Wyo. Code R. 052-0001-5
Medicine, Board of
Chapter 5: Pract. & Proc. for Disciplinary Complaints Against Lic. Physician Asst
Effective Date: 07/13/1994 to 03/07/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 052.0001.5.07131994
commerce/mecidine/05_Pract.Proc._for_Disciplinary_Complaints_Against_Lic._Physician As Agency COMMERCE Commerce, Dept. of Program MECIDINE Board of Medicine Chapter Name Pract. & Proc. for Disciplinary Complaints Against Lic. Physician Asstpter No.5 sstpter No.5
Date Filed 07/13/94 Expr Date Date Repeal Date Document Type RULES
Supr
RULES OF PRACTICE AND PROCEDURE FOR THE CERTIFICATION OF AND FOR THE CONDUCT OF DISCIPLINARY PROCEEDINGS AGAINST PHYSICIAN ASSISTANTS
Section 1. Authority. These rules are promulgated pursuant to authority granted by the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115 and W.S. 33- 26-503 (b) (iv).
Section 2. Purpose. These rules have been adopted to set forth the procedures of the Wyoming Board of Medicine in the certification and regulation of the practice of physician assistants in the State of Wyoming.
Section 3. Definitions. The definitions contained in the Wyoming Administrative Procedure Act and W.S. 33-26-501 are incorporated herein by this reference. In addition, the following definitions of terms used in these rules shall apply:
(a) "Act" means the Medical Practice Act, W.S. 33-26-101 through 33-26-511. (b) "Advisory Council" means Advisory Committee to the Board of Medicine on matters related to physician assistants. (c) "Applicant" means any person who has applied to the Board for issuance, renewal or reinstatement of a Wyoming physician assistant's certificate. (d) "Board" means the Board of Medicine of the State of Wyoming, and its duly authorized agents, representatives and employees. (e) "Board records" means all documentation received by the Board including licensure documentation received from sources other than the applicant and any documentation received in the course of any disciplinary proceeding, including, but not limited to, patient records requested and obtained by the Board, its members, designated agents or Board personnel. (f) "Board secretary" means a duly-qualified member of the Board elected to the position of Secretary. (g) "Complainant" means any identified person, persons, association, or entity including the Board of Medicine or an individual member of the Board, who communicates to the Board in writing, alleging facts which, if proven, would constitute a violation of W.S. 33-26-508 by a physician assistant.
(h) 'Complaint' means a written communication received by the Board with all ages sufficient facts by which the Board can determine the identity of the physician assistant, whether the alleged conduct falls within the Board's jurisdiction and whether the alleged conduct, if proven, would constitute a violation of W.S. 33-26-508 or these rules.
(i) 'Conditions' means certain written specifications imposed by the Board that must be fulfilled by an applicant/licensee.
(j) 'Contested case' means a formal evidentiary proceeding conducted pursuant to W.S. 16-3-107 to 16-3-114.
(k) 'Costs' means those expenses incurred in a hearing to deny, refuse renew or reinstate, revoke, restrict or suspend a license pursuant to W.S. 33-405(a)(viii) and includes, but is not limited to, reasonable attorneys' fees incurred by the Board, hearing officer fees, service fees, subpoena fees, rep fees, lay and expert witness fees, travel and per diem expenses, deposition costs and other costs and expenses incurred in the investigation, discovery, preparation and hearing of any disciplinary matter.
(l) 'Docket' means a continuous, permanent, confidential record of each and every Board action pertaining to a complaint or a denial, and the reasons for the grounds for each and every step in the disciplinary or appeal process, commencing with the first notice of complaint by any complainant or final Order in a denial action. The docket shall reflect each and every incident in any complaint or denial proceeding against any respondent or applicant, including initial, or anonymous inquiries and complaints, whether or not such complaints or inquiries are rendered in writing and whether the Board takes further action on such complaint.
(m) 'Executive Secretary' means a non-Board member hired by the Board pursuant to W.S. 33-26-203(a) and authorized to coordinate and direct Board functions.
(n) 'Hearing officer' means an attorney experienced in administrative who may be appointed by the Board to perform those functions set forth in W.S. 3-112(b) in a contested case.
(o) 'Informal interview' means a confidential meeting with the respondents and two or more interviewers pursuant to W.S. 33-26-202(b)(iii) and 33-26-401 in which the specification of charges, defenses and responses are discussed at initial screening of the complaint and prior to a contested case hearing.
(p) 'Interviewers' are two or more members of the Board, appointed by the President of the Board, or in his absence, the Vice President, and the Secretary, to investigate the complaint against the respondent; conduct an informal interview with the respondent and make recommendation to the President for further Board action.
(q) 'Ledger' means a continual, permanent, public record maintained by the Board. The ledger shall commence with the entry of the initial complaint final Order in a denial action and shall contain the date of the action or complaint, the section(s) of W.S. 33-26-508 relied upon the Board as a basis its action, the disposition of the matter, the disciplinary action taken, if and the date of final disposition. Notwithstanding the foregoing requirement information reasonably likely to disclose the identity of the complainant, applicant, or respondent shall be included in the ledger.
(r) 'Legal custodian' means the Executive Secretary.
(s) 'Licensee' means a physician licensed by the Board to practice medicine in this state.
(t) 'National certification' means certification through the NCCPA or such other proficiency examination recognized by the Board through examination continuing medical education hours.
(u) 'Party' means the Board, the applicant or the respondent.
(v) 'Respondent' means the physician assistant named in a complaint.
(w) 'Restriction' means a Board-imposed limitation on an applicant/licensee's scope of practice.
(x) 'Screening' means a preliminary review by the President and Board Secretary as soon as practicable, but not later than five (5) working days, and a written complaint is by the Board to determine whether the alleged conduct within the Board's jurisdiction and whether the allegations, if proven, would constitute a violation of W.S. 33-26-508 or these rules.
(y) 'Unprofessional conduct' means:
(i) Obtaining or attempting to obtain a certificate by fraud, bribery, or misrepresentation;
(ii) Representing, or allowing another to represent that a physician assistant is a licensed physician;
(iii) Performing a medical procedure without proper supervision by a supervising physician;
(iv) Permitting or allowing any other person to use the physician assistant's certificate;
(v) Advertising the physician assistant's supervised practice in misleading, false, or deceptive manner;
(vi) Obtaining any fee or claim by fraud or misrepresentation;
(vii) Sexual exploitation of a patient;
(viii) Conviction of a felony including pleas of nolo contender (ix) Aiding or abetting the practice of medicine by a person not licensed or certified by the Board;
(x) Violating or attempting to violate or assist in the violation of any provision of this chapter or any other applicable provision of law;
(xi) Prescribing drugs in a manner which violates these rules and/or W.S. 33-26-510;
(xii) Failing or refusing to properly guard against the spread contagious, infectious or communicable diseases;
(xiii) Repeated use of a drug or intoxicant to such a degree as render the physician assistant unable to fulfill the duties of a physician assistant with reasonable skill and safety to patients;
(xiv) Failure or refusal to cooperate with the Board in any investigation, including the failure or refusal to provide explanations for treatment of and/or the prescribing of medications to any patient by the physician assistant and the failure or refusal to provide documents requested by the Board including patient records.
(xv) Unprofessional or dishonorable conduct not otherwise specified in this subsection, including but not limited to:
(A) Any conduct or practice:
(I) Contrary to recognized standards of ethics followed by physician assistants;
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(II) Which does or may constitute a substantial risk of danger to the health or safety of a patient or the public; or
(III) Which may constitute a substantial risk of impairing a physician assistant's ability to safely, skillfully or competently practice as a physician assistant.
(B) Any effort by a physician assistant or such physician assistant's employee, agent or representative to:
(I) Discuss the subject matter of a complaint against the physician assistant, its merits or propriety, with the complainant or the person whose is the subject matter of the complaint without the express written authorization of the Board; or
(II) Discourage, intimidate or otherwise impede a full and vigorous pursuit of any complaint received by the Board.
Section 4. Scope of Practice.
(a) A physician assistant may perform medical services under the supervision of a licensed physician approved by the Board in the area or area which the physician assistant and the physician are experienced. The physician assistant will practice in a dependent relationship with the physician as the agent of that physician.
(b) The physician assistant may work in the office of the supervising physician where primary practice is maintained and on calls outside that office directed by the physician.
(c) The physician assistant may work in an office other than where the physician has his primary practice including calls outside that office as directed by the supervising physician. The physical presence of the supervising physician is not required if the supervising physician and the physician assistant are can easily be in contact with each other by telephone, radio, or other telecommunications.
(d) The physician assistant may work in a hospital or extended care facility with the approval of the governing board of the hospital where the supervising physician is a member of the staff and where the physician assistant is subjected to rules and regulations of the hospital or facility.
(e) The physician assistant may initiate appropriate evaluation and treatment procedures in life-threatening emergency situations, if trained in procedures.
(f) The Board does not recognize or bestow any level of competency upon a physician assistant to carry out a specific task. Such recognition and endowment of skill is the responsibility of the supervising physician. However, a physician assistant is expected to perform with similar skill and efficiency and to be evaluated by the same standards as the physician in the performance of assigned duties.
(g) Nothing in the act shall be construed to prohibit the employment physician assistant by a medical care facility, institution or corporation which such physician assistant functions under the supervision and direction of a physician or group of physicians.
(a) Pursuant to W.S. 33-26-503(v), the Board of Medicine shall appoint Advisory Council to the Board. This committee will consist of at least two (2) members who shall be physician assistants and two (2) members who shall be physicians. Additional members may be appointed at the discretion of the Board. The Advisory Committee is responsible to and will serve at the pleasure of the Board.
(b) The Advisory Committee shall review and make recommendations to the Board, on matters relating to physician assistants that come before the committee including:
(iv) professional conduct
(c) The Advisory Committee will meet in conjunction with the Board for the purpose of interviewing candidates for recommendation to the Board for certification and other matters as directed by the Board.
(d) The Advisory Committee may recommend limitations, denial, suspension or revocation of certification when it finds that the law and/or these rules not being followed.
(a) No person may practice as a physician assistant or represent that or she is a physician assistant without a certificate granted by the Board.
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(b) Application forms must be submitted to the Advisory Committee and Board. They must be complete in every detail, including all supporting documents and required fees. Applications shall include:
(i) A statement of qualifications and related experience of the physician assistant;
(ii) A statement of the professional background of the supervisory physician, including specialty;
(iii) Identification by name, business address, and telephone number of the back-up supervising physician;
(iv) A description of the practice and the way in which the physician assistant will be utilized; and
(v) A proposed method of supervision of the physician assistant for the supervising physician.
Section 7. Qualifications. The Board may grant a physician assistant certificate to an applicant who:
(a) is not less than 21 years of age
(b) has graduated from an accredited physician assistant training program
(c) has successfully completed the NCCPA certification examination or other proficiency examination recognized by the Board
(d) Physician assistants approved by the Board prior to July 1, 1987 not required to complete the proficient examination. The Board may recognize specialty classifications of training of physician assistants. These classifications shall reflect the training and experience of the physician assistant.
(a) The physician assistant and the supervising physician are required to appear before the Advisory Committee for initial certification.
(b) The Board may also elect to request an interview with the candidate.
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(c) If a physician assistant changes primary physician sponsorship, but remains in the same practice situation and location, a letter explaining the change and the reasons shall be submitted to the Board. A subsequent interview may be required if the physician assistant and the physician have not previously met with the Board. This discretion may be left up to the Advisory Committee with concurrence of the Board. If initial certification fees have been paid by the physician and the physician assistant, no further fees will be assessed.
(d) If a physician assistant changes job situations or locations with the State under new physician sponsorship, a new application must be completed. Subsequent interview may be required. This may be at the discretion of the Advisory Committee with concurrence of the Board.
(e) If a physician assistant leaves the state for employment and returns, a new application, fees and interviews will be required.
(f) The Advisory Committee will make its recommendations to the Board regarding certification of a physician assistant to practice in Wyoming. The final decision remains with the Board.
(a) A physician assistant may be issued a temporary certificate until next meeting of the Advisory Committee and Board provided:
(i) the application is completed in every detail.
(ii) all fees are paid.
(iii) the application is approved by the Advisory Committee and the Board.
(b) The Board may extend the temporary certificate at its discretion to a showing of good cause.
(c) A temporary certificate may be issued to a physician assistant who meets all requirements for certification except proficiency examination. A temporary certificate may be issued to allow the physician assistant an opportunity to take the next available examination, such time period not to exceed one (1) year.
(a) A physician assistant may be granted temporary certification to practice as a locum tenens provider if:
(i) The applicant has a non-temporary certificate to practice as a physician assistant in Wyoming and is currently certified, and physician in a locum tenens location with whom the physician assistant will be practicing has satisfied all criteria for the supervision of a physician assistant including an interview, approval of a backup supervising physician, approval of the Advisory Committee and the Board; or
(ii) The applicant has a non-temporary certificate as a physician assistant in another state, is currently certified and provides documentation of active, current practice and meets all other criteria for Wyoming certification except an ongoing supervisory relationship with a supervising physician, and the physician in the proposed locum tenens location with whom the physician assistant will be practicing has met all criteria established by the Board including an interview, approval of a backup supervising physician, approval by the Advisory Committee and the Board for the supervision of a physician assistant.
(b) Locum tenens means the temporary provision of services for a person not exceed sixty (60) days in any calendar year.
(c) Every period of locum tenens practice requires prior notification to the Board on forms supplied by the Board.
(a) All certificates, other than temporary certificates, expire annually on December 31. A physician assistant may renew his/her certificate by sending his/her signature, current address and renewal fee to the Board prior to expiration of current certificate.
(b) The Board may reinstate a lapsed certificate if the applicant pays reinstatement fee and meets the requirements for granting the initial certificate.
(c) A physician assistant may apply for a duplicate certificate if his/her certificate is lost, stolen, or destroyed.
(d) A physician assistant may offer to voluntarily relinquish his/her certificate at any time, however the Board may, at its discretion, refuse to accept such offer.
(a) A fee of seventy-five ($75.00) dollars will be charged for each initial certification as a physician assistant. An annual renewal fee of ten ($10.00) dollars will be due on or before January 1 of each year.
(b) The physician supervisor will be charged ten ($10.00) dollars for initial application, but shall not be charged for renewals.
(c) The Board may, from time to time, formally resolve to amend its schedule, including the fees required by this Section.
(a) The Board shall have the authority to refuse, revoke or suspend certificate of approval of a physician assistant for, but not limited to, the grounds set forth in W.S. 33-26-508 and any of the following reasons if the physician assistant:
(i) has held himself or herself out or permitted another to represent him or her as a licensed physician;
(ii) is a habitual user of intoxicants or drugs to the extent he or she is unable to perform as a physician assistant;
(iii) has been adjudicated mentally incompetent or whose mental condition, in the opinion of the Board, renders him or her unable to safely perform as a physician assistant;
(iv) the supervising physician's right to employ a physician assistant has been withdrawn; or
(v) failed to comply with the Act and these rules.
(b) If the Board denies the license or grants the certificate with restrictions, it shall issue a final Order reflecting such action supported by findings of fact and conclusions of law. Such Order shall be issued by the Board within twenty (20) days after the final action has been taken by the Board.
(c) On the date of issuance of such final order, the Executive Secretary shall send a copy of such Order to the applicant by certified mail the address shown on the application.
An applicant who is denied a license, renewal of a license or reinstatement of a license may appeal such final Order to the district court pursuant to W.S. 16-3-114.
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(a) Commencement of Disciplinary Proceedings.
(i) Proceedings under these rules shall commence when a complainant, who may be a member of the Board, notifies the Board in writing conduct which falls within the Board's jurisdiction and which, if proven, would constitute a violation of W.S. 33-26-508. Said complaint shall clearly identify the complainant by name, address and telephone number (if any).
(ii) On receipt of a complaint, the Executive Secretary shall file stamp the complaint and enter the date of the complaint on the dock and ledger.
(iii) All complaints shall be deemed received on the date of actual receipt by the Executive Secretary of the Board.
(iv) A copy of every written complaint, and every writing in the general nature of a complaint, as well as a report of every oral communication in the nature of a complaint received by the Board shall be filed and maintained in the Board's permanent files and docket.
(v) A copy of every written complaint and every writing in the nature of a complaint, as well as a report of every oral communication in the nature of a complaint received by the Board shall, upon receipt, be sent to the Board's attorney.
(vi) Within five (5) working days after the receipt of a complaint, the President, or in his or her absence, the Vice President, and Board Secretary shall screen the complaint and, if they determine that the complaint alleges conduct by a licensee which falls within the Board's jurisdiction and which, if proven, would constitute a violation of W.S. 33-26 shall appoint two members of the Board as interviewers. Whenever reasonably possible, the interviewers shall include at least one (1) lay Board member. Such inclusion is not reasonably possible, the Executive Secretary shall note finding in the Docket together with the grounds and reasons for said finding.
(b) Notice to the Complainant.
(i) Immediately upon receipt of a complaint, the Executive Secretary of the Board shall notify the complainant in writing of such receipt.
(ii) The notification of the complainant required by this section shall clearly advise the complainant as follows:
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(A) Pursuant to W.S. 33-26-408(a)(ii), the complainant and the complainant's witnesses incur no civil liability for information provided to the Board in good faith, without malice, and in reasonable belief that the information is accurate.
(B) Any effort by the licensee named in the complaint to discourage, intimidate, or otherwise impede a full and vigorous pursuit of the complaint constitutes, under Board Rules, a separate and distinct reportable instance of unprofessional conduct.
(c) Notice to the Respondent.
(i) Within five (5) working days after the President and Board Secretary have appointed interviewers, notice shall be sent to the respondent.
(ii) The notification of respondent required by this section shall clearly advise the respondent as follows:
(A) The nature and particular subject matter of the complaint, when it was filed, the Board's appointment of interviewers and intent to hold an informal interview with the respondent.
(B) Notice to the Respondent shall advise that counsel may be present at the informal interview, describe the interview process and enumerate a range of potential sanctions that may be available to the Board a result of the interviewers' recommendations.
(C) That any effort by the licensee named in the complaint to discourage, intimidate or otherwise impede a full and vigorous pursuit of the complaint constitutes, under Board Rules, a separate and report instance of unprofessional conduct.
(D) If the President, or in his or her absence, the Vice President, and Board Secretary determine that the name of the complaint should not be disclosed to the Respondent or if the complainant requests that or her identity not be revealed to the respondent, the notice provided for in subsection shall not identify the complainant. The Board may, however, disclose the particular patient care in question, including the name of the patient.
(E) The notice described herein shall also be sent to the complainant.
(d) Emergency suspension. In cases where the Board determines that emergency action is required for the protection of the public health, safety or welfare, the President may call a special meeting of the Board which shall occur as soon as possible after receipt of the complaint. A copy of the complaint and any additional evidence may be made available to each member of the Board prior to the special meeting. Such meeting may occur via telephone conference call, when necessary. If temporary emergency suspension pursuant to W.S. 33-26-404(c) is indicated, the Board may so order, pursuant to the requirements of W.S. 16-3-113(c).
(i) The interviewers shall investigate the allegations of unprofessional conduct against the defendant and conduct an informal interview.
(ii) The informal interviewers may, at the discretion of the President and Board Secretary, conduct the interview without assistance of Board Counsel. If the interviewee notifies the Board of representation by counsel, Board counsel shall participate in the interview. Notice by the interviewee intent to be represented by counsel shall be sent to the Board, in writing, no later than fourteen (14) days prior to the interview.
(iii) The interviewers are the duly appointed agents and representatives of the Board. After the informal interview and at other appropriate points in the proceedings, their recommendations may be considered by the President and Board Secretary.
(iv) No part or aspect of the interviewers' investigation or recommendation shall be divulged to another member of the Board prior to a contested case hearing, except as may be otherwise required by these rules.
(v) The interviewers in a given case may not participate in a contested case hearing on that case as triers of fact.
(vi) At any time after appointment by President and Board Secretary, the interviewers may seek to use or employ investigators, the office of the Attorney General, the State Department of Criminal Investigation or another investigatory or fact finding agency they deem necessary. The interviewer may employ, with prior approval of the President or Board Secretary, medical specialty consultants to assist them in the investigation and evaluation of the complaint.
(f) The Informal Interview.
(i) Following notification to the complainant and the respondent of the Board's appointment of the interviewers, the interviewers shall conduct informal interview.
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(ii) The purpose of the informal interview is to determine whether the complaint falls within the Board's jurisdiction, whether the allegations, if proven, would constitute a violation of W.S. 33-26-508, whether the circumstances require an emergency suspension, whether a mental or physical examination of the respondent is warranted, whether a further investigation is warranted, whether additional charges would be brought, whether there exists a possibility of resolution of the complaint without further proceedings and whether a contested case disciplinary hearing should be pursued.
(iii) Review of the complaint by the interviewers may include, are not limited to:
(H) Notice of the informal interview shall be given to respondent and shall contain time, date and location of the interview a statement of the action the committee is authorized to take following such interview.
(I) The interviewers shall make every reasonable attempt to conduct the informal interview within thirty (30) days after their appointment. If special circumstances prevent the conduct of the informal interview by such date, the informal interview may proceed at the earliest possible date.
(J) The informal interview may be conducted by conference telephone call if the interviewers determine that the purpose of the interview can be achieved in such manner.
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(K) The interviewers may request that the respondent submit documents and/or a written narrative response to the allegations of the complaint prior to the informal interview if they determine that such information would assist them in their investigation and in their conduct of the informal interview.
(L) The interviewers, Board counsel, respondent and/or respondent's counsel may discuss stipulation, dismissal, the consent decrees, restrictions or any other pertinent procedural or substantive information.
(M) An electronic or stenographic record may be made and shall be made, become part of the permanent confidential files of the Board.
(N) An informal interview is not subject to strict legal, procedural or evidentiary rules. Informal interviews are not open to the public nor is their occurrence a matter of public record.
(O) After reviewing their own findings based upon the investigation and the record made of the informal interview, the interviewers shall report, in writing, to the President and Board Secretary. Such report be made within fifteen (15) days after completion of the investigation unless circumstances beyond the control of the interviewers shall prevent the report being submitted within such time period.
(P) The interviewers may recommend dismissal of the case, continuation of the investigation, that a medical or mental physical examination be ordered for the respondent or the placing of restrictions or conditions on the respondent's license or suspension or voluntary relinquishment or any other combination of acts designed to specifically redress the complaint or to proceed with a contested case.
(Q) The President and Board Secretary shall consider the interviewers' recommendations and determine if the complaint should be dismissed, the investigation continued, an examination ordered, a contested case hearing instituted or any other action taken. This determination shall occur, if possible, within five (5) working days of receipt by the President and Board Secretary of the interviewers' report.
(R) The Executive Secretary of the Board shall then note the date and disposition on the ledger, and the date, disposition and the written findings and basis therefor in the docket.
(S) The Board shall notify the complainant and the respondent of its actions and in a statement in concise and plain language note the reasons and basis therefor.
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(iv) Investigation and examination of physician assistants.
(A) Following the informal interview and before report to the President and Board Secretary, the interviewers may further investigate the complaint in order to more fully inform themselves about the allegations contained in the complaint;
(B) The investigation may include the taking of depositions as authorized in W.S. 33-26-401(c), interviews with witnesses, and such other investigation as the interviewers deem necessary.
(C) As a part of its investigation, or any time after the informal interview, the interviewers may order a mental, physical and medical competence exam of the respondent pursuant to W.S. 33-26-403(c).
(D) Notice of the interviewers' order requiring respondent to submit to a medical, mental or physical examination shall include notice of a respondent's right to designate another physician to be present at the examination and make an independent report to the Board.
(E) The interviewers shall also notify the respondent that he may request a mental, physical or medical examination for himself, pursuant to the terms of W.S. 33-26-403(a-d).
(F) The interviewers may consider the recommendation of the examination committee and shall consider the substantive findings of the committee.
(g) Waiver of Informal Interview.
(i) Following notice by the Board of its intent to conduct an informal interview pursuant to Section 14(f), respondent may, at any time, waive the right to an informal interview and proceed directly to a contested case proceeding pursuant to Section 14(i).
(ii) Waiver of the informal interview process must be made in writing, signed by the respondent and sent to the Board of Medicine.
(iii) Respondent's waiver of the informal interview process shall not, in and of itself, constitute grounds for additional charges of unprofessional conduct pursuant to W.S. 33-26-402(a)(xxvi).
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(h) Settlement or Stipulation.
(i) Nothing in these rules shall preclude the respondent and the Board from entering into a consent decree, nor shall these rules preclude a voluntary request by the respondent for the suspension, relinquishment or restriction of respondent's license, provided, however that the Board may, but is not required except or reject such a request.
(ii) The reasons, grounds, condition and other provisions of any such consent decree, voluntary relinquishment, suspension or restriction or other Board action taken in lieu of a contested case hearing shall be recorded on the docket and become a permanent part of the Board's confidential files.
(iii) Such consent decree or other action may occur at any time prior to the announcement of a final decision after a contested case hearing.
(iv) In the case of stipulation, relinquishment or consent decree, the public ledger shall note only the disciplinary action taken and the date.
(v) The complainant and respondent shall not enter into settlement negotiations nor exchange of offers of settlement or compromise without the express written permission of the Board.
(i) Contested Case.
(i) Any contested case before the Board in a disciplinary action or denial appeal shall be conducted pursuant to these Rules and the Wyoming Administrative Procedure Act (W.S. 16-3-101 et. seq.).
(ii) Disciplinary actions shall be initiated by a Complaint by the Board on relation by the Complainant or by the interviewers, as Petitioners, against the licensee, as respondent.
(A) At least ten (10) days prior to service of complaint, written communication shall be sent to respondent requiring indication whether respondent will accept service of the complaint by United States certified mail, return receipt requested, or if respondent desires personal service at place of business. Failure to return written election of choice of service to Board within ten (10) days of receipt shall mandate personal service.
(B) The Complaint shall contain the following minimal information:
(I) The respondent's name and address;
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(II) The time, manner and place of the hearing. The Board shall notify the respondent at least forty-five (45) days before holding a contested case hearing. The Board and respondent may waive this requirement by written agreement entered into the record.
(III) The docket number assigned to the case;
(IV) The legal authority and jurisdiction under which the hearing is to be held;
(V) The particular sections of the statutes and rules involved;
(VI) A statement in ordinary and concise language setting forth the grounds for the Complaint. If the Board is unable to state the matters in detail at the time the Complaint is served, the Complaint may be limited to a statement of issues involved. Within thirty (30) days after a respondent's request, the Board shall amend the Complaint to provide a more definite and detailed statement. The Hearing Officer shall allow amendment of the Complaint upon a showing of cause and lack of prejudice to the respondent.
(iii) Answer. The respondent may file an Answer within twenty (20) days after receiving the Complaint.
(iv) Informal Disposition. Subject to Board approval, a disciplinary proceeding may be resolved by mutual agreement at any time prior to the hearing. All settlements, agreements, or stipulations, dismissals, and code decrees shall be in writing and entered into record. Following such a resolution the Board shall issue findings and a final order dismissing the case unless the Board, by specific action, finds that a final order should not be issued in the case. Any such finding shall be reduced to writing and set forth the specific reasons for not issuing a final order. A copy of such writing shall be placed retained in the respondent's file maintained by the Board.
(v) Hearing Officer.
(A) The Board shall appoint a hearing officer to preside over each contested case. The appointed Hearing Officer shall not have participated in the preliminary investigation or case preparation.
(B) The Hearing Officer shall withdraw from the case if he deems himself or herself to be disqualified. The Hearing Officer provide a written explanation of such withdrawal to the Board before withdrawal.
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(C) A party may make a written request for the removal of a Hearing Officer. The request shall be made immediately after the party has reasonable grounds to believe that the Hearing Officer is subject to disqualification. The written request shall explain the reasons for the requested disqualification and may be accompanied by affidavits. If the Hearing Officer denies the request, he or she shall issue a written explanation of such denial and enter the explanation into the record. If the Hearing Officer grants the request, the Board shall appoint a new hearing officer as soon as possible.
(vi) Duties and Powers of Hearing Officer. The Hearing Officer shall have those powers set forth in W.S. 16-3-112(b) and all such other powers may be necessary to conduct a fair and impartial contested case hearing, including but not limited to, the power to provide for and determine the scope of discovery and assist the Board in the development of proposed findings of face conclusions of law.
(vii) Discovery. Discovery in a Board disciplinary proceeding shall be governed by W.S. 16-3-107. All records of discovery shall be filed.
the Board or its hearing officer.
(viii) Subpoenas. Pursuant to W.S. 16-3-107, the Board or its hearing officer may order by subpoena the attendance of witnesses or require production of books, papers or other evidence. A respondent may apply for a subpoena, however, pursuant to W.S. 33-26-408(c), a respondent may not discover Board records other than final orders nor may a respondent seek discovery from Board member, employee or agent.
(ix) Pre-Hearing Conference.
(A) Upon request of either respondent or Board, and at any time before the hearing date, the Hearing Officer may hold a pre-hearing conference to consider simplifying the issues, amending the pleadings clarifying or limiting the evidence, formulating procedures to govern the hearing and any other matters which will aid in the disposition of the case.
(B) An order reflecting the action taken at the pre-hearing conference shall be written and entered into the record. The pre-hearing order shall control the course of the hearing unless modified to prevent manifest injustice. A party may request a modified order if the order is ambiguous or does not fully cover the issues presented at the pre-hearing conference.
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(x) Evidence and Testimony.
(A) Admissibility of evidence. Admissibility is governed by W. 16-3-108. Parties shall have the right to present evidence, submit rebuttal evidence, and conduct cross examinations. Irrelevant, immaterial, and unduly repetitious information shall be excluded. All documentary or physical evidence shall be marked as exhibits. The Board's exhibits shall be marked by letters the alphabet beginning with 'A'. The respondents exhibits shall be marked with numbers beginning with '1'.
(B) Objections. The grounds for objections to evidentiary rulings shall be briefly stated. All objections and rulings shall be entered into the record.
(C) Witnesses. A testifying witness shall identify himself by stating his name and address. All witnesses shall stand to be administered the following oath: 'Do you swear (or affirm) to tell the truth the whole truth, and nothing but the truth.'
(D) Privileged and confidential information. The Hearing Officer shall recognize any privilege at law.
(E) Judicial notice. Judicial notice may be taken of any information in the nature of traditional matters of judicial notice or within the Board's special technical knowledge or files.
(xi) Representation. All parties have a right to represent themselves or be represented by counsel or a duly-qualified representative at every stage of any disciplinary proceeding including the informal interview.
(xii) Order of Procedure.
(A) To the extent practicable, contested case hearings shall be conducted in accordance with the following procedure:
(I) The Hearing Officer shall conduct the hearing in closed session pursuant to W.S. 16-4-405(a)(ii) and (a)(ix), unless the respondent requests public hearing. The Hearing Officer may sequester witnesses.
(II) The Hearing Officer shall commence the hearing by calling the document number and title of the case to be heard. The Hearing Officer shall ask if the parties are ready to proceed. The Hearing Officer may also allow the parties to dispose of preliminary matters. The Hearing Officer shall allow the parties to reasonable time to voir dire the Board on the grounds that a Board member has a conflict of interest or is biased.
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(III) If the respondent or his or her representative fails to appear, the Hearing Officer may:
(1.) Grant a continuance;
(2.) Conduct the proceeding in the absence of the respondent or his or her representative; or,
(3.) Declare the respondent in default and accept all matters in the Complaint as true.
(IV) The Hearing Officer shall administer the oath to all witnesses at the beginning of the hearing or before each witness testifies.
(V) The Hearing Officer may allow all parties to give an opening statement to briefly explain their position and outline the evidence they provide to offer.
(VI) The Hearing Officer may recess the proceedings as appropriate.
(VII) The Board shall present its evidence first, followed by the respondent. The Board may submit rebuttal evidence. Witnesses may be cross-examined by an opposing party or by the Board.
(VIII) No testimony shall be received unless given under oath or affirmation.
(IX) Closing statements shall be made after all evidence has been received with the Board going first followed by the respondent.
(X) Following the closing statements, the Hearing Officer may dismiss excuse all witnesses and declare the hearing closed.
(XI) No evidence shall be taken after the hearing unless requested and upon a showing of good cause.
(XII) All parties may submit legal briefs and proposed findings of fact and conclusions of law within thirty (30) days after the transcript is made available. The time limit may be extended upon agreement between the parties with the approval of the Hearing Officer.
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(B) All hearings shall be recorded verbatim stenographically or by other appropriate means. Within ten (10) days after the transcript is available, the Hearing Officer may allow all parties to submit written proposed corrections of the transcript pointing out errors that have been made in transcribing the testimony.
(xiii) Decision.
(A) After consulting with the Board, the Hearing Officer shall assist the Board in drafting findings of fact and conclusions of law within thirty (30) days after receiving proposed findings from the Board and respondent.
(B) The Board shall serve a copy of the decision upon all parties. The decision shall include:
(I) A statement of the findings of fact and conclusions of law, separately stated and supported by concise and explicit statements.
(II) An order setting forth the action taken, including costs, if any, assessed against respondent.
(xiv) Record. The record in contested cases shall consist of those items set forth in W.S. 16-3-107(o) and the transcript of all recorded proceedings if one is prepared.
(xv) Appeal. Pursuant to W.S. 16-3-114 the Board's final decision may be appealed to the district court.
(xvi) Transcript in Case of Appeal. If the Board's decision is appealed to the district court, the appealing party shall pay the costs of costs of the transcripts.
Section 16. Reinstatement. Any person whose certificate has been relinquish revoked may petition for reinstatement at intervals not less than one (1) year after the Board entered its final order. The petitioner shall be given the opportunity to prove that he is of good moral character and able to safely and skillfully practice as a physician assistant.
Section 17. Prescription of Drugs.
(a) A physician assistant may prescribe medications only as the agent of the supervising physician.
(b) A physician assistant shall not prescribe Schedule I and Schedule II drugs as defined by W.S. 35-7-1013 through 35-7-1016.
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(c) The supervising physician may delegate authority to the physician assistant to dispense prepackaged medications in rural clinics when pharmacy services are not physically available.
(d) In rural clinics when pharmacy services are not physically available a physician assistant may prescribe Schedule III, IV and V medication as the agent of the supervising physician directly from a pharmacy supply maintained by the supervising physician only under the following circumstances.
With written approval of both the Wyoming Board of Pharmacy and Wyoming Board of Medicine obtained no later than thirty (30) days prior to the initiation of such prescriptive practice and in compliance with the rules for clinic administration of prescriptive medication G. 1-8.
(e) The physician assistant may transmit prescriptive information, except Schedule I and II drugs, to a pharmacist as the agent of the physician either writing or by telephone. The prescription so transmitted must contain both the physician's and the physician assistant's name, address and telephone number. The label on the medication will contain both the names of the physician and the physician assistant.
(f) Use of presigned prescription pads is prohibited.
(g) Rules for clinic administration of prescriptive medication include the following:
(i) a formulary consisting of all medications stocked and indications for use.
(ii) all prescriptive medications must be prepackaged in appropriate legal containers and properly labeled by a pharmacist or a physician.
(iii) prepackaged medications shall have the following information:
(A) name of drug (B) strength of drug (C) lot number (D) expiration date (E) any auxiliary label required
(iv) prepackaged medication labels shall have sufficient space add the following at the time of dispensing/administration:
(A) prescription identification number (B) name of patient (C) physician
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(D) directions for use (E) appropriate auxiliary labels.
(v) a log book shall be kept containing the following:
(A) prescription identification number (B) patient name (C)
date
(D)
name of physician
(E)
name of drug and strength
(F)
quantity of drug administered
(G)
name or initial of the physician assistant supplying the medication.
(vi) Periodic inventories and medication replacement will be the responsibility of the supervising physician or licensed pharmacist.
(vii) Adequate security shall be maintained for all prepackaged medications. All Scheduled II controlled substances shall be under a double other controlled substances shall be held under no less than a single lock.
(viii) The supervising physician shall be responsible for written policies and procedures for all medications provided through the clinic.
(h) These rules and regulations regarding medications are not applicable in communities where pharmaceutical services are readily available through a retail pharmacy.
(i) The Board may suspend or limit prepackaged medication availability of rural clinics if it finds these rules and regulations are not being followed.
Section 18. General Provisions
(a) The Board will be notified of any change of practice location or supervisory status of a physician assistant certified in the State of Wyoming (b) A physician assistant should be clearly identified by a name tag other means when appropriate.
(c) A physician may not supervise more than two (2) physician assistants at one time.
(d) Provisions for 'back-up supervision' shall be in writing and on file with the Board.
(e) Medical supervision of a physician assistant by other than a liceal physician is prohibited.
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Section 19. Severability. If any part of these rules are found to be invalid or unenforceable, the remainder shall continue in full force and effect.
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