Wyo. Code R. 052-0001-1
Medicine, Board of
Chapter 1: License Eligibility, Application & Interviews
Effective Date: 02/08/2008 to 06/07/2008
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 052.0001.1.02082008
For the 120 days the emergency rules are in effect, the following rules shall apply:
RULES AND REGULATIONS
LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS
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, training and inactive licensure and license renewal and establish procedures and criteria 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:
skill and safety to patients by reason of one or more of the following:
(iv) Practices osteopathy;
(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; or
(vii) Operates or delegates the responsibility to operate a medical device classified as a Class II or Class III medical device by the U.S. Food and Drug Administration unless operation or authorization for operation occurs in a site under the supervision of a person licensed under this chapter.
(vii) “Practicing medicine” does not apply to:
(A) Licensed health care providers rendering medical assistance without compensation during 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 that comes to this state to remove human organs from brain dead 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;
“Reactivation” means the procedure set forth in W.S. 33-26-305(c);
“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 or forms supplied by the board.
(ii) Payment of fee. Any application, to be eligible for consideration, shall be accompanied by the required fee in immediately negotiable funds.
(iii) Completeness. Any application, to be considered, shall be complete in all respects.
(iv) Reference letters. References shall be submitted on a 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 physician providing the reference letter or the letterhead of such physician’s 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 no later than 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 first application document 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. To be eligible for consideration for licensure, an applicant shall demonstrate in his or her application that he or she meets each and all of the requirements of the act, including, without limitation, those requirements set forth in W.S. 33-26-303, and these rules. In the event that the application or other information acquired or received by the board indicates that the applicant is subject to restrictions or conditions imposed by the medical licensing board of another state, the applicant shall not be eligible for licensure by the board unless and until such restrictions and conditions are removed or the medical licensing board of the state that imposed such conditions or restrictions has verified in writing to the board that the applicant is eligible to have such conditions or restrictions removed.
(c) International medical graduates. An applicant who graduated from a school of medicine not accredited by the LCME or AOA shall apply only through the Federation of State Medical Boards Credentials Verification Service (FCVS) and supply additional information as requested by the Board.
(d) A person who has pled guilty or nolo contendere to or has been convicted of a felony or any crime that is a felony under Wyoming law in any state or federal court or in any court of similar jurisdiction in another country may apply for licensure, however, the board may deny licensure based solely upon such plea or conviction.
(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 requirement shall not apply to an out-of-state physician who consults by telephone, electronic or any other means with an attending physician licensed by this board or to an out-of-state physician who is specifically exempt from licensure pursuant to 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.
who do not intend to practice medicine, write prescriptions or engage in clinical activity. The Board may grant an inactive license to practice medicine if, in addition to meeting all eligibility requirements of W.S. 33-26-303, the applicant files a verified affidavit with the board attesting that: (1) he/she shall not see patients or perform procedures in a clinical or office setting for any type of remuneration, (2) he/she shall not in any way hold himself/herself out as actively engaged in the active practice of medicine, and (3) he/she shall submit written confirmation to the board on an annual basis confirming that such inactive status is ongoing. An inactive license exempts the licensee from continuing medical education requirements described in Chapter 3, Sec. 6 of these rules. A holder of an inactive license may not prescribe medications. Licensees claiming inactive status who, after investigation, are proven to be receiving remuneration for providing their clinical services or who prescribe any medication may be subject to discipline pursuant to W.S. 33-26-408(a)(xxvii); or
(v) An Emeritus license. Emeritus licenses are available for physicians holding a current Wyoming license to practice medicine and who reside in Wyoming but who do not engage in active clinical practice, or who are retired or who wish to provide clinical care without remuneration. The board may grant an emeritus 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 emeritus license and signs a notarized statement he/she will not accept any form of remuneration for medical services rendered while in the possession of an emeritus 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 an emeritus 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 Chapter 1, Section 5 of these Rules. Such interview may be conducted by one (1) board member and, if deemed appropriate by the President, Vice President and Secretary of the board may be conducted by telephonic means.
(A) Physicians possessing an emeritus medical license shall:
(I) Annually sign an affidavit affirming that their medical practice continues to be without remuneration; and
(II) Even though physicians holding an emeritus license are not engaged in active clinical practice, the Board expects that they will engage in life-long learning activities to maintain a base of medical knowledge and skills. Therefore, the requirements for continuing medical education noted in Ch. 3, sec. 6 of these rules apply to emeritus licenses. Continuing medical education may also be satisfied by emeritus clinical service in a non-profit health care facility.
(B) The board shall require no fees for the application for, or renewal of, an emeritus medical license.
(vi) Training license. A medical training license issued pursuant to W.S. 33-26-304(c) to an applicant who meets all of the requirements of such statute. The applicant for a training license shall submit an application on a form provided by the board which shall include a certification of enrollment by the program director of the University of Wyoming Family Medicine Residency Program and a fee set by the board. A training license does not confer authority to independently prescribe medications.
(b) Licensure Application Interviews.
(i) Successful completion. As a mandatory prerequisite to the issuance of any license by the board, an applicant must complete a single and/or full board interview. All interviews must be in person and shall consist of oral questions by the board member(s) and oral responses by the applicant. By his or her responses to board questions, the applicant must demonstrate to the satisfaction of a majority of the board, that he or she is qualified to practice medicine in this state, that (1) he or she possesses a minimum fund of general and identified scope of practice medical knowledge appropriate for the applicant's intended practice in this state, (2) he or she possesses sufficient medical training and medical experience appropriate for the applicant's intended practice in this state, (3) he or she possesses personal and professional character and integrity befitting the practice of medicine, and (4) that there are no other factors contained in the application or disclosed in the interview that would demonstrate that the applicant would be unable to practice medicine in a safe and competent manner.
(ii) Single interviews. Any applicant who is not of a status or does not possess any of the criteria set forth in subsection (iii) below, shall submit to an in-person interview with one or more board members to be conducted during a regularly scheduled board meeting or as may otherwise be arranged.
(iii) Full Board interviews. Any applicant whose application demonstrates that he or she is of a status or possesses one or more of the following characteristics or if any Board member believes a full board interview is necessary given the information contained on the application, the applicant may be required to submit to an interview before a quorum of the board members to be conducted during a regularly scheduled board meeting:
suit;
(D) Has answered "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) The application or other information acquired or received by the board appears to indicate that the applicant may not possess sufficient medical training and experience appropriate for the applicant’s intended practice in this state;
(F) The applicant’s education and/or training verification documents indicate an unexplained delay in completion of his or her 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 to maintain ongoing licensure;
(H) The applicant’s verification documents indicate failure to pass board specialty recertification examinations;
(I) The board member(s) conducting a single interview with the applicant determined that there were issues raised by the application and/or the single interview that should be addressed and ruled on by a quorum of the board members;
(J) Whose application for temporary license was denied by the board;
(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
(v) 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 and/or conditions; or
(E) Defer action pending successful completion of an a medical competence examination such as the special purpose examination (SPEX) and/or such other examination, review, evaluation or course of study designated by the board and/or the board’s receipt, review and approval 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 next scheduled interview date established by the board 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 interview date established by the board.
(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 and, therefore, are exempt from the licensure requirements listed herein. 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. “Medical students” are exempt from the licensure requirements listed herein.
(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, such physician assistants are exempt from the licensure requirements listed herein when they are acting under such statutory authorization.
(d) Emergencies. Wyoming physicians and physician assistants and those physicians and physician assistants residing in and who hold full and unrestricted licenses to practice medicine or to practice as a physician assistant in another state or country who come into this state to provide medical care during an emergency or pandemic declared as such by Order of the Governor of this state and/or pursuant to any State Emergency Plan and who comply with all requirements of the board for verification of licensure and identity, may practice medicine or practice as a physician assistant without first obtaining a Wyoming license for the period during which any such emergency or pandemic Declaration or Order remains in effect.
(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 (includes cost of 2 NPDB reports)...$ 400.00
| Temporary license pending next board interview | $ 200.00 |
|---|---|
| Extension of temporary license | $ 200.00 |
| Annual renewal of license | $ 250.00 |
| Reinstatement of license | $ 400.00 |
| Reactivation of license | $ 400.00 |
| Verification of license | $ 35.00 |
| State directories to non-licensees | $ 45.00 |
| Replacement of lost license - pocket size | $ 25.00 |
| Replacement of lost license - wall size | $ 50.00 |
| Physician assistant application | $ 200.00 |
| Physician assistant renewal | $ 100.00 |
| Physician assistant temporary license | $ 100.00 |
| Residency training license | $ 25.00 |
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 petition, 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 any 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 one (1) year after the board's final order denying reinstatement or removal of restrictions or conditions.
(g) Notwithstanding subsections (a) though (d) of this section, if a license is suspended pursuant to W.S. 33-26-404(d), the license may be reinstated or license restrictions removed without a hearing upon receipt of a certified copy of a court order modifying or removing any restrictions, withholding, or suspension of a party's license which had been previously imposed by court order.
(a) All licenses other than temporary licenses to practice medicine shall lapse at 12:01 a.m. on July 1st of each year.
(b) Licensees who provide good cause for failure to submit their applications in a timely manner to the staff of the Board of Medicine will be granted an extension for submitting their application of not greater than sixty (60) days. Any extension of the application deadline greater than sixty (60) days may be granted at the discretion of a majority of the President, Vice President, and Secretary of the Board of Medicine. Nothing herein imposes a duty on the Board of Medicine or its staff to grant an extension to any licensee.