Wyoming Administrative Rules 252 — Acupuncture, Board of

378 Acupuncture, Board of

Chapter 1 General Provisions

Wyo. Code R. 252.0001.1.07312025 § 1 Authority

These rules and regulations are promulgated by the Wyoming

Board of Acupuncture pursuant to its authority under the Wyoming Acupuncture Practice Act, Wyoming Statute 33-49-101 through 33-49-112.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.1.07312025 § 2 Public Records Inspection

Public records inspections shall be conducted pursuant to the Department of Administration and Information's rules concerning public records.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.1.07312025 § 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) 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 at http://acupuncture.wyo.gov/board/rules.

(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 on the Board's website at http://acupuncture.wyo.gov/board/rules.

(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 2025-07-31

Chapter 2 License Requirements and Application Procedures

Wyo. Code R. 252.0001.2.07312025 § 1 Authority

These rules and regulations are promulgated by the Wyoming

Board of Acupuncture pursuant to its authority under the Wyoming Acupuncture Practice Act, Wyoming Statute 33-49-101 through 33-49-112.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.2.07312025 § 2 General license requirements

The following requirements apply to all applicants for licensure as an acupuncturist:

(a) Applicants for a general acupuncture license shall submit:

(i) A complete and legible application form with a recent, unmounted, full-face photograph;

(ii) Proof of Lawful Presence in the United States;

(iii) Payment of the fees set by the Board;

(iv) An official transcript giving evidence of graduation from an accredited ACAOM program and:

(A) Official passing score of the NCCAOM examinations; or

(B) Evidence of continuous practice of acupuncture in Wyoming for the last ten (10) years prior to January 1, 2018;

(C) Official passing score of the California Acupuncture Licensing Examination.

(v) Verification of license in good standing from all jurisdictions in which the applicant is currently, or has ever been licensed or certified in any health care profession;

(b) Completed other examination, education or apprenticeship as evidenced by holding an active license in good standing from another jurisdiction for a minimum of ten (10) years.

(c) The Board may issue a license by endorsement in accordance with W.S. 33-49-109.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.2.07312025 § 3 Auricular acupuncture license

(a) An individual who practices auricular acupuncture as defined in W.S. 33-49-102(a)(iv) is trained through NADA or a Board approved equivalent course to apply up to five fine-gauge, sterilized, one-time use stainless steel needles just under the skin at designated points in each ear. The five points include sympathetic, Shen Men, kidney, liver, and lung.

(b) Applicants for an auricular acupuncturist license shall submit:

(i) A complete and legible application form with a recent, unmounted, full-face photograph;

(ii) Proof of Lawful Presence in the United States;

(iii) Payment of the fees set by the Board; and

(iv) Evidence of completion of NADA certification training or an equivalent training certificate approved by the Board.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.2.07312025 § 4 Renewal of license

(a) A license will expire one (1) year after issuance.

(b) A license not renewed annually by the expiration date is expired.

(c) It is the license holder's responsibility to renew before the expiration date.

(d) Renewal of a general license shall include submission of the following:

(i) A complete application and renewal fee, postmarked or electronically completed no later than the expiration date in order to meet the renewal deadline without penalty; and

(ii) A copy of a current NCCAOM membership card; or

(iii) The successful completion of thirty (30) continuing education credits every two (2) years;

(e) Renewal of an auricular acupuncture license shall include submission of a complete application and renewal fee, postmarked or electronically completed no later than the expiration date in order to meet the renewal deadline without penalty.

(f) Each license holder shall report name changes and changes in business and home addresses to the Board within thirty (30) days of the change.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.2.07312025 § 5 Expired license

(a) A license holder who fails to renew the license on or before the expiration date shall not practice acupuncture in this state.

(b) License holders who allow their license to expire must complete the licensing requirements specified in Rules and Regulations, Chapter 2, Section 1 2 or 3 if they choose to reapply for a license in this state.

History

• Effective 2025-07-31

Chapter 3 Continuing Education

Wyo. Code R. 252.0001.3.07312025 § 1 Authority

These rules and regulations are promulgated by the Wyoming

Board of Acupuncture pursuant to its authority under the Wyoming Acupuncture Practice Act, Wyoming Statute 33-49-101 through 33-49-112

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.3.07312025 § 2 Definitions

(a) "PDA" means Professional Development Activity.

(b) "AOM" means Acupuncture and Oriental Medicine.

(c) "PE-AT" means Professional Enhancement Activities.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.3.07312025 § 3 Hours and requirements

All acupuncturists shall obtain thirty (30) PDA points every two (2) years to be eligible for renewal. There may be no carryover of PDA points to the next reporting period. Licensees are required to complete a CPR course to count toward a maximum of four (4) PDA points, plus a minimum of fifteen (15) PDA points in coursework related to acupuncture and East Asian medicine, and a minimum of four (4) PDA points in ethics and safety.

(a) One (1) PDA point is equal to one (1) hour of active, instructor-led learning or participation in a professional activity.

(b) PDA points must be attained by either:

(i) Attending a live classroom or e-learning environment where a certificate or transcript is provided to the licensee by:

(A) A NCCAOM-approved PDA provider;

(B) An Accredited acupuncture school;

(C) An Accredited college or university; or

(D) A State Acupuncture Association or Society, subject to approval of the Board; or

(ii) Submitting proof of completion of a PE-AT approved professional activity to the Board for its approval.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.3.07312025 § 4 PE-AT approved professional activities

(a) AOM Volunteer Service Opportunities:

(i) Serve on a Professional Board 10 PDA points maximum

(ii) Advocate Legislation 10 PDA points maximum

(iii) Donate Acupuncture Services 10 PDA points maximum

(iv) NCCAOM Exam Item Writing 10 PDA points maximum

(b) AOM Teaching and Scholarship Opportunities:

(i) Clinical Supervision 10 PDA points maximum

(ii) Teach or Lecture 20 PDA points maximum

(iii) Research in Acupuncture 20 PDA points maximum

(iv) Publications related to acupuncture or East Asian Medicine

20 PDA points maximum

(c) AOM Knowledge and Skills Opportunities:

(i) Peer Reviewed Poster or Exhibits 10 PDA points maximum

(ii) Passage of NCCAOM Certification Exam 20 PDA points maximum

(iii) Clinical Experience 10 PDA points maximum

(iv) Tai Chi/Qigong Exercise 4 PDA points maximum

(v) Learn a New Language 4 PDA points maximum

(vi) Self-Directed Learning 4 PDA points maximum

History

• Effective 2025-07-31

Chapter 4 Training Programs

Wyo. Code R. 252.0001.4.07312025 § 1 Authority

These rules and regulations are promulgated by the Wyoming

Board of Acupuncture pursuant to its authority under the Wyoming Acupuncture Practice Act, Wyoming Statute 33-49-101 through 33-49-112.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.4.07312025 § 2 Acupuncture Tutorial Program

The Acupuncture Tutorial Program is a training program designed to provide an intern with a structured learning experience in all the basic skills and knowledge necessary for the independent practice of acupuncture. The following requirements are applicable to supervisors who are licensed by the Board. Being a supervisor means being truly outstanding in the field of acupuncture; over and above what is expected. Being a supervisor means setting an example for new practitioners coming into the profession.

(a) Supervisors must first have prior approval from the Board before commencing a tutorial program within their practice;

(b) An application for the supervisor must be submitted to the Board on a form provided by the Board and accompanied by the application fee;

(i) Applications must be accompanied by a training plan outline signed and dated by the supervisor and intern which shall be followed throughout the program.

(ii) If the training plan is substantially modified at a later time, a report of such modification shall be filed with the Board. There shall be no charge for filing program modifications.

(c) The supervisor shall:

(i) Be found by the Board to have the knowledge necessary to educate and train interns in the practice of acupuncture and:

(A) Have at least ten (10) years of experience practicing as an acupuncturist; or

(B) Hold a license in good standing issued by the Board for at least five (5) years.

(ii) Ensure that the intern be at least eighteen (18) years of age and has graduated high school or has passed a standard equivalency test. Exceptions to this rule may be granted by the Board;

(iii) Ensure that the intern is enrolled in an ACAOM accredited acupuncture program that mandates at least 1,850 hours of training, including at least eight hundred (800) hours of clinical training. Exceptions to this rule may be granted by the Board;

(iv) Keep detailed files of each intern for the duration of the training program and an additional three (3) years after training completion. The supervisor's intern files shall be subject to audit by the Board and shall include:

(A) All agreements between the supervisor and the intern;

(B) Guidelines;

(C) Verification of acupuncture school program; and

(D) A recent photograph of the intern, taken within the past six (6) months, approximately 2" x 3" in size.

(v) Be responsible for, and provide supervision of, the work performed by the intern;

(vi) Provide continuous direction and supervision of the intern when patient services are provided;

(vii) Ensure that the intern not provide acupuncture services autonomously or without the required supervision, and shall not provide any service for which he or she is not trained or competent to perform;

(viii) Be in the same clinic or facility as, and in proximity to, the location where the intern is rendering patient services and shall be readily available at all times to provide advice, instruction and assistance to the intern;

(ix) Ensure that services provided by the intern be done so in a manner which does not endanger the health and welfare of patients receiving such services. Furthermore, the supervisor shall ensure that any patient receiving care from an intern must first be notified and give written permission to allow the intern to work with them;

(x) Ensure that when rendering services or otherwise engaging in professional activity, the intern always identifies himself or herself as an acupuncture intern and wears an identification badge;

(xi) Ensure no separate billing by the intern;

(xii) Comply with provisions of the acupuncture law, the acupuncture regulations and applicable laws and regulations governing wages and compensation paid to employees or apprentices, maximum hours and working conditions. Any overtime worked by the intern shall not interfere with or impair the program and shall not be detrimental to the health and safety of the intern or patients;

(xiii) File a tutorial progress report on a form provided by the Board, within thirty (30) days after the completion of the first six (6) weeks of the program and a report for every six (6) weeks thereafter, for the duration of the program;

(xiv) Administer a self-assessment questionnaire to the intern to be sent to the Board. The purpose of this assessment is to evaluate the work of the intern in the clinic and to give feedback on the intern's clinical development;

(xv) Train no more than two (2) acupuncture interns at any one time.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.4.07312025 § 3 Program Requirements

(a) The program shall be made available regardless of sex, race, religion, creed, or physical handicap;

(b) As a condition of approval or continued approval, all programs are subject to an on-site visit by representatives of the Board to review and evaluate the clinic and training provided to the intern. In lieu of a clinic site visit, current photographs of the clinic site, including written descriptions of the outside building, front office area, herbal pharmacy, treatment rooms to include close-up photographs of instrument/needle tray, hazardous waste containers, and any additional rooms relevant to the site visit. A floor plan of the clinic should also be included;

(c) An acupuncture tutorial, which is in the nature of on-the-job training, may be a full-time or part-time employment relationship. There shall be no tuition fees charged to the intern by the supervising acupuncturist.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.4.07312025 § 4 Auricular Training

(a) Auricular acupuncture training programs for the purpose of treating mental and emotional health, post and acute trauma, substance abuse, and chemical dependency shall meet the following requirements:

(i) Sponsored by NADA; or

(ii) Includes a minimum of sixteen (16) classroom training hours that include the in-person learning of the five approved auricular acupuncture points:

(A) Sympathetic;

(B) Shen Men;

(C) Kidney;

(D) Liver;

(E) Lung; and

(iii) Includes a community-based clinical practicum to gain proficiency in the technique as well as the management of a group setting.

(b) Course curriculum for non-NADA programs shall be submitted to the Board for review. Approval must be granted prior to offering the course.

History

• Effective 2025-07-31

Chapter 5 Scope of Practice

Wyo. Code R. 252.0001.5.07312025 § 1 Authority

These rules and regulations are promulgated by the Wyoming

Board of Acupuncture pursuant to its authority under the Wyoming Acupuncture Practice Act, Wyoming Statute 33-49-101 through 33-49-112.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.5.07312025 § 2 Standards of Practice

(a) The practice of acupuncture shall include, but not be limited to:

(i) Acupuncture and oriental medical concepts that employ Oriental methods of diagnosis, treatment and adjunctive therapies for the promotion, maintenance and restoration of health and the prevention of disease or the treatment of any ailment, disease, pain, injury, deformity or physical condition;

(ii) Stimulation of points of the body through the use of needles, lancets, moxibustion, QiGong, thermal methods, internal and external herbal preparations, light, sound, laser, vibration, pressure, magnetism, electricity, and cupping;

(A) The needles used in acupuncture shall be solid filiform instruments which shall include, but not be limited to:

(I) Dermal needles;

(II) Plum blossom needles;

(III) Press tacks;

(IV) Prismatic needles; and

(V) Disposable lancets.

(B) All needles shall be sterile and limited to one insertion before being disposed of in the proper sharps container.

(iii) Manual therapy including acupuncture theory-based massage, bodywork, acupuncture, trigger point dry needling, reflexology, shiatsu, tuina, guasha, and cupping;

(iv) Diagnostic techniques including observation, listening, smelling, palpation, and inquiring

History

• Effective 2025-07-31

Chapter 6 Code of Ethical Conduct

Wyo. Code R. 252.0001.6.12172019 § 1 Code of ethical conduct for acupuncturists

An individual licensed by the Board has a responsibility to report any organization or entity that provides or holds itself out to deliver acupuncture services that place the license holders in a position of compromise with this code of ethical conduct.

History

• Effective 2019-12-17

Wyo. Code R. 252.0001.6.12172019 § 2 Ethical integrity

License holders shall use the provisions contained in paragraphs (a) to (h) of this rule as guidelines for promoting ethical integrity and professionalism. Failure to comply with paragraphs (a) to (h) of this rule may be grounds for disciplinary action pursuant to W.S. 33-49-111.

(a) Respect the rights, privacy and dignity of patients and maintain confidentiality and professional boundaries at all times.

(b) Treat within the lawful scope of practice and training and only if able to safely, competently, and effectively do so.

(c) Allow patients to fully participate in decisions related to their health care by documenting and keeping them informed of treatments and outcomes.

(d) Accept and treat those seeking services in a fair and nondiscriminatory manner.

(e) Render the highest quality of care and make timely referrals to other health care professionals as may be appropriate.

(f) Continue to advance knowledge through education, training and collaboration with colleagues to maintain excellence and high ethical standards in the profession.

(g) Support acupuncture medicine's access to all people and its growth in the broad spectrum of Wyoming health care.

(h) Participate in activities that contribute to the betterment of the community.

History

• Effective 2019-12-17

Wyo. Code R. 252.0001.6.12172019 § 3 Unethical Conduct and Sexual Misconduct

Ethical conduct includes conforming to the minimal standards of acceptable and prevailing acupuncture practice. Conduct may be considered unethical regardless of whether or not actual injury to a patient occurred. Failure to comply with paragraphs (a) through (m) of this rule may be grounds for disciplinary action pursuant to W.S. 33-49-111.

(a) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;

(b) Obtaining any fee by fraud or misrepresentation;

(c) Willfully or negligently divulging a professional secret without the written consent of the patient;

(d) Conviction of any offense punishable by incarceration in a department of corrections institution or in a federal prison. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction;

(e) Making statements that the licensee knows, or with the exercise of reasonable care should know, are false or misleading regarding skill or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of any disease or other condition of the human body or mind;

(f) Impersonating another licensee licensed under this chapter or permitting or allowing any person to use the license;

(g) Gross negligence or repeated negligence in the practice of acupuncture;

(h) Incapacity to practice acupuncture regardless of whether the incapacity is caused by illness or use of a controlled or non-controlled substance.

(A) The licensee shall have access to the result of the examination and to the criteria used for grading and evaluating the examination.

(B) If the examination is given orally, the licensee shall have the right to have the examination recorded;

(i) Failing to report the change of the location of practice of the licensee;

(j) Making a fraudulent claim;

(k) Failure by the licensee to report to the Board any adverse action taken against the licensee by another licensing jurisdiction or any peer review body, health care institution, professional society or association, governmental agency, law enforcement agency or court, for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as described in this section;

(l) Failure by the licensee to notify the Board of the licensee's voluntary resignation from the staff of a healthcare institution or voluntary limitation of a licensee's staff privileges at the institution if that action occurs while the licensee is under investigation by the institution or a committee thereof for any reason related to medical incompetence, unprofessional conduct, physical incapacity or impairment;

(m) Committing sexual misconduct. Sexual misconduct is defined on three levels: sexual impropriety, transgression, or violation.

(i) Sexual Impropriety: Lowest level of misconduct, non-physical contact of a patient that is disrespectful in manner and sexually demeaning. Examples: inappropriate jokes, crude gestures, demeaning comments;

(ii) Sexual Transgression: Inappropriate touching of a patient stopping just short of an overt sexual act;

(iii) Sexual Violation: A sexual act between patient and practitioner with no distinction between which party initiated the contact or whether the act was consensual.

History

• Effective 2019-12-17

Wyo. Code R. 252.0001.6.12172019 § 4 Chaperone

(a) Licensees shall allow patients to be accompanied by a chaperone during examination or treatment.

(b) Licensees shall notify patients of their right to be accompanied by a chaperone during examination or treatment. If the patient is a minor, notice shall be given to the patient's parent or legal guardian.

History

• Effective 2019-12-17

Chapter 7 Fees

Wyo. Code R. 252.0001.7.07312025 § 1 Authority

These rules and regulations are promulgated by the Wyoming

Board of Acupuncture pursuant to its authority under the Wyoming Acupuncture Practice Act, Wyoming Statute 33-49-101 through 33-49-112.

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.7.07312025 § 2 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.

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

History

• Effective 2025-07-31

Wyo. Code R. 252.0001.7.07312025 § 3 Fees

(a) Acupuncture Application Fee (Required for Application Review): $200.00

(b) Initial Acupuncture License Fee (Required for License Issuance): $700.00

(c) Initial Auricular Acupuncture License Fee: $64.00

(d) Tutorial Program Supervisor Application Fee: $200.00

(e) Acupuncture License Annual Renewal Fee: $360.00

(f) Auricular Acupuncture License Annual Renewal Fee: $40.00

(g) Program Supervisor Annual Renewal Fee: $50.00

(h) Duplicate Wall Certificate or Pocket Card: $10.00

(i) License verification to another jurisdiction: $10.00

History

• Effective 2025-07-31

Chapter 9 Practice and Procedure for Discipline Matters

Wyo. Code R. 252.0001.9.01232026 Practice and Procedure for Discipline Matters

CHAPTER 9

PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS

Section 1. Authority. The Board promulgates these rules according to authority granted by Wyoming Statute 33-49-106(a)(x) 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) Fraud, deception, or misrepresentation in applying for a license or certificate, in taking an examination, or in rendering services;

(d) Practicing acupuncture in a manner that endangers the welfare of clients or patients;

(e) Harassment, intimidation, or abuse - sexual or otherwise - of a client or patient;

(f) Malpractice or negligence in the practice of acupuncture;

(g) Aiding or abetting the practice of acupuncture by individuals not licensed by the Board;

(h) Conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third-party vendor;

(i) Exercising undue influence to exploit a client, patient, student, or supervisee for financial or other personal advantage to the practitioner or a third party;

(j) The suspension or revocation of the licensee's license to practice acupuncture in another state. A certified copy of the order of suspension or revocation shall be conclusive evidence of the other state's action;

(k) Refusal to appear before the Board after receiving an order to appear from the Board, its executive officer, or chairperson;

(l) Making any fraudulent or untrue statement to the Board;

(m) Inability to practice acupuncture with reasonable skill and safety to patients or clients because of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition; or

(n) Failure to meet the requirements for licensing as set forth in the Board's rules.

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) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including:

(A) Revocation;

(B) Suspension; and

(C) Impose probationary conditions on the license.

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) 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.

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.) Revocation;

(2.) Suspension;

(3.) Refusal to renew;

(4.) Probation, including license or practice restrictions.

(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 2026-01-23

Chapter 10 Practice and Procedure for Applications

Wyo. Code R. 252.0001.10.07312025 Practice and Procedure for Applications

CHAPTER 10

PRACTICE AND PROCEDURES FOR APPLICATIONS

Section 1. Authority. The Board promulgates these rules according to authority granted by Wyoming Statute 33-49-106(a)(x) and 16-3-103(j)(i).

Section 2. Application Review.

(a) Board staff shall refer applications to an Application Review Committee (ARC).

(b) The ARC shall review all applications for licensure, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.

(c) The ARC may recommend that the Board:

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

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

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

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

(ii) The Notice of Intent shall contain:

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

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

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

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

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

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

(iii) Withdraw the application.

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

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

Section 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;

(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 2025-07-31