Wyo. Code R. 052-0001-1
Medicine, Board of
Chapter 1: License Eligibility, Application & Interviews
Effective Date: 01/29/2003 to 12/12/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 052.0001.1.01292003
Section 1. Authority. These rules are promulgated pursuant to authority granted by the W.S. 33-26-202(b)(v) and W.S. 16-3-101 et seq., the Wyoming Administrative Procedure Act ('APA').
Section 2. Purpose. These rules in this chapter are adopted to establish procedures to determine eligibility, set requirements for license applications, establish procedures and requirements for temporary 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:
(a) 'Act' means the Wyoming Medical Practice Act, W.S. 33-26-101 et seq.
(b) 'Applicant' means a person who has fully completed and submitted an application for licensure to the board.
(c) 'Consults' means an ongoing, documented consultative relationship including at least one Wyoming licensed physician.
(d) 'Interview' means personal appearance before the board.
(e) 'Interview date' means the day designated by the board for the interview.
Section 4. Eligibility for licensure.
(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 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 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) 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 a 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.
(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, shall submit to an interview before the board to be conducted during a regularly scheduled board meeting.
(A) Graduate of a medical school not accredited by the LCME or the AOA;
(B) Is sixty (60) years old or older;
(C) Has been licensed for more than thirty (30) years;
(D) Has been named as a responsible party in five (5) or more malpractice actions;
(E) 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;
(F) Applicant's credentials do not appear appropriate for declared or indicated area of practice;
(G) Reference from single interview; or
(H) Whose application for temporary license has been deferred by the board.
(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. Upon appropriate written request explaining the circumstances for the requested extension and payment of a fee, a temporary license may be extended for a period not to exceed 180 continuous days or until 8:00 o'clock a.m. on the first day of the next regularly scheduled board meeting, whichever comes first.
Fees are non-refundable.
Requested paperwork shall not be processed until appropriate fees are received 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. 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 L.C.M.E. or A.O.A. 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.
Section 8. Fees. Pursuant to W.S. 33-26-307(a) the board shall collect the following fees:
| 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 | $ 50.00 |
| State directories to non-licensees | $ 40.00 |
| Replacement of lost license - pocket size | $ 10.00 |
| wall size | $ 25.00 |
| Physician assistant application | $100.00 |
| Physician assistant renewal | $ 50.00 |
| Examination fees: | |
| USMLE-Step III | $360.00 |
| SPEX (special purpose exam) | $400.00 |
All fees shall be payable to the Wyoming board of medicine in the form of check, cashier's check or money order.
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 contains the information required by W.S. 33-26-406(b):
(i) 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.
(ii) If the petition conforms to such requirements, the executive secretary shall send the petition to the president and secretary of the board.
(b) The president and secretary shall then review the petition and determine whether the information included in or with the petition demonstrates that the petitioner is no longer impaired and is able to safely, skillfully and competently resume the practice of medicine in this state:
(i) If the petition does not contain sufficient information or if the information provided does not demonstrate that the petitioner is no longer impaired and is able to safely, skillfully and competently resume the practice of medicine in this state, the president and secretary shall recommend to the board that the petition be denied. Such recommendation shall be voted on by the board by written ballot or at a regularly scheduled board meeting.
(A) If the board accepts the recommendation of the president and secretary, it shall enter findings of fact, conclusions of law and an order of denial.
(B) If the board does not accept the recommendation of the president and secretary, it may:
(I) Require the petitioner to come before the board for a personal interview regarding such petitioner or
(II) Grant the petition.
(ii) If the petition does contain sufficient information to demonstrate that the petitioner is no longer impaired and is able to safely, skillfully and competently resume the practice of medicine in this state, the president and secretary shall recommend to the board that the petition be granted and the license be reinstated. Such recommendation shall be voted on by the board by written ballot or at a regularly scheduled board meeting.
(A) If the board accepts the recommendation of the president and secretary, an order shall be entered granting the petition and directing that the petitioner's license be reinstated.
(B) If the board does not accept the recommendation of the president and secretary, it may:
(I) Require the petitioner to come before the board for a personal interview regarding such petition; and
(II) Grant the petition or
(III) Deny the petition.