Wyoming Administrative Rules 062 — Physical Therapy, Board of

348 Physical Therapy, Board of

Chapter 1 General Provisions

Wyo. Code R. 062.0001.1.04072022 § 1 Statement of purpose

The Wyoming State Board of Physical Therapy Rules and Regulations are set forth and promulgated for the purpose of interpreting and implementing W. S. 33-25-101 through 33-25-116 et seq.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.1.04072022 § 2 Severability

If any provisions of these rules or the application thereof to any license or certificate holder or circumstance is determined to be invalid, such invalidity shall not affect other provisions or application of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.1.04072022 § 3 Terms defined by Statute

Terms defined in W. S. 33-25-101 through 33-25-116 shall have the same meaning when used in these rules unless the context or subject matter clearly requires a different interpretation.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.1.04072022 § 4 Definitions

Unless specifically stated otherwise, the following definitions are applicable throughout this title:

(a) "Approved program" means a school of physical therapy or a program of physical therapist assistant training which is CAPTE accredited and approved by the Board.

(b) "Board" means the Wyoming State Board of Physical Therapy.

(c) "CAPTE" means Commission on Accreditation in Physical Therapy Education.

(d) "Direct supervision" means the physical therapist/physical therapist assistant is physically present on the premises and immediately available for direction and supervision.

(e) "Dry needling" is a manual therapy technique that uses a filiform needle as mechanical device to treat conditions within the scope of physical therapy practice. It is based upon Western medical concepts, requires a physical therapy examination and physical therapy diagnosis, and treats specific anatomic entities. Dry needling does not include the stimulation of auricular or acupuncture meridians.

(f) "Examination" means a national examination approved by the Board for the license of a physical therapist or certificate of a physical therapist assistant.

(g) "NPTE" means the National Physical Therapy Examination.

(h) "Restricted" for a physical therapist assistant means a license or certificate on which the Board places restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client whom the license may provide services.

(j) "Student" is an individual who is currently engaged in the fulfillment of a physical therapy or physical therapist assistant educational program approved by the Board.

(k) "Supportive personnel" are persons other than licensed physical therapists who function in a physical therapy setting and assist with physical therapy care.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.1.04072022 § 5 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://physicaltherapy.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 on the Board's website at http://physicaltherapy.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 2022-04-07

Chapter 2 Examinations

Wyo. Code R. 062.0001.2.04162018 § 1 Examinations

(a) Frequency and locations of examinations. Computer-based examinations are available by appointment at designated sites.

(b) Repeating examinations. An applicant who fails an examination may repeat the examination, but must pay another examination fee each time the examination is repeated

(i) No applicant will be licensed or certified if they have taken the NPTE more than six (6) times.

(c) Eligibility to take examination. An applicant must have graduated from a CAPTE accredited program, or be enrolled in the final semester of a CAPTE accredited program in order to be eligible to sit for the examination.

History

• Effective 2018-04-16

Chapter 3 License or Certification

Wyo. Code R. 062.0001.3.05202026 § 1 General license or certification requirements for graduates of approved programs

The following requirements apply to all applicants for license or certification who are new graduates of physical therapy or physical therapist assistant programs:

(a) Application procedures. All applicants 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 nationally accredited program approved by the Board;

(v) Passing scores on the NPTE;

(vi) Verification of any license or certificate from all jurisdictions in which the applicant has been licensed or certified;

(vii) A successfully completed state jurisprudence examination with a passing score of at least seventy-five (75) percent;

(viii) In order to obtain state and national criminal history record information, legible fingerprint cards as required by W.S. 7-19-201(a)(xv);

(b) No applicant for license or certificate shall have been convicted of an offense involving moral turpitude or controlled substances which may impair the applicant's ability to provide competent health care or which could pose a threat to the safety of the consumer public. A plea of nolo contendere shall establish guilt to the underlying criminal charge(s).

History

• Effective 2026-05-20

Wyo. Code R. 062.0001.3.05202026 § 2 License or Certificate by Endorsement

(a) An applicant who is currently licensed to practice physical therapy in another jurisdiction which requires applicants to pass the NPTE may apply for a license or certificate by endorsement.

(b) The applicant 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) Verification of any license or certificate from all jurisdictions in which the applicant has been licensed or certified;

(v) A successfully completed state jurisprudence examination with a passing score of at least seventy-five (75) percent;

(vi) In order to obtain state and national criminal history record information, legible fingerprint cards as required by W.S. 7-19-201(a)(xv);

(c) License and certificate holders from other jurisdictions applying for a license or certificate in Wyoming, whose graduation date is more than one (1) year prior to the date of application, shall provide evidence of completion of fifteen (15) hours of continuing competence credits within the last year;

(d) No applicant for license or certificate shall have been convicted of an offense involving moral turpitude or controlled substances which may impair the applicant's ability to provide competent health care or which could pose a threat to the safety of the consumer public. A plea of nolo contendere shall establish guilt to the underlying criminal charge(s).

History

• Effective 2026-05-20

Wyo. Code R. 062.0001.3.05202026 § 3 Disaster Relief

(a) The Board may issue a temporary practice permit to a physical therapist who holds a current license or certificate in good standing from another jurisdiction during the course of a public health emergency or state or national disaster declared by the governor. The temporary permit shall be valid until the declaration is lifted plus an additional sixty (60) days. All applicants for a temporary practice permit shall submit:

(i) A complete and legible application form stating the nature of the applicant's intent to practice; and

(ii) Verification of license or certificate from the jurisdiction of current residence in which the applicant is currently licensed or certified in good standing;

History

• Effective 2026-05-20

Wyo. Code R. 062.0001.3.05202026 § 4 Renewal of license and certification

(a) A license or certificate not renewed annually by October first is expired.

(b) It is the license or certificate holder's responsibility to renew before the October first deadline.

(c) Renewal of a license or certificate shall include:

(i) The successful completion of thirty (30) continuing competence units, including successful completion of the jurisprudence examination every two years;

(A) A score of at least seventy-five percent (75%) is required on the jurisprudence examination.

(d) Each license or certificate holder is responsible for reporting a name change and changes in business and home addresses to the Board within thirty (30) days of the change.

History

• Effective 2026-05-20

Wyo. Code R. 062.0001.3.05202026 § 5 Expired license or certificate

(a) A license or certificate holder who fails to renew the license or certificate on or before the expiration date shall not practice as a physical therapist or physical therapist assistant in this state.

(b) License or certificate holders who allow their license or certificate to expire may apply for reissuance of the license or certificate by completing the licensing or certification requirements specified in Rules and Regulations, Chapter 3, Section 1 and submitting evidence of completing thirty (30) continuing competence units (CCUs) as defined in Chapter 6.

History

• Effective 2026-05-20

Wyo. Code R. 062.0001.3.05202026 § 6 Temporary Practice Permit for Military Service Member or Military Spouse

(a) The Board shall issue a temporary practice permit to a military member or their spouse under W.S. 33-1-117(e) under the following circumstances:

(i) Holds a relevant, active occupational or professional license in good standing from another state;

(ii) The military service member or military spouse applicant may practice under the temporary permit for a period not to exceed ninety (90) days provided the military spouse is making progress toward satisfying the unmet licensure requirements, or until the professional or occupational license for which they have applied has been either granted or denied, whichever first occurs.

(iii) The board shall not charge a military service member or military spouse any fees for a temporary permit.

(b) The Board shall issue a temporary license to a military member or their spouse under W.S. 33-1-117(m) under the following circumstances:

(i) The applicant holds a relevant, active occupational or professional license in good standing from another jurisdiction for not less than three (3) consecutive years.

(ii) The military service member or military spouse applicant may practice under the temporary license for a period not to exceed ninety (90) days.

(iii) The board shall not charge a military service member or military spouse any fees for a temporary license.

3-1

History

• Effective 2026-05-20

Chapter 4 Code of Ethical Conduct

Wyo. Code R. 062.0001.4.05122015 Code of Ethical Conduct

CHAPTER 4

CODE OF ETHICAL CONDUCT

Section 1. Code of ethical conduct for physical therapists and physical therapist assistants. An individual licensed or certified by the Board has a responsibility to report any organization or entity that provides or holds itself out to deliver physical therapy services that place the license or certificate holder in a position of compromise with this code of ethical conduct.

Section 2. Ethical integrity. License and certificate holders shall use the provisions contained in paragraphs (a) to (g) of this rule as guidelines for promoting ethical integrity and professionalism. Failure to comply with paragraphs (a) to (g) of this rule may be grounds for disciplinary action pursuant to W.S. 33-25-111.

(a) A license or certificate holder shall respect the rights and dignity of all patients and provide compassionate care.

(i) A license or certificate holder shall recognize individual differences with patients and shall respect and be responsive to those differences.

(ii) A license or certificate holder shall be guided by concern for the physical, psychosocial, and socioeconomic welfare of patients.

(b) A license or certificate holder shall exercise sound judgment and act in a trustworthy manner in all aspects of physical therapy practice. Regardless of practice setting, the physical therapist shall maintain the ability to make independent judgments. A license or certificate holder shall strive to effect changes that benefit the patient.

(c) A license or certificate holder shall only seek compensation that is reasonable for the physical therapy services delivered. A license or certificate holder shall never place the license or certificate holder's own financial interests above the welfare of the license or certificate holder's patients. A license or certificate holder, regardless of the practice setting, shall safeguard the public from unethical and unlawful business practices.

(d) A license or certificate holder shall not influence a patient or the patient's family to utilize, purchase, or rent any equipment based on the direct or indirect financial interests of the licensee. Recommendations of equipment must be based solely on the therapeutic value of that equipment to the patient. A licensee who owns or has a direct financial interest in an equipment or supply company must disclose the financial interest to the patient if the licensee sells or rents, or intends to sell or rent, to the patient.

(e) A license or certificate holder shall ensure the patient's rights to participate fully in their care, including the patient's right to select the physical therapy provider, regardless of the practice setting.

(f) A license or certificate holder shall respect the rights, knowledge, and skills of colleagues and other health care professionals.

(g) A license or certificate holder shall safeguard the public from underutilization or overutilization of physical therapy services.

Section 3. Ethical conduct. Ethical conduct includes conforming to the minimal standards of acceptable and prevailing physical therapy practice. Conduct may be considered unethical regardless of whether or not actual injury to a patient occurred. Failure to comply with paragraphs (a) to (k) of this rule may be grounds for disciplinary action pursuant to W.S. 33-25- 111.

(a) A license or certificate holder shall adhere to the standards of ethical practice by practicing in a manner that is moral and honorable. A license or certificate holder may be disciplined for violating any provision contained herein.

(b) A license or certificate holder shall adhere to the minimal standards of acceptable prevailing practice. Failure to adhere to minimal standards of practice, whether or not actual injury to a patient occurred, includes, but is not limited to:

(i) Failing to assess and evaluate a patient's status;

(ii) Performing or attempting to perform techniques, procedures, or both in which the license or certificate holder is untrained by education or experience;

(iii) Delegating physical therapy functions or responsibilities to an individual lacking the ability or knowledge to perform the function or responsibility in question;

(iv) Causing, or permitting another person to cause, physical or emotional injury to the patient, or depriving the patient of their dignity;

(v) Providing treatment interventions that are not warranted by the patient's condition or continuing treatment beyond the point of reasonable benefit to the patient;

(vi) Providing substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, whether or not actual injury to any person occurred;

(vii) Abandoning the patient by inappropriately terminating the patient practitioner relationship by the licensee.

(c) A license or certificate holder shall not engage in conduct that constitutes harassment or verbal or physical abuse of, or unlawful discrimination against, patients.

(d) A license or certificate holder shall not engage in any sexual relationship or conduct, including dating, with any patient, or engage in any conduct that may reasonably be interpreted by the patient to be sexual, whether consensual or nonconsensual, while a therapist- patient relationship exists.

(i) A license or certificate holder shall not intentionally expose or view a completely or partially disrobed patient in the course of treatment if the exposure of viewing is not related to the patient diagnosis or treatment under current practice standards.

(ii) A license or certificate holder shall not engage in a conversation with a patient that is sexually explicit and unrelated to the physical therapy plan of care.

(e) A license or certificate holder shall not engage in sexual harassment of patients. Sexual Harassment includes, but is not limited to, making sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature that results in:

(i) Withholding physical therapy services to a patient;

(ii) Creating an intimidating, hostile, or offensive environment for the patient; or

(iii) Interfering with the patient's ability to recover.

(f) A license or certificate holder shall not falsify, alter, or destroy patient/client records, medical records, or billing records without authorization, or fail to maintain accurate patient or billing records.

(g) A license or certificate holder shall not practice physical therapy while the ability to practice is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability. If a license or certificate holder's ability to practice is in question, the license or certificate holder shall submit to a physical or mental examination or drug/alcohol screen as requested by the Board to determine the applicant's or licensee's qualifications to practice physical therapy.

(h) A license or certificate holder shall not obtain, attempt to obtain, or deliver medications through means of misrepresentation, fraud, forgery, deception, and/or subterfuge.

(i) A licensee shall transfer the continuum of care of the patient, as appropriate, to another health care provider in the event of elective termination of physical therapy services by the licensee.

(j) A license or certificate holder shall not aid, abet, authorize, condone, or allow the practice of physical therapy by any person not legally authorized to provide services.

(k) A license or certificate holder shall not permit another person to use an individual's wall certificate, pocket identification care, or license/certificate number for any illegal purpose.

Section 4. Reporting requirements. A license or certificate holder shall self-report to the Board, within thirty days, any of the items outlined in paragraphs (a) to (e) of this rule. Failure to comply with this rule may be grounds for disciplinary action pursuant to W.S. 33-25- 111.

(a) Impairment by illness, chemical use, or chemical dependency that affects the applicant's or license or certificate holder's ability to practice with reasonable skill and safety.

(b) Conviction of a felony.

(c) Conviction of a misdemeanor when the act that constituted the misdemeanor occurred during the practice of physical therapy.

(d) The termination, revocation, or suspension of a license, certificate, or membership by a state or national physical therapy professional association.

(e) A positive drug and/or alcohol screening.

History

• Effective 2015-05-12

Chapter 5 Fees

Wyo. Code R. 062.0001.5.05202026 § 1 General information

(a) Fees shall be payable in the exact amount, by money order or cashier's check for all services and shall be paid in advance of the services rendered. Fees for renewal of license or certification may, in addition to money order or cashier's check, be paid by personal check. License or certificate holders renewing online shall use a credit card.

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

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

History

• Effective 2026-05-20

Wyo. Code R. 062.0001.5.05202026 § 2 Fees

(a) Physical therapist application fee: $250.00

(b) Physical therapist assistant application fee: $200.00

(c) Physical therapist annual renewal fee: $100.00

(d) Physical therapist assistant annual renewal fee: $75.00

(e) Reissuance of an expired physical therapist license: $250.00

(f) Reissuance of an expired physical therapist assistant certificate: $200.00

(g) Duplicate certificate or pocket card: $25.00

(h) License verification to another jurisdiction: $25.00

(i) Background check fee: $39.00

History

• Effective 2026-05-20

Chapter 6 Continuing Competence

Wyo. Code R. 062.0001.6.04072022 § 1 Hours and requirements

(a) All physical therapists and physical therapist assistants shall obtain thirty (30) continuing competence units (CCUs) every two years to be eligible for renewal. There may be no carryover of CCUs to the next reporting period. The Board shall determine reporting groups, methods, and deadlines.

(b) A licensure/certification reporting cycle begins on October 2 and ends on October 1 of the second year.

(c) At least fifteen (15) of the required thirty (30) CCUs shall be from Category A.

(d) The primary objective of any CCU shall be to increase the participant's competence within their practice as a physical therapist or physical therapist assistant.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.6.04072022 § 2 Categories

(a) Category A Activities include:

(i) Registered attendance at courses or conferences offered live, in person, or virtually through a live audio and video connection, by approved providers. Approved providers include:

(A) The American Physical Therapy Association (APTA), including any sections, credentialed residencies and fellowships and its accrediting subsidiary;

(B) State Chapters of the APTA;

(C) Federation of State Boards of Physical Therapy and any accrediting subsidiary;

(D) Any providers approved or accredited by the agencies or organizations listed in subparagraphs (A) through (C) of this paragraph;

(ii) The Wyoming Department of Health and the Wyoming Department of Education activities directly related to physical therapy.

(b) Category B Activities include:

(i) Self-study, which may be directed by a correspondence course, video, internet, or satellite program;

(ii) Attendance at in-service education programs pertaining to safety or governmental regulation;

(iii) Teaching or lecturing principally for health care professionals;

(iv) Author or reviewer of a peer-reviewed publication;

(v) Clinical instruction not to exceed five (5) hours;

(vi) Physical therapy association or licensing Board and committee work;

(vii) Structured interactive study (group study);

(c) Activities excluded from Continuing Competence Credit:

(i) Staff meetings, presentations, or publications directed at lay groups;

(ii) Routine teaching as part of a job requirement;

(iii) Regularly scheduled institutional activities such as rounds;

(iv) Breaks in instruction time; and

(v) Credit for repetitions of the same activity.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.6.04072022 § 3 Affirmation of compliance with continuing competency requirements

License and certificate holders shall provide a signed statement on the form provided by the Board listing the CCUs taken and indicating compliance with the required thirty (30) CCUs upon renewal. The Board, in its discretion, may require additional evidence from a license or certificate holder to verify compliance.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.6.04072022 § 4 Continuing competence audits

(a) The Board shall periodically select a sample of physical therapists and physical therapist assistants and may request supporting evidence of their continuing competence. Supporting evidence may come directly from the license or certificate holder or from state or national organizations that maintain those records.

(b) The Board shall notify an audited license or certificate holder whether the license or certificate holder is in compliance with continuing competence requirements within thirty (30) working days following the Board's determination. License and certificate holders shall retain evidence of continuing competence activities for one (1) year after the reporting period.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.6.04072022 § 5 Waiver of continuing competence requirements

(a) The Board may waive continuing competence requirements on an individual basis for reasons of extreme hardship such as illness, disability, active service in the military, or other extraordinary circumstance as determined by the Board.

(b) A license or certificate holder who seeks a waiver of the continuing competence requirements shall provide to the Board in writing, at least thirty (30) days prior to expiration of the license or certificate, the specific reasons for requesting the waiver and additional information that the Board may request in support of the waiver application.

(c) The Board shall appoint an Application Review Committee to investigate the waiver request and make a recommendation to the Board in accordance with Chapter 11 of these rules.

History

• Effective 2022-04-07

Chapter 7 Standards of Practice

Wyo. Code R. 062.0001.7.04072022 § 1 Standards of practice

A physical therapist shall:

(a) Practice in a safe manner that minimizes risk to patients, self, and others.

(b) Complete documentation related to physical therapy practice in an appropriate, legible, and timely manner that is consistent with all applicable laws and regulatory requirements.

(c) Supervise assistive personnel and students in a manner that assures safe and efficient care.

(d) Consistently and critically evaluate sources of information related to physical therapy practice, outcomes, research, and education and applied knowledge from these sources in a scientific manner and to appropriate populations.

(e) Select and use outcome measures to assess the results of interventions administered to individuals and group patients.

(f) Communicate effectively with clients, caregivers, and professional colleagues.

(g) Conduct critical self-assessment in order to practice to the fullest extent of knowledge, skills and abilities and take responsibility to make accommodations as necessary.

(h) Demonstrate an understanding of and compliance with all laws and regulations governing the practice of physical therapy in his jurisdiction.

(i) Form a professional relationship with patients/clients, colleagues and other members of the health care team in an effort to maximize patient/client outcomes.

(j) Avoid potential conflict of interest situations and circumstances that could be construed as harassment or abuse of patients, colleagues, associates or employees.

(k) Establish and monitor a plan of care in consultation, cooperation and collaboration with the patient/client and other involved health care team members to insure that care is continuous and reliable and takes into consideration environment, equipment, care giver support and finances.

(l) Evaluate and update the plan of care as indicated based on the patient/client status and applicable laws and regulations.

(m) Deliver, evaluate and adjust the physical therapy intervention.

(n) Utilize supportive personnel in accordance with legal requirements.

(o) Educate patients/clients, family, and caregivers, using relevant and effective teaching methods to assure optimal patient care outcomes.

(p) Plan for discharge in consultation with the patient/client and care givers.

(q) Discharge the patient/client after expected outcomes have been achieved or document rationale for discharge when outcomes have not been achieved.

(r) Assist in the coordination of ongoing care if required.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 2 Evidence of competence; manual therapy

(a) Qualification for grade V joint manipulation (high velocity, low amplitude thrust manipulation) requires hands-on practical evaluation and includes one or more of the following:

(i) Physical therapists that graduated from CAPTE accredited doctoral degree physical therapy programs shall obtain and maintain evidence showing that high velocity, low amplitude thrust techniques were included in their program.

(ii) Foreign-educated physical therapists shall provide evidence of doctoral-level physical therapy training in manual therapy techniques that included high velocity, low amplitude thrust techniques as part of their curriculum.

(iii) Physical therapists that hold the Orthopedic Clinical Specialist or Sports Clinical Specialist certification from the American Board of Physical Therapy Specialties with documentation that high velocity, low amplitude thrust techniques were included in the study program.

(iv) Physical therapists that successfully complete a formal, credentialed, manual therapy fellowship or other certification program.

(v) Physical therapists that successfully complete a post entry-level education program in high velocity, low amplitude thrust techniques that fall within Chapter 6, Section 2(i)(A) - (E).

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 3 Evidence of competence; dry needling

(a) Dry needling is a skilled technique performed by a physical therapist using a mechanical device, filiform needles, to penetrate the skin or underlying tissues to affect change in body structures and functions for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.

(b) Dry needling may not be performed by a physical therapy assistant or a physical therapy aide.

(c) Licensed physical therapists shall demonstrate that they have received training in dry needling in a course approved by state boards of physical therapy, the American Physical Therapy Association or individual chapters of the American Physical Therapy Association, or the Federation of State Boards of Physical Therapy.

(i) The course shall include but not be limited to training in indications, contraindications, potential risks, proper hygiene, proper use and disposal of needles, and appropriate selection of clients.

(ii) The course shall include a minimum of twenty-seven (27) hours of live face-to-face instruction. Online courses are not appropriate training in dry needling.

(d) Dry needling shall be performed in a manner that is consistent with generally accepted standards of practice, including clean needle techniques, and other applicable standards of the Centers for Disease Control and Prevention.

(e) The physical therapist shall supply written documentation, at the Board's request, that substantiates appropriate training as required by this rule. Failure to provide written documentation may result in disciplinary action taken by the Board.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 4 Delegation

. The physical therapist assistant may assist in the practice of physical therapy only to the extent allowed by the supervising physical therapist. When a physical therapist delegates patient care to physical therapist assistants or other supportive personnel, the physical therapist holds responsibility for supervision of the physical therapy program. Physical therapists shall not delegate to a less qualified person any activity that requires the unique skills, knowledge, and judgment of the physical therapist. The primary responsibility for physical therapy care rendered by supportive personnel rests with the supervising physical therapist. Adequate supervision requires, at a minimum, that the supervising physical therapist perform the following activities:

(a) Designate or establish channels of written and oral communication.

(b) Interpret available information concerning the individual under care.

(c) Provide initial evaluation.

(d) Develop plan of care, including functional long-term goals.

(e) Select and delegate appropriate tasks for plan of care.

(f) Assess competence of supportive personnel to perform assigned tasks.

(g) Direct and supervise supportive personnel in delegated tasks.

(h) Identify and document precautions, goals, anticipated progress, and plans for reevaluation.

(i) Reevaluate, adjust plan of care when necessary, perform final evaluation, and establish follow up plan of care.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 5 Physical therapist assistants

(a) Definitions that apply to this section:

(i) "Physical therapist assistant" is a person who is certified and who assists a physical therapist in the administration of physical therapy. The physical therapist assistant's function is to assist the physical therapist in patient-related activities and to perform delegated procedures that are commensurate with the physical therapist assistant's education, training, experience, and skill.

(ii) "Physical therapist assistant supervision" means that at all times a supervising physical therapist is readily accessible for consultation with the physical therapist assistant, either in person or by means of telecommunications.

(iii) "Supervising physical therapist" means either the last physical therapist to see the patient or the physical therapist designated as in charge of the patient on the day the patient is being treated.

(b) Scope of Practice.

(i) For purposes of the provision of physical therapy services, a physical therapist assistant shall practice solely under the supervision and direction of a physical therapist.

(ii) A physical therapist assistant may provide physical therapy treatment only when supervised by a physical therapist.

(iii) The physical therapist assistant shall ensure the aide's competence in tasks delegated.

(iv) The physical therapist assistant shall report any changes in the patient status to the supervising physical therapist before providing physical therapy services.

(v) When components of a patient's treatment are delegated to a physical therapist assistant in the outpatient setting, a physical therapist must provide the treatment and documentation of its appropriateness at least every six (6) treatment sessions or three (3) weeks.

(vi) When components of a patient's treatment are delegated to a physical therapist assistant in home health, long-term care, or school settings:

(A) The physical therapist must be accessible in person or by telecommunication to the physical therapist assistant at all times while the physical therapist assistant is treating the patient;

(B) A joint visit by the physical therapist and physical therapist assistant or a conference between the physical therapist and physical therapist assistant must be made prior to or on the first physical therapist assistant visit to the patient;

(C) At least once every thirty (30) calendar days the physical therapist must visit the patient and the medical/education record must reflect a documented conference with the physical therapist assistant outlining treatment goals and program modification;

(D) The visit shall be on-site or virtually through a live audio and video connection and must include:

(I) A functional assessment;

(II) Review of activities with appropriate revisions or termination of plan of care;

(III) Assessment of utilization of outside resources.

(c) Prohibited Acts. A physical therapist assistant shall not:

(i) Perform an initial evaluation;

(ii) Perform reassessment. A physical therapist assistant may participate with the physical therapist on gathering data to be included in the reassessment of a patient for whom the physical therapist assistant has been providing treatment;

(iii) Independently make modifications to the plan of care or objective goals. A physical therapist assistant may collaborate with the physical therapist in making modifications or changes to the plan of care or goals based on the physical therapist assistant's treatment of that patient and the patient's condition, progress or response to the treatment;

(iv) Independently make the decision to discharge a patient from therapy. A physical therapist assistant may make recommendations regarding discharge to the supervising physical therapist based on the physical therapist assistant's treatment of the patient;

(v) Perform high velocity manipulation of the spine or peripheral joints;

(vi) Perform dry needling.

(d) No person shall practice as a physical therapist assistant unless that person is certified as provided in W.S. 33-25-102.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 6 Physical therapy aides

(a) Definitions that apply to this section:

(i) "Physical therapy aide" or "aide" means a person who is not licensed as a physical therapist or certified as a physical therapist assistant, who aids a physical therapist or physical therapist assistant by performing treatment-related tasks or by performing non-treatment, patient-related tasks. Although they may be providing services to a patient pursuant to direction or instruction from a physical therapist or physical therapist assistant, the following persons are not considered physical therapy aides:

(A) Educational or instructional aides or assistants working in a school setting; or

(B) Nurses aides, restorative aides or personal care assistants, persons performing facility maintenance, equipment assembly and maintenance, housekeeping, clerical, or other similar tasks.

(ii) "Treatment-related task" means a physical therapy service rendered directly to a patient.

(iii) "Non-treatment, patient-related task" means a task related to preparation of treatment areas, transport of patients, preparation of patients for treatment, and clerical tasks.

(iv) "Supervise" means to provide the amount of personal direction, assistance, advice and instruction necessary to reasonably assure that the supervisee provides the patient competent physical therapy services given the supervisor's actual knowledge of the supervisee's ability, training and experiences. Additionally, supervision of:

(A) A treatment-related task requires that the supervising physical therapist or physical therapist assistant be in the same building within sight or earshot of the aide who is performing the treatment-related task. The supervising physical therapist or physical therapist assistant shall be immediately available at all times to provide in-person direction, assistance, advice, or instruction to the aide or the patient. A physical therapist may delegate supervision of an aide to a physical therapist assistant.

(B) A non-treatment patient-related task requires that the supervising physical therapist or physical therapist assistant be within the building where the aide is performing the task.

(b) Supervision; Delegation of Supervision; Professional Responsibility of Supervisors and Supervisees:

(i) The physical therapist shall supervise the physical therapy aide in each treatment task and each non-treatment patient-related task assigned to the aide. The supervising physical therapist may delegate to a physical therapist assistant supervision of the aide.

(ii) A physical therapist or physical therapist assistant is responsible for the competent performance of tasks assigned to an aide whom the physical therapist or physical therapist assistant is supervising.

(iii) When a treatment-related task is performed by an aide, the supervising physical therapist or physical therapist assistant shall, at some point during each treatment, provide direct service to the patient to assess and monitor the patient's progress, and so document in the patient's record.

(c) Prohibited treatment-related tasks. A physical therapist or physical therapist assistant shall not permit an aide to perform any of the following treatment-related tasks:

(i) Administer mechanized or manual traction;

(ii) Perform manual stretching with the goal of increasing range of motion, neuro-facilitation, or cardiac therapeutic exercise;

(iii) Wound debridement;

(iv) Administer tilt table or standing frame.

(v) Joint mobilization or manipulation;

(vi) Determine or modify a plan of care;

(vii) Instruct a patient or a patient's caregiver in the application of any treatment.

(viii) Except as required to respond to an inquiry by the Board or other person authorized to receive the information, answer or discuss any questions regarding a patient's status or treatment with anyone other than the physical therapist or physical therapist assistant.

(d) Limited Treatment Related Tasks.

(i) The physical therapist or physical therapist assistant shall not delegate the following tasks to an aide unless specific treatment protocol and parameters have been defined by the physical therapist;

(A) Administer iontophoresis;

(B) Administer phonophoresis;

(C) Administer electrotherapy; and

(D) Administer ultrasound.

(ii) No physical therapy aide shall independently make entries in a patient record, except for objective information about the treatment provided by the aide. A physical therapist or physical therapist assistant may dictate information to an aide for entry into a patient medical record. The physical therapist or physical therapist assistant shall authenticate these entries;

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 7 Supervision ratios

A physical therapist may supervise a maximum of five (5) physical therapy personnel to include no more than three (3) aides. A physical therapist assistant may supervise no more than two (2) physical therapy aides.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 8 Physical therapy personnel identification

All physical therapy personnel shall wear an identification badge identifying them as a physical therapist, physical therapist assistant or physical therapy aide. Supportive personnel shall not use any term that implies they are licensed physical therapists.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.7.04072022 § 9 Telehealth

(a) For purposes of these rules, "telehealth" means the use of electronic communications to provide and deliver a host of health-related information and health care services including, but not limited to, physical therapy related information and services across any distance. Telehealth further includes health care and promotion activities including, but not limited to, education, advice, reminders, interventions, and monitoring interventions.

(b) Physical therapists may use telehealth technology to deliver services to clients.

(i) Services are deemed delivered where the patient is located. A patient located in Wyoming may only receive telehealth services from a physical therapist who possesses a current Wyoming license.

(ii) Physical therapy assistants may use telehealth technology to deliver services to patients in Wyoming under the supervision of a physical therapist who possesses a current Wyoming license.

(c) Nothing in this section modifies or supersedes the requirements of Chapter 4 of these rules or Chapter 7, Section 1 of these rules.

(i) Telehealth services shall be equivalent in quality to services delivered in person.

(ii) A licensee may not use new or different evaluative or intervention means solely because the licensee is providing physical therapy services through telehealth technology.

(d) When providing telehealth services, a licensee shall have documented procedures in place to address:

(i) Remote medical or clinical emergencies at the patient's location; and

(ii) How a licensee shall ensure that the patient is receiving services that are equivalent in quality to services delivered in person, including a technical description of the services.

(e) A licensee who provides telehealth services shall ensure that the privacy and confidentiality of the patient's health information is maintained during and following the provision of telehealth services, including compliance with HIPAA and other relevant federal and state law that applies to patient health information.

(f) Licensees shall ensure that patients have provided informed consent to the use of telehealth technology.

(i) Licensees shall disclose the risks of potential technology failures, including the potential loss of medical records or other information, and patients must provide their informed consent to these risks.

(ii) If applicable, licensees shall disclose that they may photograph, record, videotape, and store records of the services electronically, and patients must provide their informed consent to these actions.

(iii) Patients may provide their informed consent to these risks or actions through verbal or written agreement, including by email.

History

• Effective 2022-04-07

Chapter 10 Miscellaneous

Wyo. Code R. 062.0001.10.05122015 Miscellaneous

CHAPTER 10

MISCELLANEOUS

Section 1. Terms and titles.

(a) The designations "SPT" and "SPTA" should be used for physical therapist students and physical therapist assistant students, respectively, up to the time of graduation.

(b) In order to promote consistent communication of the presentation of credentials and letter designations, the preferred order of credentials should be:

(i) PT/PTA.

(ii) Highest earned physical therapy-related degree.

(iii) Other earned academic degrees.

(iv) Specialist certification credentials in alphabetical order (specific to the American Board of physical therapy specialties).

Section 2. Standards of practice for medications.

(a) A physical therapist may purchase, store, and administer topical medications, including topical aerosol medications, as part of the practice of physical therapy. A physical therapist shall comply with any protocols of the United States pharmacopoeia for storage of medications.

(b) A valid order or prescription for medication classified as a legend drug is needed before administration to a patient. Physical therapy facilities must work with a pharmacist to assist with proper protocols for storage of medications. A record of dosage form, quantity, and strength of medication administered to each patient is required in the medical record.

History

• Effective 2015-05-12

Chapter 11 Practice and Procedures for Disciplinary, Application, and License or Certificate Matters

Wyo. Code R. 062.0001.11.04072022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-25-104(a)(iv) and 16-3-103(j)(i).

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.11.04072022 § 2 Application Review

(a) Assigning Application Review Committee (ARC).

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

(ii) When Board staff determines that there may be grounds to deny a license or certificate, or approve a license or certificate 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, recertify or reinstate a license or certificate;

(ii) Issue, renew, relicense, recertify or reinstate a license or certificate 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 or certificate 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 certificate, or issuing the license or certificate 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 2022-04-07

Wyo. Code R. 062.0001.11.04072022 § 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 or certification.

(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 or certification. 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 certificate, or a license or certificate 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 or certificate subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure or certification.

(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, recertify, or reinstate a license or certificate;

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

(C) Deny a license or certificate, 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 2022-04-07

Chapter 12 Practice and Procedures for Discipline Matters

Wyo. Code R. 062.0001.12.04072022 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-25-104(a)(iv) and 16-3-103(j)(i).

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.12.04072022 § 2 Practice and Procedures for Discipline Matters

In addition to the grounds identified in Wyoming Statute 33-25-11, the Board may take disciplinary action for the following:

(a) Engaging in or soliciting any intimate, sexual, or otherwise exploitive behavior relationships, whether consensual or non-consensual, with a patient throughout the existence of a patient while a physical therapist/patient or physical therapist assistant/patient relationship exists;

(b) Making sexual advances, either verbally or physically;

(c) Requesting sexual favors;

(d) Failing to obtain, document and maintain informed consent for any procedure which may be deemed "sexual" by a reasonable person;

(e) Engaging in any verbal or physical conduct which:

(i) Deviates from generally accepted and prevailing practices for any given patient care situation;

(ii) Violates professional boundaries;

(iii) Exploits the trust of a patient by performing a procedure or technique on the patient for which there is no clinically valid reason;

(f) While providing clinically valid and generally acceptable treatment the license or certificate holder exploits a patient's/client's trust through conduct or physical contact of a sexual nature with the patient or client.

(g) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.12.04072022 § 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 or certificate;

(iii) Approve a settlement agreement; or

(iv) Discipline the license or certificate holder, including revocation, suspension, restriction, condition, or reprimand.

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.12.04072022 § 4 Summary Suspension

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

(b) The IC shall notify the license or certificate holder 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 license or certificate holder of the date and time of the proceeding by mailing written notice and emailing electronic notice to the license or certificate holder'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 license or certificate holder 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 license or certificate holder.

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

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

(iv) The license or certificate holder, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the license or certificate holder'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 license or certificate holder'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 (7) days after the proceeding. The Board shall send the order to the license or certificate holder by U.S. mail and by email.

(j) Post-Deprivation Hearing.

(i) A license or certificate holder may request a post-deprivation hearing within ten (10) days from the date the summary suspension order is entered.

(ii) If a license or certificate holder requests a post-deprivation hearing, the Board shall conduct it within thirty (30) days of the license or certificate holder's request and notify the license or certificate holder 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 or certificate, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

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

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.12.04072022 § 5 Surrender in Lieu of Discipline and Licenses or Certificates Issued in Error

(a) A license or certificate holder may petition the Board, in writing, to voluntarily surrender a license or certificate 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 or certificate has been issued despite an applicant not meeting licensure or certification requirements and:

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

(ii) If Board staff has issued the license or certificate 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 certificate, 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 or certificate discipline. Nothing in this subsection prohibits discipline or application denial for a license or certificate holder's conduct.

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

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.12.04072022 § 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 license or certificate holder most recently supplied to the Board.

(b) The IC shall notify the license or certificate holder 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 license or certificate holder no less than thirty (30) days to show that the license or certificate holder has complied with all lawful license or certificate requirements.

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

(d) A license or certificate holder 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 license or certificate holder shall respond to a Petition within twenty (20) days from the date the Petition is filed with the Board office or, if the license or certificate holder 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 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 license or certificate holder 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 license or certificate holder 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 license or certificate holder. 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 license or certificate holder 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.

(j) 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.

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

(l) 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 license or certificate holder'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 license or certificate holder;

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

(I) Revoke the license or certificate;

(II) Suspend the license or certificate;

(III) Restrict the license or certificate;

(IV) Condition the license or certificate;

(V) Reprimand the licensee or certificate; or

(VI) Refuse to renew the license or certificate.

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

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

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

History

• Effective 2022-04-07

Wyo. Code R. 062.0001.12.04072022 § 7 Petition for Modifying Conditions or Restrictions

(a) A license or certificate holder may petition the Board to modify any conditions or restrictions on his or her license or certificate. The license or certificate holder 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 thirty (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 2022-04-07