(a) The board shall upon a written sworn complaint or may upon its own motion investigate the actions of any appraisal management company and may impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each separate violation, censure the company, place the company on probation and set the terms of the probation, deny, suspend or revoke any registration issued under this article for any of the following:
(i) Procuring, or attempting to procure, a registration pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a registration or through any form of fraud or misrepresentation;
(ii) Being convicted of a felony, but this discipline shall be limited to probation, suspension or revocation of a registration;
(iii) Making any substantial misrepresentation, false promises or false or fraudulent representation;
(iv) Violating any provision of this chapter or rule or regulation of the board;
(v) Being negligent or incompetent, as defined in the Uniform Standards of Professional Appraisal Practice, in reviewing an appraisal, in preparing an appraisal report or in communicating an appraisal report.
(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 registration issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the registration in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a registration withheld, suspended or restricted under this subsection.
(c) The board may assess to a registered appraisal management company, an applicant for registration as an appraisal management company, or an unregistered appraisal management company performing appraisal management services in this state all or part of the actual expenses of a contested case proceeding resulting in the discipline or censure of the registrant, suspension or revocation of the registrant's certificate of registration, the denial of a certificate of registration to the applicant or the discipline or censure of an unregistered appraisal management company performing appraisal management services in this state.
The hearing on any charge of violation of W.S. 33-39-224 shall be at a time and place prescribed by the board and in accordance with the provisions of the Wyoming Administrative Procedure Act.
(a) As used in this act:
(i) "Board" means the board of occupational therapy within the department of administration and information established by W.S. 33-40-114;
(ii) "Occupational therapy assistant" or "OTA" means a person licensed under this act to assist in the practice of occupational therapy and who works under the supervision of an occupational therapist to perform tasks requiring occupational therapy professional knowledge or judgment;
(iii) "Occupational therapy" means:
(A) Repealed by Laws 2016, ch. 104, § 2.
(B) Repealed by Laws 2016, ch. 104, § 2.
(C) Repealed by Laws 2016, ch. 104, § 2.
(D) Repealed by Laws 2016, ch. 104, § 2.
(E) Repealed by Laws 2016, ch. 104, § 2.
(F) Repealed by Laws 2016, ch. 104, § 2.
(G) Repealed by Laws 2016, ch. 104, § 2.
(H) Repealed by Laws 2016, ch. 104, § 2.
(J) The therapeutic use of occupations including everyday life activities with individuals, groups, populations or organizations to support participation, performance and function in roles and situations in home, school, workplace, community and other settings;
(K) The provision of services for habilitation, rehabilitation and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation or participation restriction;
(M) Addressing the physical, cognitive, psychosocial, sensory-perceptual and other aspects of performance in a variety of contexts and environments to support engagement in occupations, contexts and environments that affect physical and mental health, well-being and quality of life;
(N) Performing the tasks of occupational therapy through personal interaction or appropriate use of telecommunication services and other communication technologies;
(O) Performing the tasks of an occupational therapist or occupational therapy assistant commensurate with his education, training and experience;
(P) The practice of occupational therapy which includes:
(I) The evaluation of factors affecting activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure and social participation;
(II) The use of methods or approaches to direct the process of interventions; and
(III) The use of interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure and social participation.
(iv) "Occupational therapist" means a person licensed to practice occupational therapy under this act;
(v) "Occupational therapy telehealth" means the provision of occupational therapy services across a distance, using telecommunications technology for the evaluation, intervention or consultation without requiring the occupational therapist and recipient to be physically located in the same place;
(vi) "Unprofessional conduct" means:
(A) Committing any act involving a patient or which adversely relates to the practice of occupational therapy which results in a felony or misdemeanor conviction. A plea of guilty, nolo contendere or similar plea shall be considered a conviction;
(B) Violating professional sexual boundaries by soliciting, encouraging, threatening, forcing or engaging in any sexual act or relationship with a patient, regardless of consent. A consensual sexual act or relationship shall not be deemed unprofessional conduct if the patient licensee relationship is terminated prior to the sexual act or relationship or if the sexual act or relationship occurs prior to any patient licensee relationship. The treatment of a spouse or significant other where the relationship is in place prior to the beginning of any patient licensee relationship shall not be unprofessional conduct if treatment is conducted without third party compensation;
(C) Sexual harassment of a patient or staff member;
(D) Suffering from an active substance abuse disorder that affects the occupational therapist's ability to perform as an occupational therapist;
(E) Denial of a license to practice occupational therapy or any disciplinary action against a licensee by any other state, the District of Columbia, territory or country for an action constituting unprofessional conduct in Wyoming;
(F) Failure to report to the board known or reasonably suspected violations of the laws and regulations governing the practice of occupational therapy in Wyoming;
(G) Submission of false information to the board;
(H) Failure to notify the board within thirty (30) days of a malpractice final judgment or settlement involving the occupational therapist;
(J) Aiding or abetting the practice of occupational therapy in violation of W.S. 33-40-103 by any person not licensed to practice in Wyoming;
(K) Submission of false or materially misleading billing information;
(M) Using any term other than "occupational therapist, registered," "occupational therapist," "OT," "certified occupational therapist," "COTA," "occupational therapy assistant" or "OTA" to reflect licensure;
(N) Employing, either directly or indirectly, any licensee under suspension or revocation, except as may be authorized by the board, or any person not licensed to practice occupational therapy to perform any task requiring licensure except that an unlicensed person may be employed to perform tasks under supervision not requiring occupational therapy professional knowledge or judgment;
(O) Accepting payment for any part of professional services delivered as a volunteer;
(P) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(Q) Violating any lawful order, rule or regulation adopted by the board;
(R) Violating any provision of this act.
(vii) "This act" means W.S. 33-40-101 through 33-40-115.
(a) No person shall hold himself out as an occupational therapist, an occupational therapy assistant or as being able to practice occupational therapy in Wyoming unless he is licensed under this act or is otherwise authorized under the Occupational Therapy Licensure Compact under W.S. 33-40-202 through 33-40-216. An unlicensed person holding himself out as an occupational therapist or occupational therapist assistant by using additional or modifying words in his title, printed materials, advertisements or otherwise shall be deemed to be holding himself out as an occupational therapist or occupational therapist assistant.
(b) Repealed by Laws 2016, ch. 104, § 2.
(c) Only an individual may be licensed under this act and no entity, either private or governmental, shall hold itself out as providing occupational therapy to any person unless all individuals providing occupational therapy are licensed under this act.
(a) Nothing in this act shall be construed as preventing or restricting the practice, services or activities of:
(i) Any person solely employed as an occupational therapist or occupational therapy assistant by any agency of the United States government;
(ii) Any person pursuing a degree or certificate in occupational therapy at an accredited or board approved program when the person is designated by title clearly indicating his status as a student or trainee;
(iii) Any person engaged in the supervised fieldwork to complete the necessary educational requirements of W.S. 33-40-106;
(iv) Any person performing occupational therapy or acting as an occupational therapy assistant for no more than twenty (20) days in a calendar year for the purpose of educating students or providing continuing education to persons licensed under this act if:
(A) The person is licensed or regulated under the law of another state which has licensure or regulatory requirements at least as stringent as the requirements of this act;
(B) Repealed by Laws 2016, ch. 104, § 2.
33-40-106. Requirements for licensure; continuing education.
(a) An applicant applying for a license as an occupational therapist or occupational therapy assistant under this act, shall file a specified written application showing to the satisfaction of the board that the applicant:
(i) Has a good reputation for honesty, trustworthiness and competence in all matters relevant to practicing the profession of occupational therapy;
(ii) Has successfully completed the academic requirements in occupational therapy in an approved program that is accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or a successor organization as established in rule and approved by the licensure board;
(iii) Has successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the academic requirements described in paragraph (ii) of this subsection; and
(iv) Has passed a national certification examination as provided in W.S. 33-40-107.
(b) The board may establish continuing education requirements for an active license provided that:
(i) The requirement shall not be more than sixteen (16) contact hours of continuing education per year; and
(ii) Continuing education taken any time in the three (3) years preceding the annual license renewal may be counted toward fulfilling the requirement but it shall not be counted more than once.
(iii) Repealed by Laws 2016, ch. 104, § 2.
(iv) Repealed By Laws 2011, Ch. 129, § 202.
33-40-107. Examination for license of occupational therapists and occupational therapy assistants.
(a) Repealed by Laws 2016, ch. 104, § 2.
(b) Each applicant for licensure under this act, shall be given a written examination on the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods to determine the applicant's fitness to practice. The board shall designate the examination for occupational therapists and the examination for occupational therapy assistants and shall establish standards for acceptable performance.
(c) Examination shall be conducted as specified by the board not less than two (2) times each year.
33-40-108. Waiver of requirements; temporary licenses.
(a) The board shall grant a license under this act, to any person certified prior to July 1, 1992 as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA) by the American occupational therapy certification board (AOTCB).
(b) Repealed by Laws 2016, ch. 104, § 2.
(c) The board may establish provisions for a temporary license under this act so an applicant may practice occupational therapy without supervision or act as an occupational therapy assistant with supervision during processing of the license application.
(d) The board may establish provisions for a limited license to practice occupational therapy under supervision or act as an occupational therapy assistant with supervision to applicants under this act who are waiting to take the national certification examination or who are awaiting scores.
33-40-109. Issuance of license or compact privilege.
The board shall issue a license to any individual who meets the requirements of this act or shall issue a compact privilege to any individual who meets the requirements of the Occupational Therapy Licensure Compact under W.S. 33-40-202 through 33-40-216, upon payment of the prescribed fee.
(a) Any license issued under this act shall be subject to annual renewal as provided by the board, however no late renewal of a license may be granted more than one (1) year after its expiration.
(b) Repealed by Laws 2016, ch. 104, § 2.
(c) Repealed by Laws 2016, ch. 104, § 2.
(d) Repealed by Laws 2016, ch. 104, § 2.
(e) Repealed by Laws 2016, ch. 104, § 2.
(f) The board shall establish by rule reentry procedures for the licensure of persons under this act who have previously practiced as an occupational therapist or occupational therapy assistant for not less than one (1) year, but who do not qualify for renewal of their license under subsection (a) of this section. The board's rules may:
(i) Require completion of continuing education not to exceed the cumulative total requirement for a licensed occupational therapist or occupational therapist assistant for three (3) years;
(ii) Require completion of a review course approved by the board which shall not be more than thirty (30) days in duration;
(iii) Require practice under the supervision of a licensed occupational therapist or occupational therapy assistant for a period of not more than two (2) years;
(iv) For a period of not more than two (2) years or until specified training is received, restrict a person from practicing or practicing without supervision specific areas within the practice of occupational therapy which areas have significantly changed or been added to the practice;
(v) Establish guidelines for the length of time the requirements stated in paragraphs (i) through (iv) of this subsection are imposed based on the length of time a person has not engaged in the practice of occupational therapy, the person's prior experience, the area of practice in which the person intends to engage and other relevant factors.
33-40-111. Foreign trained applicants; applicants from other states and territories.
(a) Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall satisfy the examination requirements of W.S. 33-40-107 to be licensed under this act. The board shall require these applicants to meet the standards established in W.S. 33-40-106.
(b) The board shall, to the extent necessary, waive examination, education, and continuing education requirements and grant a license under this act to any applicant who presents proof of current licensure or regulation as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States whose standards for licensure or regulation include passage of the examination required for licensure under this act and who has not been disciplined in the other jurisdiction for unprofessional conduct or a similar offense. The board may grant licensure to an applicant who has been disciplined for unprofessional conduct if in the board's judgment the unprofessional conduct was sufficiently minor, has been rectified or is sufficiently in the past so as not to present a risk to the welfare or safety of Wyoming patients.
33-40-113. Suspension and revocation of license; refusal to renew.
(a) In accordance with this act and after the hearing authorized by subsection (b) of this section, the board may deny a license or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions if the licensee or the applicant for a license has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct shall mean the conduct defined in W.S. 33-40-102(a)(vi).
(i) Repealed by Laws 2016, ch. 104, § 2.
(ii) Repealed by Laws 2016, ch. 104, § 2.
(iii) Repealed by Laws 2016, ch. 104, § 2.
(iv) Repealed by Laws 2016, ch. 104, § 2.
(v) Repealed by Laws 2016, ch. 104, § 2.
(vi) Repealed by Laws 2016, ch. 104, § 2.
(b) A denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the board under this act after a hearing in the manner provided by the rules and regulations adopted by the board. An application for reinstatement may be made to the board one (1) year after the date of the revocation of a license. The board may accept or reject an application for reinstatement and may hold a hearing to consider the reinstatement. Any person aggrieved by any final action of the board may appeal to the district court under the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
(c) 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 under this act, 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.
33-40-114. Board of occupational therapy practice; established; compensation.
(a) There is established a board of occupational therapy within the department of administration and information. The board shall consist of five (5) members appointed by the governor, who are residents of Wyoming. Three (3) board members shall be occupational therapists who have been engaged in providing occupational therapy services to the public, teaching or research in occupational therapy for at least five (5) years immediately preceding their appointments. One (1) board member shall be an occupational therapy assistant who shall have been engaged in providing occupational therapy services to the public, teaching or research in occupational therapy for at least five (5) years immediately preceding his appointment. An occupational therapist may be appointed to this position if no occupational therapy assistant is available and willing to serve. These four (4) members shall at all times be holders of valid licenses under this act. The remaining member shall be a member of the public with an interest in the rights of the consumers of health services.
(b) Appointments to the board of occupational therapy shall be for three (3) year terms. No person shall serve more than two (2) consecutive terms. Terms shall begin on the first day of the fiscal year and end on the last day of the fiscal year or until successors are appointed. Vacancies in the membership of the board shall be filled for the unexpired term by the governor. The governor may remove any board member as provided by W.S. 9-1-202.
(c) The board shall meet not less than two (2) times during each fiscal year and shall select a chairman at the first meeting. Other meetings may be convened at the call of the chairman or the written request of any two (2) board members. A majority of the members of the board shall constitute a quorum for all purposes. All meetings of the board shall be governed in accordance with W.S. 16-4-403. In addition the board may hold closed sessions:
(i) Repealed by Laws 2016, ch. 104, § 2.
(ii) Repealed by Laws 2016, ch. 104, § 2.
(iii) To consider allegations or investigations of possible unprofessional conduct as defined by W.S. 33-40-102(a)(vi).
(d) Members of the board shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii).
33-40-115. Board of occupational therapy practice; powers and duties.
(a) The board shall administer the provisions of this act and the Occupational Therapy Licensure Compact under W.S. 33-40-202 through 33-40-216, and may investigate allegations of practices violating the provisions of this act or of the compact.
(b) The board shall establish rules and regulations according to the Wyoming Administrative Procedure Act to carry out the purpose of this act, including establishing rules for professional conduct, for professional licensure and to establish ethical standards of practice for persons licensed to practice occupational therapy in Wyoming.
(c) The board may delegate its authority to issue temporary and limited licenses pursuant to W.S. 33-40-108 to the executive secretary of the board. The board may limit the delegation or set forth any criteria for exercising the delegation as it deems appropriate.
(d) The board may, with the approval and assistance of the attorney general, petition the district court in the name of the state of Wyoming to enjoin:
(i) Any person from continuing to violate W.S. 33-40-103 or section 4 of the Occupational Therapy Licensure Compact under W.S. 33-40-206;
(ii) Any person or other entity from advertising or claiming to provide occupational therapy services in this state when the services are not or will not be provided by a person licensed under this act or is otherwise authorized under the Occupational Therapy Licensure Compact under W.S. 33-40-202 through 33-40-216.
33-40-116. Board of occupational therapy practices employees; funds.
The board shall appoint or contract an executive secretary and other individuals deemed necessary to administer the affairs of the board and shall furnish necessary support and clerical services. Costs related to these services shall be paid from the funds of the Wyoming board of occupational therapy.
Any person who violates any provision of W.S. 33-40-103 is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
The Occupational Therapy Licensure Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as provided in W.S. 33-40-202 through 33-40-216.
(a) The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(i) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;
(ii) Enhance the states' ability to protect the public's health and safety;
(iii) Encourage the cooperation of member states in regulating multi-state occupational therapy practice;
(iv) Support spouses of relocating military members;
(v) Enhance the exchange of licensure, investigative, and disciplinary information between member states;
(vi) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and
(vii) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
(a) As used in this compact, and except as otherwise provided, the following definitions shall apply:
(i) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211;
(ii) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual's license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice;
(iii) "Alternative program" means a non-disciplinary monitoring process approved by an occupational therapy licensing board;
(iv) "Compact privilege" means the authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient or client is located at the time of the patient or client encounter;
(v) "Continuing competence" or "continuing education" means a requirement, as a condition of license renewal, to provide evidence of completion of educational and professional activities relevant to practice or area of work;
(vi) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction;
(vii) "Data system" means a repository of information about licensees, including but not limited to license status, investigative information, compact privileges, and adverse actions;
(viii) "Encumbered license" means a license in which an adverse action restricts the practice of occupational therapy by the licensee or said adverse action has been reported to the National Practitioners Data Bank (NPDB);
(ix) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission;
(x) "Home state" means the member state that is the licensee's primary state of residence;
(xi) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction or other health-related conditions;
(xii) "Investigative information" means information, records or documents received or generated by an occupational therapy licensing board pursuant to an investigation;
(xiii) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state;
(xiv) "Licensee" means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant;
(xv) "Member state" means a state that has enacted the compact;
(xvi) "Occupational therapist" means an individual who is licensed by a state to practice occupational therapy;
(xvii) "Occupational therapy assistant" means an individual who is licensed by a state to assist in the practice of occupational therapy;
(xviii) "Occupational therapy," "occupational therapy practice," and the "practice of occupational therapy" means the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state's statutes and regulations;
(xix) "Occupational therapy compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact;
(xx) "Occupational therapy licensing board" or "licensing board" means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants;
(xxi) "Primary state of residence" or "home state" means the state in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by a driver's license, federal income tax return, lease, deed, mortgage or voter registration or other verifying documentation as further defined by commission rules;
(xxii) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege;
(xxiii) "Rule" means a regulation promulgated by the commission that has the force of law;
(xxiv) "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of occupational therapy;
(xxv) "Single-state license" means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state;
(xxvi) "Telehealth" means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention or consultation.
33-40-205. [SECTION 3] State participation in the compact.
(a) To participate in the compact, a member state shall:
(i) License occupational therapists and occupational therapy assistants;
(ii) Participate fully in the commission's data system, including but not limited to using the commission's unique identifier as defined in rules of the commission;
(iii) Have a mechanism in place for receiving and investigating complaints about licensees;
(iv) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(v) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation (FBI) and the agency responsible for retaining that state's criminal records. Under this paragraph:
(A) A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the FBI criminal record search, and shall use the results in making licensure decisions;
(B) Communication between a member state, the commission and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544.
(vi) Comply with the rules of the commission;
(vii) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(viii) Have continuing competence or education requirements as a condition for license renewal.
(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(c) Member states may charge a fee for granting a compact privilege.
(d) A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings.
(e) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.
(f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(i) Hold a license in the home state;
(ii) Have a valid United States social security number or national practitioner identification number;
(iii) Have no encumbrance on any state license;
(iv) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g) and
(h) of this section [section 4(d), (f), (g) and (h)];
(v) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two (2) years have elapsed from the date of such completion;
(vi) Notify the commission that the licensee is seeking the compact privilege within a remote state;
(vii) Pay any applicable fees, including any state fee, for the compact privilege;
(viii) Complete a criminal background check in accordance with W.S. 33-40-205(a)(v) [section 3(a)(v)]. The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check;
(ix) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
(x) Report to the commission adverse action taken by any non-member state within thirty (30) days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section [section 4(a)] to maintain the compact privilege in the remote state.
(c) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.
(e) A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(i) The home state license is no longer encumbered; and
(ii) Two (2) years have elapsed from the date on which the home state license is no longer encumbered in accordance with paragraph (i) of this subsection [section 4(f)(i)].
(g) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section [section 4(a)] to obtain a compact privilege in any remote state.
(h) If a licensee's compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:
(i) The specific period of time for which the compact privilege was removed has ended;
(ii) All fines have been paid and all conditions have been met;
(iii) Two (2) years have elapsed from the date of completing requirements for 4(h)(i) and (ii); and
(iv) The compact privileges are reinstated by the commission and the compact data system is updated to reflect reinstatement.
(j) If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.
(k) Once the requirements of subsection (h) of this section [section 4(h)] have been met, the licensee must meet the requirements in subsection (a) of this section [section 4(a)] to obtain a compact privilege in a remote state.
33-40-207. [SECTION 5] Obtaining a new home state license by virtue of compact privilege.
(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:
(i) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees and notify the current and new home state in accordance with applicable rules adopted by the commission;
(ii) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in W.S. 33-40-206 [section 4] via the data system, without need for primary source verification except for:
(A) An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with P.L. 92-544;
(B) Other criminal background checks as required by the new home state; and
(C) Submission of any requisite jurisprudence requirements of the new home state.
(iii) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission;
(iv) Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in W.S. 33-40-206 [section 4], the new home state shall apply its requirements for issuing a new single-state license;
(v) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
33-40-208. [SECTION 6] Active duty military personnel or their spouses.
Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process described in W.S. 33-40-207 [section 5].
(a) A home state shall have exclusive power to impose adverse action against an occupational therapist's or occupational therapy assistant's license issued by the home state.
(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(i) Take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state;
(ii) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the OT compact commission data system. The occupational therapy compact commission data system administrator shall promptly notify the new home state of any adverse actions.
(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.
(f) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(g) Joint investigations:
(i) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees;
(ii) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(h) If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's compact privilege is deactivated in all member states during the pendency of the order.
(j) If a Member State takes Adverse Action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(k) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
33-40-210. [SECTION 8] Establishment of the occupational therapy compact commission.
(a) The compact member states hereby create and establish a joint public agency known as the occupational therapy compact commission:
(i) The commission is an instrumentality of the compact states;
(ii) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings;
(iii) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting and meetings:
(i) Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board;
(ii) The delegate shall be either:
(A) A current member of the licensing board, who is an occupational therapist, occupational therapy assistant or public member; or
(B) An administrator of the licensing board.
(iii) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed;
(iv) The member state board shall fill any vacancy occurring in the commission within ninety (90) days;
(v) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication;
(vi) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws;
(vii) The commission shall establish by rule a term of office for delegates.
(c) The commission shall have the following powers and duties:
(i) Establish a code of ethics for the commission;
(ii) Establish the fiscal year of the commission;
(iii) Establish bylaws;
(iv) Maintain its financial records in accordance with the bylaws;
(v) Meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(vi) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
(vii) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;
(viii) Purchase and maintain insurance and bonds;
(ix) Borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(x) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(xi) Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, utilize and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(xii) Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, real, personal or mixed, provided that at all times the commission shall avoid any appearance of impropriety;
(xiii) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(xiv) Establish a budget and make expenditures;
(xv) Borrow money;
(xvi) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(xvii) Provide and receive information from, and cooperate with, law enforcement agencies;
(xviii) Establish and elect an executive committee; and
(xix) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice.
(d) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact and in accordance with the following:
(i) The executive committee shall be composed of nine (9) members:
(A) Seven (7) voting members who are elected by the commission from the current membership of the commission;
(B) One (1) ex officio, nonvoting member from a recognized national occupational therapy professional association; and
(C) One (1) ex officio, nonvoting member from a recognized national occupational therapy certification organization.
(ii) The ex officio members will be selected by their respective organizations;
(iii) The commission may remove any member of the executive committee as provided in bylaws;
(iv) The executive committee shall meet at least annually;
(v) The executive committee shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the compact privilege;
(B) Ensure compact administration services are appropriately provided, contractual or otherwise;
(C) Prepare and recommend the budget;
(D) Maintain financial records on behalf of the commission;
(E) Monitor compact compliance of member states and provide compliance reports to the commission;
(F) Establish additional committees as necessary; and
(G) Perform other duties as provided in rules or bylaws.
(e) Meetings of the commission:
(i) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in W.S. 33-40-212 [section 10];
(ii) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) Current, threatened or reasonably anticipated litigation;
(D) Negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(E) Accusing any person of a crime or formally censuring any person;
(F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) Disclosure of investigative records compiled for law enforcement purposes;
(J) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
(K) Matters specifically exempted from disclosure by federal or member state statute.
(iii) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision;
(iv) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the commission:
(i) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities;
(ii) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services;
(iii) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states;
(iv) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state;
(v) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense and indemnification:
(i) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person;
(ii) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct;
(iii) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
(a) The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
(b) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
(i) Identifying information;
(ii) Licensure data;
(iii) Adverse actions against a license or compact privilege;
(iv) Non-confidential information related to alternative program participation;
(v) Any denial of application for licensure and the reason for such denial;
(vi) Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and
(vii) Current significant investigative information.
(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
(a) Notwithstanding the requirements imposed by W.S. 16-3-101 through 16-3-106, the commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(e) Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(i) On the website of the commission or other publicly accessible platform; and
(ii) On the website of each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) The notice of proposed rulemaking shall include:
(i) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(ii) The text of the proposed rule or amendment and the reason for the proposed rule;
(iii) A request for comments on the proposed rule from any interested person; and
(iv) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(g) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(h) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(i) At least twenty-five (25) persons;
(ii) A state or federal governmental subdivision or agency; or
(iii) An association or organization having at least twenty-five (25) members.
(j) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. Under this subsection:
(i) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing;
(ii) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing;
(iii) All hearings will be recorded. A copy of the recording will be made available on request;
(iv) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(k) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(m) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(n) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(o) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(i) Meet an imminent threat to public health, safety or welfare;
(ii) Prevent a loss of commission or member state funds;
(iii) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(iv) Protect public health and safety.
(p) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
33-40-213. [SECTION 11] Oversight, dispute resolution and enforcement.
(a) Oversight:
(i) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law;
(ii) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission;
(iii) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, technical assistance and termination:
(i) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and
(B) Provide remedial training and specific technical assistance regarding the default.
(ii) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default;
(iii) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states;
(iv) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination;
(v) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state;
(vi) The defaulting state may appeal the action of the commission by petitioning the United states district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(c) Dispute resolution:
(i) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states;
(ii) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement:
(i) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact;
(ii) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees;
(iii) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
33-40-214. [SECTION 12] Date of implementation of the
interstate commission for occupational therapy practice and associated rules, withdrawal and amendment.
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same. Under this subsection:
(i) A Member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute;
(ii) Withdrawal shall not affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
33-40-215. [SECTION 13] Construction and severability.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
33-40-216. [SECTION 14] Binding effect of compact and other laws.
(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(e) All agreements between the commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
(a) As used in this act:
(i) "Board" means the Wyoming board of professional geologists within the department of administration and information;
(ii) Repealed By Laws 1997, ch. 170, § 2.
(iii) Repealed By Laws 1997, ch. 170, § 2.
(iv) "Geologist" means a person who is a graduate of an institution of higher education that is accredited by a regional or national accrediting agency, with a minimum of thirty (30) semester or forty-five (45) quarter hours of course work in geology;
(v) "Geologist-in-training" means a geologist who is a candidate for licensure who meets all other requirements for licensure as stated in this act except length of experience;
(vi) "Geology" means the science which treats of the earth in general, the earth's processes and its history, investigation of the earth's crust and the rocks and other materials which compose it, and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gases and other materials for the use of mankind;
(vii) "Practice of geology" means the performance of geological services or work such as consultation, investigation, evaluation, planning, preparation of geologic reports and maps and inspection of geological work;
(viii) "Practice of geology before the public" means the performance of geological services or work including consultation, investigation, evaluation, planning, preparation of geologic reports and maps, the inspection of geological work and the responsible supervision of geological services or work, the performance of which is relevant to public welfare or the safeguard of life, health, property and the environment, unless exempt under this act. "Practice of geology before the public" does not include cutting descriptions for water wells, descriptive logs for drill holes for mineral exploration, lithologic descriptions and stratigraphic picks for oil and gas well logs, geologic information contained within notices and other routine forms required by state and federal agencies, geologic reports and other documents not available for dissemination outside of the entity preparing the reports or documents, nor any technical papers or reports prepared specifically for publication by the state or federal geological survey or by other geological, scientific or trade organizations;
(ix) "Professional geologist" means a geologist who has met the academic and experience qualifications established by the board and has been licensed by the board;
(x) "Qualified geologist" means an individual who is not licensed under this act but who possesses all the qualifications for licensure specified in this act;
(xi) "Responsible charge" means the independent control and direction by use of initiative, skill and independent judgment of geological work or the supervision of the work;
(xii) "Subdiscipline of geology" means the recognized practice of geology, including but not limited to environmental geology, petroleum geology, engineering geology, geophysics, geochemistry and hydrogeology;
(xiii) "Subordinate" means any individual who practices geology or assists a professional geologist in the practice of geology without assuming the responsible charge for the work;
(xiv) "This act" means W.S. 33-41-101 through 33-41-121.
(a) Only individuals licensed by the board to engage in the practice of geology shall use the designation of "professional geologist" or "P.G."
(b) Only professional geologists registered in a subdiscipline of geology shall use the term professional in conjunction with the title of their subdiscipline.
(a) Unless duly licensed in accordance with the provisions of this act, no person in this state shall:
(i) Employ, use, cause to be used as a professional, business or commercial identification title, name, representation, claim or means of advantage or benefit, the title "professional geologist" or any variation or abbreviation thereof;
(ii) Employ, use, cause to be used to make use of any letter, card, abbreviation, word, symbol, slogan, sign or any combination or variation thereof, which in any manner tends or is likely to create any impression with the public or any member thereof, that any individual is a professional geologist or that any individual is qualified or authorized to practice geology before the public unless the individual is duly licensed under this act and is practicing in accordance with the provisions of this act; or
(iii) Practice, continue to practice, offer or attempt to practice geology or any subdiscipline or part thereof before the public as defined by this act.
(b) For purposes of this act, any person who performs or offers or attempts to perform any of the acts specified under subsection (a) of this section is presumed to be engaged in the practice of geology before the public.
The Wyoming board of professional geologists is created within the department of administration and information to administer the provisions of this act.