Wyoming Administrative Rules 017 — Radiologic Technologist Examiners, Board of

266 Radiologic Technologist Examiners, Board of

Chapter 1 General Provisions

Wyo. Code R. 017.0001.1.09152022 § 1 Authority

These rules and regulations are promulgated by the Wyoming Board of Radiologic Technologist Examiners pursuant to their authority under the Radiologic Technologist Licensing Act, Wyoming Statute 33-37-101 through 33-37-113.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.1.09152022 § 2 Terms Defined by Statute

Terms defined in W.S. § 33-37-101 through 33-37-113 shall have the same meaning when used in these regulations unless the context or subject matter clearly requires a different interpretation.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.1.09152022 § 3 Terms Defined Herein

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

(a) "ARRT" means the American Registry of Radiologic Technologists.

(b) "Body Area" means a specific portion of the human anatomy.

(c) "Contrast Media" means material intentionally administered to the human body to define parts which are not normally visualized radiographically.

(d) "CBRPA" means the Certification Board for Radiology Practitioner Assistant.

(e) "DEXA" means Dual Energy X-ray Absorptiometry (Bone Densitometry)

(f) "Direct Supervision" means the licensed physician must be present on the premises and immediately available to furnish assistance and direction throughout the performance of the procedure.

(g) "Fluoroscopic procedures" means continuous or real time x-ray imaging.

(h) "JRCERT" means Joint Review Committee on Education in Radiologic Technology.

(i) "Limited Scope Examination" means an examination administered by ARRT.

(j) "NMTCB" means the Nuclear Medicine Technology Certification Board.

(k) "Nuclear Medicine" means the specialized use of radioisotopes for diagnostic or therapeutic purposes.

(l) "Nuclear Medicine Technologist" means an individual, who may or may not be a radiologic technologist, with specialized training in the application of ionizing radiation and radiopharmaceuticals for therapeutic and/or diagnostic purposes.

(m) "Proficiency" means performing a given art, skill or branch of learning with expert correctness and facility.

(n) "Radiation Therapy" means the specialized use of ionizing radiation for therapeutic purposes.

(o) "Radiologic Technician" means a person who has met minimum requirements for a restricted license and works under the direct supervision of a licensed practitioner.

(p) "Radiologic Technologist" means a person who has met minimum requirements for a general license to apply ionizing radiation or radiopharmaceutical agents to humans for diagnostic or therapeutic purposes.

(q) "Radiologist" means a medical practitioner licensed in the State of Wyoming specializing in the practice of radiology, nuclear medicine or radiation therapy.

(r) "Special Procedures" means a minimally invasive image guided procedure for diagnosis and treatment.

(s) "Technique" means any adjustment of radiation producing equipment.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.1.09152022 § 4 Incorporation by Reference

The Board hereby incorporates by reference the following:

(a) Each rule and code incorporated by reference is further identified as follows:

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

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

(iii) The American Registry of Radiologic Technologists Rules of Ethics as published by ARRT and effective on September 1, 2021, available at https://radiology.wyo.gov/.

(b) For these rules incorporated by reference:

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

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

(iii) The incorporated rules are maintained at the Board office and available for public inspection and copying at cost at the same location.

History

• Effective 2022-09-15

Chapter 3 Radiologic Technologist

Wyo. Code R. 017.0001.3.09152022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-105 and 33-37-108.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.3.09152022 § 2 Scope of Practice

The radiologic technologist issued a general license has demonstrated proficiency in equipment operation, image production, radiation protection, quality control, and patient care and education. A licensed radiologic technologist is able to assist a licensed practitioner with all aspects of special procedures, use of contrast media, assist with fluoroscopy, radioisotopes or therapeutic procedures as may be required.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.3.09152022 § 3 License Required

(a) No individual shall perform any act specifically authorized for a radiologic technologist, nor function as a radiologic technologist, nor represent themselves as a radiologic technologist unless that individual holds a current general, temporary, or special license issued by the Board.

(b) Every radiologic technologist shall display their license at all times in a conspicuous location readily accessible to all clients at their place of business.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.3.09152022 § 4 Requirements for Licensure

It is the sole responsibility of the applicant to ensure that the Board receives all documentation necessary to prove to the Board's satisfaction that the applicant meets all the requirements for licensure herein.

(a) General: The applicant shall provide satisfactory evidence to the Board that they:

(i) Are at least eighteen (18) years of age;

(ii) Are legal inhabitants of the United States;

(iii) Have not been convicted of a felony or misdemeanor involving moral turpitude or controlled substances unless the applicant can show the Board to its satisfaction that such conviction will not impair the applicant's ability to provide competent health care or pose a threat to the safety of the consumer public; and

(iv) Satisfy the requirements established in these rules.

(b) Education: The Board shall recognize for licensure successful completion of any course of study in radiologic technology as approved by JRCERT or other accrediting agencies recognized by ARRT, which have been approved by the Board.

(c) Examination: The Board shall recognize for general licensure successful completion of the National Registry Exam as administered by ARRT, NMTCB, or CBRPA.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.3.09152022 § 5 Temporary License

(a) The Board may issue a temporary license to an applicant who has satisfied all of the requirements for a general license with the exception of passing the required examination.

(b) The Board shall not grant more than one (1) temporary license to the same individual.

(c) The temporary license shall expire fifteen (15) days after the date of the scheduled examination and is not renewable.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.3.09152022 § 6 Special License

The Board may issue a special license to an individual to practice as a radiologic technologist if a regional hardship or emergency condition exists and issuing a special license will address the regional hardship or emergency condition.

(a) A regional hardship or emergency condition exists if:

(i) The Board recognizes a regional hardship; or

(ii) An emergency is declared by the relevant executive authority of a particular area within the Board's geographic jurisdiction.

(b) An applicant for a special license must apply by submitting evidence showing that the applicant meets the following requirements:

(i) At least eighteen (18) years of age;

(ii) Has not been convicted of, pleaded guilty to, or pleaded no contest to a felony indicating that the individual is unable to safely practice radiologic technology;

(iii) Education:

(A) Is currently enrolled as a nuclear medicine technologist; or

(B) Is in their second year in a radiology college program as approved by JRCERT.

(iv) Experience:

(A) Practiced as a radiologic technologist within the twelve (12) months immediately preceding the application and is current with the continuing education requirements defined in Chapter 6; or

(B) Successfully completed a radiology college program as approved by JRCERT within the twelve (12) months immediately preceding the application.

(c) The Board shall not grant more than one (1) special license to the same individual.

(d) A special license will be issued for the individual to work at the facility designated by the written notifications sent from the employer and radiologist.

(e) Special licenses shall expire twelve (12) months from the date of issuance and are not renewable.

History

• Effective 2022-09-15

Chapter 4 Radiologic Technician

Wyo. Code R. 017.0001.4.09152022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-105 and 33-37-108.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.4.09152022 § 2 Scope of Practice

(a) The radiologic technician issued a restricted license may select technique, position patients, critique radiographs and apply radiation to persons for diagnostic purposes under specific direction of a person licensed to prescribe the examinations and must work under the direct supervision of a licensed practitioner. A radiologic technician shall not perform special procedures, fluoroscopic procedures or contrast media studies.

(b) The practice of a radiologic technician shall be limited to specific body areas, which shall appear on the license, and may include no more than three (3) of the following areas:

(i) Skull/Sinuses

(ii) Chest

(iii) Spine

(iv) Extremities inclusive of upper and lower extremities, pectoral girdle and pelvis.

(v) Podiatric Radiography

(c) A restricted license may be issued to perform only Bone Densitometry of central and peripheral anatomical sites (DEXA).

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.4.09152022 § 3 License Required

(a) No individual shall perform any act specifically authorized for a radiologic technician, nor function as a radiologic technician, nor represent themselves as a radiologic technician unless that individual holds a current restricted license issued by the Board.

(b) Every radiologic technician shall display their license at all times in a conspicuous location readily accessible to all clients at their place of business.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.4.09152022 § 4 Requirements for Licensure

It is the sole responsibility of the applicant to ensure that the Board receives all documentation necessary to prove to the Board's satisfaction that the applicant meets all the requirements for licensure herein.

(a) General: All applicants for a restricted license shall provide evidence to the Board that they:

(i) Are at least eighteen (18) years of age;

(ii) Are legal inhabitants of the United States;

(iii) Have not been convicted of a felony or misdemeanor involving moral turpitude or controlled substances unless the applicant can show the Board to its satisfaction that such conviction does not impair the applicant's ability to provide competent health care or pose a threat to the safety of the consumer public; and

(iv) Satisfy the requirements established in these rules.

(b) Examination:

(i) The Board shall recognize for restricted licensure successful completion of the Limited Scope Examination and the Bone Densitometry Equipment Operator Examination as administered by ARRT.

(ii) An applicant must achieve a seventy-five percent (75%) passing score on the Core exam and a seventy-five percent (75%) passing score for each specific body area exam.

(iii) An applicant is not eligible for re-examination until six (6) months after the failed examination.

History

• Effective 2022-09-15

Chapter 5 Application Procedures

Wyo. Code R. 017.0001.5.09152022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-105 and 33-37-106.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 2 General Application Procedures

(a) The Board shall not review an individual's credentials prior to receiving a complete application. An individual is considered an applicant once they have submitted:

(i) A complete official application form accompanied by the application fee; and

(ii) Appropriate proof of legal presence in the U.S.

(b) All documents submitted in support of the application shall be submitted directly to the office of the Board from the source and not forwarded through the applicant.

(c) The completion of all requirements for licensure shall be documented within one (1) year of the date the application was received by the Board, otherwise the application will be deemed incomplete and closed without further notice.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 3 General License

In addition to the documents required in Section 2(a) an applicant for general licensure as a radiologic technologist shall hold a current ARRT, NMTCB or CBRPA certification. If the applicant does not hold a current ARRT, NMTCB or CBRPA certification, the applicant shall submit:

(a) An official transcript verifying successful completion of a course of study in radiologic technology as approved by JRCERT or other accrediting agencies recognized by ARRT, which have been approved by the Board, submitted directly to the office of the Board from the educational institution, and

(b) An official exam score verifying successful completion of the National Registry Exam as administered by ARRT, NMTCB, or CBRPA submitted directly to the office of the Board from the examination provider.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 4 Temporary License

In addition to the documents required in Section 1(a) an applicant for a temporary license as a radiologic technologist shall submit official verification from ARRT, NMTCB or CBRPA indicating the specific scheduled examination date.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 5 Special License

In addition to the documents required in Section 2(a) an applicant for a special license as a radiologic technologist shall submit:

(a) Written notification from the employer, citing a regional hardship or emergency condition, submitted directly to the office of the Board from the author.

(b) A letter of reference from the prospective employer at which the applicant will be employed indicating the prospective employer's intent to employ the applicant.

(c) If applying by education:

(i) Written notification on letterhead from the radiology program or college verifying the applicant is currently enrolled as a nuclear medicine technologist or is in their second year in a radiology college program and is in good standing; or

(ii) Transcripts showing completion of the program and degree conferred.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 6 Restricted License

In addition to the documents required in Section 2(a) an applicant for restricted licensure as a radiologic technician shall request an official exam score verifying successful completion of the Limited Scope Examination, and/or the Bone Densitometry Equipment Operator Examination for DEXA, as administered by ARRT, or other examination as approved by the Board, submitted directly to the office of the Board from the examination provider or another state jurisdiction.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 7 Notification of Applicants and Right of Appeal

When an applicant has submitted evidence that they have satisfied all the standards for licensure, the Board shall review the application and notify the applicant of its decision in writing. If the applicant is denied on the basis of initial application materials, the reasons for this rejection shall be communicated in writing. The applicant shall have the right of reconsideration as established in Chapter 10.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 8 Issuance of License

The Board shall issue a wall certificate and one (1) pocket ID card to the successful applicant bearing the full name of the holder, license number, date of issuance, expiration date, and appropriate seal. Wall certificates for a restricted license shall also reflect the approved body areas. Wall certificates for a special license shall also reflect the name of their employer. A wall certificate will not be issued for a temporary license.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.5.09152022 § 9 Change of Name, Address or Telephone Number

(a) Licensees shall register with the Board any change in their legal name, shall submit documentation demonstrating the change of name, appropriate fee and shall surrender the old wall certificate and a new wall certificate shall be issued by the Board.

(b) Each applicant and licensee shall file with the Board their current home and professional mailing addresses, email addresses, and telephone numbers and shall report to the Board in writing any changes.

History

• Effective 2022-09-15

Chapter 6 License Renewal

Wyo. Code R. 017.0001.6.09152022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-105 and 33-37-110.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.6.09152022 § 2 Renewal Requirements

(a) General license holders shall earn a minimum of twenty-four (24) hours of continuing education during each renewal period.

(b) Restricted License holders shall earn a minimum of six (6) hours of continuing education during each renewal period.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.6.09152022 § 3 Renewal Application Procedures

Licenses may be renewed by providing the Board with the following:

(a) Payment of the renewal fee;

(b) Complete application for renewal; and

(c) Proof of compliance with the continuing education requirements. As proof of compliance the Board will accept:

(i) Verification of current ARRT, NMTCB, or CBRPA credentials; or

(ii) Copies of certificates of attendance showing completion of acceptable continuing education activities. Certificates shall contain the activity title, date(s), hours attended, sponsor, presenter, qualifications of the presenter, the name of the license holder, and shall be signed by the sponsor or the presenter.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.6.09152022 § 4 Continuing Education

General license holders shall earn continuing education hours based on the standards established for ARRT certification renewal.

(a) Hours shall be the actual number of hours during which instruction was received. An hour shall consist of not less than fifty (50) minutes of actual instruction or presentation. For academic courses, one (1) semester credit equals fifteen (15) hours. One (1) quarter credit equals ten (10) hours.

(b) Only those hours acquired during the renewal period will be considered.

(c) The following standards shall govern acceptability of continuing education activities:

(i) These activities shall have significant intellectual or practical content, and the primary objective shall be to increase the participant's competence within the profession.

(ii) These activities shall directly relate to the scope of practice for the profession.

(d) Licensees shall attest to the number of continuing education hours completed.

(e) Licensees shall report their continuing education activities in a manner determined by the Board.

(f) Licensees are responsible for maintaining copies of any certificates of attendance, letters certifying attendance, transcripts, or any official documents which serve as proof of participation or attendance for at least two (2) years from the date submitted for renewal.

(g) The Board shall notify active licensees of their renewal date no later than thirty (30) days before the license expiration date.

(h) Renewal applications shall not be accepted more than one hundred twenty (120) days prior to the expiration date.

(i) Renewal applications received by the Board which are postmarked after the expiration date, or after the next business day in cases when the expiration date falls on a weekend or holiday, will not be accepted by the Board, and the license will become null and void for failure to timely and sufficiently secure renewal.

(j) Failure to receive notice for renewal of license from the Board does not excuse a licensee from the requirement for renewal under the Act and this rule.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.6.09152022 § 5 Exemption From Continuing Education

(a) A licensee may be exempted from a portion of the continuing education required for the renewal of their license if during the current renewal period the licensee otherwise meets all renewal requirements and experiences a physical disability, illness or other disabling situation exceeding one hundred and eighty (180) or more consecutive days in any calendar year.

(b) The number of hours exempted shall be in proportion to the length of disability or situation.

(c) The licensee claiming an exemption shall provide supporting documentation from a third party acceptable to the Board.

History

• Effective 2022-09-15

Chapter 7 Fees

Wyo. Code R. 017.0001.7.09152022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-105, 33-37-106 (c) and (f), and 33-37-110 (b).

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.7.09152022 § 2 Statement of Purpose

These rules and regulations are adopted to implement the Board's authority to determine and collect reasonable fees in an amount to cover the cost of administration.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.7.09152022 § 3 General Information

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

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

(c) Applications shall not be considered by the Board unless accompanied by the application fee.

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.7.09152022 § 4 Fees

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

(a) Application Fees

(i) General License $225.00

(ii) Restricted License $160.00

(iii) Special License $200.00

(iv) Temporary License $175.00

(b) Renewal Fees

(i) General License (bi-annual) Renewal $100.00

(ii) Restricted License (annual) Renewal $40.00

(c) Other Fees

(i) License Verification $10.00

(ii) Duplicate Certificate $10.00

(iii) Duplicate Pocket Cards $5.00

History

• Effective 2022-09-15

Chapter 10 Practice and Procedures for Applications

Wyo. Code R. 017.0001.10.09152022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-105 and 16-3-103(j)(i).

History

• Effective 2022-09-15

Wyo. Code R. 017.0001.10.09152022 § 2 Application Review

(a) Assigning Application Review Committee (ARC).

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

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

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

(c) The ARC may recommend that the Board:

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

(ii) Issue or renew with a letter of warning or advisory letter;

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

(iv) Approve a settlement agreement; or

(v) 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 2022-09-15

Wyo. Code R. 017.0001.10.09152022 § 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 thirty (30) days before the hearing. The Notice of Hearing shall contain:

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

(A) The ARC's recommendation;

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

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

(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 or 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, reactivation, 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 2022-09-15

Chapter 11 Practice and Procedure for Discipline Matters

Wyo. Code R. 017.0001.11.09152022 Practice and Procedure for Discipline Matters

CHAPTER 11

PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS

Section 1. Authority. The Board promulgates these rules according to authority granted by Wyoming Statute 33-37-111 and 16-3-103(j)(i).

Section 2. The Board may take disciplinary action for the following:

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

(b) Licensee violating a Board order;

(c) Violation of any provision of the adopted ARRT Rules of Ethics;

(d) Knowingly making a false statement or knowingly providing false information to the Board ; or

(e) Engaging in false, fraudulent, deceptive, or misleading communications to any person regarding the individual's education, training, credentials, experience, or qualifications, or the status of the individual's license in radiologic technology issued by the Board.

(f) Knowingly assisting, advising, or allowing a person without a current and appropriate license to engage in the practice of radiologic technology.

(g) Continuing to practice radiologic technology after the license has expired.

Section 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) Dismiss the complaint with a letter of warning or advisory letter;

(iii) Summarily suspend a license;

(iv) Approve a settlement agreement; or

(v) Discipline the license, including:

(A) Censure;

(B) Probation;

(C) Revocation;

(D) Suspension; or

(E) Restriction.

Section 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) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of the 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.

Section 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.

Section 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 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;

(2) Probation;

(3) Revocation;

(4) Suspension; or

(5) Restriction.

(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.

Section 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 2022-09-15