii) Physiology;

(iv) Preparation, procedure and practice;

(v) Products, materials and implements;

(vi) Theory of massage and facial treatments;

(vii) Use of electrical appliances, currents, and specialized machines for treatments; and

(viii) Client consultation, recommendations, and client record keeping.

Section 7. Hours Earned Remotely.

(a) A student may earn any non-clinical floor hours by synchronous remote education.

(b) If a student earns any portion of their hours remotely, the student's final course record shall reflect which hours the student earned remotely.

History

Effective 2026-04-01

Chapter 9 Barber Shops

Wyo. Code R. 016.0001.9.06022021 § 1 Shop Applications and License

No person, association, partnership or corporation may operate a shop without first securing a license from the Board. Applications shall be made on the prescribed form and accompanied by the appropriate fee. The completed application shall include or be accompanied by the following:

(a) The name of the shop, the owner and proprietor, and the street address.

(b) A detailed floor plan of the shop showing the work space, the location of restrooms, entrances, exits, and equipment required.

(d) Application and fees must be received fifteen (15) days prior to opening date.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 2 Shop Minimum Equipment

Each shop shall provide and maintain at minimum the following equipment:

(a) One work station, with barber chair.

(b) One shampoo bowl with hot and cold running water.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 3 Potable Water

All facilities shall have an adequate supply of potable hot and cold water under pressure. The water supply shall comply with the requirements of the Federal Safe Drinking Water Act, and the safe drinking water amendments of 1977, 42 U.S.C. § et seq. and the regulations adopted thereunder.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 4 Restroom Facilities

Every shop shall provide and maintain toilet and hand washing facilities for employees and patrons. Restroom facilities shall be convenient and accessible and shall not require passage through living quarters for access. If a shop does not currently comply with this section, it must do so if it is sold or relocated after the effective date of these rules.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 5 Separation from Living Quarters and Non-Barber Business

Using a barber shop as a living, dinning or sleeping apartment is prohibited. No barber shop may be established in a residence except by permission of the Board of Barber Examiners. Shops in a residence shall have a bathroom that is designated for shop use only and a separate entrance that shall not pass through any living quarters of the residence. A shop located in connection with another business of any kind must have solid partitions from floor to ceiling which physically separate the facilities.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 6 Premises

Shops shall keep the walls, furniture, all fixtures, and all other personal property clean and in good repair at all times; jardinières and cuspidors shall be for display purposes only. Shops shall keep floors clean and remove hair clippings from the floor between each client.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 7 Services Not Regulated by the Board

All services not regulated by the Board must be clearly designated as "not regulated or licensed by the Board of Barber Examiners." This notice shall be posted in clear view of the public.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 8 Shop Sale, Relocation or Closing

(a) Shop licenses may not be transferred upon the sale of the shop. The new owner(s) must apply for a new shop license pursuant to Section 1 of this chapter.

(b) Barber shops may relocate if shop ownership is unchanged. Shops must file with the Board the information required in Section 1 of this chapter at least 15 days before opening.

(c) Upon closing a shop, the owner and proprietor, or both if these are not the same person, shall immediately notify the Board.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 9 Barbering in Salons/Cosmetology in a Barber Shop

(a) Licensed barbers may practice in a salon so long as the salon has also been granted a barber shop license by the Board.

(b) Cosmetologists may practice in a barber shop so long as the barber shop is also licensed as a salon.

(c) Combined salons and barber shops shall adhere to the requirements of both the Board and the Wyoming Board of Cosmetology, and in the case of conflicting requirements, the more exacting standard shall be applied.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 10 Shop License Renewal

A shop must apply to renew its license on or before June 30th every year. If a shop does not apply to renew its license by July 31, the shop license expires. A shop with a license that has been expired for less than sixty (60) days may apply to renew its license, but must pay a late fee as specified in Chapter 3. If a shop does not apply to renew its license within sixty (60) days after July 31, the shop may not apply to renew its license, but must apply for a new license.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 11 Mobile Barber Shop

(a) Mobile shop means a self-contained, enclosed mobile unit licensed for the practice of barbering.

(b) No person shall establish or operate a mobile shop until such person has obtained a shop license from the Board.

(d) After the Board approves an applicant's floor plan, the applicant shall make an appointment for a Board inspection. The Board may grant final approval after this inspection. The shop may not open before passing a Board inspection.

(e) The mobile shop shall provide an itinerary showing dates, locations and time of service throughout the state at the Board's request.

(f) Mobile shops shall comply with all infection control rules that apply to barber shops.

(g) All storage cabinets shall be secured by the use of spring struts or friction catches;

(h) Mobile units shall have a door width of no less than 30 inches;

(i) All equipment shall be securely anchored to the mobile unit;

(j) One five-pound ABC fire extinguisher shall be mounted in full view;

(k) No services shall be performed while the unit is in motion;

(l) Sleeping provisions shall not be placed or maintained in the mobile unit;

(m) The mobile unit shall have a water supply. The water supply shall be self-contained. The potable water tanks shall be no less than one hundred (100) gallons. Holding tanks shall be of adequate capacity;

(n) Mobile units shall have continuous-demand hot water tanks which shall be no less than six (6) gallon capacity;

(o) Mobile units shall have within their perimeters self-contained, recalculating, flushing chemical toilets with holding tanks;

(p) The generator for a mobile unit shall have a capacity of no less than 6500 watts and shall be vented outside, UL approved;

(q) Heaters for mobile unit shall be sealed combustible units with an outside vent of no less than 30 M.B.T.U., UL approved.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 12 Permitted Locations

Barbers licensed in Wyoming may practice in the following unlicensed locations, provided that the barber follows all applicable infection control standards:

(a) The personal residence of a patron;

(b) The hotel, motel, or boarding facility in which a patron is presently residing; and

(c) The hospital, health care facility, nursing home, convalescent home, or similar health care institution in which a patron is presently living or staying.

History

Effective 2021-06-02

Wyo. Code R. 016.0001.9.06022021 § 13 Temporary Location and License

(a) A person or business may apply to receive a temporary location license on forms the Board will prescribe.

(b) A temporary location is a place where licensed barbers and barber stylists may practice barbering for up to fourteen (14) consecutive days.

(c) No person or business may operate in a temporary location without first receiving a license from the Board. A complete application must include, in addition to any other information the Board requires,

(i) The name and address of the applicant;

(ii) The complete address of the proposed temporary location;

(iii) A complete list of the services the applicant will provide;

(iv) A complete schedule of dates and times the applicant will operate in the temporary location;

(v) A detailed summary of the disinfection and infection control procedures the applicant will follow; and

(vi) A complete list of the licensed persons who will provide services in the temporary location, including their license numbers.

(d) The Board will not issue a temporary location license to cover any area of a residence that would not qualify as a barber shop under Sections 1 and 4 of these rules.

(e) All persons working in a temporary location must display their barber or barber stylist license and infection control standards at the temporary location.

(f) The Board may inspect temporary locations at any time during the dates and times the temporary location operates.

History

Effective 2021-06-02

Chapter 10 Licensing Requirements and Procedures

Wyo. Code R. 016.0001.10.09032026 § 1 Licensing by Examination

(a) An applicant who has graduated from a barber school with equal or greater hour requirements than as required under Chapter 7 may apply for a barber or barber stylist license by taking a theory and practical examination approved by the board.

(b) Applicants shall provide the Board with all documentation relating to their training. If the documents are not in English, they must be translated by a board approved translation company.

(c) Applications for licensing by examination shall be submitted to the Board office on the prescribed form accompanied by required documentation, current passport-type (headshot only) photo, and license fee.

(i) Exam fees for board or board staff administered hands-on practical exam will accompany the exam application.

(ii) Computer-based theory and practical exam fees will be paid directly to the exam administration company.

(d) An applicant who fails the examination may retake any phase of the exam failed. Applicants must register and pay the appropriate fee to the board office or test administration company before retaking any phase of the exam.

(e) Any applicant who has failed any phase of an exam and does not pass all phases within one year of failing must retake the entire examination.

History

Effective 2026-09-03

Wyo. Code R. 016.0001.10.09032026 § 2 Licensing by Endorsement

(a) An applicant from another state or country who meets the requirements of W.S. 33-7-203 may apply for licensure by endorsement.

(b) Applicants shall provide the Board with all documentation relating to their training and licensing. If the documents are not in English, they must be translated by a board approved translation company.

(c) Applications for endorsement shall be submitted to the Board on the prescribed forms and accompanied by the required documentation, current passport-type (headshot only) photo, and appropriate fees.

History

Effective 2026-09-03

Wyo. Code R. 016.0001.10.09032026 § 3 Instructor License

(a) Licensing by examination requires that:

(i) An applicant shall meet all requirements set forth in Chapter 7, Section 3;

(ii) Applicants shall provide the Board with all documentation relating to their training. If the documents are not in English, they must be translated by a board approved translation company.

(iii) Applications for examination shall be submitted to the Board office on the prescribed form accompanied by the required documentation, and license fee.

(A) Exam fees for a board or board staff administered hand-on practical exam will accompany the exam application.

(B) Computer-based theory and practical exam fees will be paid directly to the exam administration company.

(iv) An applicant who fails the examination must retake any phase of the examination failed. Applicant must register and pay the appropriate fees to the board office or test administration company before retaking the examination.

(v) Satisfy one of the following:

(A) Have graduated from an instructor program with equal or greater hour requirements as set forth in chapter 8, section 4;

(B) Have equal or greater study in teaching from outside a cosmetology school; or

(C) A combination of training and work history that is equal or greater to the requirements set forth in chapter 8, section 4.

(b) Licensing by Endorsement.

(i) An applicant from another state or country who meets the requirements of W.S. 33-7-203 may obtain a Wyoming Instructor license by endorsement.

(ii) Applicants shall provide the Board with all documentation relating to their training and licensing. If the documents are not in English, they must be translated by a board approved translation company.

(iii) A licensed Cosmetology Instructor, who is also licensed as a barber with at least one (1) year work history as a barber may obtain a Wyoming Barber Instructor license by endorsement.

(iv) Applications for endorsement shall be submitted to the Board office on the prescribed forms and accompanied by the required documentation, and appropriate fees.

History

Effective 2026-09-03

Chapter 11 Practice and Procedures for Applications

Wyo. Code R. 016.0001.11.03082023 § 1 Authority

. The Board promulgates these rules according to authority granted by Wyoming Statute §33-7-208 and 16-3-103(j)(i).

History

Effective 2023-03-08

Wyo. Code R. 016.0001.11.03082023 § 2 Application Review

(a) Assigning Application Review Committee (ARC).

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

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

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

(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 2023-03-08

Wyo. Code R. 016.0001.11.03082023 § 3 Hearing Procedure

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

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

(A) The ARC's recommendation;

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

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

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

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

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

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

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

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

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

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

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

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

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

(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 2023-03-08

Chapter 12 Practice and Procedures for Discipline Matters

Wyo. Code R. 016.0001.12.03082023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute § 33-7-208 and 16-3-103(j)(i).

History

Effective 2023-03-08

Wyo. Code R. 016.0001.12.03082023 § 2 Practice and Procedures for Discipline Matters

The Board may take disciplinary action for the following:

(a) Licensee violating the Board's practice act or rules; and

(b) Licensee violating a Board order.

History

Effective 2023-03-08

Wyo. Code R. 016.0001.12.03082023 § 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.

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including censure, revoke, suspend or refuse to renew.

History

Effective 2023-03-08

Wyo. Code R. 016.0001.12.03082023 § 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.

(j) 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.

(k) 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 2023-03-08

Wyo. Code R. 016.0001.12.03082023 § 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 2023-03-08

Wyo. Code R. 016.0001.12.03082023 § 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 X.

(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 impose no discipline on the licensee;

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

(1) Censure, revoke, suspend or refuse to renew.

(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 2023-03-08

Wyo. Code R. 016.0001.12.03082023 § 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.

(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 2023-03-08