Wyo. Code R. 056-0001-7
Optometry, Board of Examiners in
Chapter 7: Process and Procedure for Application, Licensure, and Discipline Matters
Effective Date: 11/08/2021 to 04/05/2023
Rule Type: Superceded Rules & Regulations
Reference Number: 056.0001.7.11082021
Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-110, -116, and the WAPA to promulgate rules and regulations related to the discipline of optometrists in Wyoming.
Section 2. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:
Section 3. Grounds for Disciplinary Action. The Board may take disciplinary action or refuse to issue or renew a license for one (1) or more of the following acts or conduct:
(vii) Using any term other than “optometrist” or “Doctor of Optometry” to reflect licensure; or
(viii) Loaning of a license issued by the Board.
(b) A conviction involving moral turpitude, including:
(i) A felony or misdemeanor involving a patient or adversely relating to the practice of optometry. A plea of nolo contendere shall be considered a conviction;
(ii) Violating professional boundaries by soliciting, encouraging, threatening, forcing, or engaging in any sexual act or relationship with or upon a patient, regardless of consent. A consensual sexual relationship shall not be deemed moral turpitude if the optometrist-patient relationship was terminated prior to the relationship;
(iii) Sexual harassment of a patient or staff member;
(c) Habitual intemperance or being habitually addicted includes the use of any drug, narcotic, chemical, alcohol or mind altering material that renders the licensee unfit or incompetent to:
(i) Practice optometry with reasonable skill and safety to patients; or
(ii) Conform to essential standards of acceptable optometry practice, in which case actual injury need not be established.
(d) Incompetence, malpractice, or unethical conduct includes:
(i) Practicing in a manner that is not in the best interest of the public and endangers public health, safety, and welfare;
(ii) Practicing optometry:
(A) In violation of any limitations or restrictions imposed on a license, or practicing optometry while a license is suspended or has expired;
(B) With a mental or physical impairment which renders the licensee incapable of practicing optometry with reasonable skill and safety; or
(iii) Performing any procedure in the course of a patient’s care, which:
(A) Is beyond the licensee’s training and competence;
(B) Deviates from the customary and accepted standard of care in the profession;
(A) Advise a patient to seek the attention of a physician or other health care provider for an eye disease or disorder discovered during an examination which, in the opinion of the licensee, requires additional diagnosis and medical treatment. Such advice shall not be required for any previously diagnosed disease or disorder;
(B) Provide patients with accurate and complete information regarding the extent and nature of services available to them;
(C) Maintain confidentiality of all information obtained in the course of the optometrist-patient relationship, except that disclosure of confidential information is permissible with the expressed written consent of the patient, or as required by law;
(D) Maintain the confidentiality of any examination related to obtaining a license to practice optometry;
(E) Ensure that a patient’s welfare is not compromised in any experimentation or research involving that patient;
(F) Obtain informed written consent from the patient for any experimentation or research;
(G) Obtain approval from any regulatory entity, in which approval is customarily or lawfully required, in order to conduct experimentation or research;
(H) Comply with any regulatory standards customarily or lawfully required for the continuation of experimentation or research;
(I) Release a spectacle lens prescription to the patient in accordance with federal law;
(J) Release a contact lens prescription to the patient in accordance with federal law without all of the following information: expiration date, wearing schedule, care regimen, and all necessary parameters essential to fabricating a contact lens;
(v) Billing patients for services provided which are not justified and are not necessary for diagnostic or therapeutic purposes;
(vi) Administering, dispensing, or prescribing any controlled substance other than in the course of legitimate professional practice as authorized by law;
(vii) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of optometry, including falsifying entries on patient records;
(viii) Representing that a non-correctable condition can be permanently corrected;
(ix) Interfering with the free choice of any patient when selecting a physician or other health care practitioner; and
(x) Incurring any judgment against the licensee for malpractice or negligence.
(e) Unprofessional and dishonest conduct includes:
(i) Advertising professional services through statements that are untruthful, improbable, misleading, or impossible;
(ii) Announcing services available in the licensee's practice that expresses or implies specialization;
(iii) Failing to display a license at all times in a conspicuous and readily accessible location to all patients at the optometrist's place of business;
(iv) Failing to comply with reasonable requests from the Board including, but not limited to:
(A) Answering an administrative complaint;
(B) Responding to a request for explanation for failure to disclose required information; or
(C) Cooperating in an investigation;
(v) Failure to comply with a term, condition or obligation of a Board order; or
(vi) Failure to appropriately supervise.
(a) Application Review and Investigation. In application matters:
(i) Every applicant bears the burden of satisfying license requirements; and
(ii) Every application for licensure issued by the Board shall be subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied.
(iii) If any application, including renewals, reveals any information that merits further investigation, the matter shall be assigned to the ARC.
(e) Applicant's Failure to Respond to Notice of Intent. If the applicant fails to timely respond to the Notice of Intent, the Board shall dismiss the application.
(a) Petition for Modification of Conditions or Restrictions.
(i) A licensee may petition the Board for modification of the conditions or restrictions imposed upon their license.
(ii) A licensee shall submit a written petition for modification to the Board office. The petition for modification shall include documentation demonstrating:
(A) Compliance with a previously entered Board order;
(B) That the modification is consistent with their treatment place, if applicable; and
(C) That the modification is sufficient to ensure the public is adequately protected.
(b) Investigative Committee Action. A petition for modification shall be reviewed by the IC.
(i) If the IC agrees with the requested modification, the parties may file a stipulated motion with the Board.
(ii) If the IC does not agree with the requested modification, the IC shall notify the licensee of its intent to recommend denial of the petition.
(c) Board Consideration.
(i) The Board shall consider the petition, the IC's recommendation, and/or a stipulated motion at its earliest convenience.
(ii) The Board may approve or deny the petition for modification.
(a) Complaint Review. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by an IC.
(b) Investigative Committee Action. The IC may recommend:
(i) Dismissal of a complaint;
(ii) Issuance of an advisory letter;
(iii) Approval of a settlement agreement, which may include voluntary surrender, suspension, imposition of restrictions or conditions, reprimand, or other discipline;
(iv) Disciplinary action against the licensee including revocation, suspension, reprimand, restrictions or conditions, or other discipline;
(v) Summary suspension; or
(vi) Approval of a voluntary surrender.
(a) Recommendation. If the IC recommends summary suspension, the Board shall conduct an expedited hearing to determine whether the licensee's continued practice imperatively requires emergency action to protect the public health, safety or welfare.
(b) Notice of Intent to Recommend Summary Suspension.
(i) The IC shall notify the licensee of its intent to recommend summary suspension.
(ii) The Notice of Intent shall contain:
(A) Copy of the complaint;
(B) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled; and
(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, the IC shall notify the licensee in writing of the date and time of the proceeding.
(d) Scope of Expedited Proceeding. The scope of the expedited summary suspension proceeding shall be limited to a presentation of the evidence the IC believes warrants summary suspension and any information the licensee may present on his or her behalf. The board shall order summary suspension if it concludes probable cause exists that the allegations, if proven, would imperatively require emergency action to protect the public health, safety, or welfare. The board shall incorporate a finding to that effect in its order granting summary suspension.
(a) A licensee may petition the Board, in writing, to voluntarily surrender their license in lieu of discipline.
(b) The Board shall consider the petition at its earliest convenience.
(c) The Board may consider whether the licensee is under investigation and may approve or deny the petition.
(a) Notice of Intent to Recommend Disciplinary Action.
(i) The IC shall notify the licensee of its intent to recommend disciplinary action.
(ii) The Notice of Intent shall:
(A) Include a brief description of the facts or conduct which warrant the intended action; and
(B) Provide the licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.
(b) Informal Conference. The licensee may request an informal conference to provide any additional information or to resolve an administrative complaint without a hearing.
(a) The IC shall initiate formal proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.
(b) Failure to respond to the Petition within twenty (20) days of the filing with the Board office may result in a default judgment.
(a) Timing of Hearing. Upon receipt of a written request for hearing from an applicant or filing of a Petition, the Board shall conduct a hearing. The Board shall serve a Notice of Hearing on the applicant or licensee at least thirty (30) days prior to the hearing.
(b) Notice of Hearing. The Notice of Hearing shall contain:
(i) The name and last known address of the applicant or licensee;
(ii) A brief statement of the matters asserted:
(A) In application matters, the recommendation, the facts upon which the recommendation is based, and the statutory provisions or Board Rules the applicant is alleged to have violated; or
(B) In disciplinary matters, the nature of the Petition, the facts upon which the Petition is based, and the statutory provisions or Board Rules the licensee is alleged to have violated.
(iii) The time, place, and nature of the hearing;
(iv) The legal authority and jurisdiction; and
(v) A statement indicating that:
(A) The applicant’s failure to appear at a noticed hearing or pursue proceedings may result in a dismissal; or
(B) The licensee’s failure to answer the allegations contained in the Petition within twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.
Section 12. Lawful Service. There shall be a presumption of lawful service of a petitioner, notice of hearing, or any other communication required by these Board Rules if sent to the last known address.
(a) The Board may dismiss an application where the applicant or the applicant’s representative has not requested a hearing or appeared at a noticed hearing.
(b) The Board may enter an order of default judgment based on the allegations contained in the Petition in any case where the licensee or the licensee’s representative has not answered the Petition and has not appeared at a noticed hearing.
Section 14. Contested Case. The hearing officer shall preside over the contested case hearing which shall be conducted pursuant to the WAPA and the Office of Administrative Hearings’ rules concerning contested case proceedings as referenced in Chapter 1.
(a) Application Matters. The applicant shall bear the burden to prove by a preponderance of evidence that they meet the qualifications for licensure. The burden shall shift to the ARC to prove by clear and convincing evidence that the applicant should be denied a license. The burden shall shift back to the applicant to persuade the Board that the ARC’s grounds for denial or issuance of a license subject to conditions or restrictions are insufficient.
(b) Disciplinary Matters. The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Act, Board's Rules, or both.
(a) Board Action. The Board may resolve an application matter, complaint or Petition by:
(v) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:
(b) Board Order. The Board shall issue a written decision and order. The decision and order shall be sent to the applicant, licensee, or their representatives by regular mail.
(a) Appeals from Board decisions are governed by the WAPA and Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.