Wyo. Code R. 052-0001-3
Medicine, Board of
Chapter 3: Practice of Medicine
Effective Date: 07/13/1994 to 03/07/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 052.0001.3.07131994
Section 1. Pronouncement of Death. The determination of the cause of death constitutes medical diagnosis and is the practice of medicine as defined in W.S. 33-26-102(a)(x) and requires licensure by the Board prior to such determination.
The pronouncement of death is not a medical diagnosis and does not require prior licensure by the Board.
(a) Applicants/licensees who have been or are now in recovery from chemical and/or alcohol impairment or for other conditions deemed appropriate for ongoing monitoring may, at the Board's discretion, be required to comply with board mandated testing to monitor recovery. (b) When ordered or as agreed to by consent decree, testing shall be done at a licensed medical facility convenient to the applicant's/licensee's residence and/or place of business at intervals determined by the Board. (c) A certified copy of the order/consent decree ordering the testing shall be sent to the facility where the testing is to be done. Execution of the consent decree or acceptance of a license to practice medicine will constitute waiver of applicant's/licensee's objection to release of the order/consent decree to the testing facility. (d) Test results shall be mailed directly to the Board of Medicine for inclusion in the licensee's/applicant's file. Results and documentation thereof shall be confidential board records disclosed only if included in a final order pursuant to the terms of W.S. 33-26-408(c). Results may be disseminated to other licensing agencies, credentialing authorities, etc., if specifically requested, in writing, by the applicant/licensee. (e) All expenses for testing shall be borne by the applicant/licensee and payable directly to the lab/facility where the testing is to be done.
(a) A physician infected with any communicable disease including, but not limited to, HIV, Hepatitis B, etc., shall comply with the provisions of the Medical Practice Act and take appropriate steps to guard against the spread of contagious, infectious or communicable diseases (W.S. 33-26-402(a)(xiv)), take appropriate steps to assure competent patient care if the disease may lead to or cause incapacity or inability to practice medicine safely and skillfully (W.S. 33-26-402(a)(xix)), appropriately adapt medical practice if possessing any physical or mental disability caused by such infectious disease (W.S. 3326-402(a)(xx)) and/or take appropriate steps to insure patient safety if the disease causes physical impairment (W.S. 33-26403).
(b) Failure to comply with and adhere to the provisions set out above may lead to review and appropriate disciplinary action pursuant to W.S. 33-26-402(a).
(c) A physician infected with, or who has reasonable cause to believe he/she is infected with a communicable disease including, but not limited to, HIV, Hepatitis B, shall be aware of and adhere to current scientific knowledge concerning the communicable disease. If the disease is progressive and leads to any disability, the physician shall promptly notify the Board.
(d) A physician who affirmatively answers any question relating to physical or mental infirmity or communicable disease on the application for licensure or annual renewal questionnaire may be requested to supply additional information designated by the Board, and/or may be called to interview before the Board or a Board designated committee. Following the interview and based on the information submitted, the Board may require the physician to submit to appropriate psychiatric, psychological and/or serologic testing at his/her own expense.
(e) All information received by the Board of Medicine during the application and/or renewal process, including but not limited to information concerning physical or mental deterioration and communicable disease, including but not limited to HIV, Hepatitis B, shall remain confidential and shall not be disclosed to any other party or entity without the express written release of the applicant/licensee or where required by law.
(a) Upon a patient's signed, written request, physicians shall make pertinent information in the medical record available to the patient. Physicians shall comply with the patient's written request within a reasonable period. Physicians shall honor a request for a patient's medical record when such request is made in writing and signed by the patient or an individual who is authorized to consent to health care for the patient pursuant to W.S. 3-5-206.
(b) Physicians may provide the medical record or any portion in an accurate, detailed, comprehensive summary of the factual information contained in the complete record. If requested, physicians shall provide copies of pertinent x-rays and other diagnostic records in addition to/in lieu of interpretive summaries.
(c) For purposes of these rules, 'medical records' does not include a physician's personal office notes or personal communications between referring and consulting physicians relating to the patient. A physician may, however, include such notes and communications if appropriate.
(d) If the physician disclosing the medical record believes, in good faith, that releasing any portion of the record would injure the health or well being of the patient, a physician may refuse disclosure of that portion of the record. In such instances, a physician shall document the factual basis and rationale used in deciding against disclosure. A physician may also deny access to patient records if he/she reasonably concludes that access to the health care information requested is otherwise prohibited by law.
(e) A physician may establish reasonable charges for actual costs incurred in providing copies of any portion of a patient's medical record. Such costs may include the cost of reviewing, summarizing and/or copying the records and/or x-rays and diagnostic records. The patient requesting medical records is responsible for payment of all charges incurred in reviewing, summarizing and/or copying the record. A patient shall not be denied a summary or a copy of requested medical records because of inability to pay.
(f) Violation of this rule may be cause for disciplinary action pursuant to W.S. 33-26-402(a)(xxx).
Section 1. Pronouncement of Death. The determination of the cause of death constitutes medical diagnosis and is the practice of medicine as defined in W.S. 33-26-102(a)(x) and requires licensure by the Board prior to such determination.
The pronouncement of death is not a medical diagnosis and does not require prior licensure by the Board.
(a) Applicants/licensees who have been or are now in recovery from chemical and/or alcohol impairment or for other conditions deemed appropriate for ongoing monitoring may, at the Board's discretion, be required to comply with board mandated testing to monitor recovery.
(b) When ordered or as agreed to by consent decree, testing shall be done at a licensed medical facility convenient to the applicant's/licensee's residence and/or place of business at intervals determined by the Board.
(c) A certified copy of the order/consent decree ordering the testing shall be sent to the facility where the testing is to be done. Execution of the consent decree or acceptance of a license to practice medicine will constitute waiver of applicant's/licensee's objection to release of the order/consent decree to the testing facility.
(d) Test results shall be mailed directly to the Board of Medicine for inclusion in the licensee's/applicant's file. Results and documentation thereof shall be confidential board records disclosed only if included in a final order pursuant to the terms of W.S. 33-26-408(c). Results may be disseminated to other licensing agencies, credentialing authorities, etc., if specifically requested, in writing, by the applicant/licensee.
(e) All expenses for testing shall be borne by the applicant/licensee and payable directly to the lab/facility where the testing is to be done.
(a) A physician infected with any communicable disease including, but not limited to, HIV, Hepatitis B, etc., shall comply with the provisions of the Medical Practice Act and take appropriate steps to guard against the spread of contagious, infectious or communicable diseases (W.S. 33-26-402(a)(xiv)), take appropriate steps to assure competent patient care if the disease may lead to or cause incapacity or inability to practice medicine safely and skillfully (W.S. 33-26-402(a)(xix)), appropriately adapt medical practice if possessing any physical or mental disability caused by such infectious disease (W.S. 3326-402(a)(xx)) and/or take appropriate steps to insure patient safety if the disease causes physical impairment (W.S. 33-26403).
(b) Failure to comply with and adhere to the provisions set out above may lead to review and appropriate disciplinary action pursuant to W.S. 33-26-402(a).
(c) A physician infected with, or who has reasonable cause to believe he/she is infected with a communicable disease including, but not limited to, HIV, Hepatitis B, shall be aware of and adhere to current scientific knowledge concerning the communicable disease. If the disease is progressive and leads to any disability, the physician shall promptly notify the Board.
(d) A physician who affirmatively answers any question relating to physical or mental infirmity or communicable disease on the application for licensure or annual renewal questionnaire may be requested to supply additional information designated by the Board, and/or may be called to interview before the Board or a Board designated committee. Following the interview and based on the information submitted, the Board may require the physician to submit to appropriate psychiatric, psychological and/or serologic testing at his/her own expense.
(e) All information received by the Board of Medicine during the application and/or renewal process, including but not limited to information concerning physical or mental deterioration and communicable disease, including but not limited to HIV, Hepatitis B, shall remain confidential and shall not be disclosed to any other party or entity without the express written release of the applicant/licensee or where required by law.
(a) Upon a patient's signed, written request, physicians shall make pertinent information in the medical record available to the patient. Physicians shall comply with the patient's written request within a reasonable period. Physicians shall honor a request for a patient's medical record when such request is made in writing and signed by the patient or an individual who is authorized to consent to health care for the patient pursuant to W.S. 3-5-206.
(b) Physicians may provide the medical record or any portion in an accurate, detailed, comprehensive summary of the factual information contained in the complete record. If requested, physicians shall provide copies of pertinent x-rays and other diagnostic records in addition to/in lieu of interpretive summaries.
(c) For purposes of these rules, 'medical records' does not include a physician's personal office notes or personal communications between referring and consulting physicians relating to the patient. A physician may, however, include such notes and communications if appropriate.
(d) If the physician disclosing the medical record believes, in good faith, that releasing any portion of the record would injure the health or well being of the patient, a physician may refuse disclosure of that portion of the record. In such instances, a physician shall document the factual basis and rationale used in deciding against disclosure. A physician may also deny access to patient records if he/she reasonably concludes that access to the health care information requested is otherwise prohibited by law.
(e) A physician may establish reasonable charges for actual costs incurred in providing copies of any portion of a patient's medical record. Such costs may include the cost of reviewing, summarizing and/or copying the records and/or x-rays and diagnostic records. The patient requesting medical records is responsible for payment of all charges incurred in reviewing, summarizing and/or copying the record. A patient shall not be denied a summary or a copy of requested medical records because of inability to pay.
(f) Violation of this rule may be cause for disciplinary action pursuant to W.S. 33-26-402(a)(xxx).