§ 33-26-509 — Reinstatement

Wyoming § 33-26-509

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 26: PHYSICIANS AND SURGEONS
• Art. 5: PHYSICIAN ASSISTANTS

Text

(a) Except as provided in subsection (b) of this section,
any person whose license has been revoked, restricted or
suspended under this chapter, voluntarily or by action of the
board, may petition for reinstatement of his license or for
removal of any restrictions or conditions placed upon his
license pursuant to W.S. 33-26-508 not less than six (6) months
after final judicial review of a board order revoking,
restricting or suspending the petitioner's license or six (6)
months after the date of the board order if there is no judicial
review or six (6) months after the date of the board agreement
to accept a relinquished, restricted or conditioned license. The
petitioner shall submit a written petition to the board that, at
a minimum, sets forth and provides information regarding the
petitioner’s fulfillment of any and all conditions or compliance
with all restrictions imposed upon petitioner by any prior order
of the board or success in correcting the conduct that formed
the basis for revocation of petitioner’s license.
(b) If a license is suspended under W.S. 33-26-508(d), the
license may be reinstated without a hearing as provided in this
section upon receipt from the department of family services of
notice that the applicant has complied with the terms of the
court order that resulted in the suspension or restriction of
the license under W.S. 33-26-508(d).
(c) The burden of proof upon the petitioner at the hearing
shall be to demonstrate, by a preponderance of evidence, that:
(i) Petitioner has corrected the conduct that formed
the basis for the revocation of petitioner’s license and that
petitioner is able to safely, skillfully and competently resume
practice as a physician assistant; or
(ii) Petitioner has fulfilled all conditions or
complied with all restrictions imposed upon petitioner by any
prior order of the board, has otherwise corrected the conduct or
condition which formed the basis for the restrictions or
conditions placed on petitioner’s license and that petitioner is
able to safely, skillfully and competently practice as a
physician assistant in this state.
(d) Upon receipt of a petition that contains the
information required by subsection (a) of this section, the
board shall set the matter for a contested case hearing in
accordance with the provisions of the Wyoming Administrative
Procedure Act.
(e) After a hearing conducted pursuant to subsection (c)
of this section, the board shall issue specific findings of
facts, conclusions of law and a final order:
(i) Reinstating the license;
(ii) Reinstating the license subject to restrictions
or conditions;
(iii) Removing or modifying the restrictions or
conditions of the license; or
(iv) Denying reinstatement of the license or removal
of the restrictions or conditions on the license.
(f) Any final order issued by the board shall be subject
to judicial review as provided for by W.S. 33-26-407.
(g) If the board denies a reinstatement or removal of
restrictions or conditions, future petitions for reinstatement
or removal of restrictions or conditions may be submitted not
less than one (1) year after the board's final order denying
reinstatement or removal of restrictions or conditions.