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Certification Page Regular and Emergency Rules

Revised June 2020  

Emergency Rules (Complete Sections 1-3 and 5-6) Regular Rules

 

1. General Information a. Agency/Board Name* b. Agency/Board Address

c. City

d. Zip Code

e. Name of Agency Liaison

f. Agency Liaison Telephone Number

g. Agency Liaison Email Address h. Adoption Date

i. Program

Amended Program Name (if applicable):

* By checking this box, the agency is indicating it is exempt from certain sections of the Administrative Procedure Act including public comment period requirements. Please contact

the agency for details regarding these rules.

2. Legislative Enactment For purposes of this Section 2, “new” only applies to regular (non-emergency) rules promulgated in response to a Wyoming legislative enactment not previously addressed in whole or in part by prior rulemaking and does not include rules adopted in response to a federal mandate.

a. Are these non-emergency or regular rules new as per the above description and the definition of “new” in Chapter 1 of the Rules on Rules?

No. Yes. If the rules are new, please provide the Legislative Chapter Numbers and Years Enacted (e.g. 2015 Session Laws Chapter 154):

3. Rule Type and Information For purposes of this Section 3, “New” means an emergency or regular rule that has never been previously created.

a. Provide the Chapter Number, Title* and Proposed Action for Each Chapter. Please use the “Additional Rule Information” form to identify additional rule chapters.

Chapter Number: Chapter Name:

New Amended Repealed

Amended Chapter Name (if applicable):

Chapter Number: Chapter Name:

New Amended Repealed

Amended Chapter Name (if applicable):

Chapter Number: Chapter Name:

New Amended Repealed

Amended Chapter Name (if applicable):

Chapter Number: Chapter Name:

New Amended Repealed

Amended Chapter Name (if applicable):

Chapter Number: Chapter Name:

New Amended Repealed

Amended Chapter Name (if applicable):

Chapter Number: Chapter Name:

New Amended Repealed

Amended Chapter Name (if applicable):

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4. Public Notice of Intended Rulemaking 

a. Notice was mailed 45 days in advance to all persons who made a timely request for advance notice. No. Yes. N/A

b. A public hearing was held on the proposed rules. No. Yes. Please complete the boxes below.

Date:

Time: City: Location:

5. Checklist 

a. For regular rules, the Statement of Principal Reasons is attached to this Certification and, in compliance with Tri-State Generation and Transmission Association, Inc. v. Environmental Quality Council, 590 P.2d 1324 (Wyo. 1979), includes a brief statement of the substance or terms of the rule and the basis and purpose of the rule

b. For emergency rules, the Memorandum to the Governor documenting the emergency, which requires promulgation of these rules without providing notice or an opportunity for a public hearing, is attached to this Certification.

6. Agency/Board Certification The undersigned certifies that the foregoing information is correct. By electronically submitting the emergency or regular rules into the Wyoming Administrative Rules System, the undersigned acknowledges that the Registrar of Rules will review the rules as to form and, if approved, the electronic filing system will electronically notify the Governor’s Office, Attorney General’s Office, and Legislative Service Office of the approval and electronically provide them with a copy of the complete rule packet on the date approved by the Registrar of Rules. The complete rules packet includes this signed certification page; the Statement of Principal Reasons or, if emergency rules, the Memorandum to the Governor documenting the emergency; and a strike and underscore copy and clean copy of each chapter of rules. Signature of Authorized Individual

Printed Name of Signatory

Signatory Title

Date of Signature

7. Governor’s Certification I have reviewed these rules and determined that they:

1. Are within the scope of the statutory authority delegated to the adopting agency; 2. Appear to be within the scope of the legislative purpose of the statutory authority; and, if emergency rules, 3. Are necessary and that I concur in the finding that they are an emergency.

Therefore, I approve the same.

Governor’s Signature

Date of Signature

 

STATEMENT OF PRINCIPAL REASONS

FOR FORMAL ADOPTION OF REGULAR RULES

The Wyoming Legislature passed House Enrolled Act 0036 in their 2021 session. These revisions

to the Optometric Practice Act expand the scope of practice to include additional treatment of the

adnexa of the eye, performance of three laser procedures, and the prescribing of hydrocodone or

hydrocodone containing pharmaceutical agents regardless of schedule. These revisions also

removed the requirement for Optometrists to complete three (3) hours of continuing education in

the responsible prescribing of controlled substances.

In an effort to ensure public protection following this expanded scope of practice, the Board is

seeking the following amendments through the regular rulemaking process:

Chapter 2: Requirements for Licensure

New Section 1:

o Added authority section required by Wyo. Stat. Ann. § 16-3-104(a).

o Renumbered sections accordingly.

New Section 7:

o Corrected reference in Section 7(b)(iv)(B) to Section 4.

Chapter 3: Renewal and Relicensure

Section 3

o Corrected reference in Section 3(c)(ii) to Section 4.

Section 4

o Added a requirement for licensees to complete three (3) hours of continuing

education in the responsible prescribing of controlled substances. Though the

Legislature removed this requirement from the Optometric Practice Act in the 2021

session, the Board felt it was prudent to ensure licensees completed education

related to responsible prescribing, especially as the prescriptive scope was recently

expanded.

o Removed the Volunteer Certificate Holder licensure to because the authority was

repealed by House Enrolled Act 0036 (2021).

Section 5

o Corrected reference in Section 5(b)(ii) to Section 4.

Chapter 4: Fees

New Section 1:

o Added authority section required by Wyo. Stat. Ann. § 16-3-104(a)..

o Renumbered sections accordingly.

New Section 4:

o Removed Roster fee. This is considered a public record service, which is free of

charge.

Chapter 5: Standards of Practice

New Section 1:

o Added authority section required by Wyo. Stat. Ann. § 16-3-104(a).

o Renumbered sections accordingly.

New Section 4:

o Specified approved laser procedures pursuant to W.S. 33-23-101(b)(vii). Added

requirements for licensees to perform the expanded scope laser procedures and

adnexa treatment to establish the appropriate standard of care for optometrists

performing these procedures. Also, clarified violation of these standards of care

were grounds for disciplinary action.

New Section 5:

o Clarified the section on prescriptions was related to “Contact and Ophthalmic Lens

Prescriptions”, to prevent confusion that the section was related to drug

prescriptions.

Chapter 7: Process and Procedure for Application, Licensure, and Discipline Matters

This section was revised to match the standard discipline process chapter used by other licensing

boards within the state. The specific changes are as follows:

New Section 1:

o Added authority section required by Wyo. Stat. Ann. § 16-3-104(a).

o Renumbered sections accordingly.

New Section 4:

o Clarified ARC assignation when investigations are merited for transparency.

o Updated Notice of Intent section for clarity and added detail on the opportunity to

show compliance.

o Added “Applicant’s Response to Notice” and “Failure to Respond” sections to

clearly outline the entirety of the process for an applicant.

o Removed “Applicant’s Request for Hearing” section as the revised “Applicant’s

Response to Notice” section better addresses this process.

New Section 5:

o Added Petition for Modification of Conditions or Restrictions section to address a

process not clearly delineated previously.

New Section 6:

o Clarified Complaint Review Section and added Investigative Committee action

detail.

o Deleted voluntary surrender subsection and created its own section in New Section

8.

New Section 7:

o Clarified language and added Scope of Expedited Proceeding subsection to clarify

how summary suspension proceedings would be conducted ad considered by the

Board.

New Section 8:

o Added Voluntary Surrender section to create a process by which the Board can

allow a licensee under investigation to relinquish a license.

New Section 10:

o Updated Petition requirements to provide timelines for default judgment.

New Section 11:

o Updated Notice of Hearing requirements to establish the timeline in which the

Board must issue the notice of hearing and to clarify existing language.

New Section 12:

o Updated Lawful Service requirements to remove service via e-mail.

New Section 13:

o Updated language in Dismissal and Default section to clarify the applicable

processes.

New Section 14:

o Clarified existing language.

New Section 15:

o Updated Burden and Standard of Proof section to clarify when each is applicable.

New Section 16:

o Updated Board Action provisions to detail the options available to the Board

following a contested case proceeding.

o Clarified that a written decision shall be sent via regular mail.

COMMENT SUMMARY AND CHANGES BASED UPON PUBLIC COMMENT

The Wyoming Board of Examiners in Optometry proposed changes to Chapters 2, 3, 4, 5, and 7. The Boardheld a public comment period from July 26, 2021 through September 15, 2021, and received three (3) publiccomments.

Comment #1: Martin Carroll, OD commented:

Thank you for allowing me to comment regarding the Wyoming State Board of Optometry’s intent toamend its rules. My comments are in RED.

NOTICE OF INTENT TO ADOPT RULES AND REGULATIONSPublic notice is hereby given that the Wyoming State Board of Examiners in Optometry intends toamend its rules. These rules and regulations are to be adopted in order to implement the authority of theWyoming State Board of Examiners in Optometry to regulate the optometry profession in Wyoming andto provide for enforcement and proper administration of the provisions of the Wyoming OptometryPractice Act.The following chapters are being amended:

Chapter 2 - Requirements for LicensureClean Version, Strike VersionAgree

Chapter 3 - Renewal and RelicensureClean Version, Strike VersionAgree

Chapter 4 - FeesClean Version, Strike VersionAgree

Chapter 5 - Standards of PracticeClean Version, Strike Version

Section 4. Optometric Procedures and Training.

(a) The following laser procedures shall be within the scope of practice of optometry (I believe thatlimiting the laser procedures to the following three procedures may limit a licensee from performingfuture advances in laser procedures that they may be trained and examined to perform to helpWyoming citizens; see (iv)):

(i) Laser Peripheral Iridotomy;

(ii) Selective Laser Trabeculoplasty; and

(iii) Yag Capsulotomy.

(iv) Other Laser procedures as certified by the Board

(A) Complete one of the following education and examination requirements:

(I) Graduate from an accredited college or university of optometry where the laser procedures insubsection (a) and adnexa treatment were taught and passage of the NBEO (I suggest addinglanguage; “or other recognized certifying body’s Laser and Surgical Procedures Examination”)Laser and Surgical Procedures Examination, or

(II) Complete a board-approved training course; and

(I) An (I suggest that the proctors meet certain requirements established by theBoard; they need vetted in addition to licensure) optometrist or ophthalmologist licensed (Isuggest that the proctor be a current United State of America licensee) to perform theprocedures in subsection (a) in any jurisdiction (I suggest that the jurisdiction be morespecific; United States of America jurisdiction; any world jurisdiction I would question);

(ii) If a licensee has not performed a laser procedure within two (2) years, the licensee shallsatisfactorily complete another proctored session. (The Board should consider if this applies onlyto a licensee newly trained on laser procedures or if it also includes a licensee that wasproctored but did not perform a laser procedure within two (2) years and that they should beproctored again. I recommend that a licensee be proctored again before performing theprocedures if they did not perform the procedures within two (2) years after being initially orsequentially proctored).

(iv) Licensees shall maintain documentation evidencing completion of the requirements insubsection (b)(i) above, and shall provide documentation to the Board upon request (I suggest thatthe Board require licensees to provide documentation to the Board once the requirements arecompleted and before performing procedures).

Response: The Board thanks Dr. Carroll for commenting. Regarding the comment in Section 4(a) andproposed subsection 4(a)(iv), the Board is required by the Practice Act to specify in rule which laser proceduresmay be performed. As practice and technology evolve, the Board would have the opportunity to revise rulesaccordingly. Regarding the comment in 4(b)(i)(A)(I), there is no other certifying body to necessitate this change.Should a comparable examination come about, the Board would have the opportunity to revise rulesaccordingly. Regarding the comment in 4(b)(i)(B)(I), the Board believes that how someone may become aproctor is an already established process (education, experience, and licensure) and further vetting would notbe necessary. Additionally, the Board does not believe a change to the jurisdiction requirement is necessary, asthe standard of procedure and subsequent competency is proven during the proctoring session. Regarding the

comment in 4(b)(ii), the Board believes this provision mandates this requirement for all licensees as is written.Regarding the comment in 4(b)(iv), the Board had discussed this requirement at length and concluded thatmaintaining documentation isn’t necessary, as long as the Board mandates it must be provided when requested.

Comment #2: Robert Donaghy, OD commented:

Hi and good morning.

I'd like to know the Sponsors of this Proposal, in State and out of State please.

Why would ODs want to try any of these 3 procedures when our MDs already do these very well and ona routine basis ?

The grossly minimized OD requirements, and a lack of ready support skills and tools available to ODs,makes this Part of the Proposed Rules a threat to the Public.

I'd like to know who's sponsoring this trick, and why.Robert Donaghy, OD

Yes, I'm an OD, and patient comanagement with MDs is our best patient care, Not winging it for 3procedures.These procedures are nearly always related to broader vision loss concerns and solutions, for which Odsare required, by Law, to refer for care.By the way, if we need Oxy anything - we need to refer.Drop both Chapters.

--------------------------------------------------------Staff replied “Thank you for your comment. I will share all comments with the Board at their September23, 2021 Board meeting.”--------------------------------------------------------Dr. Donaghy responded:

Hi Emily, thank you.

This proposal, the fox guarding the henhouse, has been presented before.Dressed up as this one is, it fails to serve our patients any better, in fact, worse - while further enrichinga select few ODs.The shallow OD criteria presented does not meet the Standard of Care currently in place with our MDs.As ODs, a collaborative approach with MDs remains best, for all concerned.For nearly 10 years I comanaged a variety of surgical patients with a large and established Medicalgroup in the Northwest with excellent results for all - patients and caregivers alike.

Again, the expansion proposals do not improve patient care.

Robert Donaghy, OD

PS. Who is the Sponsor (s) of this Bill ?--------------------------------------------------------Staff replied “You are presently commenting on Board Rules. If you're asking about the recentlegislative changes and those sponsors, you can see the bill information athttps://wyoleg.gov/Legislation/2021/HB0039.”--------------------------------------------------------

Response: The Board thanks Dr. Donaghy for commenting. The Wyoming Legislature passed HouseEnrolled Act 0036 in their 2021 session. This legislation expanded Wyoming optometry scope to includeadvanced procedures including lasers as well as the expanded prescriptive authority. The Board of Examinersin Optometry is required by this legislation to adopt rules accordingly.

Comment #3: David W. Rodgers, OD commented:

First Comment:Chapter 3: Renewal and RelicensureSection 4(d)(ii)Licensees shall complete three (3) hours of the required forty (40) hours ofCE in topics addressing the responsible prescribing of controlled substances.

Comment: In light of the ongoing opioid epidemic in the United States, this requirement shouldabsolutely be added if and only if the licensee chooses to prescribe controlled substances.

In my 28 years of practice, I have not once prescribed controlled substances nor have I applied for aDEAlicense. Pain management for ocular disease, injury, or surgery is almost always successfully achievedwith bandage contact lenses, oral over the counter nonsteroidal anti-inflammatory medications, ortopical steroidal or nonsteroidal anti-inflammatory drops. I have numerous colleagues practicingtertiary care optometry and ophthalmology that have not prescribed controlled substances in over 10years. Those practitioners are seeing the worst cases on a daily basis.

In addition, licensees may find it difficult to access CE specifically addressing the prescribing ofcontrolled substances especially if they elect to not travel outside of the state for all of their CE.

Please consider amending the requirement to stateIf the licensee holds a DEA certificate and chooses to prescribe controlled substances, those licenseesshall complete three (3) hours of the required forty (40) hours of CE in topics addressing the responsible

prescribing of controlled substances.

Second Comment:33-23-113.(b)(i) Advertising and display of license requirements.

With compliance of all current licensure regulations and the display of license certificate in the office,this requirement seems unnecessary. I have practiced in the same location in my own office for over 26years. To require all licensees to wear a photo identification name tag is demeaning and obtrusive. Ican only infer that this requirement is a byproduct of ophthalmology’s objection to the new law allowingoptometrists in Wyoming to perform laser surgical procedures. Therefore, please consider adding:

While performing a surgical procedure the licensee shall wear a photo identification name tag duringpatient encounters. The photo identification name tag shall include a photograph of the licensee, thelicensee’s name, and the license held pursuant to this act. The name tag shall be of a sufficient size for apatient to read the contents of the tag and shall be worn in a manner so as to be visible and apparent tothe patient;

Response: The Board thanks Dr. Rodgers for commenting. The Wyoming Legislature passed House EnrolledAct 0036 in their 2021 session. This legislation expanded Wyoming optometry scope to include advancedprocedures, the expanded prescriptive authority, and the name tag requirement. The Board of Examiners inOptometry is required by this legislation to adopt rules accordingly.

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CHAPTER 2

REQUIREMENTS FOR LICENSURE

Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-109(a)

and -116 to promulgate rules and regulations related to the application, licensure, and renewal

procedures to practice optometry in Wyoming.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to establish the requirements for licensure.

Section 3. Application Status.

(a) For those applicants seeking licensure, competency shall be met during the

timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed “complete” when all necessary documentation has

been received by the Board office.

(c) Applications shall expire one year after submission. If an application expires, an

applicant shall submit a new application, including payment of fee.

Section 4. ARC Review of Applications. An applicant for licensure shall have

committed no acts that are grounds for disciplinary action, or if the act was committed, the ARC

has found after investigation that sufficient restitution has been made and the applicant no longer

presents a threat to the public safety.

Section 5. Jurisprudence Examination.

(a) The ARC shall recommend eligibility to sit for the jurisprudence examination.

(b) To successfully pass the jurisprudence examination, the applicant shall score at

least 75%.

Section 6. Licensure by Examination.

(a) Eligibility. An applicant may seek licensure by examination if the applicant

graduated from a school or college accredited by the Accreditation Council on Optometric

Education and has never been licensed to practice as an optometrist in any state or is unable to

apply by endorsement.

(b) Applicant Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

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(ii) Submit acceptable fingerprint cards;

(iii) Request an official transcript from the optometry college or university to be

sent directly to the Board Office;

(iv) Request a verification of successful passage of parts one (1), two (2)

including passage of Treatment and Management of Ocular Disease, and three (3) of the examination

administered by NBEO taken within five (5) years to be sent directly to the Board Office; and

(v) Successfully pass the jurisprudence examination.

Section 7. Licensure by Endorsement.

(a) Eligibility. An applicant may seek licensure by endorsement if the applicant has

an active license in another jurisdiction.

(b) Application Requirements. An applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit acceptable fingerprint cards;

(iii) Successfully pass the jurisprudence examination; and

(iv) Submit evidence that demonstrates competency including:

(A) Verification of licensure where the applicant holds an active

license in another jurisdiction with licensure requirements as stringent as Wyoming; or

(B) Completion of twenty (20) hours of CE each year that meets the

criteria in Chapter 3, Section 4 for the last five (5) years.

Section 8. License Type Designation. All licenses issued by the Board will contain

the letter “T” following the license number to designate the holder as being qualified and

authorized to use diagnostic and therapeutic pharmaceutical agents in his/her practice.

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CHAPTER 3

RENEWAL AND RELICENSURE

Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-109(a)

and -116 to promulgate rules and regulations related to the application, licensure, and renewal

procedures to practice optometry in Wyoming.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to establish the requirements for renewal, reinstatement, relicensure, and

reinstatement subject to discipline.

Section 3. Annual Licensure Renewal.

(a) Notice. Failure to receive notice for renewal of a license or certificate shall not

excuse a licensee from the requirement for renewal under the Act and these Board Rules.

(b) Expiration.

(i) All licenses and certificates shall expire on April 1 of each year. License

renewal applications and fees shall be postmarked no later than April 1 to be timely.

(ii) Unless a licensee timely renews their license, the licensee shall not

practice after April 1.

(c) Renewal Application. A licensee seeking renewal shall:

(i) Submit a completed renewal application and payment of fee; and

(ii) Submit documentation verifying completion of CE identified in Section 4.

Section 4. Requirements.

(a) CE Requirements for Renewal. As a condition for renewal, each licensee shall

complete a total of forty (40) hours of CE.

(b) Timeframe for Earning CE for Renewal.

(i) The first renewal period begins on January 1st following the date their

license was issued. Following the first renewal period, if the license was issued in an even year

the licensee shall submit twenty (20) hours of CE. If the license was issued in an odd year the

licensee shall submit forty (40) hours of CE.

(ii) CE will be required following the first renewal period and each two (2)

calendar years thereafter.

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(iii) Only those CE acquired during the CE reporting period will be considered.

Duplicate courses taken during a CE reporting period will not be accepted.

(c) The Board shall approve courses related to the practice of optometry offered by

the following:

(i) COPE qualified or COPE sponsored;

(ii) AOA;

(iii) AOA recognized state associations;

(iv) American Academy of Optometry;

(v) Schools and colleges of optometry;

(vi) College of Visual Development; and

(vii) Optometric Extension Program and clinical facilities specializing in eye

care that are staffed by professors or adjunct professors of optometry or ophthalmology at

accredited optometry or medical schools.

(viii) Other courses may be submitted to the Board Office for pre-approval.

(d) Composition of CE.

(i) Licensees authorized to prescribe therapeutic pharmaceuticals shall obtain

fifteen (15) hours of the required forty (40) hours of CE in topics addressing ocular systemic

therapeusis.

(ii) Licensees shall complete three (3) hours of the required forty (40) hours of

CE in topics addressing the responsible prescribing of controlled substances.

(iii) A maximum of six (6) hours of CE in the area of practice management

may be applied towards the required forty (40) hours.

(iv) A combined maximum of ten (10) hours of COPE qualified CE

designated as “online” courses may be applied toward the required forty (40) hours. CE

designated by COPE as “live” are not subject to this restriction.

(v) One (1) CE may be earned during each renewal period for passing the

Board’s jurisprudence examination.

(e) Reporting Requirements.

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(i) Licensees shall report their CE through the OE Tracker program.

(ii) Licensees shall be able to furnish copies of any certificates of attendance,

letters certifying attendance, transcripts, or any other official documents that serve as proof of

CE participation or attendance for at least two (2) years from the date submitted for renewal.

(iii) Proof of attendance shall contain the activity title, date(s), contact hours

attended, sponsor, presenter, name of licensee and be signed by the sponsor or the presenter.

(iv) All CE must be posted on the OE Tracker website no later than December

31 of the renewing biennium year. CE posted after December 31 will be assessed a late fee.

(f) Auditing.

(i) CE may be audited by the Board for verification of compliance with these

requirements and the Board may disallow any course not meeting the intended CE criteria.

(ii) If the Board disallows any CE hours as a result of an audit, the licensee

shall have until March 31 following the CE period to:

(A) Provide further evidence that the disallowed CE hours meet the

criteria established by these rules;

(B) Provide evidence of having completed appropriate CE during the

required time frame, which may substitute for the disallowance; or

(C) Remedy the disallowance by completing the number of additional

CE hours necessary to fulfill the requirements. These additional CE hours shall not be reported

on subsequent applications for license renewal.

(iii) Failure to provide the documents requested for audit within thirty (30)

days of the date of the request may subject the licensee to disciplinary action.

(g) Waiver. The Board may grant a waiver for CE requirements for licensees who

have petitioned and demonstrated just cause based on extenuating circumstances.

Section 5. Reinstatement.

(a) Failure to timely renew may subject the licensee to disciplinary action for

unlicensed practice.

(b) Reinstatement.

(i) Licensees that failed to timely renew may apply for reinstatement from

April 2 to June 30. However, licensees shall not practice until the Board approves their request.

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(ii) Licensees applying for reinstatement shall comply with the requirements

in Section 43.

(iii) If an expired license is not reinstated by June 30, an applicant may seek

relicensure.

Section 6. Relicensure.

(a) Eligibility. An applicant may seek relicensure if the applicant has been licensed in

Wyoming and either failed to reinstate or is seeking to return to active clinical practice.

(b) Application Requirements. Applicant shall:

(i) Submit a completed relicensure application and payment of fee;

(ii) Demonstrate competency by:

(A) Submitting verification showing completion of twenty (20) hours

of CE for every year the license has been lapsed, not to exceed five (5) years; or

(B) Submitting verification showing successful completion of parts

one (1), two (2), and three (3) of the examination administered by NBEO within the last five (5)

years, if not actively practicing within the last five (5) years; and

(iii) Successfully pass the jurisprudence examination.

Section 7. Reinstatement Subject to Discipline.

(a) Eligibility. An applicant may seek reinstatement subject to discipline if that

license has been revoked, surrendered, suspended, conditioned, or restricted.

(b) Application Reinstatement Requirements. The applicant shall:

(i) Submit a completed reinstatement subject to discipline application and

payment of fee;

(ii) Submit evidence of complying with the requirements of a previous Board

order;

(iii) Submit evidence of applicant’s ability to safely and competently practice;

and

(iv) Submit evidence demonstrating just cause for reinstatement subject to

discipline.

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CHAPTER 4

FEES

Section 1. Authority. The Board is authorized under Wyoming Statutes 33-23-

109(d), 33-23-116, and 16-3-113(j) to promulgate rules and regulations related to

the establishment of fees for the standard examination, initial license and the annual renewal of

licenses.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to determine and collect reasonable fees.

Section 3. General Information.

(a) Fees shall be payable in the exact amount and shall be paid in advance of the

services rendered.

(b) All fees collected by the Board are non-refundable.

(c) Fees related to public records requests shall be assessed pursuant to the

Department of Administration and Information’s rules concerning public records.

Section 4. Fees. Services for which the Board charges a fee shall include, but is not

limited to, the following fee schedule.

(a) License by Examination Fee .............................................................$250.00

(b) License by Endorsement Fee ............................................................$800.00

(c) Jurisprudence Re-Examination Fee ..................................................$250.00

(d) License Renewal Fee ........................................................................$175.00

(e) Reinstatement Fee .............................................................................$350.00

(f) Continuing Education Late Fee ........................................................$175.00

(g) Relicensure Fee .................................................................................$500.00

(h) Reinstatement Subject to Discipline Fee ..........................................$500.00

(i) Duplicate Document Fee.....................................................................$25.00

(j) License Verification Fee .....................................................................$25.00

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(k) Non-Sufficient Fund Fee.....................................................................$30.00

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CHAPTER 5

STANDARDS OF PRACTICE

Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-116 to

promulgate rules and regulations related to the standards of optometry practice in Wyoming.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to define standards of practice of optometry.

Section 3. Practice of Optometry.

(a) The practice of optometry occurs where the patient is located or receives services

regardless of means, in person or electronic.

(b) Furnishing or providing a contact or ophthalmic lens prescription is the practice of

optometry.

Section 4. Optometric Procedures and Training.

(a) The following laser procedures shall be within the scope of practice of optometry:

(i) Laser Peripheral Iridotomy;

(ii) Selective Laser Trabeculoplasty; and

(iii) Yag Capsulotomy.

(b) Requirements for Laser Procedures and Treatment of the Adnexa of the Eye.

Licensees who provide laser procedures in subsection (a) above or treat the adnexa of the eye

shall demonstrate competency and training prior to performing these procedures.

(i) To perform laser procedures and treat the adnexa of the eye, a licensee

shall:

(A) Complete one of the following education and examination

requirements:

(I) Graduate from an accredited college or university of

optometry where the laser procedures in subsection (a) and adnexa treatment were taught and

passage of the NBEO Laser and Surgical Procedures Examination, or

(II) Complete a board-approved training course; and

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(B) Satisfactorily complete a proctored session within two (2) years

prior to performing laser surgical procedures. Proctoring may be performed by:

(I) An optometrist or ophthalmologist licensed to perform the

procedures in subsection (a) in any jurisdiction; or

(II) An optometrist who has previously been proctored.

(ii) If a licensee has not performed a laser procedure within two (2) years, the

licensee shall satisfactorily complete another proctored session.

(iii) Licensees performing the procedures in this section shall report to the

Board any adverse outcomes following each procedure. These reports and corresponding patient

records shall be received by the Board office within ten (10) days following the date the licensee

is aware of the adverse outcome.

(iv) Licensees shall maintain documentation evidencing completion of the

requirements in subsection (b)(i) above, and shall provide documentation to the Board upon

request.

(c) Performing any of the procedures in subsection (a) without meeting the

requirements in subsection (b) may subject the licensee to discipline for deviating from the

standard of care, and subject to disciplinary action under Chapter 7, Section 3(d)(iii)(B).

Section 5. Contact and Ophthalmic Lens Prescriptions.

(a) Expiration of Prescriptions.

(i) Contact lens prescriptions shall expire one (1) year from the date of

issuance.

(ii) Ophthalmic lens prescriptions shall expire two (2) years from the date of

issuance.

(iii) A licensee may set an expiration date of earlier than one (1) or two (2)

year expiration periods identified above only if that date is based on the licensee’s medical

judgment about the patient’s eye health. In these cases, the licensee shall document the medical

reason for the shorter expiration date with enough detail to allow for review by a qualified

medical professional. The licensee shall also maintain these records for at least three (3) years.

(b) Providing Prescriptions. Licensees shall:

(i) Provide the contact lens prescription to the patient at the end of the contact

lens fitting.

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(ii) Provide or verify the contact lens prescription to anyone who is designated

to act on behalf of the patient.

Section 6. Records Retention.

(a) Licensees shall not withhold records if a patient owes an outstanding balance.

(b) Patient records shall be:

(i) Maintained for a minimum of seven (7) years from the date of the last

patient clinical encounter;

(ii) Maintained in a physically secure and confidential manner; and

(iii) Accessible to the patient and treating doctor within a reasonable period.

Section 7. Use of Optometry Assistants. A licensee may employ an optometry

assistant(s). All optometry assistants shall practice under the licensee’s general supervision.

(a) General supervision means the procedures are performed under a licensee’s

overall direction and control. The licensee’s physical presence is not required during the

performance of the procedures. The training of assistants who actually perform the diagnostic

procedure and maintain necessary equipment and supplies is the continuing responsibility of the

licensee.

(i) Assistants shall not write orders.

(ii) The testing of patients can only be performed upon the verbal or written

direction of the licensee.

(iii) The physical presence of the licensee is not required if the assistant can

easily contact the licensee. Treatment plans, however, can only be directed once the licensee

physically reviews test results.

(b) An assistant cannot, in any manner, practice optometry.

(c) The Board does not recognize nor bestow any level of competency upon an

assistant to carry out a specific task. Such recognition of skill is the responsibility of the licensee.

Section 8. Externships.

(a) An externship is when an optometric student is allowed to practice optometry in a

clinical setting under the direct supervision of a licensee.

(b) The licensee shall comply with all necessary documentation and contracts to

become an outreach facility with an optometric institution.

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(i) The educational institution and the licensee bear liability for all acts and

omissions of the extern.

(ii) Direct supervision means the licensee must be physically present in the

office and immediately available to assist and direct throughout the performance of the

procedure. It does not mean that the licensee must be present in the room when the procedure is

being performed.

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CHAPTER 7

PROCESS AND PROCEDURE FOR APPLICATION, LICENSURE, AND DISCIPLINE

MATTERS

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:

(a) Conduct investigations, hearings, and proceedings concerning

(i) Actions relating to an application for a license, including granting or

denying; or

(ii) Alleged violations of the Act or Board Rules.

(b) Determine and administer appropriate disciplinary action against an applicant or

licensee.

(c) For purposes of this chapter, “licensee” means an optometrist issued a license by

the Board to practice optometry in Wyoming.

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:

(a) A violation of the Act or Board Rules, including:

(i) Denial of a license to practice optometry, or any disciplinary action

against a licensee, by any other state, territory, or country;

(ii) Failing to report to the Board known or suspected violations of the laws

and regulations governing the practice of optometry in Wyoming;

(iii) Submitting false information to the Board;

(iv) Failing to notify the Board of a malpractice final judgment or settlement

within thirty days;

(v) Aiding or abetting the practice of optometry in Wyoming by any person

not licensed to practice in Wyoming;

(vi) Fraudulent billing;

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(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;

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(iv) Failing to:

(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;

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(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.

Section 4. Application Review and Investigation Process.

(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.

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(b) ARC Action. Following investigation, the ARC may recommend:

(i) A license be issued, renewed, relicensed, 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,

renewal, relicensure, or reinstatement of a license with the imposition of a reprimand, conditions,

restrictions, suspension, other discipline or a combination there of; or

(iv) Denial of the application.

(c) Notice of Intent.

(i) The ARC shall notify the applicant of its intent to recommend:

(A) Issuance of a license subject to conditions, restrictions, or other

disciplinary action; or

(B) Denial of a license.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that warrant the issuance

or denial of a license subject to conditions, restrictions, or other disciplinary action;

(B) A statement of the nature of the actions that warrant the issuance or

denial of a license subject to conditions, restrictions, or other disciplinary action and a citation to

the applicable statutory provisions or Board Rules involved; and

(C) 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

(D) Notice of the right to a hearing if a written request is received by

the Board office within thirty (30) days of the date of mailing the notice of intent.

(d) Applicant’s Response to Notice of Intent. Within thirty (30) days of the date of

the Notice of Intent, the applicant shall submit a written request to the Board office to:

(i) Hold a hearing on the ARC’s recommendation;

(ii) Table consideration of the application; or

(iii) Withdraw the application.

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(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.

Section 5. Petition for Modification of Conditions or Restrictions.

(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.

Section 6. Complaint Review and Disciplinary Investigation Process.

(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;

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(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.

Section 7. Summary Suspension.

(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.

Section 8. Voluntary Surrender

(a) A licensee may petition the Board, in writing, to voluntarily surrender their

license in lieu of discipline.

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(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.

Section 9. Formal Proceedings for Disciplinary Action.

(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.

Section 10. Petition.

(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.

Section 11. Notice of Hearing.

(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:

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(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.

Section 13. Dismissal and Default.

(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.

Section 15. Burden and Standard of Proof.

(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.

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(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.

Section 16. Board Decision and Order.

(a) Board Action. The Board may resolve an application matter, complaint or Petition

by:

(i) Approving the recommendations of the ARC or IC;

(ii) Dismissing a complaint;

(iii) Issuing an advisory letter;

(iv) Ruling in favor of a party on a dispositive motion;

(v) Conducting a contested case hearing. Following the hearing and

deliberation of all evidence admitted at a contested case hearing, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions,

restrictions, or other disciplinary action;

(C) Deny a license, renewal, relicense, or reinstatement;

(D) Dismiss the complaint or Petition;

(E) Dismiss the complaint or Petition with an advisory letter; or

(F) Impose a reprimand, conditions, restrictions, suspension,

revocation, other discipline, or a combination thereof.

(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.

Section 17. Judicial Review.

(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.

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CHAPTER 2

REQUIREMENTS FOR LICENSURE

Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-109(a)

and -116 to promulgate rules and regulations related to the application, licensure, and renewal

procedures to practice optometry in Wyoming.

Section 21. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to establish the requirements for licensure.

Section 32. Application Status.

(a) For those applicants seeking licensure, competency shall be met during the

timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed “complete” when all necessary documentation has

been received by the Board office.

(c) Applications shall expire one year after submission. If an application expires, an

applicant shall submit a new application, including payment of fee.

Section 43. ARC Review of Applications. An applicant for licensure or a volunteer

certificate shall have committed no acts that are grounds for disciplinary action, or if the act was

committed, the ARC has found after investigation that sufficient restitution has been made and

the applicant no longer presents a threat to the public safety.

Section 54. Jurisprudence Examination.

(a) The ARC shall recommend eligibility to sit for the jurisprudence examination.

(b) To successfully pass the jurisprudence examination, the applicant shall score at

least 75%.

Section 65. Licensure by Examination.

(a) Eligibility. An applicant may seek licensure by examination if the applicant

graduated from a school or college accredited by the Accreditation Council on Optometric

Education and has never been licensed to practice as an optometrist in any state or is unable to

apply by endorsement.

(b) Applicant Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

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(ii) Submit acceptable fingerprint cards;

(iii) Request an official transcript from the optometry college or university to be

sent directly to the Board Office;

(iv) Request a verification of successful passage of parts one (1), two (2)

including passage of Treatment and Management of Ocular Disease, and three (3) of the examination

administered by NBEO taken within five (5) years to be sent directly to the Board Office; and

(v) Successfully pass the jurisprudence examination.

Section 76. Licensure by Endorsement.

(a) Eligibility. An applicant may seek licensure by endorsement if the applicant has

an active license in another jurisdiction.

(b) Application Requirements. An applicant shall:

(i) Submit a completed application and payment of fee.;

(ii) Submit acceptable fingerprint cards;

(iii) Successfully pass the jurisprudence examination; and

(iv) Submit evidence that demonstrates competency including:

(A) Verification of licensure where the applicant holds an active

license in another jurisdiction with licensure requirements as stringent as Wyoming; or

(B) Completion of twenty (20) hours of CE each year that meets the

criteria in Chapter 3, Section 43 for the last five (5) years.

Section 87. License Type Designation. All licenses issued by the Board will contain

the letter “T” following the license number to designate the holder as being qualified and

authorized to use diagnostic and therapeutic pharmaceutical agents in his/her practice.

Section 8. Volunteer’s Certificate. Any applicant that meets the qualifications under

Wyoming Statute § 33-23-117 shall submit a completed application.

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CHAPTER 3

RENEWAL AND RELICENSURE

Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-

109(ad) and -116 the WAPA to promulgate rules and regulations related to the application,

licensure, and renewal procedures to practice optometry in Wyoming.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to establish the requirements for renewal, reinstatement, relicensure, and

reinstatement subject to discipline.

Section 3. Annual Licensure Renewal.

(a) Notice. Failure to receive notice for renewal of a license or certificate shall not

excuse a licensee from the requirement for renewal under the Act and these Board Rules.

(b) Expiration.

(i) All licenses and certificates shall expire on April 1 of each year. License

renewal applications and fees shall be postmarked no later than April 1 to be timely.

(ii) Unless a licensee timely renews their license, the licensee shall not

practice after April 1.

(c) Renewal Application. A licensee seeking renewal shall:

(i) Submit a completed renewal application and payment of fee; and

(ii) Submit documentation verifying completion of CE identified in Section

43.

Section 4. Requirements.

(a) CE Requirements for Renewal. As a condition for renewal, each licensee shall

complete a total of forty (40) hours of CE.

(b) Timeframe for Earning CE for Renewal.

(i) The first renewal period begins on January 1st following the date their

license was issued. Following the first renewal period, if the license was issued in an even year

the licensee shall submit twenty (20) hours of CE. If the license was issued in an odd year the

licensee shall submit forty (40) hours of CE.

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(ii) CE will be required following the first renewal period and each two (2)

calendar years thereafter.

(iii) Only those CE acquired during the CE reporting period will be considered.

Duplicate courses taken during a CE reporting period will not be accepted.

(c) The Board shall approve courses related to the practice of optometry offered by

the following:

(i) COPE qualified or COPE sponsored;

(ii) AOA;

(iii) AOA recognized state associations;

(iv) American Academy of Optometry;

(v) Schools and colleges of optometry;

(vi) College of Visual Development; and

(vii) Optometric Extension Program and clinical facilities specializing in eye

care that are staffed by professors or adjunct professors of optometry or ophthalmology at

accredited optometry or medical schools.

(viii) Other courses may be submitted to the Board Office for pre-approval.

(d) Composition of CE.

(i) Licensees authorized to prescribe therapeutic pharmaceuticals shall obtain

fifteen (15) hours of the required forty (40) hours of CE in topics addressing ocular systemic

therapeusis.

(ii) Licensees shall complete three (3) hours of the required forty (40) hours of

CE in topics addressing the responsible prescribing of controlled substances.

(iii)(ii) A maximum of six (6) hours of CE in the area of practice management

may be applied towards the required forty (40) hours.

(iv)(iii) A combined maximum of ten (10) hours of COPE qualified CE

designated as “online” courses may be applied toward the required forty (40) hours. CE

designated by COPE as “live” are not subject to this restriction.

(v)(iv) One (1) CE may be earned during each renewal period for passing the

Board’s jurisprudence examination.

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(e) Reporting Requirements.

(i) Licensees shall report their CE through the OE Tracker program.

(ii) Licensees shall be able to furnish copies of any certificates of attendance,

letters certifying attendance, transcripts, or any other official documents that serve as proof of

CE participation or attendance for at least two (2) years from the date submitted for renewal.

(iii) Proof of attendance shall contain the activity title, date(s), contact hours

attended, sponsor, presenter, name of licensee and be signed by the sponsor or the presenter.

(iv) All CE must be posted on the OE Tracker website no later than December

31 of the renewing biennium year. CE posted after December 31 will be assessed a late fee.

(f) Auditing.

(i) CE may be audited by the Board for verification of compliance with these

requirements and the Board may disallow any course not meeting the intended CE criteria.

(ii) If the Board disallows any CE hours as a result of an audit, the licensee

shall have until March 31 following the CE period to:

(A) Provide further evidence that the disallowed CE hours meet the

criteria established by these rules;

(B) Provide evidence of having completed appropriate CE during the

required time frame, which may substitute for the disallowance; or

(C) Remedy the disallowance by completing the number of additional

CE hours necessary to fulfill the requirements. These additional CE hours shall not be reported

on subsequent applications for license renewal.

(iii) Failure to provide the documents requested for audit within thirty (30)

days of the date of the request may subject the licensee to disciplinary action.

(g) Waiver. The Board may grant a waiver for CE requirements for licensees who

have petitioned and demonstrated just cause based on extenuating circumstances.

(h) Volunteer Certificate Holders shall complete (20) hours of CE per year. If the

Volunteer Certificate Holder is therapeutically authorized eight (8) hours shall address systemic

ocular therapeusis.

Section 5. Reinstatement.

(a) Failure to timely renew may subject the licensee to disciplinary action for

unlicensed practice.

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(b) Reinstatement.

(i) Licensees that failed to timely renew may apply for reinstatement from

April 2 to June 30. However, licensees shall not practice until the Board approves their request.

(ii) Licensees applying for reinstatement shall comply with the requirements

in Section 43.

(iii) If an expired license is not reinstated by June 30, an applicant may seek

relicensure.

Section 6. Relicensure.

(a) Eligibility. An applicant may seek relicensure if the applicant has been licensed in

Wyoming and either failed to reinstate or is seeking to return to active clinical practice.

(b) Application Requirements. Applicant shall:

(i) Submit a completed relicensure application and payment of fee;

(ii) Demonstrate competency by:

(A) Submitting verification showing completion of twenty (20) hours

of CE for every year the license has been lapsed, not to exceed five (5) years; or

(B) Submitting verification showing successful completion of parts

one (1), two (2), and three (3) of the examination administered by NBEO within the last five (5)

years, if not actively practicing within the last five (5) years; and

(iii) Successfully pass the jurisprudence examination.

Section 7. Reinstatement Subject to Discipline.

(a) Eligibility. An applicant may seek reinstatement subject to discipline if that

license has been revoked, surrendered, suspended, conditioned, or restricted.

(b) Application Reinstatement Requirements. The applicant shall:

(i) Submit a completed reinstatement subject to discipline application and

payment of fee;

(ii) Submit evidence of complying with the requirements of a previous Board

order;

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(iii) Submit evidence of applicant’s ability to safely and competently practice;

and

(iv) Submit evidence demonstrating just cause for reinstatement subject to

discipline.

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CHAPTER 4

FEES

Section 1. Authority. The Board is authorized under Wyoming Statutes 33-23-

109(d), 33-23-116, and 16-3-113(j) to promulgate rules and regulations related to

the establishment of fees for the standard examination, initial license and the annual renewal of

licenses.

Section 21. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to determine and collect reasonable fees.

Section 32. General Information.

(a) Fees shall be payable in the exact amount and shall be paid in advance of the

services rendered.

(b) All fees collected by the Board are non-refundable.

(c) Fees related to public records requests shall be assessed pursuant to the

Department of Administration and Information’s rules concerning public records.

Section 43. Fees. Services for which the Board charges a fee shall include, but is not

limited to, the following fee schedule.

(a) License by Examination Fee .............................................................$250.00

(b) License by Endorsement Fee ............................................................$800.00

(c) Jurisprudence Re-Examination Fee ..................................................$250.00

(d) License Renewal Fee ........................................................................$175.00

(e) Reinstatement Fee .............................................................................$350.00

(f) Continuing Education Late Fee ........................................................$175.00

(g) Relicensure Fee .................................................................................$500.00

(h) Reinstatement Subject to Discipline Fee ..........................................$500.00

(i) Duplicate Document Fee.....................................................................$25.00

(j) License Verification Fee .....................................................................$25.00

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(k) Roster Fee .........................................................................................$150.00

(k)(l) Non-Sufficient Fund Fee.....................................................................$30.00

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CHAPTER 5

STANDARDS OF PRACTICE

Section 1. Authority. The Board is authorized under Wyoming Statute 33-23-116 to

promulgate rules and regulations related to the standards of optometry practice in Wyoming.

Section 21. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to define standards of practice of optometry.

Section 32. Practice of Optometry.

(a) The practice of optometry occurs where the patient is located or receives services

regardless of means, in person or electronic.

(b) Furnishing or providing a contact or ophthalmic lens prescription is the practice of

optometry.

Section 4. Optometric Procedures and Training.

(a) The following laser procedures shall be within the scope of practice of optometry:

(i) Laser Peripheral Iridotomy;

(ii) Selective Laser Trabeculoplasty; and

(iii) Yag Capsulotomy.

(b) Requirements for Laser Procedures and Treatment of the Adnexa of the Eye.

Licensees who provide laser procedures in subsection (a) above or treat the adnexa of the eye

shall demonstrate competency and training prior to performing these procedures.

(i) To perform laser procedures and treat the adnexa of the eye, a licensee

shall:

(A) Complete one of the following education and examination

requirements:

(I) Graduate from an accredited college or university of

optometry where the laser procedures in subsection (a) and adnexa treatment were taught and

passage of the NBEO Laser and Surgical Procedures Examination, or

(II) Complete a board-approved training course; and

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(B) Satisfactorily complete a proctored session within two (2) years

prior to performing laser surgical procedures. Proctoring may be performed by:

(I) An optometrist or ophthalmologist licensed to perform the

procedures in subsection (a) in any jurisdiction; or

(II) An optometrist who has previously been proctored.

(ii) If a licensee has not performed a laser procedure within two (2) years, the

licensee shall satisfactorily complete another proctored session.

(iii) Licensees performing the procedures in this section shall report to the

Board any adverse outcomes following each procedure. These reports and corresponding patient

records shall be received by the Board office within ten (10) days following the date the licensee

is aware of the adverse outcome.

(iv) Licensees shall maintain documentation evidencing completion of the

requirements in subsection (b)(i) above, and shall provide documentation to the Board upon

request.

(c) Performing any of the procedures in subsection (a) without meeting the

requirements in subsection (b) may subject the licensee to discipline for deviating from the

standard of care, and subject to disciplinary action under Chapter 7, Section 3(d)(iii)(B).

Section 53. Contact and Ophthalmic Lens Prescriptions.

(a) Expiration of Prescriptions.

(i) Contact lens prescriptions shall expire one (1) year from the date of

issuance.

(ii) Ophthalmic lens prescriptions shall expire two (2) years from the date of

issuance.

(iii) A licensee may set an expiration date of earlier than one (1) or two (2)

year expiration periods identified above only if that date is based on the licensee’s medical

judgment about the patient’s eye health. In these cases, the licensee shall document the medical

reason for the shorter expiration date with enough detail to allow for review by a qualified

medical professional. The licensee shall also maintain these records for at least three (3) years.

(b) Providing Prescriptions. Licensees shall:

(i) Provide the contact lens prescription to the patient at the end of the contact

lens fitting.

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(ii) Provide or verify the contact lens prescription to anyone who is designated

to act on behalf of the patient.

Section 64. Records Retention.

(a) Licensees shall not withhold records if a patient owes an outstanding balance.

(b) Patient records shall be:

(i) Maintained for a minimum of seven (7) years from the date of the last

patient clinical encounter;

(ii) Maintained in a physically secure and confidential manner; and

(iii) Accessible to the patient and treating doctor within a reasonable period.

Section 75. Use of Optometry Assistants. A licensee may employ an optometry

assistant(s). All optometry assistants shall practice under the licensee’s general supervision.

(a) General supervision means the procedures are performed under a licensee’s

overall direction and control. The licensee’s physical presence is not required during the

performance of the procedures. The training of assistants who actually perform the diagnostic

procedure and maintain necessary equipment and supplies is the continuing responsibility of the

licensee.

(i) Assistants shall not write orders.

(ii) The testing of patients can only be performed upon the verbal or written

direction of the licensee.

(iii) The physical presence of the licensee is not required if the assistant can

easily contact the licensee. Treatment plans, however, can only be directed once the licensee

physically reviews test results.

(b) An assistant cannot, in any manner, practice optometry.

(c) The Board does not recognize nor bestow any level of competency upon an

assistant to carry out a specific task. Such recognition of skill is the responsibility of the licensee.

Section 86. Externships.

(a) An externship is when an optometric student is allowed to practice optometry in a

clinical setting under the direct supervision of a licensee.

(b) The licensee shall comply with all necessary documentation and contracts to

become an outreach facility with an optometric institution.

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(i) The educational institution and the licensee bear liability for all acts and

omissions of the extern.

(ii) Direct supervision means the licensee must be physically present in the

office and immediately available to assist and direct throughout the performance of the

procedure. It does not mean that the licensee must be present in the room when the procedure is

being performed.

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CHAPTER 7

PROCESS AND PROCEDURE FOR APPLICATION, LICENSURE, AND DISCIPLINE

MATTERS

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 21. Statement of Purpose. These Board Rules are adopted to implement the

Board’s authority to:

(a) Conduct investigations, hearings, and proceedings concerning

(i) Actions relating to an application for a license, including granting or

denying; or

(ii) Alleged violations of the Act or Board Rules.

(b) Determine and administer appropriate disciplinary action against an applicant or

licensee.

(c) For purposes of this chapter, “licensee” means an optometrist issued a license or

certificate by the Board to practice optometry in Wyoming.

Section 32. 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:

(a) A violation of the Act or Board Rules, including:

(i) Denial of a license to practice optometry, or any disciplinary action

against a licensee, by any other state, territory, or country;

(ii) Failing to report to the Board known or suspected violations of the laws

and regulations governing the practice of optometry in Wyoming;

(iii) Submitting false information to the Board;

(iv) Failing to notify the Board of a malpractice final judgment or settlement

within thirty days;

(v) Aiding or abetting the practice of optometry in Wyoming by any person

not licensed to practice in Wyoming;

(vi) Fraudulent billing;

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(vii) Using any term other than “optometrist” or “Doctor of Optometry” to

reflect licensure; or

(viii) Loaning of a license issued by the Board;.

(ix) Accepting remuneration for professional services if a volunteer certificate

holder.

(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;

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(B) Deviates from the customary and accepted standard of care in the

profession;

(iv) Failing to:

(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

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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.

Section 43. Application Review and Investigation Process.

(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.

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(iii) If any application, including renewals, reveals any information that merits

further investigation, the matter shall be assigned to the ARC.

(b) ARC Action. Following investigation, the ARC may recommend:

(i) A license be issued, renewed, relicensed, 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,

renewal, relicensure, or reinstatement of a license with the imposition of a reprimand, conditions,

restrictions, suspension, other discipline or a combination there of; or

(iv) Denial of the application.

(c) Notice of Intent to Recommend Approval Subject to Conditions, Restrictions,

Other Disciplinary Action, or Denial of License.

(i) The ARC shall notify the applicant of its intent to recommend:

(A) IssuanceApproval of athe license subject to conditions, restrictions,

or other disciplinary action; or

(B) Denial of a licensethe application.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that warrant the issuance

or denial of a license subject to conditions, restrictions, or other disciplinary action;

(B) A statement of the nature of the actions that warrant the issuance or

denial of a license subject to conditions, restrictions, or other disciplinary action and a citation to

the applicable statutory provisions in the Act or the Board Rules involved; and

(C) 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

(D)(C) Notice of the right to a hearing if a written request is received by

the Board oOffice within thirty (30) days of the date of mailing the nNotice of iIntent.

(d) Applicant’s Response to Notice of Intent. Within thirty (30) days of the date of

the Notice of Intent, the applicant shall submit a written request to the Board office to:

(i) Hold a hearing on the ARC’s recommendation;

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(ii) Table consideration of the application; or

(iii) Withdraw the application.

(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.

(d) 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 within thirty (30) days of the date of the Notice of Intent.

(iii) Failure of the applicant to pursue proceedings related to the application

after requesting a hearing may result in dismissal.

Section 5. Petition for Modification of Conditions or Restrictions.

(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.

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(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.

Section 64. Complaint Review and Disciplinary Investigation Process.

(a) Complaint Review and Investigation. Every complaint submitted to the Board or

initiated on behalf of the Board shall be investigated by an IC.

(i) Complaints shall be submitted to the Board upon the form provided by the

Board and contain the name, address, and signature of the person making the complaint. The

Board may initiate complaints.

(ii) Complaints shall be investigated by the IC or the Board staff.

(iii) The IC may meet informally with the licensee.

(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.

(b) Voluntary Surrender. A licensee may petition the Board in writing to voluntarily

surrender their license. The Board shall hold an expedited hearing at its earliest convenience. The

Board may accept or reject the petition for voluntary surrender.

(c) IC Action. Following investigation, the IC may recommend:

(i) Dismissal of the complaint;

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(ii) Issuance of an advisory letter;

(iii) Approval of a settlement agreement, which may include a reprimand,

conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a

combination thereof;

(iv) Disciplinary action which may include a reprimand, conditions,

restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof; or

(v) Summary suspension.

Section 75. Summary Suspension.

(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 thepresents a clear and imminent danger to

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 for expedited proceeding 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.

Section 8. Voluntary Surrender

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(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.

Section 96. Formal Proceedings for Disciplinary Action.

(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.

Section 107. Petition. The IC shall initiate formal proceedings for disciplinary action

by serving a Petition to the last known address of the licensee by certified mail, by regular mail,

by electronic mail to the e-mail address indicated to be the preferred method of communication,

or by personal service at least thirty (30) days prior to the date set for 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.

Section 118. Notice of Hearing.

(a) Timing of Hearing. Upon receipt of a written request for hearing from an

applicant or filing of a Petitionor 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:

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(i) The name and last known address of the applicant or licensee;

(ii) A brief statement of the matters asserted relating to:

(A) In application matters, tThe recommendation to deny the

application, the facts upon which the recommendation to deny is based, and the statutory

provisions and/or the Board Rules the applicant is alleged to have violated; or

(B) In disciplinary matters, tThe nature of the Petition, the facts upon

which the Petition is based, and the statutory provisions and/or the 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 noticedthe 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 129. Lawful Service. There shall be a presumption of lawful service of a

petitioner, notice of hearing, Notice of Intent, Petition, and Notice of Hearing or any other

communication required by these Board Rules if sent to the last known address of the applicant

or licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to

be the preferred method of communication, or by personal service.

Section 1310. Dismissal and Default.

(a) Dismissal. The Board may dismiss an application enter an order of dismissal

based on the allegations contained in the recommendation to deny in any case where the

applicant or the applicant’s representative has not requested a hearing or appeared at a noticed

hearing.

(b) Default. 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 1411. Contested Case Hearing. The hearing officer shall preside over the

contested case hearing which shall be conducted pursuant to the WAPA and the Office of

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Administrative Hearings’ rules concerning contested case proceedings as referenced

incorporated by reference in Chapter 1.

Section 1512. Burden and Standard of Proof.

(a) Application/Licensure 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 or IC 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 or IC’s

grounds for denial or issuance of a license subject to conditions or restrictions are insufficient.

(b) DisciplinaryDiscipline Matters. The IC shall bear the burden to prove by clear and

convincing evidence that thea licensee violated the Act, or the Board’s Rules, or both.

Section 1613. Board Decision and Order.

(a) Board Action. The Board may resolve an application matter, complaint or Petition

by:

(i) Approving the recommendations of the ARC or IC; or

(ii) Dismissing a complaint;

(iii) Issuing an advisory letter;

(iv) Ruling in favor of a party on a dispositive motion;

(v)(ii) Conducting a contested case hearing. Following the hearing and

deliberation of all evidence admitted at a contested case hearing, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions,

restrictions, or other disciplinary action;

(C) Deny a license, renewal, relicense, or reinstatement;

(D) Dismiss the complaint or Petition due to lack of clear and

convincing evidence;

(E) Dismiss the complaint or Petition with an advisory letter; or

(E) Issue a notice of warning; or

(F) Impose a reprimand, conditions, restrictions, suspension,

revocation, other discipline, or a combination thereof.

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(b) Board Order. The Board shall issue a written decision and orderwhich shall be

sent to the applicant, licensee, or their representative. The decision and order shall be sent to the

applicant, licensee, or their representatives by regular mail.

Section 1714. Judicial Review.

(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.