Wyoming Administrative Rules 056 — Optometry, Board of Examiners in

343 Optometry, Board of Examiners in

Chapter 1 General Provisions

Wyo. Code R. 056.0001.1.04052023 § 1 Authority

These Board Rules are adopted to implement the Board's authority under the Act as it relates to the licensure and discipline of an optometrist and regulation of the practice of optometry in Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.1.04052023 § 2 Definitions

(a) "Act" means Wyoming Statute §§ 33-23-101 through -117.

(b) "AOA" means American Optometric Association.

(c) "ARC" means Application Review Committee.

(d) "ARBO" means Association of Regulatory Boards of Optometry.

(e) "Asynchronous" means the instructor and licensee are not together at the same time, there is no real time communication between the instructor and the licensee, the licensee does not receive immediate feedback, and content is created and made available for attendance at a later date.

(f) "Board Rules" means the administrative rules promulgated by the Board.

(g) "CE" means continuing education.

(h) "CELMO" means The Council on Endorsed Licensure Mobility for Optometrists.

(i) "COPE" means Council on Optometric Practitioner Education.

(j) "IC" means Investigative Committee.

(k) "Incompetence" means an act or omission that presents a danger to an individual's life, health, or safety and is likely to cause death or injury.

(l) "NBEO" means National Board of Examiners in Optometry.

(m) "OE Tracker" means an ARBO program that captures and stores CE information for optometrists.

(n) "Permissible removal of foreign bodies" means removal of superficial ocular foreign bodies not penetrating the intraocular spaces or tissues.

(o) "Pharmaceutical Agents" means those Food and Drug Administration approved pharmaceutical agents related to the practice of optometry.

(p) "Surgery" means the penetration by manual operation into the intraocular tissues or spaces for healing diseases, deformations, or injuries.

(q) "Synchronous" means the instructor and licensee are together at the same time, there is real time communication between the instructor and the licensee, the licensee can receive immediate feedback, and the course is on a fixed schedule where learning takes place only once at a specific date and time.

(r) "WAPA" means the Wyoming Administrative Procedure Act, W.S. §§ 16-3-101 through -115.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.1.04052023 § 3 Board Office

The Board Office shall be located at 2001 Capitol Avenue, Cheyenne, Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.1.04052023 § 4 Board Meetings

The Board shall establish a regular meeting by resolution. The Board may call special meetings as necessary.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.1.04052023 § 5 Reference by Incorporation

The Board hereby incorporates by reference the following uniform rules:

(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://optometry.wyo.gov/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://optometry.wyo.gov/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 are available for public inspection and copying at cost at the same location.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.1.04052023 § 6 Public Records Inspection

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

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.1.04052023 § 7 Change Name, Address, or Telephone Number

Each applicant and licensee shall notify the Board in writing of any change to their legal name, home address, business address, e-mail address, or telephone number within thirty (30) days of the change.

History

• Effective 2023-04-05

Chapter 2 Requirements for Licensure

Wyo. Code R. 056.0001.2.04052023 § 1 Authority

The Board is authorized under Wyoming Statute 33-23-109(a) and -116 to promulgate rules and regulations related to the application, licensure, and renewal procedures to practice optometry in Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 2 Application Status

(a) For those applicants seeking licensure, competency shall be met during the timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed "complete" when all necessary documentation has been received by the Board office.

(c) Applications shall expire one year after submission. If an application expires, an applicant shall submit a new application, including payment of fee.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 3 ARC Review of Applications

An applicant for licensure shall have committed no acts that are grounds for disciplinary action, or if the act was committed, the ARC has found after investigation that sufficient restitution has been made and the applicant no longer presents a threat to the public safety.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 4 Jurisprudence Examination

(a) To successfully pass the jurisprudence examination, the applicant shall score at least 75%.

(b) Applicants that fail the examination shall wait one (1) week to retest.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 5 Licensure by Examination

(a) Eligibility. An applicant may seek licensure by examination if the applicant is not licensed to practice in another jurisdiction, or if licensed in another jurisdiction but that jurisdiction's licensure requirements are not equivalent to Wyoming, or if the applicant fails to meet other licensure methods.

(b) Applicant Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit acceptable fingerprint cards;

(iii) Request an official transcript from the optometry college or university to be sent directly to the Board Office;

(iv) Request a verification of successful passage of parts one (1), two (2) including passage of Treatment and Management of Ocular Disease, and three (3) of the examination administered by NBEO to be sent directly to the Board Office; and

(v) Successfully pass the jurisprudence examination.

(vi) If the applicant has been out of clinical practice or instruction for five (5) or more years, the applicant shall submit the following evidence to demonstrate competency:

(A) Complete parts one (1), two (2) including passage of Treatment and Management of Ocular Disease, and three (3) of the examination administered by NBEO in the last five (5) years; or

(B) Complete twenty (20) hours of CE each year that meets the criteria in Chapter 3, Section 3 for the last five (5) years.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 6 Licensure by Endorsement

(a) Eligibility. An applicant may seek licensure by endorsement if the applicant is currently licensed in another United States or Canadian jurisdiction with substantially equivalent requirements as Wyoming and who meets Wyoming requirements for licensure by endorsement.

(b) Application Requirements. An applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit acceptable fingerprint cards;

(iii) Successfully pass the jurisprudence examination; and

(iv) Submit verification of licensure where the applicant holds an active license in another jurisdiction with licensure requirements as stringent as Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 7 Licensure by CELMO Endorsement

(a) Eligibility. An applicant may seek licensure by CELMO endorsement if the applicant currently holds a CELMO Certificate issued by the Association of Regulatory Boards of Optometry.

(b) Application Requirements. An applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit acceptable fingerprint cards;

(iii) Successfully pass the jurisprudence examination; and

(iv) Submit a copy of their CELMO Certificate.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.2.04052023 § 8 License Type Designation

All licenses issued by the Board will contain the letter "T" following the license number to designate the holder as being qualified and authorized to use diagnostic and therapeutic pharmaceutical agents in his/her practice.

History

• Effective 2023-04-05

Chapter 3 Renewal and Relicensure

Wyo. Code R. 056.0001.3.04052023 § 1 Authority

The Board is authorized under Wyoming Statute 33-23-109(a) and -116 to promulgate rules and regulations related to the application, licensure, and renewal procedures to practice optometry in Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.3.04052023 § 2 Annual Licensure Renewal

(a) Notice. Failure to receive notice for renewal of a license or certificate shall not excuse a licensee from the requirement for renewal under the Act and these Board Rules.

(b) Expiration.

(i) All licenses and certificates shall expire on April 1 of each year. License renewal applications and fees shall be postmarked no later than April 1 to be timely.

(ii) Unless a licensee timely renews their license, the licensee shall not practice after April 1.

(c) Renewal Application. A licensee seeking renewal shall:

(i) Submit a completed renewal application and payment of fee; and

(ii) Submit documentation verifying completion of CE identified in Section 4.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.3.04052023 § 3 Requirements

(a) CE Requirements for Renewal. As a condition for renewal, each licensee shall complete a total of forty (40) hours of CE.

(b) Timeframe for Earning CE for Renewal.

(i) The first renewal period begins on January 1st following the date their license was issued. Following the first renewal period, if the license was issued in an even year the licensee shall submit twenty (20) hours of CE. If the license was issued in an odd year the licensee shall submit forty (40) hours of CE.

(ii) CE will be required following the first renewal period and each two (2) calendar years thereafter.

(iii) Only those CE acquired during the CE reporting period will be considered. Duplicate courses taken during a CE reporting period will not be accepted.

(c) The Board shall approve courses related to the practice of optometry offered by the following:

(i) COPE accredited or COPE sponsored;

(ii) AOA;

(iii) AOA recognized state associations;

(iv) American Academy of Optometry;

(v) Schools and colleges of optometry;

(vi) College of Visual Development; and

(vii) Optometric Extension Program and clinical facilities specializing in eye care that are staffed by professors or adjunct professors of optometry or ophthalmology at accredited optometry or medical schools.

(viii) Other courses may be submitted to the Board Office for pre-approval.

(d) Composition of CE.

(i) Licensees authorized to prescribe therapeutic pharmaceuticals shall obtain fifteen (15) hours of the required forty (40) hours of CE in topics addressing ocular systemic therapeusis.

(ii) Licensees shall complete three (3) hours of the required forty (40) hours of CE in topics addressing the responsible prescribing of controlled substances.

(iii) A maximum of six (6) hours of CE in the area of practice management may be applied towards the required forty (40) hours.

(iv) A combined maximum of ten (10) hours of asynchronous CE may be applied toward the required forty (40) hours. CE designated as "live" or synchronous are not subject to this restriction.

(v) One (1) CE may be earned during each renewal period for passing the Board's jurisprudence examination.

(e) Reporting Requirements.

(i) Licensees shall report their CE through the OE Tracker program.

(ii) Licensees shall be able to furnish copies of any certificates of attendance, letters certifying attendance, transcripts, or any other official documents that serve as proof of CE participation or attendance for at least two (2) years from the date submitted for renewal.

(iii) Proof of attendance shall contain the activity title, date(s), contact hours attended, sponsor, presenter, name of licensee and be signed by the sponsor or the presenter.

(iv) All CE must be posted on the OE Tracker website no later than December 31 of the renewing biennium year. CE posted after December 31 will be assessed a late fee.

(f) Auditing.

(i) CE may be audited by the Board for verification of compliance with these requirements and the Board may disallow any course not meeting the intended CE criteria.

(ii) If the Board disallows any CE hours as a result of an audit, the licensee shall have until March 31 following the CE period to:

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

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

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

(iii) Failure to provide the documents requested for audit within thirty (30) days of the date of the request may subject the licensee to disciplinary action.

(g) Waiver. The Board may grant a waiver for CE requirements for licensees who have petitioned and demonstrated just cause based on extenuating circumstances.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.3.04052023 § 4 Reinstatement

(a) Failure to timely renew may subject the licensee to disciplinary action for unlicensed practice.

(b) Reinstatement.

(i) Licensees that failed to timely renew may apply for reinstatement from April 2 to June 30. However, licensees shall not practice until the Board approves their request.

(ii) Licensees applying for reinstatement shall comply with the requirements in Section 3.

(iii) If an expired license is not reinstated by June 30, an applicant may seek relicensure.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.3.04052023 § 5 Relicensure

(a) Eligibility. An applicant may seek relicensure if the applicant has been licensed in Wyoming and either failed to reinstate or is seeking to return to active clinical practice.

(b) Application Requirements. Applicant shall:

(i) Submit a completed relicensure application and payment of fee;

(ii) Demonstrate competency by:

(A) Submitting verification showing completion of twenty (20) hours of CE that meets the requirements in Section 3 for every year the license has been lapsed, not to exceed five (5) years; or

(B) Submitting verification showing successful completion of parts one (1), two (2), and three (3) of the examination administered by NBEO within the last five (5) years, if not actively practicing within the last five (5) years; and

(iii) Successfully pass the jurisprudence examination.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.3.04052023 § 6 Reinstatement Subject to Discipline

(a) Eligibility. An applicant may seek reinstatement subject to discipline if that license has been revoked, surrendered, suspended, conditioned, or restricted and no longer holds a license.

(b) Application Reinstatement Requirements. The applicant shall:

(i) Submit a completed reinstatement subject to discipline application and payment of fee;

(ii) Submit evidence of complying with the requirements of a previous Board order, if applicable;

(iii) Submit evidence of applicant's ability to safely and competently practice; and

(iv) Submit evidence demonstrating just cause for reinstatement subject to discipline.

History

• Effective 2023-04-05

Chapter 4 Fees

Wyo. Code R. 056.0001.4.04052023 § 1 Authority

The Board is authorized under Wyoming Statutes 33-23-109(d), 33-23-116, and 16-3-113(j) to promulgate rules and regulations related to the establishment of fees for the standard examination, initial license and the annual renewal of licenses.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.4.04052023 § 2 General Information

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

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

(c) Fees related to public records requests shall be assessed pursuant to the Department of Administration and Information's rules concerning public records.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.4.04052023 § 3 Fees

Services for which the Board charges a fee shall include, but is not limited to, the following fee schedule.

(a) License by Examination Fee $450.00

(b) License by Endorsement Fee $800.00

(c) Jurisprudence Re-Examination Fee $250.00

(d) License Renewal Fee $310.00

(e) Reinstatement Fee $350.00

(f) Continuing Education Late Fee $300.00

(g) Relicensure Fee $500.00

(h) Reinstatement Subject to Discipline Fee $500.00

(i) Duplicate Document Fee $25.00

(j) License Verification Fee $50.00

(k) Non-Sufficient Fund Fee $30.00

History

• Effective 2023-04-05

Chapter 5 Standards of Practice

Wyo. Code R. 056.0001.5.04052023 § 1 Authority

The Board is authorized under Wyoming Statute 33-23-116 to promulgate rules and regulations related to the standards of optometry practice in Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.5.04052023 § 2 Practice of Optometry

(a) The practice of optometry occurs where the patient is located or receives services regardless of means, in person or electronic.

(b) Furnishing or providing a contact or ophthalmic lens prescription is the practice of optometry.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.5.04052023 § 3 Optometric Procedures and Training

(a) Licensees shall only use devices and treatments for which they are appropriately trained. All treatment shall be necessary and within the scope of practice defined within W.S. 33-23-101. The licensee shall demonstrate to the Board competency, training, and/or expertise should their ability to use a specific device or treatment be called into question.

(b) The following laser procedures shall be within the scope of practice of optometry:

(i) Laser Peripheral Iridotomy;

(ii) Selective Laser Trabeculoplasty; and

(iii) Yag Capsulotomy.

(c) Requirements for Laser Procedures and Treatment of the Adnexa of the Eye. Licensees who provide laser procedures in subsection (b) above or treat the adnexa of the eye shall demonstrate competency and training prior to performing these procedures.

(i) To perform laser procedures and treat the adnexa of the eye, a licensee shall:

(A) Complete one of the following education and examination requirements:

(I) Graduate from an accredited college or university of optometry where the laser procedures in subsection (b) and adnexa treatment were taught and passage of the NBEO Laser and Surgical Procedures Examination, or

(II) Complete a board-approved training course; and

(B) Satisfactorily complete a proctored session within two (2) years prior to performing laser surgical procedures. Proctoring may be performed by:

(I) An optometrist or ophthalmologist licensed to perform the procedures in subsection (b) in any jurisdiction; or

(II) An optometrist who has previously been proctored.

(ii) If a licensee has not performed a laser procedure within two (2) years, the licensee shall satisfactorily complete another proctored session.

(iii) Licensees performing the procedures in this section shall report to the Board any adverse outcomes following each procedure. These reports and corresponding patient records shall be received by the Board office within ten (10) days following the date the licensee is aware of the adverse outcome.

(iv) Licensees shall maintain documentation evidencing completion of the requirements in subsection (c)(i) above, and shall provide documentation to the Board upon request.

(d) Performing any of the procedures in subsection (b) without meeting the requirements in subsection (c) may subject the licensee to discipline for deviating from the standard of care, and subject to disciplinary action under Chapter 7, Section 2(d)(iii)(B).

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.5.04052023 § 4 Contact and Ophthalmic Lens Prescriptions

(a) Expiration of Prescriptions.

(i) Contact lens prescriptions shall expire one (1) year from the date of issuance.

(ii) Ophthalmic lens prescriptions shall expire two (2) years from the date of issuance.

(iii) A licensee may set an expiration date of earlier than one (1) or two (2) year expiration periods identified above only if that date is based on the licensee's medical judgment about the patient's eye health. In these cases, the licensee shall document the medical reason for the shorter expiration date with enough detail to allow for review by a qualified medical professional. The licensee shall also maintain these records for at least three (3) years.

(b) Providing Prescriptions. Licensees shall:

(i) Provide the contact lens prescription to the patient at the end of the contact lens fitting.

(ii) Provide or verify the contact lens prescription to anyone who is designated to act on behalf of the patient.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.5.04052023 § 5 Records Retention

(a) Licensees shall not withhold records if a patient owes an outstanding balance.

(b) Patient records shall be:

(i) Maintained for a minimum of seven (7) years from the date of the last patient clinical encounter;

(ii) Maintained in a physically secure and confidential manner; and

(iii) Accessible to the patient and treating doctor within a reasonable period.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.5.04052023 § 6 Use of Optometry Assistants

A licensee may employ an optometry assistant(s). All optometry assistants shall practice under the licensee's general supervision.

(a) General supervision means the procedures are performed under a licensee's overall direction and control. The licensee's physical presence is not required during the performance of the procedures. The training of assistants who actually perform the diagnostic procedure and maintain necessary equipment and supplies is the continuing responsibility of the licensee.

(i) Assistants shall not write orders.

(ii) The testing of patients can only be performed upon the verbal or written direction of the licensee.

(iii) The physical presence of the licensee is not required if the assistant can easily contact the licensee. Treatment plans, however, can only be directed once the licensee physically reviews test results.

(b) An assistant cannot, in any manner, practice optometry.

(c) The Board does not recognize nor bestow any level of competency upon an assistant to carry out a specific task. Such recognition of skill is the responsibility of the licensee.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.5.04052023 § 7 Externships

(a) An externship is when an optometric student is allowed to practice optometry in a clinical setting under the direct supervision of a licensee.

(b) The licensee shall comply with all necessary documentation and contracts to become an outreach facility with an optometric institution.

(i) The educational institution and the licensee bear liability for all acts and omissions of the extern.

(ii) Direct supervision means the licensee must be physically present in the office and immediately available to assist and direct throughout the performance of the procedure. It does not mean that the licensee must be present in the room when the procedure is being performed.

History

• Effective 2023-04-05

Chapter 7 Grounds for Discipline

Wyo. Code R. 056.0001.7.04052023 § 1 Authority

The Board is authorized under Wyoming Statute 33‑23‑110, ‑116, and the WAPA to promulgate rules and regulations related to the discipline of optometrists in Wyoming.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.7.04052023 § 2 Grounds for Disciplinary Action

The Board may take disciplinary action or refuse to issue or renew a license for one (1) or more of the following acts or conduct:

(a) A violation of the Act or Board Rules, including:

(i) Denial of a license to practice optometry, or any disciplinary action against a licensee, by any other state, territory, or country;

(ii) Failing to report to the Board known or suspected violations of the laws and regulations governing the practice of optometry in Wyoming;

(iii) Submitting false information to the Board;

(iv) Failing to notify the Board of a malpractice final judgment or settlement within thirty days;

(v) Aiding or abetting the practice of optometry in Wyoming by any person not licensed to practice in Wyoming;

(vi) Fraudulent billing;

(vii) Using any term other than "optometrist" or "Doctor of Optometry" to reflect licensure; or

(viii) Loaning of a license issued by the Board.

(b) A conviction involving moral turpitude, including:

(i) A felony or misdemeanor involving a patient or adversely relating to the practice of optometry. A plea of nolo contendere shall be considered a conviction;

(ii) Violating professional boundaries by soliciting, encouraging, threatening, forcing, or engaging in any sexual act or relationship with or upon a patient, regardless of consent. A consensual sexual relationship shall not be deemed moral turpitude if the optometrist-patient relationship was terminated prior to the relationship;

(iii) Sexual harassment of a patient or staff member;

(c) Habitual intemperance or being habitually addicted includes the use of any drug, narcotic, chemical, alcohol or mind altering material that renders the licensee unfit or incompetent to:

(i) Practice optometry with reasonable skill and safety to patients; or

(ii) Conform to essential standards of acceptable optometry practice, in which case actual injury need not be established.

(d) Incompetence, malpractice, or unethical conduct includes:

(i) Practicing in a manner that is not in the best interest of the public and endangers public health, safety, and welfare;

(ii) Practicing optometry:

(A) In violation of any limitations or restrictions imposed on a license, or practicing optometry while a license is suspended or has expired;

(B) With a mental or physical impairment which renders the licensee incapable of practicing optometry with reasonable skill and safety; or

(iii) Performing any procedure in the course of a patient's care, which:

(A) Is beyond the licensee's training and competence;

(B) Deviates from the customary and accepted standard of care in the profession;

(iv) Failing to:

(A) Advise a patient to seek the attention of a physician or other health care provider for an eye disease or disorder discovered during an examination which, in the opinion of the licensee, requires additional diagnosis and medical treatment. Such advice shall not be required for any previously diagnosed disease or disorder;

(B) Provide patients with accurate and complete information regarding the extent and nature of services available to them;

(C) Maintain confidentiality of all information obtained in the course of the optometrist-patient relationship, except that disclosure of confidential information is permissible with the expressed written consent of the patient, or as required by law;

(D) Maintain the confidentiality of any examination related to obtaining a license to practice optometry;

(E) Ensure that a patient's welfare is not compromised in any experimentation or research involving that patient;

(F) Obtain informed written consent from the patient for any experimentation or research;

(G) Obtain approval from any regulatory entity, in which approval is customarily or lawfully required, in order to conduct experimentation or research;

(H) Comply with any regulatory standards customarily or lawfully required for the continuation of experimentation or research;

(I) Release a spectacle lens prescription to the patient in accordance with federal law;

(J) Release a contact lens prescription to the patient in accordance with federal law without all of the following information: expiration date, wearing schedule, care regimen, and all necessary parameters essential to fabricating a contact lens;

(v) Billing patients for services provided which are not justified and are not necessary for diagnostic or therapeutic purposes;

(vi) Administering, dispensing, or prescribing any controlled substance other than in the course of legitimate professional practice as authorized by law;

(vii) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of optometry, including falsifying entries on patient records;

(viii) Representing that a non-correctable condition can be permanently corrected;

(ix) Interfering with the free choice of any patient when selecting a physician or other health care practitioner; and

(x) Incurring any judgment against the licensee for malpractice or negligence.

(e) Unprofessional and dishonest conduct includes:

(i) Advertising professional services through statements that are untruthful, improbable, misleading, or impossible;

(ii) Announcing services available in the licensee's practice that expresses or implies specialization;

(iii) Failing to display a license at all times in a conspicuous and readily accessible location to all patients at the optometrist's place of business;

(iv) Failure to comply with a term, condition or obligation of a Board order; or

(v) Failure to appropriately supervise.

History

• Effective 2023-04-05

Chapter 9 Practice and Procedures for Applications

Wyo. Code R. 056.0001.9.04052023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-23-110 and 16-3-103(j)(i).

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.9.04052023 § 2 Application Review

(a) Assigning Application Review Committee (ARC).

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

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

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

(c) The ARC may recommend that the Board:

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

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

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

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

(ii) The Notice of Intent shall contain:

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

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

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

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

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

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

(iii) Withdraw the application.

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

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

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.9.04052023 § 3 Hearing Procedure

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

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

(A) The ARC's recommendation;

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

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

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

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

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

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

(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden 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 2023-04-05

Chapter 10 Practice and Procedures for Discipline Matters

Wyo. Code R. 056.0001.10.04052023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-23-110 and 16-3-103(j)(i).

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.10.04052023 § 2 Practice and Procedures for Discipline Matters

The Board may take disciplinary action for the following:

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

(b) Licensee violating a Board order.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.10.04052023 § 3 Complaint Review and Disciplinary Investigation

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

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

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

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including revocation, suspension, restriction, condition, or reprimand.

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.10.04052023 § 4 Summary Suspension

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

(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:

(i) A copy of the complaint, if any;

(ii) A description of the grounds for the summary suspension recommendation; and

(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.

(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.

(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.

(e) Hearing Format.

(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.

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

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

(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.

(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.

(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.

(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.

(i) Post-Deprivation Hearing.

(i) A licensee may request a post-deprivation hearing within ten (10) 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 thirty (30) days of the licensee's request and notify the licensee of the date, time, and location of the hearing.

(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

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

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.10.04052023 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(a) A licensee may petition the Board, in writing, to voluntarily surrender a license in lieu of discipline.

(i) The IC shall recommend that the Board approve or deny the petition.

(ii) The Board may approve or deny the petition.

(b) If Board staff has reason to believe that a license has been issued despite an applicant not meeting licensure requirements and:

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

(ii) If Board Staff has issued the license and the Board has ratified its issuance, the matter shall be referred to an IC.

(A) The IC may petition the Board to revoke the license or impose practice restrictions according to the procedures outlined in Section 6 of this chapter and may seek summary suspension.

(B) A revocation solely for the reasons specified this subsection shall not be considered license discipline. Nothing in this subsection prohibits discipline or application denial for a licensee's conduct.

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

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.10.04052023 § 6 Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.

(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:

(i) Include a brief description of the facts or conduct that warrant the intended action;

(ii) Include a description of the nature of the discipline the IC intends to seek; and

(iii) Provide the Licensee no less than thirty (30) days to show that the licensee has complied with all lawful license requirements.

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

(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.

(e) A licensee shall respond to a Petition within twenty (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time 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 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: reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.

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

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

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

History

• Effective 2023-04-05

Wyo. Code R. 056.0001.10.04052023 § 7 Petition for Modifying Conditions or Restrictions

(a) A licensee may petition the Board to modify any conditions or restrictions on his or her license. The licensee shall submit a written petition for modification to the Board office. The petition for modification shall include evidence demonstrating:

(i) Compliance with all previously entered Board orders;

(ii) That the modification is consistent with any treatment plan or medical orders, if applicable; and

(iii) That the modification will ensure the public is adequately protected.

(b) The IC assigned the matter shall review the petition and shall recommend that the Board either grant or deny the petition within 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 2023-04-05