Wyoming · 33 · statute
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(a) A pharmacist licensed under this act may prescribe an opiate antagonist in accordance with the Emergency Administration of Medical Treatment Act. (b) The board, in cooperation with the Wyoming state board of medicine, shall adopt rules specifying the requirements a pharmacist shall meet in order to prescribe epinephrine or an opiate antagonist.
Propose a changeThis article shall be known and may be cited as the "Wyoming Drug Identification Act".
Propose a change(a) As used in this article: (i) "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer or distributor of the drug, or both; (ii) "Dangerous substance" means any drug defined under W.S. 33-24-125; (iii) "Distributor" means a person who distributes for resale a drug in solid dosage form under his own label even though he is not the actual manufacturer of the drug; (iv) "Solid dosage form" means capsules or tablets intended for oral use; (v) Repealed by Laws 2019, ch. 186, § 2.
Propose a changedistribution of dangerous substances; listing of substances with board of pharmacy; exceptions; exemptions. (a) No dangerous substance in solid dosage form shall be manufactured or distributed in this state unless it is clearly marked or imprinted with a code imprint identifying the drug and the manufacturer or distributor of the drug. (b) All manufacturers and distributors of dangerous substances in solid dosage form shall provide upon request to the Wyoming board of pharmacy a listing of all dangerous substances identifying by code imprint the manufacturer and the specific type of drug. The listing shall at all times be kept current by all manufacturers and distributors subject to this article. (c) This article shall not apply to nonnarcotic, nonprescription, prepackaged medicinal preparations contained in distinctive and original unbroken containers, when the medicinal preparations are identified by and sold under a trade name of the manufacturer or primary distributor and are sold or offered for sale to the general public, if the articles meet the requirements of state and federal food, drug and cosmetic laws. (d) The Wyoming board of pharmacy may grant exemptions from the requirements of this article upon application by any drug manufacturer or distributor showing size, physical characteristics or other unique characteristics which render the application of a code imprint to a drug subject to this article impractical or impossible. Any exemption granted by the board shall be included by the manufacturer or distributor in the listing required by subsection (b) of this section, describing the physical characteristics and type of drug to which the exemption applies.
Propose a changeAll dangerous substances in solid dosage form that are possessed, distributed, sold or offered for sale in violation of the provisions of this article are deemed contraband and shall be seized by the Wyoming board of pharmacy and summarily forfeited to the state.
Propose a changerevocation or suspension of license; letter of admonition; information required for background checks. (a) This section shall be known as the "Wyoming Pharmacy Technician Act." (b) As used in this section: (i) Repealed by Laws 2022, ch. 7, § 2. (ii) "Pharmacy functions" means those functions performed in a pharmacy department which do not require the professional judgment of a licensed pharmacist; (iii) "Pharmacy technician" means an individual other than an intern, who performs pharmacy functions under the supervision of a licensed pharmacist. (c) A pharmacy technician shall not perform pharmacy functions unless under the supervision of a licensed pharmacist. (d) A licensed pharmacist shall be jointly responsible and liable for the actions of a pharmacy technician when supervision is required. (e) A pharmacy technician shall register and pay a fee to be licensed by the board before performing any pharmacy functions. The applicant shall provide relevant information pertaining to criminal, substance abuse, professional liability and licensure or certification history. A pharmacy technician license shall be renewed annually upon payment of the required renewal fee and upon providing information required. (f) The board may issue a letter of admonition or suspend or revoke a pharmacy technician's license or the board may assess an administrative penalty against that person not to exceed one thousand dollars ($1,000.00) for each violation for any: (i) Willful violation of any provision of this chapter or the Wyoming Controlled Substances Act of 1971, or any amendments thereto; (ii) Willful violation of any rule or regulation promulgated in accordance with this chapter or the Wyoming Controlled Substances Act of 1971; (iii) Action which threatens the public health, safety or welfare; (iv) Conviction of a felony or misdemeanor that relates to the practice of pharmacy or to the ability to practice as a pharmacy technician; or (v) Knowing submission of false or misleading information to the board in the application for a license or renewal of a license. (g) The board shall promulgate reasonable rules and regulations necessary to carry out the purposes of this section including, but not limited to: (i) Qualifications, education and training required of pharmacy technicians; (ii) Functions and services which may be performed by pharmacy technicians; and (iii) Requirements for supervision by licensed pharmacists. (h) An applicant for a pharmacy technician license or a pharmacy technician-in-training permit shall provide the board with fingerprints, fees and other information necessary for a criminal history record background check as authorized by W.S. 7-19-201. The board may delay issuance of a license or permit pending the receipt of the information from the applicant's background check.
Propose a change(a) As used in this act: (i) "Physical therapy" or "physiotherapy" means the care and services provided by or under the direction and supervision of a physical therapist or physiotherapist who is licensed pursuant to this act. The practice of physical therapy includes: (A) Examining, evaluating and testing persons with mechanical, physiological or developmental impairments, functional limitations, disabilities or other health or movement related conditions to determine a physical therapy diagnosis, prognosis or plan of treatment and assessing the ongoing effects of intervention; (B) Alleviating impairments, functional limitations or disabilities by designing, implementing or modifying treatment interventions that may include but are not limited to: (I) Therapeutic exercise; (II) Functional activities in the home; (III) Community or work integration or reintegration; (IV) Manual therapy, which includes mobilization and grades I through IV manipulation of joints and soft tissue but does not include grade V manipulations without completion of advanced training requirements as determined by the board; (V) Therapeutic massage; (VI) Prescription, application or fabrication of appropriate assistive, adaptive, protective or supportive devices or equipment; (VII) Airway clearance techniques; (VIII) Integumentary protection or repair techniques; (IX) Wound care; (X) Application of physical agents or modalities; (XI) Mechanical modalities; (XII) Patient related instruction. (C) Reducing the risk of injury, impairment, functional limitation or disability, including the promotion and maintenance of fitness, health and wellness. (ii) "Physical therapist" or "physiotherapist" means a person who is licensed to practice physical therapy pursuant to this act; (iii) "Board" means the Wyoming board of physical therapy as established under the provisions of this act; (iv) "Applicant" means any individual who submits a completed application to the board for issuance of a physical therapist license or a physical therapist assistant certificate; (v) "Physical therapist assistant" means an individual who is certified pursuant to this act and who assists a licensed physical therapist in lawfully delegated components of physical therapy subject to the provisions of this act and rules and regulations of the board; (vi) "Physical therapy services" means the care and services provided by a licensed physical therapist or a certified physical therapist assistant pursuant to this act; (vii) "Consultation using telecommunication" means the provision of professional or expert opinion or advice to a physical therapist or other health care provider using telecommunication or computer technology from a distant location. It includes the review or transfer of patient records or related information using audio, video or data communications; (viii) "Jurisdiction" means the states, districts, territories or possessions of the United States; (ix) "On site supervision" means the supervising physical therapist or physical therapist assistant is continuously present in the facility where the supervised services are provided, is immediately available to the person being supervised and maintains continued involvement in each treatment session; (x) "Physical therapy aide" means a person trained under the direction of a licensed physical therapist who performs designated and supervised components of care related to physical therapy; (xi) "Physical therapy diagnosis" means a systematic examination process that culminates in assigning a diagnostic label identifying the primary dysfunction towards which physical therapy treatment will be directed, but shall not include a medical diagnosis or a diagnosis of disease; (xii) "This act" means W.S. 33-25-101 through 33-25-116.
Propose a change(a) No individual shall engage in the practice of physical therapy services nor hold himself out as being able to practice physical therapy in the state of Wyoming unless he is licensed or certified in accordance with the provisions of this act and such license or certificate is in good standing and has not been suspended or revoked, except nothing in this act shall: (i) Prohibit any individual licensed in Wyoming under any other act from engaging in the practice for which he is licensed; (ii) Prohibit students who are enrolled in educational courses of physical therapy at schools recognized by the board from performing acts of physical therapy incidental to their respective courses of study while under the direct supervision of a licensed physical therapist who is in compliance with subsection (c) of this section; (iii) Apply to any individual employed by an agency, bureau or division of the federal government while in the discharge of official duties; (iv) Repealed By Laws 2009, Ch. 165, § 2. (b) No individual or business entity shall use in connection with his name or business, the words physical therapy, physical therapist, physiotherapy, physiotherapist, registered physical therapist, licensed physical therapist, doctor of physical therapy or the letters P.T., L.P.T., R.P.T., D.P.T., M.P.T., M.S.P.T. or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied in any manner unless the person is a physical therapist licensed to practice in accordance with this act. No individual or business entity shall use the title physical therapist assistant, the letters P.T.A. or any other words, abbreviations or insignia in connection with his name to indicate or imply that the person is a physical therapist assistant unless the person is certified as a physical therapist assistant in accordance with this act. (c) A physical therapist may initiate physical therapy with or without a prescription from a licensed physician or other health care provider, except that a physical therapist shall refer a patient or client to another health care provider to diagnose or care for the patient or client if the physical therapist reasonably believes that symptoms or conditions may be present that require health care services beyond the scope of physical therapy practice, or physical therapy is contraindicated. (i) Repealed by Laws 2019, ch. 12, § 2. (ii) Repealed by Laws 2019, ch. 12, § 2. (iii) Repealed by Laws 2019, ch. 12, § 2. (d) Physical therapy aides may perform patient care activities as defined by the board under the on-site supervision of a licensed physical therapist or a certified physical therapist assistant. (e) Prior to any physical therapy service, the patient or client shall be directed to posted information and delivered a handout explaining: (i) The education level and degrees held by the treating physical therapist; (ii) That coverage may not be available through governmental or worker's compensation programs unless prescribed by a physician, physician's assistant, dentist, chiropractor, podiatrist or nurse practitioner; and (iii) That the patient's or client's insurance may not cover the service. (f) The following persons are exempt from the licensure and certification requirements of this act: (i) A person in a professional education program approved by the board who is satisfying supervised clinical education requirements related to the person's physical therapist education while under on-site supervision of a licensed physical therapist; (ii) A physical therapist who is practicing exclusively through the United States armed services, public health service or veterans administration; (iii) A physical therapist licensed to practice physical therapy in another jurisdiction while teaching, demonstrating, providing physical therapy in connection with teaching or participating in an educational seminar in Wyoming. An exemption under this paragraph shall not exceed sixty (60) days cumulatively in a calendar year; (iv) A physical therapist licensed in another jurisdiction who provides consultation using telecommunication; (v) A physical therapist licensed in another jurisdiction or credentialed in another country who provides therapy to individuals affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in the state. An exemption under this paragraph shall not exceed sixty (60) days cumulatively in a calendar year; (vi) A physical therapist licensed in another jurisdiction who enters this state to provide physical therapy during a public health emergency as declared by the governor pursuant to W.S. 35-4-115(a)(i). Any physical therapist practicing pursuant to this paragraph shall notify the board of the therapist's intent to practice and supply additional information as provided by rules of the board; (vii) A physical therapist licensed in another jurisdiction who is forced to leave his residence or place of employment due to a declared local, state or national disaster or emergency and who seeks to practice physical therapy in Wyoming. An exemption under this paragraph shall be limited to sixty (60) days following the declaration of disaster or emergency. Any physical therapist practicing pursuant to this paragraph shall notify the board of the therapist's intent to practice and supply additional information as provided by rules of the board.
Propose a change(a) There is established the Wyoming board of physical therapy which shall consist of three (3) physical therapists licensed pursuant to this act, one (1) public representative and one (1) medical doctor, appointed as follows: (i) The physical therapist members shall be appointed by the governor. All shall be residents of Wyoming, possess unrestricted licenses to practice physical therapy in this state and have been practicing in this state for not less than three (3) years before appointment; (ii) A medical doctor shall be appointed to the board by the governor. The medical doctor shall be a practicing physician who has practiced in Wyoming for a period of at least five (5) years immediately preceding the appointment; (iii) The public member shall be appointed by the governor, shall be a resident of Wyoming and shall have resided in the state for not less than three (3) years. (b) Terms of office for board members shall be for four (4) years, except that the expiring term of a member shall continue until a successor member has been appointed. Board members shall serve no more than two (2) consecutive terms. The governor may remove any member as provided in W.S. 9-1-202. (c) Members of the board shall each receive from the physical therapy account compensation at the salary rate provided in W.S. 28-5-101(d) for each day actually spent in the performance of their board duties along with per diem and mileage as provided in W.S. 33-1-302(a)(vii). Board members shall serve without compensation where there are insufficient monies in the account to pay the compensation. (d) Vacancies on the board shall be filled in a like manner as are the original appointments, to complete the unexpired term left vacant. (e) The members shall annually select a president and secretary who shall each serve a one (1) year term of office from the date of election. (f) The board shall meet at least twice annually and at such other times as the board deems necessary. Action by the board shall be by majority vote. Three (3) members constitute a quorum.
Propose a change(a) The board shall have the following powers and duties: (i) Evaluate the qualifications of applicants for licensure and certification, conduct examinations for applicants, issue license or registration certificates to those who meet the requirements established by the board; (ii) Revoke, suspend, restrict, condition, reprimand, refuse to renew or refuse to issue the license of any physical therapist or the certificate of any physical therapy assistant or applicant pursuant to W.S. 33-25-111; (iii) Maintain current records listing the name of every licensed physical therapist and certified physical therapist assistant in this state, his business and home address, the date and number of his license or certification and, if known, his area or expertise, professional interest or credentials; (A) Repealed By Laws 2009, Ch. 134, § 3. (iv) Adopt rules and regulations to implement this act; (v) Within the limitations provided in W.S. 33-25-113(a), set and from time to time revise fees as necessary to recover the expenses of administering this act; (vi) Establish procedures for assessing the continuing professional competence of physical therapists and physical therapist assistants, including continuing education requirements that ensure that licensees' knowledge and abilities reflect current practices and technology; (vii) Conduct investigations, hearings and proceedings concerning alleged violations of this act and board rules and regulations; (viii) Inspect or duplicate patient medical records which relate to any alleged acts of misconduct, documented in the form of a formal complaint filed with the board, against any license or certificate holder and as authorized by the Health Insurance Portability and Accountability Act for regulatory bodies; (ix) Report final disciplinary action taken against a license or certificate holder to the extent authorized or required by other state and federal laws.
Propose a change(a) Application for licensure as a physical therapist shall be made on forms prescribed by the board, presenting to the satisfaction of the board the following: (i) Evidence through the application or otherwise, as the board deems desirable with due regard to the paramount interests of the public, as to the honesty, truthfulness, integrity and competency of the applicant; (ii) Evidence of graduation from an accredited program of physical therapy or physical therapy assistant education as set forth in rules and regulations; (iii) A personal interview if requested by the board; (iv) If not exempted under W.S. 33-25-108, receipt of a passing score on a physical therapy examination as set forth in board rules and regulations. (b) A physical therapist applicant whose application is based on a diploma issued to him by a physical therapy school outside the United States shall: (i) Complete the application forms and pay the application fee prescribed by rules of the board; (ii) Furnish evidence satisfactory to the board of the completion of a physical therapy school resident course of professional instruction substantially equivalent to that required in paragraph (a)(ii) of this section. A professional education program accredited by the same accrediting agency approved by the board for programs within the United States shall be deemed substantially equivalent. In all other instances, "substantially equivalent" means a program that: (A) Prepares the applicant to engage in the practice of physical therapy without restriction; (B) Is recognized by the ministry of education of the country in which it is located. (iii) Undergo a credentials evaluation directed by the board which determines the applicant has met the uniform criteria for educational requirements prescribed by board rules; (iv) Complete any additional education required by the board; (v) Pass a board approved English proficiency examination if the applicant's native language is not English; (vi) If not exempted under W.S. 33-25-108, receive a passing score on an examination approved by the board and prescribed by board rules; (vii) Attend a personal interview if requested by the board. (c) An applicant for certification as a physical therapist assistant shall: (i) Complete the application process including payment of fees; (ii) Submit proof of graduation from a physical therapist assistant education program accredited by a national accreditation agency approved by the board; (iii) If not exempted under W.S. 33-25-108, receive a passing score on an examination approved by the board and prescribed by board rules; (iv) Meet with the board or a subcommittee of the board if requested.
Propose a change(a) All applicants shall be required to pass an examination prior to their being licensed or certified as provided in this article unless otherwise exempted from examination pursuant to W.S. 33-25-108. The examinations shall be approved by the board. (b) Repealed By Laws 2009, Ch. 134, § 3. (c) Repealed By Laws 2009, Ch. 134, § 3. (d) Repealed By Laws 2009, Ch. 134, § 3. (e) The physical therapist examination shall be a national examination which tests entry level competence related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention and consultation. (f) The physical therapy assistant examination shall test for requisite knowledge and skills in the technical application of physical therapy. (g) If the board determines that an applicant has engaged in or attempted to engage in conduct that subverts or undermines the integrity of the examination process, the board may disqualify the applicant from taking or retaking the examination for a specified period of time.
Propose a change(a) The board shall issue a license or certificate to each applicant who meets the requirements for licensure or certification without examination or who passes the examination and meets the standards established herein for licensure or certification. (b) Each individual licensed as a physical therapist in this state is authorized to use the letters "P.T." after his name, and may represent himself to the public as a licensed physical therapist. (c) Each individual certified as a physical therapist assistant shall be entitled to use the letters "P.T.A." after his name, and may represent himself to the public as a certified physical therapist assistant.
Propose a change(a) The board shall license as a physical therapist or certify as a physical therapist assistant without examination an applicant who: (i) Submits a complete application for licensure or certification by endorsement including payment of all applicable fees; (ii) Provides verification that the applicant is licensed or registered without restriction as a physical therapist or licensed, registered or certified without restriction as a physical therapist assistant by another jurisdiction; (iii) Demonstrates that the requirements for license, registration or certification in the other jurisdiction were, at the date of licensure or registration, substantially equal to the requirements for licensing or certification in this act; (iv) Has not had any professional discipline and is not subject to any investigation or pending disciplinary action in any other jurisdiction; (v) Meets with the board or a subcommittee of the board if requested.
Propose a changeRepealed By Laws 2009, Ch. 134, § 3.
Propose a change(a) All permanent licenses and certificates issued pursuant to this act shall expire on October 1 of the year next succeeding their issuance. (b) A license or certificate may be renewed by submitting a timely, sufficient and complete application, payment of the required fee and verification of continuing competence. (c) A license or certificate which has expired may be reissued upon submission by the applicant of a completed application, payment of fees, demonstration that the applicant meets all current requirements for licensure or certification under this act and verification of continuing competence.
Propose a change(a) The board may revoke, suspend, restrict, condition, reprimand, refuse to issue or refuse to renew the license or certification of any individual who: (i) Practices physical therapy or acts as a physical therapist assistant in violation of the provisions of this act; (ii) Has practiced or attempts to practice fraud or deceit in: (A) Procuring or attempting to procure a license or certificate; (B) Filing or reporting any health care information, including but not limited to client documentation, agency records or other essential health documents; (C) Signing any report or record as a physical therapist or physical therapist assistant; (D) Representing authority to practice physical therapy; (E) Submitting any information or record to the board. (iii) Commits negligence or incompetence in the practice of physical therapy or engages in any act inconsistent with uniform and reasonable standards of physical therapy practice as defined by board rules and regulations, whether with or without injury to a patient; (iv) Has been convicted of a felony or a misdemeanor that relates adversely to the practice of physical therapy or the ability to practice physical therapy, in the courts of this state, another jurisdiction or another country. As used in this paragraph, conviction includes a finding or verdict of guilt, an admission of guilt, a plea of nolo contendere or a plea agreement where the defendant has pled guilty yet not admitted to all the facts that comprise the crime; (v) Unlawfully uses or possesses controlled substances, or excessively indulges in the use of alcoholic beverages; (vi) Has treated or has undertaken to treat human ailments otherwise than by physical therapy as defined in this act; (vii) Has had his license to practice physical therapy or certification to act as a physical therapist assistant refused, revoked or suspended or has had other disciplinary action taken in another jurisdiction or country; (viii) Has negligently failed to refer a patient whose condition is beyond the training or ability of the physical therapist to another professional qualified to diagnose or care for the condition; (ix) Has engaged in any conduct or practice contrary to recognized standards of ethics of the physical therapy profession where the conduct or practice might constitute a danger to the health, safety or welfare of the patient or the public; (x) Engages directly or indirectly in the division, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration as an unearned commission, discount or gratuity with any person who has referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity comprised of or including physical therapists from making any division of their total fees among themselves as they determine by contract necessary; (xi) Has been judged mentally incompetent by a court of competent jurisdiction; (xii) Fails to refer a patient or client or post information as required by W.S. 33-25-102(c) and (e); (xiii) Has knowingly engaged in an act which the license or certificate holder knew was beyond the scope of the individual’s license or certificate or performed acts without sufficient education, knowledge or ability to competently apply physical therapy principles and skills; (xiv) Is unfit or incompetent to practice physical therapy by reason of negligence, habits or other causes including but not limited to inability to exercise reasonable skill and care for patients by reasons of physical disability, mental disability or the use of drugs, narcotics, alcohol, chemicals or other substance that affects mental faculties; (xv) Knowingly fails to report to the board any violation of this act or rules and regulations of the board; (xvi) Violates any provisions of this act, rules and regulations of the board or lawfully issued disciplinary order of the board; (xvii) Has engaged or attempted to engage in conduct that subverts or undermines the integrity of the examination or the examination process including but not limited to utilizing recalled or memorized examination questions, failing to comply with all test center security procedures, communicating with other examinees during the examination or copying or sharing examination questions or portions of questions; (xviii) Has failed to maintain adequate patient records that include identification of the patient, evaluation of objective findings, a diagnosis, a plan of care, a treatment record and a discharge plan; (xix) Has failed to properly supervise physical therapist assistants or physical therapy aides; (xx) Repealed by Laws 2018, ch. 80, § 3. (xxi) Has interfered with an investigation or disciplinary proceeding by: (A) Failing to provide the board with requested information or documents, including patient medical records; (B) Misrepresentation of material facts; (C) Threatening, harassing or intimidating any patient, witness or board member during the course of an investigation. (xxii) Has failed to maintain patient confidentiality, including confidentiality of records relating to consultation by telecommunication, without documented patient authorization or as otherwise required by law. (b) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
Propose a change(a) All disciplinary actions, denials of applications and hearings shall be conducted in accordance with the provisions of the Wyoming Administrative Procedure Act. (b) Except as provided by W.S. 33-25-111(b), all board decisions concerning revocation or suspension of a license or registration shall require an affirmative vote of three (3) board members. (c) In any appeal procedure the board shall be represented by an attorney from the staff of the attorney general.
Propose a change(a) The board, pursuant to W.S. 33-1-201, shall establish fees for examination, licensure or certification, licensure or certification by endorsement, renewal and reissuance. (b) All money shall be received and collected as provided by law. The state treasurer shall credit the money to a separate account which is subject at all times to the warrant of the state auditor, drawn upon written requisition of the president, and attested by the secretary of the board of physical therapy, with seal attached, for the payment of any expenses made by the board. (c) Repealed by Laws 1985, ch. 216, § 3.
Propose a changeEach violation of any provision of this act is a misdemeanor and is punishable by fine of not more than seven hundred fifty dollars ($750.00) or by imprisonment for not more than six (6) months, or both.
Propose a change(a) Members, agents and employees of the board and any person reporting information to the board under oath shall be immune from personal liability with respect to acts done and actions taken in good faith without fraud or malice. (b) The immunity provided by this section shall extend to the members of any professional review committee, investigators and witnesses appearing before the board. (c) The state shall defend and hold harmless any member of the board from any action at law resulting from any action taken in good faith in the course of his official duties.
Propose a change(a) The board may petition in its own name for an injunction to an appropriate court to enjoin: (i) Any person violating W.S. 33-25-102(a), unless specifically exempt from licensure or certification pursuant to W.S. 33-25-102(f); (ii) Any license or certificate holder who is in violation of this act from practicing physical therapy; (iii) Any person, firm, corporation, institution, association, business or other entity from employing any individual to practice physical therapy who is not licensed or certified as required by this act.
Propose a changeThis chapter is known and may be cited as the "Medical Practice Act".
Propose a change(a) As used in this chapter: (i) Repealed by Laws 1991, ch. 143, § 2. (ii) "A.O.A." means the American Osteopathic Association; (iii) "Board" means the Wyoming state board of medicine; (iv) "Errant conduct" means conduct by a licensee which may constitute grounds for discipline as set forth in this act; (v) "Repealed by Laws 1991, ch. 143, § 2. (vi) "Health care entity" means any hospital, clinic, training program, professional society or committee of physicians or other licensed health care practitioners that follows a peer review process for the purpose of furthering quality health care; (vii) "Impaired" means a person who is unable to practice medicine with reasonable skill and safety to patients by reason of one (1) or more of the following: (A) Medical incompetence; (B) Mental illness; (C) Physical illness, including but not limited to deterioration through the aging process or loss of motor skill; (D) Chemical or alcohol impairment, addiction, dependence or abuse. (viii) "Lapsed" means the status of a license when the licensee fails to renew the license by July 1 of any year or when the holder of a temporary license fails to appear for an interview at the next board meeting following the date of issuance or fails to submit a written request for extension of a temporary license or when a written request for extension is not approved by the board; (ix) "License" means a license to practice medicine in this state issued by the board pursuant to this chapter; (x) "Licensee" means any person licensed by the board under this chapter; (xi) "Practicing medicine" means any person who in any manner: (A) Advertises, holds out, or represents to the public that he is authorized to practice medicine in this state; or (B) Offers or undertakes to prevent, diagnose, correct or treat, in any manner, by any means, method or device, any human disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition, injury, deformity or ailment, including the management of pregnancy and parturition; or (C) Attaches the title of M.D., D.O., P.A., physician, surgeon, osteopathic physician or osteopathic surgeon, doctor, physician assistant or any other words, letters or abbreviations or any combination thereof when used in the conduct of any occupation or profession pertaining to the prevention, diagnosis or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this state; or (D) Practices osteopathy; or (E) Offers or undertakes to prescribe, order, give or administer drugs which can only be obtained by prescription according to law; or (F) Renders a determination of medical necessity or appropriateness of proposed treatment. (xii) "Reactivation" after a license has lapsed means the completion of all requirements set forth in W.S. 33-26-305(c); (xiii) Repealed by Laws 2018, ch. 80, § 3. (xiv) "USMLE" means the United States medical licensing examination; (xv) "L.C.M.E." means the liaison committee on medical education; (xvi) "A.C.G.M.E." means accreditation council for graduate medical education; (xvii) "Fifth pathway" means an academic year of supervised clinical education provided by an L.C.M.E. accredited medical school to students who have: (A) Repealed By Laws 2003, Ch. 190, § 3. (B) Studied at a medical school outside of the United States, Puerto Rico or Canada; (C) Completed all of the formal requirements of the foreign medical school, except internship or social service; (D) Attained a score satisfactory to the sponsoring medical school on a screening examination; and (E) Passed the foreign medical graduate examination in the medical sciences, parts I and II of the examination of the national board of medical examiners, or steps 1 and 2 of the USMLE. (xviii) "FLEX examination" means the federation of state medical boards licensing examination; (xix) "R.C.P.S.C." means the royal college of physicians and surgeons of Canada; (xx) "Physician-patient relationship" means a relationship between a licensee and any person formed for the purpose of the licensee providing medical diagnosis or treatment to the person, whether or not for compensation; (xxi) "This act" means the Medical Practice Act; (xxii) "Board counsel" means an attorney designated by the board to provide legal counsel to the board and its staff in the conduct of the board's business; (xxiii) "Board prosecutor" means an attorney designated by the board to prosecute, and to provide legal counsel to interviewers and petitioners in, disciplinary cases pending before the board pursuant to this act and the Wyoming Administrative Procedure Act; (xxiv) "COMLEX" means the comprehensive osteopathic medical licensing examination, administered by the national board of osteopathic medical examiners; (xxv) "Condition" means a specific requirement or prohibition imposed by any medical licensing board of any jurisdiction, or by any health care facility on an applicant's or licensee's clinical privileges at that facility, that shall be fulfilled by an applicant or licensee in order to obtain or continue to hold a license in that jurisdiction, or clinical privileges at that facility; (xxvi) "E.C.F.M.G." means the educational commission for foreign medical graduates; (xxvii) "Restriction" means a limitation placed by any medical licensing board of any jurisdiction on an applicant's or licensee's scope of practice in that jurisdiction, or by any health care facility on an applicant's or licensee's clinical privileges at that facility; (xxviii) "SPEX examination" means the federation of state medical boards special purpose post-licensure competency examination; (xxix) "Telemedicine" means the practice of medicine by electronic communication or other means from a physician in a location to a patient in another location, with or without an intervening health care provider.
Propose a change(a) This chapter does not apply to: (i) Persons rendering medical assistance without compensation at the scene of an emergency; (ii) Medical students trained in an L.C.M.E. or A.O.A. accredited or board approved school of medicine serving as clinical clerks, residents or interns under the supervision of a physician licensed in this state; (iii) Commissioned medical officers of the United States armed services and medical officers of the United States public health service or the United States department of veterans affairs in the discharge of their official duties or within federally controlled facilities or enclaves, provided that the persons who are licensees of the board shall be subject to the provisions of this act and further provided that all such persons shall be the holder of a full and unrestricted license to practice medicine in one (1) or more jurisdictions of the United States; (iv) Any individual residing in and licensed in good standing to practice medicine in another state or country brought into this state for consultation by a physician licensed to practice medicine in this state, provided the physician licensed in this state notifies the board of the consultation in compliance with regulations adopted by the board; (v) Any individual licensed to practice medicine in another state who comes to this state to remove human organs from brain-dead persons; (vi) The treatment of disease, injury, deformity or ailments by prayer or spiritual means provided that federal and state health and sanitation laws, rules and regulations are not violated; (vii) The gratuitous domestic administration of family remedies; (viii) Health care providers licensed under any other chapter of this title engaged in the practice of the profession for which he is licensed; (ix) Repealed By Laws 2003, Ch. 190, § 3. (x) Any person who does not represent himself to be a licensed health care professional who offers health care advice or nonprescription medicine to another person in a social or educational situation in any manner otherwise lawful.
Propose a changeappointment; terms; qualifications; removal; vacancies; quorum. (a) The Wyoming state board of medicine shall consist of five (5) physicians licensed to practice medicine in Wyoming, not less than one (1) of whom shall possess the degree of doctor of osteopathy and not less than two (2) of whom shall possess the degree of doctor of medicine, one (1) physician assistant and two (2) lay members, appointed by the governor by and with the consent of the senate as required by W.S. 28-12-101 through 28-12-103. Board members appointed by the governor shall serve at the pleasure of the governor. The board members shall annually elect a president, a vice-president, and a secretary. (b) Board members shall serve four (4) year terms. No board member shall serve more than three (3) consecutive terms. (c) Physician and physician assistant members shall reside in, hold a full and unrestricted license and actively practice in this state. Lay members shall reside in this state. (d) The governor shall appoint a new board member if a vacancy occurs. A person appointed to fill a vacancy shall serve for the unexpired portion of the vacated term. A vacancy occurs if a member: (i) Is absent from three (3) consecutive meetings; (ii) No longer holds a full and unrestricted license to practice in this state or no longer engages in active practice in this state; (iii) Resigns; or (iv) Is removed by the governor. (e) A quorum of the board consists of five (5) board members, including a lay member, unless otherwise specified in subsection (f) of this section. (f) If the board president determines that due to conflicts of interest or other circumstances it may not be possible to seat a quorum of board members to hear a disciplinary case brought pursuant to this act, the president may submit a written request to the governor for the appointment of one (1) or more acting board members to hear the disciplinary case in question. Upon receipt of the request, the governor shall appoint the requested number of temporary board members for the sole purpose of hearing the disciplinary case in question. Only persons who previously served as members of the board shall be eligible for temporary appointment to hear disciplinary cases before the board. Appointments made under this subsection shall not require the consent of the senate pursuant to W.S. 28-12-101 through 28-12-103. Persons appointed pursuant to this subsection shall be compensated and have their expenses reimbursed in the same manner as regular board members under W.S. 33-26-203(c). The appointment of a person under this subsection shall automatically terminate upon the entering of a final order in the disciplinary case for which he was appointed.
Propose a change(a) The board shall pass upon the qualifications and determine the fitness of all persons desiring to practice medicine in this state. (b) The board is empowered and directed to: (i) Grant, refuse to grant, suspend, restrict, revoke, reinstate or renew licenses to practice medicine; (ii) Investigate allegations and take disciplinary action on the following grounds: (A) A licensee is impaired or has engaged in errant conduct; (B) A person has violated an applicable provision of this chapter or the board's regulations. (iii) Conduct informal interviews and contested case proceedings; (iv) Adopt a seal; (v) Adopt, amend, repeal, enforce and promulgate reasonable rules and regulations necessary to implement the provisions of this chapter; (vi) Develop standards governing the delegation of a licensee's medical responsibilities to nonphysicians; (vii) Publish annually and submit to the governor a report which includes the following information: (A) A summary of the kind and number of action taken by the board including dates, types and origin of oral or written complaints received and case summaries of physicians whose licenses have been suspended or revoked and any other disciplinary actions; (B) Board fiscal transactions for the preceding year, the amount of its accumulated cash and securities and a balance sheet showing its financial condition by means of an actuarial valuation of board assets and liabilities. (viii) Publicize information regarding the filing of complaints; (ix) Comply with all applicable federal law; (x) Verify the status of licenses and privileges held by licensees and applicants for licensure with the federation of state medical boards, medical licensing boards in other jurisdictions and federal data banks, and to provide verification of the status of licenses held in this state by licensees to the entities specified in this paragraph; (xi) Annually review any licensee whose license is restricted or is issued subject to any condition; (xii) Participate in and contract with a program or programs to assist in the return to practice of licensees who have exhibited disruptive behaviors, substance dependence or abuse or are suffering from physical or mental impairment; (xiii) Take all reasonable action, including the promulgation of rules and regulations, necessary to enforce this chapter; (xiv) Adopt, amend, repeal, enforce and promulgate reasonable rules and regulations necessary to implement and administer continuing medical education requirements of its licensees. The board shall require licensees who are registered with the board of pharmacy to dispense a controlled substance in this state to complete one (1) hour of continuing education related to the responsible prescribing of controlled substances or the treatment of substance abuse disorders every two (2) years. (xv) Publish nonbinding advisory opinions or other guidance on the application and interpretation of this act and the rules and regulations promulgated pursuant to this act; (xvi) Request criminal history background information for purposes of licensure and discipline, as authorized under W.S. 7-19-106(a); (xvii) Use, retain or employ investigators, the offices of the attorney general, the state division of criminal investigation, any other investigatory or fact finding agency and medical specialty consultants, as necessary, to investigate and evaluate complaints against licensees and possible violations of this act and the board's rules; (xviii) Adopt rules and regulations for the practice of medicine in Wyoming by physicians and physician assistants not otherwise licensed in Wyoming in the event of a public health emergency or pandemic; (xix) Adopt rules and regulations for the practice of telemedicine; (xx) Operate and publish a public registry of qualified physicians registered to perform stem cell therapy pursuant to the Stem Cell Freedom Act.
Propose a change(a) The board may employ or contract with an executive director, board counsel, board prosecutor and other necessary staff. The executive director shall not be a board member. (b) The executive director's compensation and terms of employment shall, and board counsel's and the board prosecutor's compensation may, be set by the board. The compensation of other staff shall be set by the human resources division of the department of administration and information. (c) Board members shall receive salary in the same manner and amount as members of the Wyoming legislature and shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii), incurred in the performance of their official duties. Any incidental expenses necessarily incurred by the board or any member, if approved by the board, shall be paid from the account from fees collected pursuant to this chapter.
Propose a change(a) No person shall practice medicine in this state without a license granted by the board, or as otherwise provided by law. (b) Upon appropriate application, fulfillment of eligibility criteria and successful completion of all other requirements, the board may grant: (i) A license to practice medicine, subject to annual renewal; (ii) A temporary license to practice medicine pursuant to W.S. 33-26-304(a); (iii) A restricted or conditional license; (iv) An inactive license, provided the qualifications for and the conditions of this license shall be established by rule; (v) A medical training license pursuant to W.S. 33-26-304(c); (vi) An emeritus license, allowing retired physicians to provide health care without remuneration, provided the qualifications for and the conditions of this license shall be established by rule; (vii) A volunteer license, allowing physicians not otherwise licensed in Wyoming to practice medicine in the state without remuneration, provided the qualifications for and conditions of this license shall be established by rule; (viii) An administrative medicine license for physicians not providing patient care, provided the qualifications for and the conditions of this license shall be established by rule.
Propose a change(a) The board shall adopt regulations for the qualification for and administration of the USMLE. (b) Repealed By Laws 2003, Ch. 190, § 3. (c) Repealed By Laws 2003, Ch. 190, § 3. (d) Repealed By Laws 2003, Ch. 190, § 3. (e) Repealed By Laws 2003, Ch. 190, § 3. (f) Repealed By Laws 2003, Ch. 190, § 3.
Propose a change(a) The board may grant a license to practice medicine in this state as provided in the Interstate Medical Licensure Compact or, under this article, to any applicant who demonstrates, to the board, that he: (i) Repealed By Laws 2003, Ch. 190, § 3. (ii) Has graduated from a school of medicine accredited by the L.C.M.E., a school of osteopathy accredited by the A.O.A., a Canadian accredited school of medicine or has been certified by the E.C.F.M.G.; (iii) Repealed By Laws 2003, Ch. 190, § 3. (iv) Has provided written evidence that he has completed at least one (1) year of postgraduate training in an A.C.G.M.E, A.O.A. or R.C.P.S.C. accredited program; (v) Has presented other credentials and qualifications equivalent to or exceeding the criteria in paragraph (iv) of this subsection as may be considered by the board to demonstrate competency to practice medicine in this state; (vi) Has successfully completed all three (3) parts of the USMLE, national boards, the FLEX, a board approved, state constructed licensing examination, the examination by the licentiate of the medical council of Canada or the COMLEX, provided the conditions and requirements for completion of all parts of the examinations shall be established by board rule; (vii) Has completed an application form provided or approved by the board; (viii) Has paid the appropriate fees pursuant to W.S. 33-26-307; (ix) Has completed to the satisfaction of a majority of board members, if required pursuant to board rule, a personal interview consisting of inquiry and oral response to medical knowledge, personal and professional history and intentions for practicing medicine in this state; and (x) Repealed By Laws 2009, Ch. 201, § 2. (xi) Meets any additional requirements that the board may impose by regulation which are necessary to implement this act. (b) A person who has pled guilty to or has been convicted of a felony or any crime that is a felony under Wyoming law in any state or federal court or in any court of similar jurisdiction in another country may apply for licensure provided, the board may deny licensure based upon the plea or conviction alone. (c) A person whose medical license has been revoked, suspended, restricted, had conditions placed on it or been voluntarily or involuntarily relinquished or surrendered, by or to another state medical or licensing board, or has a disciplinary action pending before another state medical or licensing board, may apply for licensure provided, however, the board may deny licensure based upon the revocation, suspension, restrictions, conditions, relinquishment, surrender of licensure or pending disciplinary action alone. (d) A person whose clinical privileges at a health care facility have been revoked, suspended, restricted, had conditions placed upon them or been voluntarily or involuntarily resigned, or against whom a clinical privilege action is pending at a health care facility, may apply for licensure provided, however, the board may deny licensure based upon the revocation, suspension, restrictions, conditions, resignation of privileges or pending clinical privilege action alone.
Propose a change(a) The board may issue a temporary license for a term that expires at 8:00 a.m. on the first day of the next regularly scheduled board meeting to a person who: (i) Completes an application as approved by the board for temporary licensure; (ii) Meets all licensing requirements of W.S. 33-26-303 except that the board may defer the interview required by W.S. 33-26-303(a)(ix) at its discretion until no later than the next board meeting; (iii) Pays a temporary license fee in an amount set by the board. (b) The board, in its discretion may extend a temporary license for an additional term no longer than 8:00 a.m. on the first day of the second regularly scheduled board meeting following the date of the initial issuance of a temporary license. (c) The board may issue a medical training license for a term that expires at 12:01 a.m. July 1 of each year to a person who: (i) Has signed a contract with an A.C.G.M.E. accredited residency program located in this state; (ii) Has graduated from a school of medicine accredited by the L.C.M.E., a school of osteopathy accredited by the A.O.A. or a Canadian accredited school of medicine, or has been certified by the E.C.F.M.G.; (iii) Has successfully completed steps one (1) and two (2) of the USMLE or the COMLEX; (iv) Is under the supervision of residency faculty; (v) Has completed an application form provided by the board; (vi) Has paid the appropriate fees pursuant to W.S. 33-26-307; and (vii) Repealed By Laws 2009, Ch. 201, § 2. (viii) Meets any additional requirements that the board may impose by regulation which are necessary to implement this act. (d) A person who has pled guilty to or has been convicted of a felony or any crime that is a felony under Wyoming law in any state or federal court or in any court of similar jurisdiction in another country may apply for licensure, provided the board may deny licensure based upon the plea or conviction alone. (e) A person whose medical license has been revoked, suspended, restricted, had conditions placed on it or been voluntarily or involuntarily relinquished or surrendered, by or to another state medical or licensing board, or has a disciplinary action pending before another state medical or licensing board, may apply for licensure provided, however, the board may deny licensure based upon the revocation, suspension, restrictions, conditions, relinquishment, surrender of licensure or pending disciplinary action alone. (f) A person whose clinical privileges at a health care facility have been revoked, suspended, restricted, had conditions placed upon them or been voluntarily or involuntarily resigned, or against whom a clinical privilege action is pending at a health care facility, may apply for licensure provided, however, the board may deny licensure based upon the revocation, suspension, restrictions, conditions, resignation of privileges or pending clinical privilege action alone.
Propose a changelapsed and inactive licenses; restoration of emeritus licenses to active status; duplicates. (a) All licenses other than temporary licenses and medical training licenses shall lapse annually on a date or dates to be established by rules adopted by the board. A licensee may renew his license each year by submitting a renewal application containing information required by the board, accompanied by proof of compliance with and fulfillment of continuing medical education requirements of the board in the manner set forth in the board’s continuing medical education rules and regulations and a renewal fee to the board in an amount set by the board pursuant to W.S. 33-26-307. The licensee additionally shall report any disciplinary action pending or taken by a state examining board, a health care entity or the grievance committee of a medical society during the preceding year. (b) Repealed By Laws 2003, Ch. 190, § 3. (c) The board may reactivate a lapsed or inactive license if the applicant meets the requirements established by the rules and regulations promulgated by the board. (d) A licensee shall apply to the board for a duplicate license if his license is stolen, lost or destroyed. Upon proof of proper identification, the required fee and submission of other information as the board may require, the board shall issue a duplicate license bearing on its face the word "DUPLICATE". (e) The board may restore an emeritus license to active status if the applicant meets the requirements established by the rules and regulations promulgated by the board.
Propose a changeRepealed by Laws 1995, ch. 129, § 2.
Propose a change(a) The board shall set by regulation appropriate license application, renewal and reactivation fees, examination fees and fees for information verification or document production and other services of the board to be charged under this chapter. (i) Repealed By Laws 2003, Ch. 190, § 3. (ii) Repealed By Laws 2003, Ch. 190, § 3. (iii) Repealed By Laws 2003, Ch. 190, § 3. (iv) Repealed By Laws 2003, Ch. 190, § 3. (v) Repealed By Laws 2003, Ch. 190, § 3. (vi) Repealed By Laws 2003, Ch. 190, § 3. (vii) Repealed By Laws 2003, Ch. 190, § 3. (b) All money received or collected under this chapter shall be paid to the state treasurer for deposit in a separate account. The money in the account is subject at all times to the warrant of the state auditor drawn upon written requisition attested by the executive director of the board for the payment of any board expenses.
Propose a change(a) The board shall investigate, upon a written and signed complaint or by its own motion, any information that if proven would fall within the jurisdiction of the board and would constitute a violation of this act. (b) Before holding a contested case hearing, the board shall conduct an informal interview with the licensee unless the licensee waives an interview. (c) Notwithstanding any other provision of law the board may require, by administrative subpoena, the testimony of licensees and witnesses and the production of evidence relating to any matter under investigation. (d) All evidence admitted into the record of any contested case hearing held before the board shall be subject to the confidentiality provisions set forth in W.S. 33-26-408 unless waived by the licensee. (e) The board retains jurisdiction over only those licensees to whom temporary or full licenses were granted and who are subject to ongoing investigation by the board, regardless of whether the license expired, lapsed or was relinquished during or after the alleged occurrence of conduct proscribed by W.S. 33-26-402 by the licensee.
Propose a changerestriction; imposition of conditions; refusal to renew or other disciplinary action. (a) The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds: (i) Renewing, obtaining or attempting to obtain or renew a license by bribery, fraud or misrepresentation; (ii) Impersonating another licensee or practicing medicine under a false or assumed name; (iii) Making false or misleading statements regarding the licensee's skill or the efficacy or value of his treatment or remedy for a human disease, injury, deformity, ailment, pregnancy or delivery of infants; (iv) Permitting or allowing any person to use his diploma, license or certificate of registration; (v) Advertising the practice of medicine in a misleading, false or deceptive manner; (vi) Obtaining any fee or claim for payment of a fee by fraud or misrepresentation; (vii) Repealed by Laws 2018, ch. 80, § 3. (viii) Conviction of or pleading guilty or nolo contendere to a felony or any crime that is a felony under Wyoming law in any jurisdiction; (ix) Aiding or abetting the practice of medicine by a person not licensed by the board; (x) Violating or attempting to violate or assist in the violation of any provision of this chapter or any other applicable provision of law; (xi) Except as permitted by law, repeatedly prescribing or administering, selling or supplying any drug legally classified as a narcotic, addicting or scheduled drug to a known abuser; (xii) Repeatedly prescribing, selling, supplying or administering any drug legally classified as a narcotic, addicting or scheduled drug to a parent, spouse or child of the applicant or licensee, or to himself; (xiii) Presigning blank prescription forms; (xiv) Failing or refusing to properly guard against the spread of contagious, infectious or communicable diseases; (xv) Failure to appropriately supervise nonphysicians to whom the licensee has delegated medical responsibilities; (xvi) Delegating responsibilities to a person who is not qualified by training, experience or licensure; (xvii) Delegating medical responsibilities to a person who is unable to safely, skillfully and competently provide medical care to patients or that are beyond the scope of the specialty areas in which the licensee and the person are trained and experienced; (xviii) Willful and consistent utilization of medical service or treatment which is inappropriate or unnecessary; (xix) A manifest incapacity to practice medicine with reasonable skill and safety to patients; (xx) Possession of any physical or mental disability including deterioration due to aging which renders the practice of medicine unsafe; (xxi) Use of a drug or intoxicant to such a degree as to render the licensee unable to practice medicine or surgery with reasonable skill and safety to patients; (xxii) Practicing medicine below the applicable standard of care, regardless of causation or damage; (xxiii) Failure to submit to an informal interview or a mental, physical or medical competency examination following a proper request by the board pursuant to W.S. 33-26-403; (xxiv) Failure to report a personal injury claim as required by W.S. 33-26-409; (xxv) Suspension, probation, imposition of conditions or restrictions, relinquishment, surrender or revocation of a license to practice medicine in another jurisdiction; (xxvi) Any action by a health care entity that: (A) Adversely affects clinical privileges for a period of thirty (30) or more consecutive days; (B) Results in the surrender of clinical privileges to the health care entity while the licensee is under investigation by the health care entity for possible professional incompetence or improper professional conduct; or (C) Results in the surrender of clinical privileges in return for the health care entity not conducting an investigation for possible professional incompetence or improper professional conduct. (xxvii) Unprofessional or dishonorable conduct not otherwise specified in this subsection, including but not limited to: (A) Repealed By Laws 2003, Ch. 190, § 3. (B) Failure to conform to the applicable standard of care; (C) Willful or careless disregard for the health, welfare or safety of a patient; (D) Engaging in any conduct or practice that is harmful or dangerous to the health of a patient or the public; (E) Engaging in conduct intended to or likely to deceive, defraud or harm the public; (F) Using any false, fraudulent or deceptive statement in any document connected with the practice of medicine including the intentional falsification or fraudulent alteration of a patient or health care facility record; (G) Failing to prepare and maintain legible and complete written medical records that accurately describe the medical services rendered to the patient, including the patient's history, pertinent findings, examination, results, test results and all treatment provided; (H) Practicing outside of the scope of the licensee's expertise and training; (J) Repeatedly engaging in harassing, disruptive or abusive behavior directed at staff, co-workers, a patient or a patient's relative or guardian or that interferes with the provision of patient care; (K) Engaging in conduct that relates adversely to the practice of medicine or to the ability to practice medicine, including but not limited to conviction of or pleading guilty or nolo contendere to domestic abuse, stalking, sexual assault, sexual abuse or unlawful exploitation of a minor, indecent exposure, incest or distribution of pornography; (M) Failing or neglecting to attempt to inform a patient within a reasonable time of the results of a laboratory test indicating the need for further clinical review; (N) Improperly terminating a physician-patient relationship; (O) Representing that a manifestly incurable disease or condition can be permanently cured or that any disease or condition can be cured by a secret method, procedure, treatment, medicine or device if the representation is untrue; (P) Intentionally or negligently releasing or disclosing confidential patient information. This restriction shall not apply to disclosures permitted or required by state or federal law or when disclosure is necessary to prevent imminent risk of harm to the patient or others; (Q) Failing or refusing to transfer a copy of patient records to the patient or the patient's legally designated representative within thirty (30) days after receipt of a written request; (R) Utilization of experimental forms of therapy without proper informed consent from the patient, without conforming to generally-accepted criteria or standard protocols, without keeping detailed, legible records or without having periodic analysis of the study and results reviewed by a committee of peers; (S) Except in emergency situations where the consent of the patient or the patient's legally designated representative cannot be reasonably obtained, assisting in the care or treatment of a patient without the consent of the patient, the attending physician or the patient's legal representative; (T) Using or engaging in fraud or deceit to obtain third party reimbursement. (xxviii) Upon proper request by the board, failure or refusal to produce documents or other information relevant to any investigation conducted by the board, whether the complaint is filed against the licensee or any other licensee; (xxix) Repealed By Laws 2003, Ch. 190, § 3. (xxx) Repealed By Laws 2003, Ch. 190, § 3. (xxxi) Violation of any board rule or regulation; (xxxii) Acquiring or attempting or conspiring to acquire any drug classified as a narcotic, addicting or scheduled drug by fraud or deception; (xxxiii) Initially prescribing any controlled substance specified in W.S. 35-7-1016 through 35-7-1022 for any person through the Internet, the World Wide Web or a similar proprietary or common carrier electronic system absent a documented physician-patient relationship; (xxxiv) Violating any final order, consent decree or stipulation between the board and the licensee; (xxxv) Any behavior by a licensee toward a patient, former patient, another licensee, an employee of a health care facility, an employee of the licensee or a relative or guardian of a patient that exploits the position of trust, knowledge, emotions or influence of the licensee; (xxxvi) Violating W.S. 35-4-1001. (b) Upon a finding of ineligibility for licensure or refusal to grant a license under subsection (a) of this section, the board shall file its written order and findings. (c) The board shall revoke the license of any physician if the physician is convicted of violating any provision of W.S. 35-6-401 through 35-6-404.
Propose a change(a) The board may order a licensee to undergo one (1) or more mental, physical or medical competency examinations by examiners deemed appropriate by the board if it has reasonable cause to believe that the licensee may be impaired. If a disciplinary proceeding is pending against the licensee at the time of the order, the proceeding shall be stayed until the results of the examination have been finalized and submitted to the board. (b) Every licensee is deemed to have consented to and shall submit to a board ordered mental, physical, or medical competency examination and to have waived all objections to the production of the report of the examination to the board and the admissibility of the report of the examination in any board proceedings in which the licensee is or may become a respondent. If a licensee fails to submit to an examination when ordered by the board, the board may initiate a disciplinary proceeding against the licensee or amend a pending complaint to include a claim based upon a violation of this section. (c) Repealed by Laws 2006, Chapter 58, § 2. (d) The licensee may submit additional information to the board, including but not limited to medical reports, consultations or laboratory reports obtained through an examination performed by a practitioner designated by the licensee. (e) The results of any board ordered mental, physical competency or medical competency examination shall be provided to the licensee and the board prior to any further board action.
Propose a change(a) A licensee may request the board, in writing, to accept the voluntary relinquishment, restriction or suspension of his license. The board may, but shall not be required to accept the relinquished license, grant the request for restriction or suspension, attach conditions to the license or waive the commencement of any proceedings under this article. Removal of a voluntary relinquishment, restriction or suspension is subject to the procedure for reinstatement of a license as provided in this article. (b) Unless the board and the licensee have agreed to the relinquishment of or imposition of restrictions or conditions on a license, the board shall conduct a proceeding to refuse to renew or reinstate, revoke, restrict or suspend a license on the grounds set forth in W.S. 33-26-402(a) as a contested case under the Wyoming Administrative Procedure Act. (c) The board may temporarily suspend the license of any licensee without a hearing pursuant to W.S. 16-3-113(c). (d) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
Propose a change(a) Following a hearing to refuse to renew or reinstate, revoke, restrict or suspend a license on the grounds set forth in W.S. 33-26-402(a), the board shall enter its order and findings pursuant to the Wyoming Administrative Procedure Act. The board may take one (1) or more of the following actions: (i) Dismiss the proceedings; (ii) Issue a public or private reprimand; (iii) Order probation and provide terms; (iv) Impose a civil fine not exceeding twenty-five thousand dollars ($25,000.00); (v) Suspend the license; (vi) Revoke the license; (vii) Place restrictions on the license; (viii) Assess part or all of the cost of the proceeding against a disciplined licensee; (ix) Take other action as the board in its discretion finds proper; (x) Place the licensee on probation. (b) Restriction of a license may include, but is not limited to, the following: (i) Restricting the practice to certain areas of medicine or forbidding the practice of certain areas of medicine; (ii) Requiring the licensee to practice medicine under the supervision of another physician in a clinic or other controlled setting, and setting the conditions of the licensee's practice of medicine; (iii) Forbidding the use of certain medical procedures without consultation with and approval by another physician.
Propose a change