Wyoming · 33 · statute
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An applicant applying for a license to practice respiratory care shall pay an administrative fee to the board. Fees under this section shall be set by the board in accordance with W.S. 33-1-201. If an applicant fails to complete the requirements for licensing within three (3) years from the date of filing, the application is deemed to be abandoned.
Propose a changeUpon payment of a fee set by the board in accordance with W.S. 33-1-201, the board may issue a temporary permit to practice respiratory care for a period of six (6) months to an applicant for licensing, pending compliance with the requirements for licensing, providing the applicant shows written evidence, verified by oath, that the applicant is currently practicing, or has within the last six (6) months practiced respiratory care in another state, territory or country and was licensed to practice respiratory care in that state or is a student in a committee on accreditation for respiratory care (CoARC) approved respiratory care education program who expects to graduate within the next thirty (30) calendar days. 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 board shall revoke the temporary permit. On expiration of the permit and on payment of an additional fee set by the board in accordance with W.S. 33-1-201, the board may issue a permit to perform respiratory care for an additional period not to exceed twelve (12) months from the date of issuance of the original permit. Reapplication following abandonment of an application shall not entitle the applicant to a permit.
Propose a changeThe board shall issue a license to perform respiratory care to an applicant, who, prior to July 1, 2003, has passed the entry level or advanced practitioner examinations administered by the national board for respiratory care or its equivalent. Other applicants who are not students in a respiratory care education program and have not passed either of the examinations under this section or their equivalents prior to July 1, 2003, and who through written evidence, verified by oath, demonstrate that they are presently functioning in the capacity of a respiratory care practitioner as defined by this act, shall be given a temporary license to practice respiratory care for a period up to five (5) years commencing July 1, 2003. The applicants shall pass the licensure examination administered by the board during the five (5) year period in order to be issued a license to practice respiratory care.
Propose a change(a) A person holding a license to practice respiratory care in this state may use the title, "licensed respiratory care practitioner" and the abbreviation, "L.R.C.P.". (b) A licensee shall show his license when requested.
Propose a change(a) A license shall be renewed annually except as hereafter provided. The board shall mail notices and applications for renewal at least sixty (60) calendar days prior to expiration for renewal of licenses to every person to whom a license was issued or renewed during the preceding renewal period. The licensee shall complete the application for renewal and return it to the board with the renewal fee set by the board in accordance with W.S. 33-1-201 before the date of expiration. (b) Upon receipt of the application for renewal and the fee, the board shall verify its contents and shall issue the license for the current renewal period, which shall be valid for the period stated thereon. The board may establish continuing education requirements for annual renewal of the license. (c) A licensee who allows his license to lapse by failing to renew it, may be reinstated by the board upon payment of the renewal fee and reinstatement fee set by the board in accordance with W.S. 33-1-201 provided that the request for reinstatement is made within thirty (30) days of the end of the renewal period. (d) A respiratory care practitioner who does not engage in the practice of respiratory care during the succeeding renewal period is not required to pay the renewal fee as long as he remains inactive. If he desires to resume the practice of respiratory care, he shall notify the board of his intent and shall satisfy the current requirements of the board in addition to remitting the renewal fee for the current renewal period and the reinstatement fee. (e) The board is authorized to establish reasonable fees for replacement and duplicate licenses.
Propose a changeFees received by the board and any monies collected under this act shall be deposited with the state treasurer, who shall credit the money to a separate account which shall only be used by the board to defray costs incurred in the administration of this act.
Propose a change(a) The board may revoke, suspend or refuse to renew any license or permit or place on probation, or otherwise reprimand a licensee or permit holder or deny a license to an applicant if, after hearing, 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 respiratory care; (ii) Is unfit or incompetent by reason of negligence, habits or other causes of incompetency as defined in the rules and regulations promulgated by the board; (iii) Is addicted to a drug or intoxicant to a degree to render the licensee unsafe or unfit to practice respiratory care; (iv) Is guilty of unprofessional conduct as defined by the rules established by the board, or has violated the code of ethics adopted and published by the board; (v) Has practiced respiratory care after his license or permit has expired or has been suspended; (vi) Has practiced respiratory care under cover of any permit or license illegally or fraudulently obtained or issued; (vii) Has violated or aided or abetted others in violation of any provision of this act. (b) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order.
Propose a change(a) Upon filing of written complaint with the board, charging a person with having been guilty of any of the acts described in W.S. 33-43-115, the administrative secretary, or other authorized employee of the board shall make an investigation. If the board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee, permit holder or applicant at least fifteen (15) calendar days prior thereto. The notice shall be by personal service or by certified or registered mail sent to the last known address of the person. (b) 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. (c) Unless otherwise provided in this act, hearing procedures shall be promulgated in accordance with, and a person aggrieved by a decision of the board may take an appeal pursuant to, the Wyoming Administrative Procedure Act.
Propose a change(a) No person shall practice respiratory care or represent himself to be a respiratory care practitioner unless he is licensed under this act, except as otherwise provided by this act. (b) This act does not prohibit: (i) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the committee on accreditation for respiratory care (CoARC) or its successor. Students enrolled in a respiratory therapy care education program shall be identified as "student-respiratory care practitioner" and shall only provide respiratory care under direct clinical supervision; (ii) Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself out to be a respiratory care practitioner; (iii) Respiratory care services rendered in the course of an emergency; (iv) Respiratory care rendered by persons in the military services or working in federal facilities when functioning in the course of their assigned duties; (v) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training; (vi) An individual, other than a respiratory care practitioner, employed by a home medical equipment company, from installing and maintaining home respiratory equipment, provided he does not perform patient assessment or patient care relating to home respiratory care. (c) Nothing in this act is intended to limit, preclude or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of the state of Wyoming. (d) An individual who, by passing an examination which includes content in one (1) or more of the functions included in this act, offered by a testing body certified by the national commission for health certifying agencies or its equivalent, shall not be prohibited from performing procedures for which they were tested. (e) Nothing in this act shall be construed to permit the practice of medicine.
Propose a change(a) It is a violation of this act for any person to: (i) Sell, fraudulently obtain or furnish any respiratory care permit, license or record, or aid or abet therein; (ii) Practice respiratory care under cover of any respiratory care diploma, permit, license or record illegally or fraudulently obtained or issued; (iii) Practice respiratory care unless duly licensed or otherwise authorized to do so under the provisions of this act; (iv) Impersonate in any manner or pretend to be a respiratory care practitioner or use the title, "licensed respiratory care practitioner," the letters, "L.R.C.P.," or any other words, letters, signs, symbols or devices to indicate the person using them is a licensed respiratory care practitioner, unless duly authorized by license or permit to perform under the provisions of this act; (v) Practice respiratory care during the time his license or permit is suspended, revoked or expired; (vi) Fail to notify the board of the suspension, probation or revocation of any past or currently held licenses, certifications or registrations required to practice respiratory care in this or any other jurisdiction; (vii) Knowingly employ unlicensed persons in the practice of respiratory care in the capacity of a respiratory care practitioner; (viii) Make false representations or impersonate or act as a proxy for another person or allow or aid any person to impersonate him in connection with any examination for licensing or request to be examined or licensed; (ix) Otherwise violate any provision of this act. (b) Any violation of this act is a misdemeanor and upon conviction shall be punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than six (6) months, or both fine and imprisonment for each offense.
Propose a changeThis act may be cited as the "Uniform Athlete Agents Act."
Propose a change(a) As used in this act: (i) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract; (ii) "Athlete agent" means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term does not include a spouse, parent, sibling, grandparent or legal guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. The term includes an individual who represents to the public that the individual is an athlete agent; (iii) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate; (iv) "Contact" means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract; (v) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance; (vi) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics; (vii) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity; (viii) "Professional sports services contract" means an agreement under which an individual is employed or agrees to render services as a player on a professional sports team, with a professional sports organization, or as a professional athlete; (ix) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (x) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (xi) "Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport; and (xii) "This act" means W.S. 33-44-101 through 33-44-114.
Propose a changeBy engaging in the business of an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent to accept service of process in any civil action related to the individual's business as an athlete agent in this state.
Propose a change(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this state unless on the day of initial contact with any student athlete the athlete agent delivers to the student athlete the athlete agent disclosure form as required by W.S. 33-44-105. (b) An individual may act as an athlete agent before delivering an athlete agent disclosure form for all purposes except signing an agency contract if: (i) A student athlete or another acting on behalf of the student athlete initiates communication with the individual; and (ii) Within seven (7) days after an initial act as an athlete agent, the individual delivers an athlete agent disclosure form to the student athlete. (c) An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any consideration received under the contract.
Propose a change(a) The athlete agent disclosure form shall be in a record executed in the name of an individual and signed by the athlete agent under penalty of perjury and, except as otherwise provided in subsection (b) of this section, must state or contain: (i) The name of the athlete agent and the address of the athlete agent's principal place of business; (ii) The name of the athlete agent's business or employer, if applicable; (iii) Any business or occupation engaged in by the athlete agent for the five (5) years next preceding the date of execution of the athlete agent disclosure form; (iv) A description of the athlete agent's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the athlete agent's activities as an athlete agent. (v) The names and addresses of three (3) individuals not related to the athlete agent who are willing to serve as references; (vi) The name, sport, and last known team for each individual for whom the athlete agent provided services as an athlete agent during the five (5) years next preceding the date of execution of the athlete agent disclosure form; (vii) The names and addresses of all persons who are: (A) With respect to the athlete agent's business if it is not a corporation, the partners, officers, associates or profit-sharers; and (B) With respect to a corporation employing the athlete agent, the officers, directors and any shareholder of the corporation with a five percent (5%) or greater interest. (viii) Whether the athlete agent or any other person named pursuant to paragraph (vii) of this subsection has been convicted of a crime that, if committed in this state, would be a felony or other crime that relates to the practice of serving as an athlete agent or to the ability to serve as an athlete agent, and identify the crime; (ix) Whether there has been any administrative or judicial determination that the athlete agent or any other person named pursuant to paragraph (vii) of this subsection has made a false, misleading, deceptive or fraudulent representation; (x) Any instance in which the conduct of the athlete agent or any other person named pursuant to paragraph (vii) of this subsection resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution; (xi) Any sanction, suspension or disciplinary action taken against the athlete agent or any other person named pursuant to paragraph (vii) of this subsection arising out of occupational or professional conduct; and (xii) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the athlete agent or any other person named pursuant to paragraph (vii) of this subsection as an athlete agent in any state. (b) An individual who has submitted an application for, and received a certificate of or a renewal of a certificate of, registration or licensure as an athlete agent in another state may submit a copy of the application and a valid certificate of registration or licensure from the other state in lieu of submitting an athlete agent disclosure form in the form prescribed pursuant to subsection (a) of this section, but only if the application to the other state: (i) Was submitted in the other state within the six (6) months next preceding the date of delivery of the athlete agent disclosure form in this state and the athlete agent certifies the information contained in the application is current; (ii) Contains information substantially similar to or more comprehensive than that required in an athlete agent disclosure form under subsection (a) of this section; and (iii) Was signed by the athlete agent under penalty of perjury.
Propose a change(a) No person may engage in the business of an athlete agent who has: (i) Been convicted of a crime that, if committed in this state, would be a felony or other crime that relates to the practice of serving as an athlete agent or to the ability to serve as an athlete agent; (ii) Made a materially false, misleading, deceptive or fraudulent representation as an athlete agent or in the application for licensure or registration as an athlete agent in another state; (iii) Engaged in conduct prohibited by W.S. 33-44-111; (iv) Had a registration or licensure as an athlete agent suspended, revoked or denied or been refused renewal of registration or licensure in any state; or (v) Engaged in conduct or failed to engage in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution.
Propose a change(a) An agency contract shall be in a record signed by the parties. (b) An agency contract shall state or contain: (i) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (ii) The name of any person other than the athlete agent who will be compensated because the student athlete signed the agency contract; (iii) A description of any expenses that the student athlete agrees to reimburse; (iv) A description of the services to be provided to the student athlete; (v) The duration of the contract; and (vi) The date of execution. (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, AT LEAST SEVENTY-TWO (72) HOURS PRIOR TO ENTERING INTO AN AGENCY CONTRACT AND AGAIN WITHIN SEVENTY-TWO (72) HOURS AFTER ENTERING INTO AN AGENCY CONTRACT; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN (14) DAYS AFTER SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. (d) A copy of the athlete agent disclosure form delivered to the student athlete shall be attached to the agency contract. (e) An agency contract that does not conform to this section is voidable by the student athlete. (f) The athlete agent shall give a copy of the signed agency contract to the student athlete at the time of signing.
Propose a change(a) At least seventy-two (72) hours prior to entering into an agency contract, the athlete agent shall give notice in a record of the existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (b) Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (c) At least seventy-two (72) hours prior to entering into an agency contract, the student athlete shall give notice in a record of the existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student athlete is enrolled. (d) Within seventy-two (72) hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he has entered into an agency contract and shall provide a copy of the athlete agent disclosure form.
Propose a change(a) A student athlete may cancel an agency contract by giving notice in a record to the athlete agent of the cancellation within fourteen (14) days after the contract is signed. (b) A student athlete may not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the agent to induce the student athlete to enter into the contract.
Propose a change(a) An athlete agent shall retain the following records for a period of five (5) years: (i) The name and address of each individual represented by the athlete agent; (ii) Any agency contract entered into by the athlete agent; and (iii) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete. (b) Records required by subsection (a) of this section to be retained are subject to subpoena in a judicial proceeding.
Propose a change(a) An athlete agent may not do any of the following with the intent to induce a student athlete to enter into an agency contract: (i) Give any materially false or misleading information or make a materially false promise or representation; (ii) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (iii) Furnish anything of value to any individual other than the student athlete or another registered athlete agent. (b) An athlete agent may not intentionally: (i) Initiate contact with a student athlete unless providing the student athlete with the athlete agent disclosure form as provided in W.S. 33-44-104; (ii) Refuse or willfully fail to retain or produce in response to subpoena the records required by W.S. 33-44-110; (iii) Fail to disclose information required by W.S. 33-44-105; (iv) Provide materially false or misleading information in an athlete agent disclosure form; (v) Predate or postdate an agency contract; (vi) Fail to notify a student athlete prior to the student athlete's signing an agency contract for a particular sport that the signing by the student athlete may make the student athlete ineligible to participate as a student athlete in that sport; (vii) Ask or allow a student athlete to waive or attempt to waive rights under this act; (viii) Fail to give notice required under W.S. 33-44-108; or (ix) Engage in the business of an athlete agent in this state: (A) At any time after conviction under W.S. 33-44-112; or (B) Within five (5) years of entry of a civil judgment under W.S. 33-44-113.
Propose a changeThe commission of any act prohibited by W.S. 33-44-111 by an athlete agent is a felony punishable by imprisonment of not less than one (1) year, a fine of not more than ten thousand dollars ($10,000.00), or both. In addition to any criminal penalties, the court may assess a civil penalty of up to ten thousand dollars ($10,000.00) for a violation of W.S. 33-44-111. Any penalty collected under the provisions of this section shall be deposited in the public school fund of the appropriate county as required by article 7, section 5 of the Wyoming constitution.
Propose a change(a) An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this act. In an action under this section, the court may award to the prevailing party costs and reasonable attorneys' fees. (b) Damages of an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the activities of an athlete agent or former student athlete, the educational institution was injured by a violation of this act or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions. (c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this section is several and not joint. (e) This act does not restrict rights, remedies or defenses of any person under law or equity.
Propose a changeIn applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter of this act among states that enact it.
Propose a changeThis chapter shall be known and may be cited as the "Wyoming Athletic Trainers Licensing Act."
Propose a change(a) As used in this chapter: (i) "Athlete" means an individual associated with an educational institution, a professional, amateur or recreational sports club, an athletic organization or a physically active occupation participating in exercises, sports, games or employment-related physical activity that require physical strength, agility, flexibility, range of motion, speed or stamina; (ii) "Athletic injury" means: (A) An injury or athletic-related illness or both that affects the athlete's participation or performance in sports, games, exercise or employment-related physical activity; and (B) A condition that is within the scope of practice of an athletic trainer identified by a directing physician as benefiting from athletic training services. (iii) "Board" means the state board of athletic training created under this chapter; (iv) "License" means a current document certifying the athletic trainer has met the qualifications required to perform the functions and duties of an athletic trainer in this state; (v) "Licensed athletic trainer" means a person licensed under this chapter who meets the qualifications set by the board and practices athletic training; (vi) "Practice of athletic training" means the application of the principles and methods of prevention, recognition, evaluation and assessment of athletic injuries and illnesses, immediate care of athletic injuries including common injuries, medical emergencies, psychosocial intervention and referral, conditioning and rehabilitative exercise, nutritional aspects of injuries and illnesses, the use of therapeutic modalities, proper healthcare administration, professional development and the understanding and education of applications, precautions, interactions, indications and contraindications of pharmacology for athletes. "Practice of athletic training" does not include the practice of physical therapy as defined in W.S. 33-25-101(a)(i).
Propose a change(a) The state board of athletic training is created to implement and administer this chapter. (b) The board shall consist of the following three (3) members: (i) Two (2) licensed athletic trainers certified by a nationally accredited credentialing agency with at least five (5) years of training experience prior to appointment; and (ii) One (1) licensed physician with at least five (5) years experience prior to appointment. (c) Terms of initial board 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 board. Except for initial board 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 board shall continue to hold office until the appointment of their successors. No person shall serve as a member of the board for more than two (2) consecutive terms. (e) A vacancy that occurs for any reason in the membership of the board 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 board as provided in W.S. 9-1-202 or upon a recommendation of a majority of the board for any reason.
Propose a changeEach member of the board shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii) while engaged in official business or actual duties of the board. The fees and expenses shall be paid from the funds of the board.
Propose a changeA majority of the board constitutes a quorum for meetings and the transaction of official business. The board shall meet as often as needed, but not less than two (2) times a year.
Propose a changefees; deposit in separate account to fund administration; separate account for enhancing practice of athletic training. (a) The board shall: (i) Administer this chapter; (ii) Promulgate rules and regulations as necessary to carry out this chapter including: (A) Continuing education requirements for the renewal of licenses; (B) Professional conduct; (C) Professional licensure; (D) Ethical standards of practice; (E) Provision of telehealth services; (F) Provision of additional services during a declared state of emergency. (iii) Approve or disapprove applications for licensure and issue licenses; (iv) Censure, suspend or revoke licenses as provided in this chapter and the Wyoming Administrative Procedure Act; (v) Initiate and conduct investigations, hearings and proceedings concerning alleged violations of this chapter and board rules; (vi) Prescribe fees in accordance with W.S. 33-1-201 for implementing this chapter; (vii) Keep a record of all proceedings and make available to licensees and other concerned parties an annual report of all board action. (b) The board may employ or contract with individuals it determines necessary to administer its affairs and to provide necessary support and clerical services. Costs related to these services shall be paid from the funds of the board. (c) All fees collected by the board shall be deposited by the state treasurer to the credit of the state board of athletic training 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. (d) The board may accept federal, state, county, city or private funds, grants or appropriations to enhance the practice of athletic trainers. The funds shall be deposited by the state treasurer in a separate account. The funds shall be paid out upon an authorized voucher duly verified and signed by the chairman of the board, showing that the expenditure is authorized under this chapter. Upon presentation of the voucher, the auditor shall draw the warrant upon the treasurer but no warrant shall be drawn unless sufficient funds are in the account.
Propose a change(a) After July 1, 2010, no person shall use any card, title, letters, insignia or abbreviation indicating that the person is an athletic trainer, except under a license issued in accordance with this chapter and rules adopted pursuant to this chapter. (b) No person licensed as an athletic trainer under this chapter shall engage in the practice of athletic training except under the direction of a physician licensed by the Wyoming board of medicine. (c) Nothing in this chapter shall prevent or restrict the practices, services or activities of: (i) Any person licensed in this state by any other law from engaging in the profession or occupation for which the person is licensed or registered or otherwise regulated; (ii) Any person employed by a school district in this state and holding a coaching endorsement issued by the professional teaching standards board; (iii) Any person serving as a student athletic trainer for a school district or as an undergraduate student intern or trainee, provided the student intern or trainee is given the title of "athletic training student," and the activities of any person acting pursuant to this paragraph are performed under the supervision of a licensed athletic trainer or a person meeting the qualifications of paragraph (ii) of this subsection; (iv) Any person performing athletic training services in this state for no more than thirty (30) days in any calendar year if that person is: (A) Employed by an organization, corporation or educational institution located in another state; and (B) Representing the organization, corporation or educational institution in a short-term event held in Wyoming. (d) Any person engaged in the practice of athletic training who is relocating to this state shall have one hundred twenty (120) days from the date of residency to complete application for licensure.
Propose a change(a) An application for licensure under this chapter shall be on forms prescribed by the board. The application shall show that the applicant has reached the age of majority, is a graduate of an accredited four (4) year college or university in a program of study approved by the board and has passed the examination administered by a national certifying body approved by the board. (b) Fees shall accompany all applications for original licenses, renewal licenses and other applications authorized by this chapter. (c) The board shall issue a license to any applicant who has satisfactorily met all the requirements for licensure imposed under this chapter and board rule and regulation as an athletic trainer. The term of the license shall be not less than one (1) year and may be renewed subject to the requirements of this chapter.
Propose a changeThe board shall prescribe the form and expiration date of licenses. Licenses may be renewed by submitting the required application for renewal and fee to the board before the license expiration date. If a license is allowed to expire, the license may be renewed within a period of ninety (90) days after the expiration date upon payment of the renewal fee. A license which is not renewed within the ninety (90) day period may be reinstated upon payment of all fees due, including a reinstatement fee as established by the board. A license which has not been renewed is not valid. No reinstatement of a license may be granted more than five (5) years after its expiration.
Propose a changePersons licensed to engage in the practice of athletic training under the laws of any other state having requirements substantially equal to those provided for in this chapter may be issued a license to practice in this state solely upon payment of the license fees as provided in this chapter.
Propose a change(a) 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 has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. For purposes of this section, unprofessional conduct includes: (i) Obtaining a license by means of fraud, misrepresentation or concealment of material facts; (ii) Being guilty of unprofessional conduct as defined by the rules of the board or violating the code of ethics adopted and published by the board; (iii) Being convicted of a felony that relates to the practice of athletic training or to the ability to practice athletic training; (iv) Being convicted of an offense involving a controlled substance; (v) Being negligent in the practice of athletic training; (vi) Violating any lawful order, rule or regulation rendered or adopted by the board; and (vii) Violating any provision of this chapter. (b) A denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the board after a hearing in the manner provided by 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 reinstatement. Any person aggrieved by any final action of the board may appeal to the district court under the Wyoming Administrative Procedure Act. (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, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
Propose a change(a) Any person who violates any provision of W.S. 33-45-107 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. Each violation shall constitute a separate offense. (b) The board may seek an injunction in the district court to enjoin any person from violating this chapter.
Propose a changeThis act shall be known and may be cited as the "Midwives Licensure Act".
Propose a change(a) As used in this act: (i) "Board" means the board of midwifery; (ii) "Midwife" means any person who provides primary prenatal, intrapartum and postpartum care by affirmative act or conduct to women and newborns during the childbearing cycle; (iii) "Midwifery" or "practice of midwifery" means providing primary maternity care that is consistent with a midwife's training, education and experience to women and their newborn children throughout the childbearing cycle, and includes identifying and referring women or their newborn children who require medical care to an appropriate health professional; (iv) "This act" means W.S. 33-46-101 through 33-46-108.
Propose a change(a) The board of midwifery is established. The board shall regulate the practice of midwifery in the state to ensure the safety of women and newborn children receiving care from midwives. (b) The board shall license as a midwife any person who applies in the manner prescribed by the board in rules and regulations and who: (i) Pays the fees established by the board pursuant to this act; (ii) Has graduated from a midwifery education program accredited by the midwifery education accreditation council, or a similar successor organization, or has five (5) years experience practicing as a licensed or certified midwife in another state; (iii) Provides proof of current certification as a certified professional midwife by the North American registry of midwives or its successor organization; (iv) Has completed a practicum or course of practical experience meeting the requirements established by rule and regulation of the board; (v) Has provided the board with evidence of successful completion of board approved courses in the treatment of respiratory distress in newborns, pharmacology, the treatment of shock, intravenous therapy and suturing specific to midwives. The board may accept graduation from an accredited program as provided by paragraph (ii) of this subsection as satisfying this requirement if those programs adequately cover these subjects; (vi) Has provided the board fingerprints and other information necessary for a criminal history record background check as provided under W.S. 7-19-201; (vii) Has successfully completed a personal interview with the board, if the board deems an interview appropriate in general or in a specific case; (viii) Has not provided materially false or misleading information to the board; (ix) Has not been convicted of a crime which in the judgment of the board renders the person unfit to practice midwifery. (c) The board may by endorsement license any person as a midwife who applies in the manner prescribed by the board and who: (i) Pays the fees established by the board pursuant to this act; (ii) Is currently licensed or certified by any state with requirements at least as stringent as this state and is in good standing in that state; (iii) Has successfully completed a personal interview with the board if the board deems an interview appropriate in general or in a specific case; (iv) Has provided the board fingerprints and other information necessary for a criminal history record background check as provided under W.S. 7-19-201; (v) Has not provided materially false or misleading information to the board; (vi) Has not been convicted of a crime which in the judgment of the board renders the person unfit to practice midwifery; (vii) Has not been sanctioned in another state without resolution satisfactory to the board. (d) The period of licensure shall be two (2) years and the board shall renew the license upon application, payment of fees and completion of any required continuing education, absent cause to take action pursuant to subsection (e) of this section. (e) The board may revoke, suspend or condition the license of a midwife or require the midwife to practice for a time under the supervision of a person licensed under the Medical Practice Act, a certified nurse midwife or another midwife as appropriate if the board finds the midwife has committed any one (1) or more of the following: (i) Been convicted of a crime which renders the person unfit to practice midwifery; (ii) Violated this act; (iii) Abused or neglected women or newborns under the midwife's care; (iv) Failed to refer women or newborn children in need of care or at risk of needing care beyond the abilities of the midwife to an appropriate health care professional in accord with standards of the national association of certified professional midwives or other national midwife certifying agency established for such purpose which has been reviewed and approved by the board; (v) Provided a level or degree of care indicating a need for additional training of the midwife or additional professional supervision of the midwife. (f) The board may authorize its chairman or executive secretary, if any, to issue a provisional license allowing any of the following: (i) Any person eligible for licensure to practice under the supervision of another midwife, a person licensed under the Medical Practice Act or a certified nurse midwife until the board has the opportunity to act on the person's application for licensure, however this paragraph shall not apply to any person whose license or certificate is under revocation, suspension or disciplinary restriction in another state; (ii) Any person undertaking the practicum required under this act to practice under the supervision of another midwife, a certified nurse midwife or a person licensed under the Medical Practice Act; (iii) Any person licensed or certified in another state with requirements at least as stringent as this state to practice for not more than thirty (30) days to provide education and instruction in midwifery or to act as a locum tenens for a midwife licensed under this act. The board may define by rule and regulation the number of times during a year a provisional license pursuant to this paragraph may be issued. (g) Unless otherwise provided in this act, hearing procedures shall be promulgated in accordance with, and a person aggrieved by a decision of the board may take an appeal pursuant to, the Wyoming Administrative Procedure Act. (h) The practice of midwifery in Wyoming prior to the effective date of this act shall not constitute grounds for the board to deny licensure to or to discipline any person who otherwise qualifies for licensure under this act. (j) The board shall make, adopt, amend, repeal and enforce reasonable rules and regulations necessary for the proper administration and enforcement of this act. The rules adopted by the board shall: (i) Develop uniform and reasonable scope of practice standards for midwifery consistent with W.S. 33-46-102(a)(ii) and (iii), which shall, at a minimum: (A) Prohibit a licensed midwife from providing care for a client with any one (1) or more of the following pregnancy disorders, diagnoses, conditions or symptoms: (I) Placental abnormality; (II) Multiple gestation; (III) Noncephalic presentation at the onset of labor or rupture of membranes, whichever occurs first; (IV) Birth under thirty-seven (37) weeks or after forty-two (42) weeks gestational age; (V) A history of more than one (1) prior cesarean section with no prior vaginal delivery, a cesarean section within eighteen (18) months of the current delivery or any cesarean section that was surgically closed with a classical or vertical incision; (VI) Rhesus factor or other blood group or platelet sensitization, hematological disorders or coagulation disorders; (VII) Preeclampsia; (VIII) Cervical insufficiency or a history of cervical insufficiency. (B) Prohibit a licensed midwife from providing care for a client with a history of any one (1) or more of the following disorders, diagnoses, conditions or symptoms unless the disorder, diagnosis, condition or symptom is being treated, monitored and managed during the current pregnancy by a physician licensed under the Medical Practice Act: (I) Diabetes; (II) Thyroid disease; (III) Epilepsy; (IV) Hypertension; (V) Cardiac disease; (VI) Pulmonary disease; (VII) Renal disease; (VIII) Previous major surgery of the pulmonary system, cardiovascular system, urinary tract or gastrointestinal tract; (IX) Hepatitis. (C) Require a licensed midwife to recommend that a client see a physician licensed under the Medical Practice Act and to document and maintain a record if the client has a history of any one (1) or more of the following disorders, diagnoses, conditions or symptoms: (I) Previous complicated pregnancy; (II) Previous cesarean section; (III) Previous pregnancy loss in second or third trimester; (IV) Previous spontaneous premature labor; (V) Previous preterm rupture of membranes; (VI) Previous preeclampsia; (VII) Previous hypertensive disease of pregnancy; (VIII) Prior infection with parvo virus, toxoplasmosis, cytomegalovirus or herpes simplex virus; (IX) Previous newborn group B streptococcus infection; (X) A body mass index of thirty-five (35) or higher at the time of conception; (XI) Underlying family genetic disorders with potential for transmission; (XII) Psychiatric illness. (D) Require a licensed midwife to facilitate the immediate transfer to a hospital for emergency care, a client with any one (1) or more of the following disorders, diagnoses, conditions or symptoms: (I) Maternal fever in labor; (II) Suggestion of fetal jeopardy such as significant bleeding, thick meconium or abnormal fetal heart tones without delivery imminent; (III) Noncephalic presentation at the onset of labor or rupture of membranes, whichever occurs first; (IV) Second stage of labor longer than two (2) hours without adequate progress; (V) Current spontaneous premature labor; (VI) Current preterm premature rupture of membranes; (VII) Current preeclampsia; (VIII) Current hypertensive disease of pregnancy; (IX) Continuous uncontrolled bleeding; (X) Bleeding which necessitates the administration of more than two (2) doses of oxytocin or other antihemorrhagic agent; (XI) Delivery injuries to the bladder or bowel; (XII) Seizures; (XIII) Uncontrolled vomiting; (XIV) Coughing or vomiting of blood; (XV) Severe chest pain; (XVI) Sudden onset of shortness of breath and associate labored breathing. (E) Require that a licensed midwife recommend to the client that two (2) providers trained in neonatal resuscitation program be present at delivery; (F) Require a licensed midwife to maintain records of all care provided to clients. (ii) Develop a protocol for written informed consent to treatment, which shall include all of the following: (A) The licensed midwife's experience and training; (B) Instructions for obtaining a copy of rules adopted by the board pursuant to this act; (C) Instructions for obtaining a copy of documents adopted by the national association of certified professional midwives that identify the nature of and standards of practice for responsible midwifery practice; (D) Instructions for filing complaints with the board; (E) Notice of the type and liability limits of professional or personal liability insurance maintained by the midwife or notice that the midwife does not carry liability insurance; (F) A written protocol for emergencies that is specific for each individual client, including the following provisions: (I) Transport to a hospital in an emergency; (II) Notification of the hospital to which a client will be transferred upon initiation of the transfer; (III) Accompaniment of the client to the hospital by the midwife, if feasible, or telephone notice to the hospital if the midwife is unable to be present personally; (IV) Transmission of the client's record to the hospital, including the client's name, address, list of known medical conditions, list of prescription or over the counter medications regularly taken, history of previous allergic reactions to medications, the client's current medical condition and description of the care provided by the midwife; (V) Next of kin contact information. (G) A description of the procedures, benefits and risks of home birth, primarily those conditions that may arise during delivery; (H) Any other information required by board rule. (iii) Define a protocol for the use of those drugs approved by the board for administration to mothers and babies. The protocol shall include amounts and methods of obtaining, storing and disposing of approved drugs, indications and contraindications for usage, dosage, route of administration and duration of treatment; (iv) Define a protocol for management of newborns which shall at a minimum include immediate management of respiratory distress or other serious or potentially serious illness in the newborn, ensuring compliance with the newborn screening requirements of W.S. 35-4-801 and ensuring compliance with the relevant portions of vital records reporting pursuant to W.S. 35-1-401 through 35-1-431; (v) Define a protocol for medical waste disposal; (vi) Require midwives to report outcomes of all clients for which the midwife provided services at any point during labor or delivery to the board after each birth. (k) Rules adopted by the board shall not: (i) Require a licensed midwife to have a nursing degree or diploma; (ii) Except as authorized by subsection (f) of this section or as a condition imposed as a disciplinary measure pursuant to W.S. 33-46-103(e), require a licensed midwife to practice midwifery under the supervision of another health care provider; (iii) Except as a condition imposed as a disciplinary measure pursuant to W.S. 33-46-103(e), require a licensed midwife to enter into an agreement, written or otherwise, with another health care provider; (iv) Limit the location where a licensed midwife may practice midwifery; (v) Allow a licensed midwife to use vacuum extraction or forceps as an aid in the delivery of a newborn; (vi) Grant a licensed midwife prescriptive privilege, except as provided in the protocol established pursuant to W.S. 33-46-103(j)(iii); (vii) Allow a licensed midwife to perform abortions. (m) At no less than five (5) year intervals, the board shall examine the reports provided under paragraph (j)(vi) of this section to assess the efficacy of the program.
Propose a change(a) The board shall consist of seven (7) members appointed by the governor including four (4) certified professional midwives, one (1) certified nurse midwife, one (1) physician licensed under the Medical Practice Act who is board certified in either obstetrics and gynecology or family medicine and who has experience in primary maternity care and one (1) consumer of midwifery care. The governor shall have the authority to appoint to the board qualified midwives licensed or certified in another state provided any person appointed becomes licensed in Wyoming within one (1) year of appointment. (b) The initial appointments shall be for staggered terms with three (3) members being appointed for two (2) year terms, three (3) members being appointed for three (3) year terms and one (1) member being appointed for a four (4) year term. Thereafter, members shall be appointed for four (4) year terms. Vacancies shall be filled in the same manner as original appointments. (c) The board shall elect a chairman and a vice chairman from among its membership. A majority of the board shall constitute a quorum. The meetings of the board shall be held at the call of the chairman or whenever a majority of the board members request and shall be held at least three (3) times per year. (d) The attorney general shall provide legal counsel as necessary for the board and shall do so without charge until July 1, 2010 to assist the board in its organization and promulgation of initial rules.
Propose a change