(a) Unless licensed pursuant to this act, no person shall practice midwifery or hold himself out to be a midwife, a licensed midwife or a certified professional midwife except that a certified nurse midwife may hold himself out to be a midwife.
(b) The following shall not be considered to be practicing midwifery under this act:
(i) Any person rendering aid to a woman delivering a baby in the case of an emergency;
(ii) Any family member assisting a woman delivering a baby;
(iii) Any person recommending or referring a woman to medical care or a specific health care practitioner;
(iv) Any person licensed under another chapter of this title while practicing within the scope of the license.
Any person violating any provision of this act is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.
(a) No person other than the licensed midwife who provided care to the patient shall be liable for the midwife's negligent, grossly negligent or willful and wanton acts or omissions.
(b) No hospital, person licensed under the Medical Practice Act, person licensed under the Nurse Practice Act, prehospital emergency medical personnel or any of their agents shall be liable for care provided to a woman or newborn child subsequent to care provided by a midwife, except that any hospital, person licensed under the Medical Practice Act, person licensed under the Nurse Practice Act, prehospital emergency medical personnel or any of their agents shall remain liable as otherwise provided by law for his or its own actions which are independent of the actions and omissions of the midwife.
(c) No person licensed under the Medical Practice Act, person licensed under the Nurse Practice Act or hospital in which they practice shall be liable for any failures of a midwife to meet any standard of care for patients on which they provide consultation to a midwife or accept a referral from the midwife but shall remain liable as otherwise provided by law for his or its own actions.
(d) For purposes of this section, "midwife" means the licensed midwife who provided care to the patient and any employer under whose authority the midwife provided that care.
The board shall establish fees in accordance with W.S. 33-1-201 as necessary to provide for the administration of this act, including establishment of a reasonable working capital contingency fund. The board may establish fees for licensure, renewal of licenses, late applications, provisional licensure and per delivery fees for midwives conducting deliveries. Any per delivery fee established by the board shall not exceed fifty dollars ($50.00) and shall be forwarded to the board at the interval specified by board rules and regulations. The fees shall be deposited and managed in the same manner as other fees collected pursuant to this act.
(a) As used in this article:
(i) "Board" means the dietetics licensing board;
(ii) "Commission" means the commission on dietetic registration, the credentialing agency for the American dietetic association;
(iii) "Dietetics" means the integration and application of principles derived from the sciences of food, nutrition, management, communication, and biological, physiological, behavioral, and social sciences to achieve and maintain optimal human health. "Dietetics" includes the nutrition care process and medical nutrition therapy. "Dietetics" does not include medical differential diagnosis of the health status of an individual;
(iv) "General nonmedical nutrition information" means information on any one (1) or more of the following:
(A) Principles of good nutrition and food preparation;
(B) Food to be included in the normal daily diet;
(C) The essential nutrients needed by the body;
(D) Recommended amounts of the essential nutrients, based on established standards;
(E) The actions of nutrients on the body;
(F) The effects of deficiencies or excesses of nutrients;
(G) Food and supplements that are good sources of essential nutrients.
(v) "Medical nutrition therapy" means the use of specific nutrition services for the purpose of disease management to treat or rehabilitate an illness, injury or condition and includes:
(A) Interpreting dietary data and recommending nutrient needs relative to medically prescribed diets, including but not limited to tube feedings, specialized intravenous solutions and specialized oral feedings;
(B) Food and prescription drug interactions; and
(C) Developing and managing food service operations whose chief function is nutrition care and provision of medically prescribed diets.
(vi) "Medically prescribed diet" means a diet prescribed when specific food or nutrient levels need to be monitored, altered, or both, as a component of a treatment program from an individual whose health status is impaired or at risk due to disease, injury or surgery and may only be performed as initiated by or in consultation with a physician licensed in this state or an individual authorized by a state license to prescribe medical care;
(vii) "Nutrition assessment" means the systematic process of obtaining, verifying and interpreting biochemical, anthropometric, physical and dietary data in order to make decisions about the nature and cause of nutrition related problems. It is an ongoing, dynamic process that involves not only initial data collection but also reassessment and analysis of client or community needs and provides the foundation for nutrition diagnosis and nutritional recommendations including enteral and parenteral nutrition;
(viii) "Nutrition care process" means the systematic problem solving method that dietitians use to critically think and make decisions when providing medical nutrition therapy or to address nutrition related problems and provide safe, effective, high quality care. The nutrition care process consists of four (4) distinct but interrelated steps including nutrition assessment, nutrition diagnosis, nutrition intervention and nutrition monitoring and evaluation;
(ix) "Nutrition diagnosis" means identifying and labeling nutritional problems that a dietetics practitioner is responsible for treating independently;
(x) "Nutrition intervention" means purposefully planned actions intended to positively change a nutrition related behavior, risk factor, environmental condition or aspect of health status for an individual, the individual's family, caregivers, target groups or the community at large;
(xi) "Nutrition monitoring and evaluation" means identifying patient or client outcomes relevant to the nutrition diagnosis and intervention plans and goals, and comparing those outcomes with previous status, intervention goals or a reference standard to determine the progress made in achieving desired outcomes of nutrition care. The purpose of nutrition monitoring and evaluation is to determine whether planned interventions should be continued or revised;
(xii) "Registered dietitian" means an individual registered with the commission or its successor organization;
(xiii) "This act" means W.S. 33-47-101 through 33-47-110.
33-47-103. Exemptions; persons and practices not affected.
(a) The following shall not be considered to be practicing dietetics under this act:
(i) A qualified member of a legally recognized profession who is otherwise licensed or certified by this state, while performing services consistent with the license or certification, provided the member does not purport to be practicing dietetics and does not claim to be a dietitian;
(ii) A student enrolled in an accredited program in dietetics while engaged as part of the program in the practice of dietetics under the supervision of a licensed dietitian;
(iii) A dietitian who is serving in the armed forces or the commissioned corps of the public health service of the United States, who is employed by the veterans administration or a Wyoming department of health nutritional services program under the supervision of a licensed dietitian, while engaged in the practice of dietetics provided the practice is related to that service or employment;
(iv) A person employed by a school district who is responsible for menu planning, purchasing of food, meal preparation or food safety, who uses general nonmedical nutrition information in the performance of the person's duties and who does not purport to be practicing dietetics and does not claim to be a dietitian;
(v) A retailer who furnishes oral or written general nonmedical nutrition information related to food, food materials or dietary supplements or the marketing of food, food materials or dietary supplements;
(vi) A person who is employed as an instructor at a United States regionally accredited college or university with a major course of study in human nutrition, nutrition education, public health nutrition, food and nutrition, dietetics or food systems management or an equivalent major course of study as approved by the board;
(vii) A person providing weight control services;
(viii) A nonresident registered dietitian licensed in another state if the requirements for licensure are at least as stringent as the requirements for licensure contained in this act, or registered by the commission if the state of residence does not require licensure, while practicing dietetics in this state for up to twenty (20) days annually;
(ix) A person offering general nonmedical nutritional information, either as part of the sales of nutritional products or independently, who does not represent that they are a licensed dietician.
(a) The dietetics licensing board is created. The board shall regulate the practice of dietetics in the state by providing for the licensing and regulation of persons engaged in the practice of dietetics to ensure the safety of the public seeking nutritional advice.
(b) The board shall consist of three (3) members. The initial board shall consist of one (1) member of the public and two (2) registered dietitians who shall have been engaged in the practice of dietetics for a period of not less than five (5) years immediately preceding appointment to the board. Thereafter, dietitian members shall be licensed under this act prior to appointment to the board.
(c) The governor shall appoint the members of the board. The initial appointments shall be for staggered terms with one (1) registered dietitian appointed for a term of three (3) years, one (1) member of the public appointed for a term of two (2) years and one (1) registered dietitian appointed for a term of one (1) year. Thereafter, members shall be appointed for three (3) year terms.
(d) Vacancies in the board shall be filled by appointment by the governor as provided in subsection (b) of this section for the balance of an unexpired term. Each member shall serve until the member's successor is appointed and qualified. The governor may remove any member from the board as provided in W.S. 9-1-202.
(e) The board shall meet at least twice each year and shall elect a chairman at the first meeting each year. The board may convene at the request of the chairman or as the board may determine for any other meeting as may be deemed necessary by the chairman to transact the board's business. The board shall adopt rules for the transaction of its business. Two (2) board members shall constitute a quorum.
(f) Members of the board shall not receive compensation for their services but shall receive mileage and per diem as provided in W.S. 33-1-302(a)(vii) while engaged in the discharge of official duties.
(g) Members of the board shall have the same immunities from personal liability as state employees for actions taken in the performance of their duties under this act, as provided in W.S. 1-39-104.
(a) The board shall:
(i) Examine, license and renew the licenses of duly qualified applicants;
(ii) Maintain an up-to-date list of every person licensed to practice dietetics under this act. The list shall show the licensee’s last known place of employment, the license issue date and the registration number of the license;
(iii) Keep a record of all proceedings of the board and make the record available to the public for inspection during regular business hours;
(iv) Maintain an up-to-date list of persons whose licenses have been suspended, revoked or denied. The list shall include the names, type and cause of action, date and penalty incurred and the length of penalty. The list shall be available for public inspection during regular business hours and shall be supplied to similar boards in other states upon request;
(v) Establish reasonable fees for application, examination, licensing, certification, specialty examination designation, renewal, late renewal, reinstatement and other services provided pursuant to W.S. 33-1-201;
(vi) Adopt rules and regulations related to application, fees, discipline, suspension and revocation.
(b) The board may:
(i) Employ personnel or enter into an agreement as necessary to perform the functions of the board;
(ii) Establish relicensure requirements and procedures as are appropriate, including adopting and publishing a code of ethics as well as compliance guidance opinions as deemed necessary by the board;
(iii) Secure the services of resource consultants. Resource consultants shall receive travel and per diem expenses in the same manner and amount as state employees while engaged in consultative service to the board;
(iv) Enter into contracts with appropriate organizations for the purpose of developing, administering, grading or reporting the results of licensing examinations. The contracting organizations shall be capable of providing an examination which meets the standards of the commission or an equivalent organization. The examination shall be validated and nationally recognized as testing dietetic core competencies;
(v) Establish continuing education requirements for license renewal.
issuance and revocation of licenses; fees; temporary permits.
(a) An applicant for a license to practice dietetics shall submit to the board written evidence, verified by oath, that the applicant:
(i) Has received a baccalaureate or post baccalaureate degree from a United States regionally accredited college or university with a major course of study in human nutrition, nutrition education, public health nutrition, food and nutrition, dietetics, food systems management or an equivalent major course of study as approved by the board. Applicants who have obtained a degree outside of the United States and its territories shall have their academic degree validated by the board as equivalent to the same degree conferred by a regionally accredited college or university in the United States;
(ii) Has completed a documented supervised preprofessional practice experience component in dietetics of not less than nine hundred (900) hours under the supervision of a registered dietitian, a licensed dietitian or an individual with a doctoral degree conferred by a United States regionally accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics or food systems management;
(iii) Has successfully completed the registration examination for dietitians administered by the commission or an examination of an equivalent level approved by the board;
(iv) Has reached the age of majority; and
(v) Has not been convicted of a felony or a misdemeanor that relates adversely to the practice of dietetics, or the ability to practice dietetics, 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, a plea agreement in which the defendant has pled guilty yet not admitted to all the facts that comprise the crime or a conditional plea as part of a deferred prosecution or deferred sentencing agreement.
(b) Until June 30, 2012, the board shall waive the examination required by subsection (a) of this section and shall grant a license to any applicant who:
(i) Makes satisfactory application to the board and is registered with the commission; or
(ii) Received a baccalaureate or post baccalaureate degree from a United States regionally accredited college or university with a program in dietetics or an equivalent major course of study as approved by the board and who has completed a board approved practical experience and met the educational requirements for registration by the commission or its equivalent.
(c) If an applicant fails to complete the requirements for licensing within one (1) year from the date of filing an application, the application shall be deemed to be abandoned.
(d) The board may issue a temporary permit to practice dietetics for a period of six (6) months to an applicant for licensing, provided:
(i) The applicant is currently practicing or has within the last twelve (12) months practiced as a licensed dietitian in another state, territory or country that required licensure of dietitians;
(ii) The applicant is currently practicing or has within the last twelve (12) months practiced as a registered dietitian in another state, territory or country that did not require licensure of dietitians; or
(iii) The applicant is a student in a commission approved dietetics education program who expects to graduate within thirty (30) calendar days of the application filing date. Upon notification that a student in an approved program who has received a temporary permit under this section fails to successfully complete the program, the permit shall immediately expire.
(e) On payment of an additional fee established pursuant to W.S. 33-47-105(a)(v), the board may extend a permit to practice dietetics for an additional period not to exceed six (6) months from the date of issuance of the original permit.
(f) Upon payment of a fee established pursuant to W.S. 33-47-105(a)(v), the board shall issue a license to practice dietetics to an applicant who was a dietitian registered prior to July 1, 2011 by the commission or its equivalent.
(g) Unless licensed to practice under this act, no person shall represent himself to the public as being a dietitian or a licensed dietitian. Only a person holding a license to practice dietetics in this state may use the title "licensed dietitian" or the abbreviation "LD" to indicate that the person is a licensed dietitian.
(a) A licensed dietitian shall renew the license every two (2) years. The board shall notify and provide applications for renewal to licensed dietitians at least sixty (60) calendar days prior to expiration of the license. A licensee seeking renewal shall complete the application for renewal and return it to the board with the renewal fee at least fifteen (15) days before the license expiration date. The renewal request shall be accompanied by evidence satisfactory to the board that the licensee has complied with this act and completed any applicable continuing education requirements.
(b) Upon receipt of the application for renewal and the fee, the board shall promptly verify its contents and issue a renewal license.
(c) A licensee who fails to submit a timely application for renewal may be reinstated by the board upon payment of the renewal fee and reinstatement fee established by the board provided that the request for reinstatement is made within ninety (90) days of the license expiration date.
(d) A licensed dietitian who does not engage in the practice of dietetics following expiration of the dietitian's license is not required to pay the renewal fee and shall be deemed inactive. If an inactive licensee desires to resume the practice of dietetics, the license shall be reissued upon application to the board, payment of renewal and reinstatement fees and submission of evidence that the applicant satisfies the current requirements for licensure.
(e) Fees received by the board and any monies collected under this act shall be deposited and credited to the board as provided in W.S. 33-1-202.
(f) The board may revoke, suspend or refuse to renew any license or permit or place on probation, reprimand a licensee or deny a license to an applicant if it finds that the person:
(i) Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of license to practice dietetics;
(ii) Is unfit or incompetent by reason of negligence, habits or other causes of incompetency as defined in the rules and regulations of the board;
(iii) Is addicted to a drug or intoxicant to a degree that renders the licensee unsafe or unfit to practice dietetics;
(iv) Is guilty of unprofessional conduct as defined by rules of the board, or has violated the code of ethics adopted and published by the board;
(v) Has practiced dietetics under cover of any permit or license illegally or fraudulently obtained or issued, or under a license that has expired or been suspended;
(vi) Has violated or aided or abetted others in violation of any provision of this act.
(g) Upon filing of written complaint with the board charging a person with having been guilty of any of the acts prohibited by this act, the executive director or other authorized employee of the board shall conduct an appropriate investigation. If the board finds reasonable grounds to substantiate the allegations of the complaint, the board may refuse to grant, revoke, suspend or restrict the license of an applicant or licensee.
(h) The applicant or licensee shall be afforded an opportunity for a hearing on the board's action under subsection
(f) or (g) of this section. Notices, hearings and appeals shall be in accordance with the Wyoming Administrative Procedure Act. The board may issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or his counsel, the board shall issue subpoenas on behalf of the respondent.
Reciprocity may be provided for dietitians licensed in other states which have laws at least as stringent as this act, or registered dietitians if their previous state of residence does not require licensure, provided that the applicant meets the requirements of W.S. 33-47-106.
A licensed dietitian or any person employed in a licensed dietitian's professional practice shall not disclose without the consent of the client any communication made by a client to the dietitian or the dietitian's employees in the course of professional practice, except as required by law.
(a) The Wyoming combat sports commission is created to implement and administer this chapter.
(b) The commission shall consist of three (3) members.
(c) Terms of initial commission members shall be staggered with one (1) member serving for one (1) year, one (1) serving for two (2) years and one (1) serving for three (3) years.
(d) The governor shall appoint the members of the commission. Except for initial commission members as provided under subsection (c) of this section, the term of each member shall be three (3) years. Upon expiration of their terms, members of the commission shall continue to hold office until the appointment of their successors.
(e) A vacancy that occurs for any reason in the membership of the commission shall be filled within thirty (30) days by the governor. A person appointed to fill a vacancy shall serve for the unexpired portion of the term.
(f) The governor may remove any member of the commission as provided in W.S. 9-1-202 or upon a recommendation of a majority of the commission for any reason.
(g) The commission shall adopt a seal and shall make rules for the administration of this chapter.
(h) As used in this chapter:
(i) Repealed by Laws 2020, ch. 124, § 2.
(ii) "Mixed martial arts" means unarmed combat involving the use, subject to any limitations set forth in this chapter or by rule of the commission, of a combination of techniques from different disciplines of the martial arts including, without limitation, grappling, submission holds, kicking and striking;
(iii) "Unarmed combat" means any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury;
(iv) "Boxing" means boxing, sparring or any form of competition in which a blow is usually struck that may reasonably be expected to inflict injury and where the only authorized strikes are punches using padded gloves over the hands;
(v) "Commission" means the Wyoming combat sports commission.
33-48-102. Wyoming combat sports commission; powers and duties; subpoenas; oaths.
(a) The commission shall keep a full and accurate record of all acts and doings of the commission. The commission shall prepare for service of notices and other papers as may be necessary and shall have the power to administer oaths and issue subpoenas in all matters pertaining to the administration of the commission's duties. Falsely swearing before the commission shall be attended by the same consequences and be subject to the same penalties as if the disobedience or false swearing occurred in an action in the district court.
(b) A majority of the commission constitutes a quorum for meetings and the transaction of business. The act of the majority of members of the commission shall be the act of the commission. The commission shall meet as often as needed, but not less than four (4) times a year. The meetings shall be held in accordance with W.S. 16-4-401 through 16-4-407. The commission shall keep permanent records of its meetings.
(c) Any subpoena issued by the commission shall be subject to the following:
(i) The subpoena shall describe the objects required to be produced and shall prescribe a return date within a reasonable period of time within which the objects can be assembled and made available. If any tangible materials subpoenaed are located outside of this state, the person to whom the subpoena is issued shall make the materials available to the commission at a convenient location;
(ii) At any time before the return date specified on the subpoena, the person summoned may, in the district court in which the person resides or does business, petition for an order modifying the subpoena, setting aside the subpoena or prohibiting disclosure of specified materials;
(iii) If any party fails or refuses to obey a subpoena, the attorney general may, upon request of the commission and reasonable notice to all affected persons, apply to the district court for an order compelling compliance.
33-48-103. Wyoming combat sports commission; per diem; mileage.
Commission members shall receive as compensation the salary, per diem and mileage allowance as allowed to state legislators for each day or portion thereof in which they are engaged in the performance of their duties, payments of the same to be made out of the Wyoming combat sports commission's appropriation. Provided, that if any state officer is appointed to act as a commission member, compensation for the services shall not be reimbursed except for any necessary expenses incurred or paid subject to the submission of appropriate receipts.
33-48-104. Wyoming combat sports commission; report to legislature; repeal of chapter.
(a) The commission shall make a full report to the joint travel, recreation, wildlife and cultural resources interim committee of all proceedings during the two (2) years preceding the first day of December before the beginning of the general session of the legislature. The report shall contain a statement of persons, clubs, organizations or corporations issued licenses, the number of licenses revoked, suspended or denied, the gross receipts from each person, club, organization or corporation, and other information and comments in relation to the work of the commission as public interest may require.
(b) If the commission raises fees pursuant to W.S. 33-48-108(b) and determines that the money received under this chapter remains insufficient to continue operations, the commission shall report that information to the legislature and shall not request any appropriation from the legislature. W.S. 33-48-101 through 33-48-117 are repealed, effective upon adjournment of the first legislative session convened after the date a report under this subsection is made.
33-48-105. Jurisdiction over mixed martial arts and boxing matches and licenses; power of municipalities.
(a) The commission shall have sole direction, management, control of, and jurisdiction over, all mixed martial arts and boxing matches to be conducted, held or given within the state. No mixed martial arts or boxing match shall be conducted, held or given within the state except pursuant to a license granted by the commission and in accordance with the provisions of this chapter and the rules and regulations of the commission. Every license shall be subject to such rules as the commission may prescribe. The commission may, at its discretion, issue and for cause revoke, deny or suspend a license to conduct, hold or give a mixed martial arts or boxing match. The commission shall have full power and authority to limit the number of mixed martial arts and boxing matches to be held or given by any person, club, organization or corporation in this state. No provision of this chapter shall prevent any incorporated city or town from prohibiting by ordinance any mixed martial arts or boxing match, provided that no match shall be held other than in compliance with this chapter.
(b) Any person, club, organization or corporation in this state seeking to hold a boxing match may seek a license for the match from another state's boxing commission, agency or regulatory body, subject to approval of the Wyoming combat sports commission. A license issued pursuant to this subsection shall be subject to the rules and regulations of the issuing state's regulatory body.
Application for a license to conduct mixed martial arts and boxing matches shall be in writing, shall be addressed to the commission and shall be verified by the individual promoter or by an officer of the club, organization or corporation on whose behalf the application is made. The application shall be accompanied by a fee as established by the commission in accordance with W.S. 33-1-201. The application shall show that the club, organization or corporation has been in existence not less than thirty (30) days. Before any license is issued under this chapter to any person, club, organization or corporation, the applicant shall file with the state treasurer a bond in an amount established by the commission, not to exceed the greater of ten thousand dollars ($10,000.00) or the total estimated expenses associated with the match, with good and sufficient surety, conditioned for the faithful performance of the conditions of this chapter. The applicant shall provide an estimate of the expenses for the match based on matches held at venues with similar audience capacity and other relevant factors. The commission shall verify that the application contains a good faith estimate of anticipated expenses for the match.
33-48-107. Report of person, club, organization or corporation; admission fee to be paid.
(a) Every person, club, organization or corporation which exercises any of the privileges conferred by this chapter shall within seventy-two (72) hours after the determination of every match:
(i) Furnish to the commission, or its representative, a written report, verified by the individual promoter or an officer of the club, organization or corporation. The report shall show the number of tickets sold for the match, the amount of gross proceeds from the match and other matters as the board may prescribe; and
(ii) Pay to the commission a fee of five percent (5%) of its total gross receipts from the sale of tickets of admission and admission fees to any mixed martial arts or boxing match.
(a) All money received by the commission under this chapter shall be deposited with the state treasurer and credited to the Wyoming combat sports commission account, which is hereby created.
(b) If at any time the commission determines that the money received under this chapter is insufficient to continue operations without additional state funding, the commission shall increase fees in accordance with W.S. 33-1-201 to the extent required to continue operations. If the commission raises fees under this subsection and the money received under this chapter remains insufficient to continue operations, the commission shall provide a report to the legislature as specified in W.S. 33-48-104(b).
Whenever an amateur mixed martial arts or boxing match is held by any person, club, organization or corporation, and the match is not for pecuniary profit, the provisions of this chapter shall not apply.
The commission shall appoint official representatives designated as commission representatives for the state. Each commission representative shall receive from the commission a card authorizing him to act as a representative wherever the commission may designate him to act. Except as provided in W.S. 33-48-109, a commission member or commission representative shall be present at all matches conducted for pecuniary profit and see that the rules and regulations of the commission are strictly observed. A commission representative may also be present at the counting of the gross receipts and, if present, shall without undue delay provide to the commission the written report received by the commission representative from the individual promoter or officer of the club, organization or corporation showing the number of tickets sold, the gross amount of proceeds and other matters as the commission may prescribe. The commission may establish compensation for, and pay, any commission representatives appointed under this section from fees deposited in the Wyoming combat sports commission account in accordance with W.S. 33-1-202 and this chapter.
(a) The commission shall promulgate rules and regulations regarding the conduct of matches not inconsistent with this chapter or the unified rules of mixed martial arts and the unified rules of boxing adopted by the association of boxing commissions.
(b) No betting or wagering at any mixed martial arts or boxing match shall be permitted by any person directly associated with the mixed martial arts or boxing match, including the contestants, spectators and members of the club or organization, before, after or during any match, in or around the premises where the match is held. Nothing in this subsection shall be construed to prohibit betting or wagering as may be allowed by law away from the premises where the match is held, or to authorize betting or wagering otherwise prohibited by law.
Each contestant shall be examined not more than twelve (12) hours prior to a mixed martial arts or boxing match by a physician who has been licensed to practice in Wyoming and who has been designated by the commission. The physician shall certify in writing, over his signature, as to the contestant's physical condition to engage in the match. The physician's compensation shall be provided by the individual promoter or entity unless otherwise agreed.
No person shall act as a referee to a mixed martial arts or boxing match without a certificate granted by the commission. The commission is authorized to grant certificates to competent referees upon the application and the payment of an annual fee as established by the commission in accordance with W.S. 33-1-201 and the commission may revoke any certificate granted to any referee for cause as the commission may deem sufficient.
33-48-114. Penalty for contestants violating rules of commission.
(a) In addition to any penalty imposed under W.S. 33-48-117, any contestant who shall be found to be in violation of any rule or regulation of the commission shall be penalized as follows:
(i) For the first offense he shall be restrained by order of the commission from participating in any mixed martial arts or boxing match to be held or given by any person, club, organization or corporation licensed to give or hold any mixed martial arts or boxing match for a period of not less than three (3) months nor more than one (1) year at the discretion of the commission;
(ii) For a second offense he shall be disqualified from further admission or participation in any mixed martial arts or boxing match, held or given by any person, club, organization or corporation licensed under this chapter.
33-48-115. Failure to make reports; unsatisfactory reports; examination of records, officers.
Whenever any person, club, organization or corporation fails to make a report of any match at the time prescribed by this chapter, or whenever the report is unsatisfactory to the commission, the commission may examine or cause to be examined, the books and records of the person, club, organization or corporation, and examine under oath its officers and other persons as witnesses for the purpose of determining the total amount of its gross receipts for any match and the amount of monies due pursuant to the provisions of this chapter. The commission shall determine the amount due based upon the results of the examination. Should the person, club, organization or corporation fail to pay any monies determined to be due, together with the expenses incurred in making the examination, for a period of twenty (20) days after notice of the amount due by the commission, the person, club, organization or corporation shall forfeit its license and shall be disqualified from receiving any new license or any renewal of its license. In addition, the person, club, organization or corporation shall forfeit to the state of Wyoming the bond required to be filed by W.S. 33-48-106, which may be recovered by the attorney general in the name of the state of Wyoming. Appeals of a disqualification under this section may be made as provided in the Wyoming Administrative Procedure Act.
The weights and classes of mixed martial arts and boxing participants and the rules and regulations of mixed martial arts and boxing shall be the same as the weights and classes and rules and regulations adopted by the association of boxing commissions in the unified rules of mixed martial arts and the unified rules of boxing, except as otherwise provided in this chapter.
Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(a) As used in this chapter:
(i) "ACAOM" means the accreditation commission for acupuncture and oriental medicine educational institutions, or its equivalent as determined by the board;
(ii) "Acupuncture" means the insertion of acupuncture needles into the body, with or without the application of electric current or heat to the needles, for the therapeutic purpose of promoting, maintaining and restoring health, including the treatment of dysfunctions of the body involving pain;
(iii) "Acupuncturist" means any person to whom a license to practice acupuncture in this state has been issued under this chapter;
(iv) "Auricular acupuncture" means a practice trained by a nationally recognized auricular acupuncture program for the purpose of treating mental and emotional health, post and acute trauma, substance abuse and chemical dependency;
(v) "Board" means the Wyoming board of acupuncture created under this chapter;
(vi) "License" means a license to practice acupuncture in this state issued by the board pursuant to this chapter and consistent with the scope of practice a person is qualified to perform as a result of their NCCAOM diplomate status, post graduate training, NADA certificate of training completion or as otherwise authorized by the board;
(vii) "Licensee" means a person licensed by the board under this chapter;
(viii) "NADA" means the national acupuncture detoxification association, or its equivalent as determined by the board;
(ix) "NCCAOM" means the national certification commission for acupuncture and oriental medicine, or its equivalent as determined by the board.
(a) The Wyoming board of acupuncture is created to implement and administer the provisions of this chapter. The board shall consist of five (5) members who are legal residents of Wyoming. The board shall consist of one (1) member of the public, one (1) member who is NCCAOM certified, two (2) members who have been engaged in the practice of acupuncture for a period of not less than five (5) years immediately preceding appointment to the initial board and one (1) member who is a health care professional licensed pursuant to this title other than this chapter.
(b) The governor shall appoint the members of the board. Of the initial members appointed to the board, two (2) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of four (4) years. Thereafter, the terms of office shall be four (4) years. Each member shall serve until the member's successor is appointed and qualified. No member shall serve more than two (2) consecutive full terms.
(c) Any vacancy on the board shall be filled by the governor for the balance of the unexpired term.
(d) The governor may remove any member from the board pursuant to W.S. 9-1-202.
The board shall meet at least once each year and elect a chairman at the first meeting each year. The board may convene at the request of the chairman or as determined by the board for any other meeting as may be deemed necessary to transact its business. Meetings may be carried out via telecommunications. Three (3) board members shall constitute a quorum.
33-49-105. Reimbursement of expenses and immunity.
(a) Members of the board shall not receive compensation for their services but shall receive mileage and per diem as provided in W.S. 33-1-302(a)(vii) while engaged in the discharge of official duties.
(b) Members of the board shall have the same immunities from personal liability as state employees for actions taken in the performance of their duties under this chapter, as provided in W.S. 1-39-104.
(a) The board shall:
(i) Administer this chapter;
(ii) Determine the following standards for licensees:
(A) Continuing education requirements;
(B) Professional conduct standards;
(C) Ethical standards of practice.
(iii) Approve or disapprove applications for licensure and issue licenses, renewals and reinstatements;
(iv) Establish tiered licensing as necessary for the purpose of differentiating auricular acupuncture;
(v) Censure, suspend or revoke licenses as provided in this chapter and the Wyoming Administrative Procedure Act;
(vi) Initiate and conduct investigations, hearings and proceedings concerning alleged violations of this chapter and board rules;
(vii) Keep a record of all proceedings and make available to licensees and other concerned parties an annual report of all board action;
(viii) Establish application and licensure fee requirements for licensees regulated under this chapter;
(ix) Prescribe fees in accordance with W.S. 33-1-201 for implementing this chapter;
(x) Promulgate rules and regulations as necessary to carry out this chapter.
(b) The board may employ or contract with individuals it determines necessary to administer its affairs and provide support services.
(c) All fees collected by the board shall be deposited by the state treasurer to the credit of the Wyoming board of acupuncture account. Disbursements from the account shall not exceed the monies credited to it. The account shall be used by the board to defray costs incurred in the administration of this chapter.
33-49-107. Licensure required; components; exemptions; other licensed health care professionals.
(a) Beginning January 1, 2018, unless the person is licensed to practice acupuncture in compliance with this chapter and the rules and regulations adopted pursuant thereto, no person shall:
(i) Practice acupuncture or hold himself out as an acupuncturist or as being able to practice acupuncture in Wyoming;
(ii) Use the title of acupuncturist or any variant thereof; or
(iii) Use any configuration of letters, including L. Ac., after his name indicating a degree in acupuncture.
(b) Any license issued under this chapter shall:
(i) Be issued in the name of the licensed acupuncturist;
(ii) State the licensing and expiration dates; and
(iii) Be displayed at all times in a conspicuous manner in the place of business or employment of the licensee.
(c) The following persons are exempt from this chapter's licensure requirements:
(i) An acupuncturist licensed to practice acupuncture in another jurisdiction while teaching or demonstrating or providing acupuncture in connection with teaching or participating in an educational seminar in Wyoming. Any exemption under this paragraph shall not exceed sixty (60) days cumulatively in a calendar year;
(ii) An acupuncturist licensed in another jurisdiction who enters this state to provide acupuncture during a natural disaster or a public health emergency, as declared by the governor pursuant to W.S. 35-4-115(a)(i);
(iii) With board approval, a person in training may practice acupuncture provided all services are performed under the direct supervision of an acupuncturist licensed in this state.
(e) Nothing in this chapter shall be construed to prohibit or restrict any other licensed health care provider in this state from practicing acupuncture within their statutory scope of practice. However, no person may represent themselves as an acupuncturist in any manner unless licensed in accordance with this chapter.
33-49-108. Application for license; renewal and reinstatement; qualifications; fees; reporting.
(a) An applicant for licensure to practice acupuncture under this chapter shall:
(i) Apply for licensure with the board by providing an application in the form and manner prescribed by the board;
(ii) Pay the required fees established by the board; and
(iii) Furnish to the board evidence that the applicant has:
(A) Graduated from an accredited ACAOM program and passed NCCAOM examination;
(B) Graduated from an accredited ACAOM program and continuously practiced acupuncture in this state for at least ten (10) years before January 1, 2018;
(C) Completed other examination, education or apprenticeship processes the board considers substantively qualifying; or
(D) NADA certificate of training completion, if applying for an auricular acupuncturist license.
(b) Licenses shall be renewed or reinstated according to a schedule established by the board pursuant to this chapter. If a licensee fails to renew a license pursuant to the schedule established by the board, the license shall expire and the licensee shall not practice acupuncture in this state.
(c) An applicant for licensure or licensee shall report any pending or final administrative or disciplinary actions, or other judgments, as well as the terms of any settlement or other disposition of an action or judgment, against the applicant or licensee involving malpractice or improper practice of acupuncture, whether occurring in Wyoming or in any other jurisdiction upon application for licensure, renewal or reinstatement, or not later than thirty (30) days after the licensee becomes aware of such actions or judgments.
(a) The board may issue a license by endorsement to practice acupuncture in Wyoming to an applicant who is licensed to practice acupuncture in another state subject to the following:
(i) The other state shall have substantially equivalent acupuncture licensure requirements as Wyoming, including similar licensure by endorsement provisions for licensees of this state;
(ii) The applicant shall not have any disciplinary actions pending at the time of application;
(iii) The applicant shall not have had a license to practice acupuncture suspended or revoked in this state or any other; and
(iv) The person shall adhere to all requirements of continuing education and ethical standards established by the board.