Chiropractic Examiners, Board of

Chiropractic Examiners, Board of

Chapter 7: Process and Procedure for Application, Licensure, and Disciplinary Matters

Effective Date: 03/29/2018 to 07/05/2023

Rule Type: Superceded Rules & Regulations

Reference Number: 030.0001.7.03292018

CHAPTER 7

PROCESS AND PROCEDURE FOR APPLICATION, LICENSURE, AND DISCIPLINARY MATTERS

Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:

1. (a) Conduct investigations, hearing and proceedings concerning:
2. (i) Actions relating to an application for a license, including granting or denying; or
3. (ii) Alleged violations of the Act or other Board Rules.
4. (b) Determine and administer appropriate disciplinary action against an applicant or licensee.
5. (c) For purposes of this chapter, "licensee" means a chiropractor issued a license by the Board or an intern issued a permit to practice chiropractic in Wyoming.

Section 2. Grounds for Disciplinary Action. The Board may take disciplinary action or refuse to issue or renew a license for one (1) or more of the following acts or conduct:

1. (a) Failure to conform with the Code of Ethics of the ACA or the ICA as incorporated by reference in Chapter 1;
2. (b) Inability to function with reasonable skill and safety for the following reasons, including but not limited to:
3. (i) Substance abuse/dependency or clinically diagnosed substance use disorder; or
4. (ii) Physical or mental disability, including cognitive impairment or other impairment from consumption of drugs or alcohol;
5. (c) Immoral, unprofessional, or dishonorable conduct;
6. (d) Violation of professional boundaries, including, but not limited to:
7. (i) Harassment, intimidation or abuse, sexual or otherwise, of a client or patient;
8. (ii) Engaging in sexual intercourse or other sexual contact with a client or patient; or

(iii) Exercising undue influence to exploit a patient, student or supervisee for financial or other personal advantage to the practitioner or a third party;

(e) Practicing outside the areas of professional competence as established by education, training, and experience;

(f) Practicing below the applicable standard of care;

(g) Malpractice or negligence in the practice of chiropractic;

(h) Fraud or deceit, including, but not limited to: prescription fraud, falsification of a medical record, omission of required information or submission of false information;

(i) Disciplinary action taken by another state against a licensee;

(j) Conviction of any crime or offense that reflects the inability of the practitioner to practice chiropractic with due regard for the health and safety of clients or patients;

(k) Failure to comply with reasonable requests from the Board including, but not limited to, failing to:

(i) Answer the administrative complaint;

(ii) Respond to request for explanation for failure to disclose required information; or

(iii) Cooperate in the investigation;

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

(m) Failure to appropriately supervise; or

(n) Practicing without a valid license.

Section 3. Application Review and Investigation Process.

(a) Application Review and Investigation. In application matters:

(i) Every applicant bears the burden of satisfying license requirements; and

(ii) Every application for a license issued by the Board shall be subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied.

(b) ARC Action. Following investigation, the ARC may recommend:

(i) A license be issued, renewed, restored, relicensed, or reinstated;

(ii) A license be issued, renewed, restored, relicensed, or reinstated subject to conditions, restrictions, or other disciplinary action;

(iii) Approval of a settlement agreement, which may include the issuance, renewal, restoration, relicense, or reinstatement of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination there of; or

(iv) Denial of the application.

(c) Notice of Intent. The ARC shall notify the applicant of its intent to recommend approval of the license subject to conditions, restrictions, or other disciplinary action or denial of the application. Such notification shall contain:

(i) A brief description of the facts or conduct that warrant the issuance or denial of a license subject to conditions, restrictions, or other disciplinary action;

(ii) A statement of the nature of the actions that warrant the issuance or denial of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the Act or the Board Rules; and

(iii) Notice of the right to a hearing if a written request is received by the Board Office within thirty (30) days of the date of mailing the Notice of Intent.

(d) Applicant's Request for Hearing. If the ARC recommends denial of an application, the applicant may request a contested case hearing in writing within thirty (30) days of the mailing of the notification.

Section 4. Complaint Review and Investigation Process.

(a) Complaint Review and Investigation. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by an IC.

(b) Voluntary Surrender. A licensee may petition the Board in writing to voluntarily surrender his or her license. The Board shall consider the petition at its earliest convenience. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.

(c) IC Action. Following investigation, the IC may recommend:

(i) Dismissal of the complaint;

(ii) Issuance of a notice of warning;

(iii) Approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof;

(iv) Disciplinary action, which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof; or

(v) Summary suspension.

Section 5. Summary Suspension.

(a) Recommendation. If the IC recommends summary suspension, the Board shall conduct an expedited proceeding to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.

(b) Notice of Intent to Recommend Summary Suspension.

(i) The IC shall notify the licensee of its intent to recommend summary suspension.

(ii) The Notice of Intent shall contain:

(A) Copy of the complaint;

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

(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, the IC shall notify the licensee of the date and time of the proceeding.

Section 6. Formal Proceedings for Disciplinary Action.

(a) Notice of Intent to Recommend Disciplinary Action.

(i) The IC shall notify the licensee of its intent to recommend disciplinary action.

(ii) The Notice of Intent shall:

(A) Include a brief description of the facts or conduct which warrant the intended action; and

(B) Provide the licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.

(b) Informal Conference. The licensee may request an informal conference to provide any additional information or to resolve an administrative complaint without a hearing.

Section 7. Petition. The IC shall initiate formal proceedings for disciplinary action by serving a Petition and Notice of Hearing to the licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication or by personal service at least thirty (30) days prior to the date set for hearing.

Section 8. Notice of Hearing.

(a) Hearing. Upon receipt of a written request for hearing from an applicant or commencement of formal proceedings for disciplinary action against a licensee, the Board shall conduct a hearing. The Board shall serve a Notice of Hearing on the applicant or licensee.

(b) Notice of Hearing. The Notice of Hearing shall contain:

1. (i) The name and last known address of the applicant or licensee;
2. (ii) A brief statement of the matters asserted relating to:

(A) The recommendation to deny the application, the facts upon which the recommendation to deny is based, the statutory provisions and/or the Board Rules the applicant is alleged to have violated; or

(B) The nature of the Petition, the facts upon which the Petition is based, the statutory provisions and/or the Board Rules the licensee is alleged to have violated;

1. (iii) The time, place, and nature of the hearing;
2. (iv) The legal authority and jurisdiction; and
3. (v) A statement indicating:

(A) The applicant's failure to appear at the hearing or pursue proceedings may result in a dismissal; or

(B) The licensee's failure to answer the allegations contained in the Petition twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.

Section 9. Lawful Service. There shall be a presumption of lawful service for a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these Board Rules sent to the last known address of the applicant or licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication, or by personal service.

Section 10. Dismissal and Default.

(a) Dismissal. The Board may enter an order of dismissal based on the allegations contained in the recommendation to deny in any case where the applicant or the applicant's representative has not appeared at a noticed hearing.

(b) Default. The Board may enter an order of default judgment based on the allegations contained in the Petition in any case where the licensee or the licensee's representative has not answered the allegations contained in the Petition and has not appeared at a noticed hearing.

Section 11. Contested Case Hearing. The hearing officer shall preside over the contested case hearing which shall be conducted pursuant to the WAPA and the Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.

Section 12. Burden and Standard of Proof.

(a) Application/Licensure Matters. The applicant shall bear the burden to prove by a preponderance of evidence that they meet the qualifications for licensure. The burden shall shift to the ARC or IC to prove by clear and convincing evidence that the board should deny the applicant a license. The applicant bears the burden to persuade the Board that the ARC or IC's grounds for denial are insufficient.

(b) Discipline Matters. The IC shall bear the burden to prove by clear and convincing evidence that a licensee violated the Act or the Board's Rules.

Section 13. Board Decision and Order.

(a) Board Action. The Board may resolve an application matter, complaint or Petition by:

(i) Approving the recommendations of the ARC or IC;

(ii) Dismissing a complaint;

(iii) Issuing a notice of warning; or

(iv) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:

(A) Issue, renew, restore, relicense, or reinstate a license;

(B) Issue, renew, restore, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(C) Deny a license, renewal, restoration, relicensure, or reinstatement;

(D) Dismiss the Petition due to lack of clear and convincing evidence; (E) Issue a notice of warning; or (F) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline or a combination thereof. (b) Board Order. The Board shall issue a written decision which shall be sent to the applicant, licensee, or their representative.

Section 14. Judicial Review.

(a) Appeals from decisions of the Board are governed by the WAPA and Wyoming Rules of Appellate Procedure. (b) Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.