Wyo. Code R. 054-0002-1
General
Effective Date: 12/20/2013 to 11/21/2016
Rule Type: Superceded Rules & Regulations
Reference Number: 054.0002.1.12202013
Section 1. Authority. These Board Rules are adopted to implement the Board's authority under the Nurse Practice Act (NPA) and the Wyoming Administrative Procedures Act (WAPA).
Section 2. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to establish administrative procedures.
Section 3. Severability. If any provision of these Board Rules or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of Board Rules which can be given effect without the invalid provision or application, and to this end the provisions of Board Rules are declared to be severable.
(a) Terms defined in the NPA shall have the same meaning when used in these Board Rules unless the context or subject matter clearly requires a different interpretation.
(b) As used in these Board Rules, the following terms shall have the meanings set forth unless the context or subject matter clearly requires a different interpretation.
(a) 'Abandonment' means the termination of a client relationship, with or without the client's knowledge, without making arrangements for appropriate continuation of care.
(b) 'Abuse' means any behavior that is designed to control and subjugate another human being through the use of fear, humiliation, or assault, either verbal or physical.
(c) 'Academic facilities' means the physical facilities of such as classrooms, offices, laboratories, libraries, hospitals and other essential resources available to conduct an educational program.
(d) 'Accountability' means being responsible and answerable for actions or inactions of self and others in the context of delegation.
(e) 'Accreditation' means an official authorization or status granted by a nationally recognized accrediting agency.
(f) 'Advisory opinion' means a statement developed by the Board to provide guidance, clarification and direction regarding APRN, RN, LPN, LPN IV, CNA, CNA II, or MA-C practice, procedures, policies or education.
(g) 'Annual report' means a condensed report from a nursing education program which summarizes significant revisions pertaining to the criteria.
(h) 'Applicant' means any person applying for any type of license, certificate, recognition or permit issued by the Board.
(j) “Application” means applying for licensure, certification, recognition or permit by one of the following methods:
(i) Licensure/Certification by Examination means meeting competency by successfully passing a Board-approved examination.
(ii) Licensure/Certification by Endorsement means meeting competency by licensed or certified practice in another jurisdiction.
(iii) Renewal means meeting competency during the renewal period.
(iv) Relicensure/Recertification means meeting competency after failing to renew.
(v) Reactivation means meeting competency after inactive status.
(vi) Reinstatement means meeting competency after being revoked, surrendered, suspended or conditioned.
(vii) Temporary Permit means non-renewable, and may be revoked by the Board at any time.
(viii) Volunteer License means restricted ability to practice nursing pursuant to W.S. 33-21-157.
(k) “Approval” as related to nursing education programs means:
(i) Provisional approval means the initial status granted to a new nursing education program that meets the criteria of the established standards for nursing education programs.
(ii) Conditional approval means a temporary status given to a nursing education program which has not met the criteria of the standards for nursing education programs which specifies deficiencies that shall be removed or corrected within a designated period of time determined by the Board.
(iii) Full approval means the status granted to a nursing education program meeting the criteria for the established standards for nursing education programs.
(l) “ARC” means Application Review Committee. The Application Review Committee may be comprised of:
(i) At least one (1) Board member; or
(ii) Executive Director in application matrix process matters.
(m) “Assignment” means the performance of designated nursing activities/tasks by an APRN, RN, LPN or CNA that are consistent with the scope of practice of the APRN, RN, LPN or the role of the CNA; the distribution of work that each staff member is to accomplish on a given shift or work period.
(n) “Biennial” means every two (2) years.
(o) “Board-approved program” means a basic nursing education program, APRN, RN, LPN, CNA, CNA II, MA-C and nurse refresher course which meets the minimum educational standards as prescribed by the appropriate jurisdiction.
(p) “Board Rules” means the administrative rules and regulations promulgated by the Wyoming State Board of Nursing.
(q) “Boundaries” mean the conscious limits of the professional relationship that allow for safe therapeutic connection between the professional and the client. Boundaries protect the space between the professional’s powers and the client’s vulnerability. Establishing boundaries provides a means for a professional’s control of this power differential and allows for a safe connection based on the client’s need. The professional is responsible for delineating and maintaining the boundaries.
(r) “CEU” means continuing education unit.
(s) “Client” means a recipient of care that can be an individual, family, group, or community.
(t) “Clinical facilities” means those institutions established for the delivery of healthcare services, utilized by students enrolled in nursing education programs or CNA training, competency and evaluation programs.
(u) “CNA” means Certified Nursing Assistant.
(v) “CNA II” means Certified Nursing Assistant-Level II.
(w) “Complainant” means the person(s), organization or agency who initiates a complaint.
(x) “DC” means Disciplinary Committee. The Disciplinary Committee may be comprised of:
(i) At least one (1) Board member; or
(ii) Executive Director in discipline matrix process matters.
(y) “DCI” means the Wyoming Department of Criminal Investigation.
(z) “Deeming” means the process through which CNA certification is obtained by successfully completing the first semester of a Board approved RN or LPN nursing education program.
(aa) “Delegation” means transferring to a competent individual the authority to perform a specific nursing task in a selected situation. The nurse retains responsibility and accountability for the delegated tasks.
(bb) “Direct care” means primary care or a basic level of healthcare given by a healthcare provider.
(cc) “Direction” means:
(i) Monitor and guide the practice of another through written or verbal communication;
(ii) The intermittent observation, guidance and evaluation of the nursing practice of another by a licensed physician, APRN, dentist or RN who may only occasionally be physically present; or
(iii) Joint development of a plan of care in advance by those individuals involved which will be implemented without the physical presence of a licensed physician, APRN, dentist, or RN, but shall be available for consultation. The evaluation of the patient care situation and the caregiver’s educational preparation and demonstrated proficiency shall determine the degree of direction needed.
(dd) “Director” means the RN faculty member who has the responsibility to administer the nursing education program regardless of the official title assigned by the governing body.
(ee) “Equivalent” means equal to or exceeding the requirements as stated in these Board Rules.
(ff) “Evaluation” means the final and critical step of delegation; to review the nursing care provided, the effectiveness of the nursing interventions and the need to change any part of the plan of care in order to better meet patient needs.
(gg) “Faculty” means RNs who:
(i) Meet the criteria of the established standards for nursing education programs; and
(ii) Have been employed by the governing body for the purpose of administration, teaching, evaluation, guidance and research in nursing.
(hh) “FCSA” means Federal Controlled Substances Act, 21 U.S.C. 801 et seq.
(jj) “Formal instruction” means an independent study, organized program, course, or other planned learning experience approved by the Board that is directed or taught by the faculty of a Board-approved nursing education program or CNA training, competency and evaluation program.
(kk) “Governing body” means the agency or institution which has the authority to conduct a nursing education program, administer the program, assume responsibility for financial support, graduate students, and grant degrees or certificates to the graduates.
(ll) “Lapsed” means a license, certificate or recognition which is no longer valid due to failure to renew and results in the termination of the privilege to practice nursing.
(mm) “Lawful presence” means someone who enters or lives in the United States with official authorization.
(nn) “MA-C” means Medication Assistant - Certified.
(oo) “Misappropriation of property” means negligently or deliberately taking, misusing, exploiting, using or selling money or property belonging to another, whether temporarily or permanently, and without regard to consent.
(pp) “NATCEP” means a Nursing Assistant Training and Competency Evaluation Program.
(qq) “NCLEX” means National Council Licensure Examination.
(rr) “NCSBN” means National Council of State Boards of Nursing, Inc., which is a national nursing organization, comprised of individual jurisdictions, which acts on matters of common interest affecting nursing practice and education, and which develops and administers the NCLEX examination.
(ss) “Neglect” means the failure to provide necessary goods, services, care, or attention and may include:
(i) Insufficient observation; the failure to provide adequate assessment and intervention directly or indirectly through inadequate supervision;
(ii) Failure to intervene when a client condition warrants intervention;
(iii) Inappropriate delegation or assignment of care to an unqualified care giver; and
(iv) Accepting assignments beyond level of competency or scope of practice.
(tt) “Nolo contendere” means a no contest plea in a criminal case and is the same as pleading guilty.
(uu) “NPA” means the Nurse Practice Act, W.S. 33-21-119 et seq.
(vv) “Peer Review” means a systematic evaluation of a peer’s performance compared to professional standards of practice.
(ww) “Preceptor” means an individual at or above the level of licensure that an assigned student is seeking, who serves as a teacher, mentor, role-model, and/or supervisor in a clinical setting.
(xx) “Predictable” means expected, foreseeable, or anticipated with reasonable assurance and accuracy.
(yy) “Prescriptive authority” means the authority granted by the Board to the APRN to select, prescribe, administer, dispense, or provide prescriptive and non-prescriptive medications including, but not limited to, vaccines, immunizing agents and devices.
(zz) “PRN” means as required.
(aaa) “Refresher course” means a planned nursing education program approved by the board, relating to basic review of current nursing practice, updating nursing theory and skills, and specifically planned for nurses who have not been actively employed in nursing and are preparing for reentry into nursing practice.
(bbb) “Renewal cycle” means the period for meeting competency for renewal of licensure, certification, or recognition which is from January 1st of every odd year to December 31st of every even year.
(ccc) “Renewal period” means the period for renewal of licensure, certification, or recognition from October 1st through December 31st of even years.
(ddd) “Scope and standards of practice” means the parameters of the authority to practice granted to a nurse through licensure.
(eee) “Self-study” means a comprehensive report written by the administrative head and faculty of a nursing education program or nursing assistant training program, which describes all aspects of the program pertaining to the criteria of the established standards for nursing education programs or nursing assistant training and competency evaluation programs.
(fff) “Site visit” means a planned visit by representatives of the Board to the governing body of a nursing education program for the purpose of program evaluation. When a site visit is deemed necessary by the Board in conjunction with self-study, the purpose of the site visit will be to verify, clarify, and amplify information contained in the self-study.
(ggg) “Standard” means an authoritative statement by which the Board can determine the quality of education and training or practice of APRN, RN, LPN and CNA.
(hhh) “Supervision” means the immediate physical availability of a licensed physician, APRN, dentist or RN for the purpose of providing assistance, coordination and evaluation of the practice of another.
(jjj) “WAPA” means the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
(kkk) “WCSA” means the Wyoming Controlled Substances Act, W.S. 35-7-1001 through 35-7-1101.
(lll) “WPA” means Wyoming Pharmacy Act, W.S. 33-24-101 through 33-24-204.
Section 6. Verification of Licensure/Certification to another Jurisdiction. Upon receipt of a signed form requesting verification of licensure/certification to another jurisdiction and the
appropriate verification fee, the Board will complete and return the verification form to the jurisdiction specified by the licensee/certificate holder.
(a) A licensee/certificate holder shall notify the Board of any changes in name and/or address within ninety (90) days of the change.
(b) Any notification from the Board shall be mailed to the last known name and address provided to the Board by the licensee/certificate holder, and shall be deemed proper service on said licensee/certificate holder.
(c) The licensee/certificate holder who has changed his/her name shall complete a change of name affidavit form and pay fee.
(i) Upon receipt of the completed change of name affidavit form and the previously issued license or certificate, the Board shall reissue a license/certificate in the applicant's current name.
(a) Parties may verify licensure/certification status and final disciplinary action on the Board's website.
(b) If a party requests an electronic or hard copy of the public record, then that party shall pay a fee. Such fee shall include cost of administrative time and producing a copy of the public record.
(c) Record inspection shall take place under the following conditions:
(i) An appointment must be made to review the file between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the office of the Board.
(ii) Record inspection must take place in the presence of a member of the Board staff.
(iii) Original documents must remain with the Board but may be copied at the Board offices for a reasonable fee. Such fee shall include cost of administrative time and copying.