§ 33-25-111 — Discipline; denial or suspension of license or certificate; grounds

Wyoming § 33-25-111

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 25: PHYSICAL THERAPISTS

Text

(a) The board may revoke, suspend, restrict, condition,
reprimand, refuse to issue or refuse to renew the license or
certification of any individual who:
(i) Practices physical therapy or acts as a physical
therapist assistant in violation of the provisions of this act;
(ii) Has practiced or attempts to practice fraud or
deceit in:
(A) Procuring or attempting to procure a license
or certificate;
(B) Filing or reporting any health care
information, including but not limited to client documentation,
agency records or other essential health documents;
(C) Signing any report or record as a physical
therapist or physical therapist assistant;
(D) Representing authority to practice physical
therapy;
(E) Submitting any information or record to the
board.
(iii) Commits negligence or incompetence in the
practice of physical therapy or engages in any act inconsistent
with uniform and reasonable standards of physical therapy
practice as defined by board rules and regulations, whether with
or without injury to a patient;
(iv) Has been convicted of a felony or a misdemeanor
that relates adversely to the practice of physical therapy or
the ability to practice physical therapy, in the courts of this
state, another jurisdiction or another country. As used in this
paragraph, conviction includes a finding or verdict of guilt, an
admission of guilt, a plea of nolo contendere or a plea
agreement where the defendant has pled guilty yet not admitted
to all the facts that comprise the crime;
(v) Unlawfully uses or possesses controlled
substances, or excessively indulges in the use of alcoholic
beverages;
(vi) Has treated or has undertaken to treat human
ailments otherwise than by physical therapy as defined in this
act;
(vii) Has had his license to practice physical
therapy or certification to act as a physical therapist
assistant refused, revoked or suspended or has had other
disciplinary action taken in another jurisdiction or country;
(viii) Has negligently failed to refer a patient
whose condition is beyond the training or ability of the
physical therapist to another professional qualified to diagnose
or care for the condition;
(ix) Has engaged in any conduct or practice contrary
to recognized standards of ethics of the physical therapy
profession where the conduct or practice might constitute a
danger to the health, safety or welfare of the patient or the
public;
(x) Engages directly or indirectly in the division,
transferring, assigning, rebating, or refunding of fees received
for professional services or profits by means of a credit or
other valuable consideration as an unearned commission, discount
or gratuity with any person who has referred a patient, or with
any relative or business associate of the referring person.
Nothing in this paragraph shall be construed as prohibiting the
members of any regularly and properly organized business entity
comprised of or including physical therapists from making any
division of their total fees among themselves as they determine
by contract necessary;
(xi) Has been judged mentally incompetent by a court
of competent jurisdiction;
(xii) Fails to refer a patient or client or post
information as required by W.S. 33-25-102(c) and (e);
(xiii) Has knowingly engaged in an act which the
license or certificate holder knew was beyond the scope of the
individual’s license or certificate or performed acts without
sufficient education, knowledge or ability to competently apply
physical therapy principles and skills;
(xiv) Is unfit or incompetent to practice physical
therapy by reason of negligence, habits or other causes
including but not limited to inability to exercise reasonable
skill and care for patients by reasons of physical disability,
mental disability or the use of drugs, narcotics, alcohol,
chemicals or other substance that affects mental faculties;
(xv) Knowingly fails to report to the board any
violation of this act or rules and regulations of the board;
(xvi) Violates any provisions of this act, rules and
regulations of the board or lawfully issued disciplinary order
of the board;
(xvii) Has engaged or attempted to engage in conduct
that subverts or undermines the integrity of the examination or
the examination process including but not limited to utilizing
recalled or memorized examination questions, failing to comply
with all test center security procedures, communicating with
other examinees during the examination or copying or sharing
examination questions or portions of questions;
(xviii) Has failed to maintain adequate patient
records that include identification of the patient, evaluation
of objective findings, a diagnosis, a plan of care, a treatment
record and a discharge plan;
(xix) Has failed to properly supervise physical
therapist assistants or physical therapy aides;
(xx) Repealed by Laws 2018, ch. 80, § 3.
(xxi) Has interfered with an investigation or
disciplinary proceeding by:
(A) Failing to provide the board with requested
information or documents, including patient medical records;
(B) Misrepresentation of material facts;
(C) Threatening, harassing or intimidating any
patient, witness or board member during the course of an
investigation.
(xxii) Has failed to maintain patient
confidentiality, including confidentiality of records relating
to consultation by telecommunication, without documented patient
authorization or as otherwise required by law.
(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 issued by the board, the board
shall notify the party named in the court order of the
withholding, suspension or restriction of the license in
accordance with the terms of the court order. No appeal under
the Wyoming Administrative Procedure Act shall be allowed for a
license withheld, suspended or restricted under this subsection.