§ 33-21-146 — Disciplining licensees and certificate holders; grounds

Wyoming § 33-21-146

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 21: NURSES
• Art. 1: IN GENERAL

Text

(a) The board of nursing may refuse to issue or renew, or
may suspend or revoke the license, certificate or temporary
permit of any person, or to otherwise discipline a licensee or
certificate holder, upon proof that the person:
(i) Has engaged in any act inconsistent with uniform
and reasonable standards of nursing practice as defined by board
rules and regulations;
(ii) Has been found guilty by a court, has entered an
Alford plea or has entered a plea of nolo contendere to a
misdemeanor or felony that relates adversely to the practice of
nursing or to the ability to practice nursing;
(iii) Has practiced fraud or deceit:
(A) In procuring or attempting to procure a
license or certificate to practice nursing or nurse assisting;
(B) In filing or reporting any health care
information, including but not limited to client documentation,
agency records or other essential health documents;
(C) In signing any report or record as an
advanced practice registered nurse, registered nurse, a licensed
practical nurse or certified nursing assistant;
(D) In representing authority to practice
nursing or nurse assisting; or
(E) In submitting any information or record to
the board.
(iv) Is unfit or incompetent to practice nursing by
reason of negligence, habits or other causes including but not
limited to:
(A) Being unable to practice nursing with
reasonable skill and safety to patients by reason of physical or
mental disability, or use of drugs, narcotics, chemicals or any
other mind-altering material; or
(B) Performance of unsafe nursing practice or
failure to conform to the essential standards of acceptable and
prevailing nursing practice, in which case actual injury need
not be established.
(v) Has engaged in any unauthorized possession or
unauthorized use of a controlled substance as defined in the
Wyoming Controlled Substances Act;
(vi) Has had a license or certificate to practice
nursing or nurse assisting or to practice in another health care
discipline in another jurisdiction, territory or possession of
the United States denied, revoked, suspended or otherwise
restricted;
(vii) Has practiced nursing or nurse assisting within
this state without a valid current license or temporary permit
or as otherwise permitted under this act, the Nurse Licensure
Compact or the Advanced Practice Registered Nurse Compact;
(viii) Has knowingly and willfully failed to report
to the board any violation of this act or of board rules and
regulations;
(ix) Has been found by the board to have violated any
of the provisions of this act or of board rules and regulations;
(x) Has knowingly engaged in an act which the
licensee or certificate holder knew was beyond the scope of the
individual's nursing or nurse assisting practice prior to
committing the act, or performed acts without sufficient
education, knowledge or ability to apply nursing principles and
skills;
(xi) Has failed to submit to a mental, physical or
medical competency examination following a proper request by the
board made pursuant to board rules and regulations and the
Wyoming Administrative Procedure Act;
(xii) Has violated a previously entered board order;
or
(xiii) Has violated W.S. 35-4-1001.
(b) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend
or otherwise restrict a license or certificate issued by the
board, the board shall notify the party named in the court order
of the withholding, suspension or restriction of the license or
certificate in accordance with the terms of the court order. No
appeal under the Wyoming Administrative Procedure Act shall be
allowed for a license or certificate withheld, suspended or
restricted under this subsection.