Wyoming Administrative Rules 022 — Respiratory Care, State Board for

270 Respiratory Care, State Board for

Chapter 1 General Provisions

Wyo. Code R. 022.0001.1.04052023 § 1 Authority

The State Board for Respiratory Care promulgates these rules pursuant to Wyoming Statutes 33-43-101 through 118 establishing the Board, and conferring upon it the responsibility for licensure of respiratory care practitioners, and the regulation of the practice of respiratory care in the State of Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.1.04052023 § 2 Definitions

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

(a) "Accredited Program" means a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or the Committee on Accreditation for Respiratory Care (CoARC) or their predecessor or successor organizations.

(b) "AARC" means American Association for Respiratory Care.

(c) "CRT" means Certified Respiratory Therapist as credentialed by the NBRC.

(d) "NBRC" means National Board for Respiratory Care.

(e) "RRT" means Registered Respiratory Therapist as credentialed by the NBRC.

(f) "Chaperone" means an adult who is provided to or accompanies a patient during the provision of services.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.1.04052023 § 3 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) Statement of Ethics and Professional Conduct published by the AARC effective December 1994, with amendment as of April 2015, available on the board's website (http://respiratory.wyo.gov).

(ii) 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 on the Board's website (http://respiratory.wyo.gov).

(iii) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, available on the Board's website (http://respiratory.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 2023-04-05

Chapter 3 Licensure Requirements & Application Procedures

Wyo. Code R. 022.0001.3.04052023 Licensure Requirements & Application Procedures

CHAPTER 3

LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES

Section 1. Authority. These rules are adopted under the Board's authority granted by Wyoming Statutes 33-43-108 and 33-43-110.

Section 2. Requirements for Licensure. A license shall not be issued until the applicant has provided satisfactory evidence to the Board that they:

(a) Are of majority age;

(b) Have no felony or misdemeanor convictions, although exceptions to this requirement may be granted by the Board if consistent with the public interest;

(c) Have graduated from high school or have completed an equivalent education;

(d) Have successfully completed a respiratory care educational program from an accredited institution as defined in Chapter 1; and

(e) Have passed the CRT exam or the RRT exam administered by the NBRC. The Board will accept the passing score as established by the NBRC.

Section 3. License by Endorsement. The Board may issue a license by endorsement to an applicant who provides satisfactory evidence to the Board that the applicant:

(a) Holds a current license in good standing from another jurisdiction with substantially equivalent licensing requirements to Wyoming; or

(b) Holds current credentials in good standing as a CRT or RRT conferred by the NBRC.

Section 4. Application Documents. Applicants for licensure must submit a complete and legible application form accompanied by the proper non-refundable fee, acceptable proof of legal presence in the United States, and the following:

(a) Official certification of current credentials in good standing from the NBRC; or

(b) Official verification from all jurisdictions where the applicant holds, or has ever held a license to practice respiratory care.

(c) Appropriate proof of legal presence in the United States.

Section 5. Temporary Permits. Applicants for a temporary permit must submit a complete and legible application form accompanied by the proper non-refundable fee, acceptable proof of legal presence in the United States, and the following:

(a) For temporary permit with license in another jurisdiction:

(i) Official verification of current license in good standing from the jurisdiction where the applicant holds a valid license; and

(ii) Evidence the applicant is currently practicing or has within the last six (6) months practiced respiratory care in another jurisdiction.

(iii) Appropriate proof of legal presence in the United States.

(b) For temporary permit as a student:

(i) Written documentation from the registrar or program director verifying the applicant's standing as a current student, and stating their expected graduation date.

(c) Appropriate proof of legal presence in the United States.

Section 6. Issuance and Expiration of License. The Board shall issue a wall certificate and a wallet identification card to the successful applicant bearing the full name of the holder, license number, date of issuance, expiration date, and appropriate seal. All licenses expire on October 31st.

History

• Effective 2023-04-05

Chapter 4 Fees

Wyo. Code R. 022.0001.4.04052023 § 1 Authority

This fee schedule is adopted by the Board pursuant to W.S. 33-43-109.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.4.04052023 § 2 General

(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.

(c) In accordance with W.S. 1-1-115 the Board may charge a collection fee for any returned checks.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.4.04052023 § 3 Fees

(a) Application fee $100.00

(b) Temporary permit $40.00

(c) Annual license renewal fee (paper format) $100.00

(d) Temporary permit renewal fee $40.00

(e) Reinstatement fee $50.00

(f) Written license verification $10.00

(g) Replacement or duplicate wall certificate $15.00

(h) Replacement or duplicate wallet identification cards (2) $5.00

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.4.04052023 § 4 Duplicate or Replacement Certificate and Wallet Card

Duplicate or replacement wall certificates and wallet cards may be issued by the Board. All requests for duplicate or replacement certificates and wallet cards must be in writing and must be accompanied by the appropriate fee.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.4.04052023 § 5 Change of Name, Address or Telephone Number

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

(b) Each applicant and licensee must file with the Board their current home and professional mailing addresses and telephone numbers and must report to the Board in writing any change of addresses or telephone numbers, giving both old and new addresses and telephone numbers.

History

• Effective 2023-04-05

Chapter 5 License Renewal & Continuing Education

Wyo. Code R. 022.0001.5.04052023 License Renewal & Continuing Education

CHAPTER 5

LICENSE RENEWAL AND CONTINUING EDUCATION

Section 1. Authority. These rules are adopted under the Board's authority granted by Wyoming Statute 33-43-113.

Section 2. Annual Renewal.

(a) Licenses shall expire on October 31st of each year and may be renewed by providing the Board with the following, post marked on or prior to, the license expiration date:

(i) Payment of the renewal fee;

(ii) Complete application for renewal; and

(iii) Verification of compliance with the continuing education requirements as set out below.

(b) Approximately sixty (60) days prior to the renewal date the Board will send a renewal notice to the address of record.

(i) Failure to receive notice of renewal from the Board does not excuse a licensee from the requirement for renewal under the Act and these rules.

(c) Renewal applications received by the Board which are postmarked after October 31st will not be processed and the license will expire for failure to timely and sufficiently secure renewal.

Section 3. Continuing Education.

(a) Each licensee shall earn a minimum of eight (8) contact hours of continuing education every year, with no more than four (4) hours of training in ACLS/PALS/NRP or any combination thereof. Basic CPR training is not accepted as continuing education towards license renewal.

(i) Contact hours for purposes of this section shall be the actual number of hours during which instruction was received. A minimum of fifty (50) minutes constitutes a contact hour. For academic courses, one (1) semester credit equals fifteen (15) contact hours.

(ii) Continuing education activity must be completed during the twelve (12) months prior to the license expiration date. The thirty (30) day reinstatement period for renewal shall also apply to the continuing education requirement; however, any activities completed after October 31st and applied to the previous renewal period may not be reported on the next renewal application.

(iii) Excess continuing education credit hours acquired in one twelve (12) month period may not be carried forward to the next period.

(iv) Any identical course or program may be submitted for continuing education credit only once every two (2) years.

(b) 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 in the practice of respiratory care.

(ii) These activities shall constitute an organized program of learning dealing with matters directly related to the clinical practice, professional responsibility or ethical obligations of respiratory care practitioners.

(iii) The Board approves continuing education programs germane to the profession of respiratory care sponsored by the following organizations

(A) Institutions approved by the Joint Review Committee for Respiratory Therapy Education, Respiratory Care Accreditation Board or other successor accreditation organizations.

(B) Courses approved by the AARC, the Wyoming Society for Respiratory Care, the American Thoracic Societies, the American College of Cardiology, the American College of Chest Physicians, the American Nurses Association, the National Society for Cardiopulmonary Technologies, the American Lung Association, the American Lung Association of Wyoming, the Wyoming Heart Association, the Wyoming and American Medical Association, the Wyoming Hospital Association and Respiratory Care Journal.

(C) Continuing education programs not sponsored by the above organizations may be submitted for review and approval by the Board.

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

(v) Licensees shall maintain 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. Proof of attendance shall contain the activity, dates, contact hours attended, sponsor, presenter, and the name of the licensee.

(c) The required hours of continuing education will be prorated for the first renewal of a license as follows:

(i) Issued November 1st through January 31st, eight (8) hours of continuing education are required.

(ii) Issued February 1st through April 30th, six (6) hours of continuing education are required.

(iii) Issued May 1st through July 31st, four (4) hours of continuing education are required.

(iv) Issued August 1st through October 31st, two (2) hours of continuing education are required.

(d) Continuing education may be audited by the Board for verification of compliance with these requirements.

(i) Failure to provide the documents requested for audit within thirty (30) days of receiving the notice from the Board may subject the licensee to disciplinary action.

(ii) If the Board disallows any continuing education hours as a result of an audit, the licensee shall have three (3) months from notice of such disallowance to either:

(A) Provide further evidence that the disallowed continuing education hours meet the criteria established by these rules; or

(B) Provide evidence of having completed appropriate continuing education during the required time frame which may substitute for the disallowance; or

(C) Remedy the disallowance by completing the number of additional continuing education hours necessary to fulfill the requirements in this Chapter. These additional continuing education hours shall not be reported on subsequent applications for license renewal.

(iii) If the continuing education hours disallowed are not remedied within the time frame permitted, then the license shall be subject to disciplinary action.

(e) Upon written request received prior to the license expiration date, the Board may waive all or a portion of the continuing education requirement for renewal of a license if during the current renewal period.

(i) The licensee must otherwise meets all other renewal requirements and experiences a severe physical or emotional hardship or other disabling situation; or is called to active duty in the armed forces of the United States, exceeding one hundred eighty (180) or more consecutive days during the twelve (12) months immediately preceding the license expiration date.

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

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

Section 4. Reinstatement. An expired license may be reinstated by the Board. Request for reinstatement must be made in writing and post marked within thirty (30) calendar days of the expiration date, accompanied by the following:

(a) The renewal application;

(b) Verification of compliance with the continuing education requirements established in these rules;

(c) The license renewal fee; and

(d) The reinstatement fee.

History

• Effective 2023-04-05

Chapter 6 Standards of Professional Conduct

Wyo. Code R. 022.0001.6.04052023 § 1 Authority

These rules are adopted under the Board's authority granted by Wyoming Statute 33-43-106(a)(i).

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.6.04052023 § 2 Scope of Practice

The scope of practice for respiratory therapy includes, but is not limited to:

(a) Acquiring and evaluating clinical data;

(b) Assessing the cardiopulmonary status of patients;

(c) Performing and assisting in the performance of prescribed diagnostic studies such as: obtaining blood samples, blood gas analysis, pulmonary function testing, polysomnography, and neurodiagnostics;

(d) Evaluating data to assess the appropriateness of prescribed respiratory care;

(e) Establishing therapeutic goals for patients with cardiopulmonary disease;

(f) Participating in the development and modification of respiratory care plans;

(g) Case management of patients with cardiopulmonary and related diseases;

(h) Initiating prescribed respiratory care treatments, evaluating and monitoring patient responses to such therapy and recommending modification of the prescribed therapy to achieve the desired therapeutic objectives;

(i) Initiating and conducting prescribed pulmonary rehabilitation;

(j) Providing education to patient, family, community, and allied health care professional;

(k) Promoting cardiopulmonary wellness, disease prevention, and disease management;

(l) Participating in life support activities as required; and

(m) Promoting evidence-based medicine; research; and clinical practice guidelines.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.6.04052023 § 3 Ethical Standards

The following ethical standards are adopted and incorporated herein by the Board:

(a) The AARC Statement of Ethics and Professional Conduct, as incorporated by reference in Chapter 1.

(b) Beyond adhering to the AARC Statement of Ethics and Professional Conduct, persons licensed by the Board shall:

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

(ii) Report to the Board known or suspected violations of the laws and regulations governing the practice of licensed or permitted professionals.

(iii) Use only the initials L.R.C.P. for Licensed Respiratory Care Practitioner as the designation of licensure.

(iv) Use only indicators of current discipline-related credentials such as CRT and RRT or such indicators as awarded by independent credentialing agencies such as the AARC and the NBRC in association with their licensure or permit and practice.

(v) Upon request, provide patients with fees and billing arrangements before rendering services.

(vi) Respond to all requests for information and all other correspondence from the Board.

(vii) Ensure the patient has the opportunity to bring a chaperone of their choosing to their examination/treatment. The chaperone shall be in the room for the duration of the examination/treatment.

History

• Effective 2023-04-05

Chapter 10 Practice and Procedures for Applications

Wyo. Code R. 022.0001.10.04052023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-43-105(a)(i) and 16-3-103(j)(i).

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.10.04052023 § 2 Application Review

(a) Assigning Application Review Committee (ARC).

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

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

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

(c) The ARC may recommend that the Board:

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

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

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

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

(ii) The Notice of Intent shall contain:

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

(B) Citations to the applicable statutory provisions or Board rules that the ACR 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 2023-04-05

Wyo. Code R. 022.0001.10.04052023 § 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.

(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 the 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 2023-04-05

Chapter 11 Practice and Procedures for Discipline Matters

Wyo. Code R. 022.0001.11.04052023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statutes 33-43-115, 33-43-116 and 16-3-103(j)(i).

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.11.04052023 § 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;

(b) Licensee violating a Board order;

(c) Licensee violating of any provision of the adopted Ethical Standards as incorporated by reference in Chapter 1;

(d) Performing any act specifically authorized for a respiratory care practitioner or functioning as a respiratory care practitioner in Wyoming without a current license issued by the Board;

(e) Representation of oneself as licensed to engage in the practice of respiratory care without a license or permit;

(f) Aiding, abetting or assisting any other person to violate or circumvent any law or rule or regulation intended to guide the conduct of a respiratory care practitioner;

(g) Obtaining or attempting to obtain a license or documents of any form as a respiratory care practitioner by fraud or deception.

(h) Failure to cooperate in any material respect with a lawful investigation conducted by the Board.

(i) Violation of any provision(s) of an action, stipulation, agreement or order of the Board.

(j) Filing a complaint with, or providing information to the board which the licensee knows or ought to know is false or misleading. This provision does not apply to any filing of complaint or providing information to the board when done in good faith.

(k) Suspension, revocation, or other disciplinary action imposed against a license held in another jurisdiction.

(l) Conviction of a felony or misdemeanor that relates to the practice of respiratory care or to the ability to practice respiratory care, or has entered a plea of nolo contendere upon being charged with commission of such a felony or misdemeanor.

(m) Negligence while in practice as a respiratory care practitioner.

(n) Unauthorized possession and use of illegal or controlled substances or pharmacologic agents without lawful authority or prescription by an authorized and licensed independent practitioner of the state of Wyoming.

(o) Violation and conviction of a charge under the Wyoming Controlled Substance Act.

(p) Verbally, physically or mentally abusing patients.

(q) Sexual exploitation of a patient or patient's family member defined as:

(i) Any behavior by a Licensee or Certificate which involves offers of exchange of professional services for some form of sexual gratification; or

(ii) Unlawful or unprofessional sexual contact with a patient.

(r) Maintaining an unsanitary or unsafe office or practicing under unsanitary or unsafe conditions.

(s) Failing to obtain an appropriate consultation or make an appropriate referral when the problem of the patient is beyond the licensee's training, experience or competence.

(t) Failing to render adequate supervision, management, training or control of auxiliary staff or other persons according to generally-accepted standards of practice.

(u) Inaccurate recording, falsifying or altering of patient records.

(v) Engaging in fraudulent billing practices and/or violation of federal Medicare and Medicaid laws or state medical assistance laws.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.11.04052023 § 3 Complaint Review and Disciplinary Investigation

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

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

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

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including:

(A) Revocation;

(B) Suspension;

(C) Refusal to renew;

(D) Probation; or

(E) Reprimand.

History

• Effective 2023-04-05

Wyo. Code R. 022.0001.11.04052023 § 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 member 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 probably 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 allegation 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 2023-04-05

Wyo. Code R. 022.0001.11.04052023 § 5 Surrender in Lieu of Discipline and License Issued in Error

(a) A license 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 in 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 2023-04-05

Wyo. Code R. 022.0001.11.04052023 § 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 of 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 thirty (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 twenty (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 my 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 office shall serve a Notice of Hearing with the Petition attached, on the applicant at least thirty (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 office 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:

(I) Revocation;

(II) Suspension;

(III) Refusal to renew;

(IV) Probation; or

(V) Reprimand.

(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 2023-04-05

Wyo. Code R. 022.0001.11.04052023 § 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 2023-04-05