Wyo. Code R. 083-0001-2
Effective Date: 04/29/2021 to 05/10/2023
Rule Type: Superceded Rules & Regulations
Reference Number: 083.0001.2.04292021
(a) The applicant shall submit:
(i) Completed application and fee;
(ii) Verification of passing scores of the national certification examination, administered by NBCOT or current national examination recognized by the board;
(iii) Verification of all licenses held, active or inactive, in any healthcare professions; and
(iv) Verification of lawful presence in the United States.
(a) Each licensee must complete thirty-two (32) hours of continuing education every two years.
(b) All licensees shall report their number of continuing education hours every even numbered year in conjunction with the licensee's application for renewal.
(i) Continuing education hours may only be submitted if they are earned during the three (3) years immediately preceding the annual license renewal.
(ii) A licensee who becomes licensed during an odd-numbered year need only complete and report sixteen (16) hours of continuing education at the first even-numbered year after they become licensed.
(iii) A licensee who becomes licensed during an even-numbered year prior to July 31 need only complete and report thirty-two (32) hours of continuing education at the next even-numbered year.
(c) Licensees are required to keep documentation of their continuing education hours, to be submitted to the board upon audit. The documentation of verification of attendance shall include;
(i) Name of licensee;
(ii) Title of course; (iii) Date of attendance; (iv) Number of hours earned; (v) Signature of the person verifying the attendance.
(vi) If the class is not sponsored by the NBCOT, AOTA, or WYOTA the licensee must also present a copy of the conference flyer, agenda, or written course description of the course on the continuing education log sheet.
(d) Continuing education credit is available for live courses, on-line courses, college courses beyond degree requirements, written courses or conferences.
(e) The primary objective of any continuing education credit shall be to increase the participant's competence within their practice as an occupational therapist or occupational therapy assistant.
(f) Extra hours submitted will not be carried over, and courses may not be split unless a separate attendance verification is obtained for separate sections of the education provided.
(g) Employment orientation, employment training not specific to occupational therapy, facility-specific documentation training, CPR and First Aid classes do not count toward continuing education requirements.
(h) A licensee may obtain continuing education credit for hours spent presenting a class if:
(i) The licensee is the primary presenter or a co-presenter; (ii) The licensee only submits the course for continuing education once. (iii) Time spent preparing the class is not included for credit; and
(iv) The licensee shall submit a copy of the presentation, and a program agenda that includes the presentation title, presenter's name, date and time of the presentation.
(i) No more than four (4) of the licensee's thirty-two (32) continuing education hours submitted may be made up of classes that are less than one hour in length.
(j) Proof of continuing education hours must be submitted to the board upon audit. License holders selected for audit will be notified in June.
(k) All renewals received after June 15 must submit proof of continuing education hours for audit.
(a) An applicant who is currently licensed to practice occupational therapy in another jurisdiction may obtain a temporary license while the application is being processed by the Board. The temporary license must be approved by the board prior to practice in Wyoming, and shall be in effect until a regular license is issued by the Board. A Temporary License shall not exceed ninety (90) days from the date of issuance.
(b) To request a temporary license, the applicant shall submit an application, required fees, and a copy of the current license held in another jurisdiction to the Board.
(a) An individual who completes the academic and fieldwork requirements for occupational therapist or occupational therapy assistant who has not yet taken or received the results of the entry-level certification examination may apply for and receive a limited license. The Board may require a limited license for occupational therapists and occupational therapy assistants re-entering the profession as outlined in Chapter 2, Section 7. Re-Entry.
(b) A limited license shall be valid for six (6) months.
(i) Limited licenses shall expire when the person is issued a license; or when the person is notified that he or she did not pass the examination and therefore no longer able to practice.
(c) The limited licenses are not renewable; however, the license may be extended upon showing of good cause.
(i) The licensee shall provide a written request to the Board.
(ii) The Board will review the request on a case by case basis, and the license may be renewed one month at a time, not to exceed three (3) months.
(a) An applicant who is currently licensed to practice occupational therapy in another jurisdiction which requires that applicants pass the national certification examination administered by NBCOT or current national examination recognized by the Board may apply for licensure by endorsement.
(b) The applicant shall:
(i) Submit the application and license fee to the Board;
(ii) State whether they have been disciplined for unprofessional conduct or a similar offense;
(iii) Submit verification of lawful presence in the United States; and
(iv) Procure verification of licensure from each jurisdiction in which the applicant holds or held a license. This form is to be mailed directly to the Board from the offices of each jurisdiction.
(a) Licenses shall expire on July 31 of each year unless renewed under these rules. The Board shall mail a renewal notice to active licensees at their address of record on or before May 1 of each year. The Board shall issue a renewal license to a licensee who meets all requirements for renewal.
(b) License renewal applications shall be postmarked no later than June 15 in order to ensure timely processing.
(i) Renewal applications postmarked after June 15 are subject to a late fee.
(ii) Licensees may submit a renewal application up to one (1) year after the expiration of the license. Once the license expires, the licensee may not practice until the renewal is issued by the Board.
(c) The Board will use an audit system to review continuing education hours obtained by the licensee.
(i) Every even year 10% of current licensees will be selected at random and required to submit verification of the thirty-two (32) hours of continuing education hours as outlined in Chapter 2, Section 3.
(ii) Licensees selected for audit will be notified by June 15 every even year. Audited licensees shall submit documentation verifying their completion of continuing education hours. Licensees shall have twenty (20) days from the date of notification to submit documentation.
(d) If a license is suspended under these rules, the licensee shall submit a renewal application and fee, otherwise, the suspended license will expire.
(i) Renewal of a suspended license shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended.
(e) A license revoked on disciplinary grounds is subject to expiration as provided in the Act but it may not be renewed. The licensee, as a condition of reinstatement, shall meet license requirements for new licensees and shall pay a reinstatement fee set by the Board.
(a) Re-entering occupational therapists and occupational therapy assistants are individuals who:
(i) Practiced as an occupational therapist or an occupational therapy assistant for a minimum of one (1) year;
(ii) Have not been involved in direct intervention, supervision, teaching, consulting, administration, case or care management, community programming, research, or otherwise practiced as an occupational therapist or an occupational therapy assistant for a minimum of three (3) years.
(iii) Wish to return to the profession of occupational therapy.
(b) Re-entering occupational therapists and occupational therapy assistants must complete sixteen (16) hours of continuing education for every year the therapist has been out of practice.
(i) At least one of the continuing education courses submitted for re-entry must be an occupational therapy review course.
(c) Re-entering occupational therapists and occupational therapy assistants may receive a Limited License as described in Section 5 of this chapter. Upon completion of the six (6) month Limited License period a re-entering licensee may apply for and be granted a full license if the individual meets the requirements for licensure under these rules.
(a) An individual who has had a license revoked by the Board may apply for reinstatement no less than one (1) year after the date of revocation. To apply for reinstatement the individual shall submit:
(i) Evidence that just cause for reinstatement exists; (ii) The application and a non-refundable fee for reinstatement to the Board; and (iii) Evidence of meeting the requirements for Annual Renewal of License.
(a) Upon receipt of a completed application, the Board Office shall review the application and if it is complete and, if there are no known grounds for denial of the license requested, issue the license. If there are known grounds for denial, the Board Office shall forward the application to the Application Review Board Member (ARBM).
(b) The ARBM shall review the application and all other information available and following the review may:
(i) Approve the application if the applicant meets all requirements, or (ii) If there are questions as to whether denial is appropriate, forward the application and an ARBM report to the Assistant Attorney General assigned to the Board for prosecution to review.
(c) If, after review, the ARBM and Assistant Attorney General recommend denial of an application:
(i) a preliminary denial letter shall be sent to the applicant. The letter shall:
(A) State the basis for the denial including relevant statutes and rules,
(B) Advise the applicant of the right to request reconsideration.
(ii) If the applicant fails to request reconsideration in writing within 30 days of the date of the preliminary denial letter, the preliminary denial becomes final.
(iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the ARBM, the Assistant Attorney General, and the applicant.
(iv) Following a reconsideration conference, the ARBM shall either approve or deny the application.
(v) If denied, the applicant must submit a written request for a hearing within thirty (30) days of the date of the denial letter.
(d) Application denial hearings,
(i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.
(ii) The hearing is to be conducted in the presence of a quorum of the Board, and follow the process set forth in Chapter 6. Section 4.
(iii) The applicant has the burden of proving that he/she meets all requirements for the license requested.
(e) The ARBM shall not take part in the consideration of any contested case.
(f) The ARBM shall not, by this rule, be barred from attending any contested case hearing.
(a) A licensee shall notify the Board of any changes in name or address in writing, within thirty (30) days of the change.
(i) The Board will update the name on a license upon receipt of a copy of a legal document indicating name change (i.e. marriage certificate, divorce papers, etc.).
(b) Any correspondence from the Board to the licensee required or permitted under the Act shall be mailed to the last known name and address provided to the Board by the licensee and shall be deemed proper service on the licensee.
(a) A licensee shall promptly notify the Board in writing if a license is lost, stolen or destroyed.
(b) The Board shall issue a duplicate certificate to a licensee who submits a notarized statement with the reason for requesting a duplicate certificate and fee.
(c) The Board shall issue a statement verifying license status to a licensee's employer, jurisdiction or institution as upon receipt of the licensee's written request and the fee. The Board shall also make this information available free of charge on the Board's website.
(a) This section is promulgated under the authority of the Wyoming Homeland Security Act, Wyo. Stat. Ann. § 19-13-115.
(b) During the duration of a state of emergency declared by the Governor of the State of Wyoming, any occupational therapist or occupational therapist assistant licensed or certified by another state may continue to provide services in Wyoming until 30 days after the day the Governor of the State of Wyoming lifts the state of emergency. Such occupational therapists or occupational therapist assistants shall be deemed to be acting under an emergency license.
(c) At the end of the state of emergency, any occupational therapist or occupational therapy assistant licensed or certified by another state who practiced in Wyoming under an emergency license shall ensure that their clients transition to a Wyoming-licensed professional. This subsection shall not apply to professionals who had an existing provider-client relationship before the emergency and provided continuity of care to clients during the emergency.
(d) Discipline.
(i) Any person may file a complaint with the Board office related to the conduct of a professional practicing under an emergency license.
(ii) Any professional practicing under an emergency license subjects themselves to the Board's jurisdiction. The Board may discipline any professional practicing under an emergency license as provided in Chapter 6 of these Rules.
(iii) The Board may refer complaints related to the conduct of any professional practicing under an emergency license to any state in which the professional is licensed or certified.
(iv) If a state in which an occupational therapist or occupational therapy assistant is licensed or certified suspends the professional's license or certificate, the professional shall immediately cease practicing in Wyoming and ensure their Wyoming clients transition to another professional.