Wyo. Code R. 052-0001-1
Medicine, Board of
Chapter 1: License Eligibility, Application & Interviews
Effective Date: 12/12/2007 to 08/11/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 052.0001.1.12122007
Section 1. Authority. These rules are promulgated pursuant to authority granted by W.S. 33-26-202(b)(v) and W.S. 16-3-101 et seq., the Wyoming Administrative Procedure Act ('APA').
Section 2. Purpose. The rules in this chapter are adopted to establish procedures to determine eligibility, set requirements for license applications, establish procedures and requirements for temporary and inactive licensure and establish procedures for interviews of license applicants.
Section 3. Definitions. The definitions contained in W.S. 33-26-102 and those contained in the APA are incorporated herein by this reference. In addition, the following definitions apply to this chapter:
(h) 'Interview' means personal appearance before the board.
(i) 'Interview date' means the day designated by the board for the interview.
(j) 'Lapsed' means the status of a license when the licensee fails to renew the license by July 1 of any year or when the holder of a temporary license fails to appear for an interview at the next board meeting following the date of issuance or fails to submit a written request for extension of a temporary license or when a written request for extension is not approved by the board.
(k) 'Practicing medicine' means any person who in any manner:
(i) Advertises, holds out or represents to the public that he is authorized to practice medicine in this state; or
(ii) Offers or undertakes to prevent, diagnose, correct or treat, in any manner, by any means, method or device any human disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition, injury, deformity or ailment, including the management of pregnancy and parturition; or
(iii) Attaches the title of M.D., D.O., physician, surgeon, osteopathic physician or osteopathic surgeon, doctor, or any other words, letters or abbreviations or any combination thereof when used in the conduct of any occupation or profession pertaining to the prevention, diagnosis or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this state; or
(iv) Practices osteopathy; or
(v) Offers or undertakes to prescribe, orders, give or administer drugs which can only be obtained by prescription according to law;
(vi) Renders a determination of medical necessity or appropriateness of proposed treatment;
(vii) Practicing medicine does not apply to:
(A) Persons rendering medical assistance without compensation at the scene of an emergency, including, but not limited to, physician assistants who may render aid at the scene of an emergency without physician supervision;
(B) Medical students trained in an L.C.M.E. or A.O.A. accredited or board approved school of medicine serving as clinical clerks, residents, [fellows] or interns under the supervision of a physician licensed in this state;
(C) Commissioned medical officers of the United States armed services and medical officers of the United States public health services or the veterans' administration of the United States in the discharge of their official duties or within federally controlled facilities or enclaves, provided that such persons who are licensees of the board shall be subject to the provisions of the act and further provided that all such persons shall be the holder of a full and unrestricted license to practice medicine in one or more jurisdictions in the United States;
(D) Any individual residing in and licensed to practice medicine in another state or country called into this state for consultation by a physician licensed to practice medicine in this state;
(E) Any individual licensed to practice medicine in another state who come to this state to remove human organs from braindead persons;
(F) The treatment of disease, injury, deformity or ailments by prayer or spiritual means provided that federal and state health and sanitation laws, rules and regulations are not violated;
(G) The gratuitous domestic administration of family remedies;
(H) Health care providers licensed under any other chapter of this title engaged in the practice of the profession for which he is licensed;
(I) Any person who practices midwifery if that person does not in any manner:
(1) Advertise, hold himself out or otherwise represent that he is authorized to practice medicine; or
(2) Otherwise perform any of the other acts specified in W.S. 33-26-102(a)(x), except delivering or assisting in the delivery of infants.
(l) 'Reactivation' means after a license has lapsed, the completion of all requirements set forth in W.S. 33-26-305(c) and the board approves the reactivation application;
(m) 'Sexual misconduct' means:
(i) Any behavior by a licensee which involves offers of exchange of medical services for some form of sexual gratification;
(ii) Sexual contact that occurs concurrent with the physician-patient relationship; or
(iii) Any behavior by a licensee toward a patient, former patient, another licensee, an employee of a health care facility, an employee of the licensee or a relative or guardian of a patient that exploits the position of trust, knowledge, emotions or influence of the licensee.
(a) General requirements.
(i) Form. To be eligible for consideration for licensure, an applicant shall submit an application on the form supplied by the board. (ii) Payment of fee. Any application, to be considered, shall be accompanied by the required fee. (iii) Completeness. Any application, to be considered, shall be complete in all respects. (iv) Reference letters. References shall be submitted on format designated by the board.
(A) Three (3) original reference letters are required including at least two (2) from physicians with whom the applicant has practiced or studied. Letters from physicians with whom the applicant has a prospective financial, business or current family relationship are not acceptable.
(B) All letters shall be on the letterhead of the referring physician or his or her facility or school, dated within twelve (12) months of the application date and signed by the referring physician.
(v) Time of submission. An application, to be considered, shall be received in the board office at least fifteen (15) business days prior to the interview date.
(vi) Notification of ineligibility. The board shall issue a written notice of ineligibility to any applicant who does not meet the eligibility requirements or has otherwise failed to submit an application which meets the requirements of the act or these rules.
(vii) Applications shall remain on active status for twelve (12) calendar months from the date the last document completing the application is received in the board office. The applicant is eligible for an interview with the board at any regularly scheduled meeting within the twelve (12) month period following the date of receipt of the last document.
(b) Statutory requirements. An applicant shall demonstrate in his or her application that he or she meets each and all of the requirements of the act or these rules.
(c) A person is ineligible to apply to the board for licensure if he or she has been convicted of or pled nolo contendre to a crime:
(i) Which is categorized as a felony under the laws of the state of Wyoming, regardless of how it may be characterized in the state, territory or country of conviction; and (ii) Which resulted from an act by or omission of such person which in any manner involved the practice of medicine or the use or abuse of the position, status or prescribing privileges of a physician; or
(iii) Which reflects the inability of such person to practice medicine with due regard for the health or safety of his or her patients.
(d) A person who has pled guilty or nolo contendere to any crime other than those described in Ch. 1, sec. 3(c)(i-iii) of these rules that is a felony under Wyoming law in any state or federal court or in any court of similar jurisdiction in another country is eligible to apply for licensure, however, the board may deny licensure based upon such plea or conviction alone.
(e) No exemption from licensure for out-of-state physicians. Any physician rendering medical diagnosis and/or treatment to a person physically present in this state must have a license issued by the board when such diagnosis/treatment is rendered, regardless of the physician's location and regardless of the means by which such diagnosis/treatment is rendered. This regulation shall not apply if an out-of-state physician consults by telephone, electronic or any other means with an attending physician licensed by this board or an out-of-state physician is specifically exempt from licensure under W.S. 33-26-103(a)(i-ix).
Section 5. Licensure. Pursuant to statute, the board may issue the following:
(a) Licenses to practice medicine.
(i) A license to practice medicine, subject to annual renewal; or
(ii) A temporary license to practice medicine pursuant to w.s. 33-26-304; or
(iii) A restricted or conditional license to practice medicine.
(iv) An inactive license. The Board may grant an inactive license to practice medicine if, in addition to meeting all eligibility requirements in W.S. 33-26-303, the applicant files a written affidavit with the board that he/she will not see patients or perform procedures in a clinical or office setting for any type of remuneration, does not in any way hold himself out as actively engaged in the active practice of medicine and annually provides written confirmation to the board that such status is ongoing. An inactive license exempts the licensee from continuing medical education requirements described in Ch. 3, Sec. 6 of these rules. Licensees claiming inactive status who, after investigation, are proven to be receiving remuneration for their clinical services may be subject to disciplinary measures pursuant to W.S. 33-26-408(a)(xxvii).
(v) A volunteer license. The board may grant a volunteer license to practice medicine to be used solely for the provision of medical services to low income, uninsured persons at nonprofit healthcare facilities in this state. Such license may issue to an applicant who provides proof that he/she is retired from the active practice of medicine, provides proof that he/she has maintained a license in good standing in another jurisdiction of the United States or Canada for a period of not less than ten (10) years prior to applying for the volunteer license and signs a notarized statement he/she will not accept any form of remuneration for medical services rendered while in the possession of a volunteer's license and will devote his/her practice exclusively to providing medical care and services to low income, uninsured persons at a nonprofit health care facility in this state. As part of the application process, an applicant for a volunteer medical license who does not hold a current Wyoming license shall complete to the satisfaction of a majority of the board members a personal interview consisting of inquiry and oral response to medical knowledge, personal and professional history and intentions for practicing medicine in this state as described in Ch. 1, Sec. 5 of these rules. Such interview may be conducted by one (1) board member and, if deemed appropriate by the President and Secretary of the board, may be conducted by telephonic means.
(A) Physicians possessing a volunteer's medical license shall:
(1) Annually sign an affidavit affirming that their medical practice continues to be without remuneration, and solely on the premises of a nonprofit health care facility in which health care services are provided for low income, uninsured patients; and
(2) Physicians holding a volunteer's medical license shall obtain and certify continuing medical education as required in Ch. 3, Sec. 6 of these rules.
(B) The board shall set no fees for the application of renewal of a volunteer's medical license.
(b) Interviews.
(i) Successful completion. To be issued a license, an applicant shall successfully complete an interview with the board. The applicant shall demonstrate by oral responses, to the satisfaction of a majority of the board, that he or she is qualified to practice medicine insofar as he or she possesses sufficient medical knowledge and personal and medical experience and character to practice medicine in a safe and competent manner.
(ii) Single interviews. Any applicant who does not possess any of the criteria for a board interview set forth in subsection (iii) below, shall submit to an interview with one or more board members to be conducted during a regularly scheduled board meeting.
(iii) Board interviews. Any applicant whose application demonstrates that he or she possesses one or more of the following characteristics, may be required to submit to an interview before the full membership of the board to be conducted during a regularly scheduled board meeting.
(A) Is sixty-five (65) years old or older;
(B) Has been licensed for more than thirty (30) years;
(C) Has been named as a responsible party in a professional liability suit;
(D) Answers 'yes' to questions on the application form regarding physical or mental impairment, prior disciplinary actions, prior restrictions or conditions on medical licensure or restricted or suspended hospital privileges;
(E) Applicant's credentials do not appear appropriate for declared or indicated area of practice;
(F) The applicant's education and/or training verification documents indicate a longer than normal time frame in which the applicant completed medical education and/or postgraduate training;
(G) The applicant's verification documents indicate more than one attempt at passage of any examination necessary to obtain initial licensure or maintain ongoing licensure; or
(H) The applicant's verification documents indicate failure to pass board specialty recertification examinations; or
(I) Reference from a single interview; or
(J) Whose application for temporary license has been deferred by the board; or
(K) The applicant has not been continuously engaged in the active practice of medicine for a period of twelve (12) months or more or
(L) The applicant has been convicted of or pled guilty or nolo contendere to a charge of driving while under the influence of an intoxicant within five (5) years of the date of his/her application
(iv) Following an interview, the board may:
(A) Grant a license;
(B) Deny the application upon stated reasons;
(C) Allow the applicant to withdraw the application;
(D) Agree in writing signed by the applicant, to the issuance of a license subject to restrictions or conditions; or
(E) Defer action pending completion of an examination such as the special purpose examination (SPEX) or other examination, review, evaluation or course of study designated by the board and/or the board's receipt, review and acceptance of other information requested during the interview.
Section 6. Temporary license. Temporary license to practice medicine means a license to practice medicine for a limited duration issued after application, verification and review for eligibility by the board. A temporary license is effective from the date of issuance until 8:00 o'clock a.m. on the first day of the next following regularly scheduled meeting of the board and shall expire at that time unless an extension has been requested and granted. The board, in its discretion, may extend a temporary license for an additional term no longer than the date of the second regularly scheduled board meeting following the date of issuance of the temporary license.
(a) Consultants. Physicians residing in and licensed to practice medicine in another state or country called into this state for consultation by a physician licensed to practice medicine in this state may practice medicine without first obtaining a Wyoming license for a period not to exceed seven (7) days in any fifty-two (52) week period. Consults of longer duration or greater frequency are not exempt and require licensure.
(b) Physicians in training. The term "medical students" in W.S. 33-26-103 (a)(ii) includes physicians trained in an LCME or AOA accredited or board approved School of Medicine who are participating or serving in a program of clinical clerkship, internship, externship, residency or fellowship training under the supervision of a physician licensed by the Board.
(c) Physician assistants. The term "persons" in W.S. 33-26-103(a)(i) specifically includes currently licensed physician assistants who may render aid at the scene of an emergency without physician supervision.
(a) All fees are non-refundable.
(b) Requested paperwork shall not be processed until appropriate fees are received by the board.
(c) Fees for initial licensure shall be sent in certified funds. Personal checks will be returned to the sender. All other services may be paid for by personal check.
| Initial application for license | $350.00 |
|---|---|
| Temporary license pending next board meeting | $100.00 |
| Extension of temporary license | $100.00 |
| Annual renewal of license | 200.00 |
| Reinstatement of license | $200.00 |
| Reactivation of license | $200.00 |
| Verification of license | $ 25.00 |
| State directories to non-licensees | $ 45.00 |
| Replacement of lost license - pocket size | $ 10.00 |
|---|---|
| wall size | $ 25.00 |
| Physician assistant application | $100.00 |
| Physician assistant renewal | $ 50.00 |
Section 9. Reinstatement of licenses. Whenever the board receives a petition for the reinstatement from a person whose license has been revoked, restricted or suspended by the board:
(a) The executive secretary shall examine the petition to determine whether it meets the requirements and contains the information required by W.S. 33-26-406(a-b) including passage of a minimum of six (6) months from the effective date of the board order or, if the matter has been appealed, six (6) months following the date of final judicial review, and contains specific information regarding the petitioner's fulfillment of any and all conditions and/or compliance with all restrictions imposed upon petitioner by any prior order of the board and/or has corrected the conduct that formed the basis for revocation of petitioner's license.
(b) If the petition does not meet the requirements, the petition shall be returned to the petitioner with a letter stating that it does not meet such requirements and will not be considered unless and until an acceptable petition is submitted.
(c) Upon receipt of the petitioner, the board shall set the matter for hearing in accordance with the provisions of the Wyoming Administrative Procedure Act. The burden of proof upon the petitioner at such hearing shall be to demonstrate, by a preponderance of evidence, that:
(i) Petitioner has corrected the conduct that formed the basis for the revocation/restriction of petitioner's license and that petitioner is able to safely, skillfully and competently resume the practice of medicine; or
(ii) Petitioner has fulfilled all conditions or complied with all restrictions imposed upon petitioner by an prior order of the board, has otherwise corrected the conduct or condition which formed the basis for the restrictions or conditions placed on petitioner's license and is able to safely, skillfully and competently practice medicine in this state.
(d) After a hearing before the board conducted pursuant to subsection (c) of this chapter, the board shall issue specific findings of fact, conclusions of law and a final order:
(i) Reinstating the license without conditions or restrictions;
(ii) Reinstating the license subject to restrictions or conditions;
(iii) Removing or modifying the restrictions or conditions on the license; or
(iv) Denying reinstatement of the license or removal of the restrictions or conditions on the license.
(e) Any final order issued by the board under this section shall be subject to judicial review as provided in W.S. 33-26-407.
(f) If the board denies a reinstatement or removal of restrictions or conditions, future petitions for reinstatement or removal of restrictions or conditions may be submitted not less than on (1) year after the board’s final order denying reinstatement or removal of restrictions or conditions.
(g) Notwithstanding subsections (a) through (d) of this section, if a license is suspended under W.S. 33-26-404(d), the license may re reinstate without a hearing as provided in this section upon receipt of notice from the department of family services that the licensee has complied with the terms of the court order that resulted in the suspension or restriction of the license under W.S. 33-26-404(d).