Wyo. Code R. 251-0001-15
Veterinary Medicine, Board of
Chapter 15: Practice and Procedures for Disciplinary, Application, and Licensure Matters
Effective Date: 05/13/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 251.0001.15.05132021
FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS
Section 1. Authority. These rules are adopted under the Board's authority granted by Wyoming Statute 33-30-204(m)(xii).
Section 2. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:
Section 3. Grounds for Discipline. In addition to the grounds identified in Wyoming Statute 33-30-212, the Board may take disciplinary action, or refuse to issue or renew a license or certificate for the any one (1) or more of the following acts or conduct:
(f) Misrepresentation of a fact by an applicant or licensee in statements regarding the licensee's skills or value of any treatment provided or to be provided or using any false, fraudulent, or deceptive statement connected with the practice of veterinary medicine including, but not limited to, false or misleading advertising;
(g) Fraud by a licensee in connection with the practice of veterinary medicine including engaging in improper or fraudulent billing practices;
(h) Engaging in, or aiding and abetting any individual engaging in the practice of veterinary medicine without a license, or falsely using the title of veterinarian;
(j) Failing to conform to currently accepted standards of practice;
(k) Conduct which violates the security of any licensure examination, including, but not limited to:
(i) Removing from the examination room any examination materials without authorization;
(ii) Unauthorized reproduction by any means of any portion of the actual examination;
(iii) Aiding by any means the unauthorized reproduction of any portion of the actual examination;
(iv) Paying or using professional or paid examination-takers for the purpose of taking or reconstructing any portion of the examination;
(v) Obtaining examination questions or other examination material, except by specific authorization either before, during or after an examination;
(vi) Using any examination questions or materials that were improperly removed or taken from any examination; or
(vii) Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered examination.
(viii) Making inappropriate sexual advances, either verbally or physically;
(ix) Requesting inappropriate sexual favors;
(x) Engaging in any verbal or physical conduct which:
(A) Deviates from generally accepted and prevailing practices for any given patient care situation;
(B) Violates professional boundaries;
(a) Application Review. In application matters:
(i) Every application for a license, certificate, or permit issued by the Board shall be subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied.
(ii) If any application, including renewals, reveals any information that merits further investigation, the matter shall be assigned to an Application Review Committee (ARC).
(b) ARC Action. The ARC may recommend:
(i) A license or permit be issued, renewed, reissued, or reinstated;
(ii) A license be issued, renewed, relicensed, or reinstated subject to conditions, restrictions, or other disciplinary action;
(iii) Approval of a settlement agreement, which may include the issuance of a license or renewal with the imposition of restrictions, conditions, reprimand, or a combination thereof; or
(iv) Denial of the application.
(c) Notice of Intent. The ARC shall notify the applicant of its intent to recommend:
(i) Issuance of a license subject to conditions, restrictions, or other disciplinary action; or
(ii) Denial of a license.
(d) The Notice of Intent shall contain:
(i) A brief description of the facts or conduct that warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action;
(ii) A statement of the nature of the actions that warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions or Board Rules involved;
(iii) An opportunity to show compliance with all lawful requirements for retention of the license or respond within fifteen (15) days from the date of mailing; and (iv) Notice of the right to a hearing if the licensee submits a written request to the Board office and the Board receives it within thirty (30) days of the date the ARC mailed the Notice of Intent.
(e) Applicant’s Request for Hearing.
(i) The applicant may request a hearing if the ARC recommends:
(A) Approval of the license subject to conditions, restrictions, or other disciplinary action; or
(B) Denial of the application.
(ii) The applicant shall submit a written request for hearing to the Board office and the Board must receive the request within thirty (30) days of the date of the ARC mailed the Notice of Intent.
(f) Applicant’s Failure to Request a Hearing. If the applicant fails to timely request a hearing of the ARC’s recommendation, the Board may:
(i) Approve the ARC’s recommendation without a hearing;
(ii) Set a hearing; or
(iii) Dismiss the application.
(a) Petition to Modify Conditions or Restrictions.
(i) A licensee may petition the Board to modify conditions or restrictions imposed upon their license.
(ii) A licensee shall submit a petition for modification to the Board office in writing, which shall include documentation demonstrating that the licensee has complied with a previously entered Board order if applicable, that the modification is consistent with their treatment plan if applicable, and that the modification is sufficient to ensure the public is adequately protected.
(iii) A petition for modification shall be reviewed by a Disciplinary Committee (DC).
(b) Disciplinary Committee Recommendation.
(i) If the DC agrees with the requested modification, the parties may file a stipulated motion with the Board.
(ii) If the DC does not agree with the requested modification, the DC shall notify the licensee of its intent to recommend denial of the petition.
(c) Board Consideration.
(i) The Board shall consider the petition, the DC’s recommendation, and/or a stipulated motion at its earliest convenience.
(ii) The Board may accept or reject the petition for modification.
(a) Complaint Review. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by a DC.
(b) Disciplinary Committee Action. The DC may recommend:
(i) Dismissal of a complaint;
(ii) Dismissal of a complaint with an advisory letter;
(iii) Approval of a settlement agreement, which may include voluntary surrender, suspension, imposition of restrictions or conditions, reprimand, or other discipline, or a combination thereof;
(iv) Disciplinary action against the licensee including revocation, suspension, reprimand, restrictions or conditions, or other discipline, or a combination thereof; or
(v) 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 accept or reject the petition.
(a) Recommendation. If the DC recommends summary suspension, the Board shall conduct an expedited proceeding to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety, or welfare.
(b) Notice of Intent to Recommend Summary Suspension.
(i) The DC shall notify the licensee of its intent to recommend summary suspension;
(ii) The Notice of Intent shall contain:
(A) Copy of the complaint; and
(B) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled;
(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, the DC 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 investigating party 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 charges, 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) Notice of Intent to Recommend Disciplinary Action.
(i) The DC 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 the allegations for disciplinary action within fifteen (15) days of the date of mailing.
The DC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the licensee by regular mail at least thirty (30) days prior to the date set for hearing.
(a) Upon receipt of a written request for hearing from an applicant or the commencement of formal proceedings for disciplinary action against a licensee, 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 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 and Compliant, 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 failure to respond to the petition within twenty (20) days of its receipt may result in a default judgment.
Section 12. Lawful Service. There shall be a presumption of lawful service of a petition, notice of hearing, or any other communication required by these Board Rules if sent to the last known address of the licensee or applicant by regular mail.
(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 allegations contained in the Petition and has not appeared at a noticed hearing.
Section 14. Contested Case. The hearing officer shall preside over the formal contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedure Act 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 the 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) Petition for Modification Matters. The licensee shall bear the burden to prove by a preponderance of evidence that the petition for modification of conditions should be granted.
(c) Disciplinary Matters. The DC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Act, Boar Rules, or both.
(a) Board Action. The Board may resolve a complaint by:
(iii) 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 certified or regular mail.
(a) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedure Act and the 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.