Wyo. Code R. 036-0001-8
Midwifery, Board of
Chapter 8: Practice and Procedures for Disciplinary, Application and Licensure Matters
Effective Date: 07/18/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 036.0001.8.07182018
Section 1. Statement of Purpose. These rules are adopted to implement the Board's authority to:
Section 2. Grounds. In addition to the grounds outlined in Wyoming Statute 33-46-103, the Board may take action for unprofessional or unethical conduct.
(x) Violation and conviction of a charge under W.S. 35-7-1001 et seq., the Wyoming Controlled Substance Act;
(xi) Sexual exploitation of a client, defined as; and
(A) Offering professional services for some form of sexual gratification; or
(B) Sexual contact with a client.
(xii) Willful violation of any provisions of the Act.
(b) Unethical conduct shall be a violation of any provision of the adopted Standards of Practice as set forth in these Rules.
(a) Application Review.
(i) 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.
(ii) If any application, including renewals, reveals any information which merits further investigation, the matter shall be assigned to the ARC.
(b) ARC Action. The ARC may:
(i) Recommend a license be issued or renewed;
(ii) Recommend a license be issued, renewed, relicensed, or reinstated subject to conditions, restrictions, or other disciplinary action;
(iii) Recommend a settlement agreement which may include the issuance of a license or renewal with the imposition of restrictions, conditions, reprimand or a combination thereof; or
(iv) Recommend denial of the application.
(c) Notice of Intent. The ARC shall notify the applicant of its intent to recommend denial. Such notification shall contain:
(i) A brief description of the facts or conduct that warrant the denial of licensure;
(ii) A statement of the nature of the actions which warrant the denial or other authorized action, the facts upon which the denial or other action is based, the specific statutory provisions or the specific Board Rules involved; and (iii) Notice of the right to a hearing if a written request is received in the Board office within thirty (30) days of the date of mailing the letter of the denial.
(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.
(a) Complaint Review. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by a IBM.
(b) IBM Action. The IBM may:
(iii) Recommend a settlement agreement which may include voluntary surrender, suspension, imposition of restrictions or conditions, reprimand or other discipline;
(iv) Recommend disciplinary action against the licensee including revocation, suspension, reprimand, restrictions or conditions, or other discipline; or
(c) Summary Suspension. The Board may conduct an expedited hearing if the IBM believes that the licensee's continued practice presents a danger to the public health, safety or welfare and recommends summary suspension.
(a) Recommendation. If the IBM 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 IBM shall notify the licensee of its intent to recommend summary suspension;
(ii) The Notice of Intent shall contain:
(B) Notice that an expedited summary suspension proceeding shall be set 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 IBM shall notify the licensee in writing of the date and time of the proceeding.
(a) Petition and Complaint. Formal proceedings for disciplinary action against a licensee shall be commenced by serving a petition and complaint and notice of hearing by certified or regular mail at least thirty (30) days prior to the date set for hearing.
(b) Notice of Hearing. The notice of hearing shall contain:
(i) The name and last address of the licensee;
(ii) A statement in ordinary and concise language of the matters asserted, which shall contain the nature of the complaint filed with the Board, the facts upon which the complaint is based, the specific statutory provisions and the specific Board Rules that the licensee is alleged to have violated;
(iii) The time, place and nature of the hearing;
(iv) The legal authority and jurisdiction; and
(v) A statement indicating that failure to respond to the Petition within thirty (30) days shall result in a default judgment.
There shall be a presumption of lawful service of a petition and complaint, notice of hearing, or any other communication required by these Board Rules if sent to the last known address of the licensee or applicant by certified, regular mail, or electronic mail to the e-mail address indicated to be the preferred method of communication.
The Board may enter an order of default judgment based on the allegations contained in the petition and complaint in any case where the licensee or the licensee's representative has not answered the petition and complaint or appeared at a scheduled noticed hearing.
(a) Board Action. The Board may resolve a complaint by:
(i) Approving the recommendations of the IBM or ARC; or
(ii) Conduct a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:
(A) Dismiss the complaint due to lack of clear and convincing evidence;
(B) Issue an advisory letter; or (C) Impose discipline by revocation, suspension, reprimand, restriction, condition, non-renewal, or a combination thereof, for a violation of any provision of the Act or the Board Rules.
(b) Board Order. The Board shall issue a written decision and order. The decision and order shall be sent to the applicant, licensee, or their attorneys by certified or regular mail.
(a) Appeals from decisions of the Board are governed by the WAPA and the 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.