Wyo. Code R. 036-0001-8
Midwifery, Board of
Chapter 8: Practice and Procedures for Disciplinary, Application and Licensure Matters
Effective Date: 12/10/2015 to 07/18/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 036.0001.8.12102015
Section 1. Board Authorization. The Board is authorized to reprimand, suspend, revoke, refuse to renew, impose probationary conditions, or otherwise restrict the license of any person violating provisions of the Act.
Section 2. Grounds. In addition to the grounds outlined in W.S. 33-46-103, the Board may take action for unprofessional or unethical conduct.
(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.
Section 3. Complaints. All complaints shall be filed with the Board in writing and shall contain:
(a) Name and address of licensee;
(b) Name, address and telephone number of complainant;
(c) Nature of alleged violations;
(d) A short and concise statement of facts relating to the alleged violations; and
(e) Signature of complainant.
(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 settlement agreement which may include the issuance of a license or renewal with the imposition of restrictions, conditions, reprimand or a combination thereof; or
(iii) Recommend denial of the application.
(c) Notice of Intent to Recommend Denial. 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 which 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:
(i) Recommend dismissal of a complaint;
(ii) Recommend issuance of an advisory letter;
(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
(v) Recommend summary suspension.
(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.
Section 6. Notice of Complaint. Notice of Complaint shall be sent by certified or registered mail with return receipt thereof to the licensee’s last known address on file with the Board. It is the licensee’s responsibility to update their address with the Board.
(a) Petition. Formal proceedings for disciplinary action against a licensee shall be commenced by serving a Notice of Hearing and Petition by certified or regular mail at least twenty (20) 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 twenty (20) days shall result in a default judgment.
Section 8. Lawful Service. There shall be a presumption of lawful service of a Petition, 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 or regular mail.
Section 9. Answer or Appearance. The licensee shall file an Answer to the Petition within twenty (20) calendar days of receipt of the Petition or within twenty five (25) days from the date that the Petition was mailed to the licensee, whichever is longer. The Answer shall contain specific responses and defenses to the allegations in the Petition.
Section 10. 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 Petition or appeared at a scheduled noticed hearing.
Section 11. Contested Case Process. The Board hereby incorporates by reference the following uniform rules outlining the entire contested case process and practice that will be followed:
(a) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf.
(b) For these rules incorporated by reference::
(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and
(iii) The incorporated rules are maintained at the Board’s office and is available for public inspection and copying at cost at the same location.
(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 make and enter a written decision and order. The decision and order shall be sent to the applicant, licensee, or their attorneys by certified or regular mail.
Appeals from Board decisions shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.