§ 33-27-120 — Grounds for denial, suspension or revocation of license and other disciplinary sanctions

Wyoming § 33-27-120

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 27: PSYCHOLOGY AND BEHAVIOR ANALYSTS
• Art. 1: GENERAL PROVISIONS

Text

(a) A psychologist, behavior analyst or assistant behavior
analyst and anyone under his supervision shall conduct his
professional activities in conformity with ethical and
professional standards as promulgated by rule of the board.
(b) After notice and a hearing, the board may revoke,
refuse to renew, reprimand, censure, limit the scope of
practice, place on probation with or without terms, conditions
or limitations or suspend licenses to practice psychology or
behavior analysis for any of the following acts or offenses:
(i) Fraud in applying for or procuring a license to
practice psychology or behavior analysis;
(ii) Immoral, unprofessional or dishonorable conduct
as defined in the rules and regulations promulgated by the
board;
(iii) Practicing psychology or behavior analysis in a
manner which endangers the welfare of clients or patients;
(iv) Conviction of a felony that interferes with the
ability to practice psychology or behavior analysis as defined
by rule of the board;
(v) Conviction of any felony or conviction of any
crime or offense that reflects the inability of the practitioner
to practice with due regard for the health and safety of clients
or patients. A copy of the conviction certified by the clerk of
the court entering the conviction is conclusive evidence of the
conviction;
(vi) Harassment, intimidation or abuse, sexual or
otherwise, of a client or patient;
(vii) Sexual exploitation of a client or patient as
defined by W.S. 33-27-113(a)(viii);
(viii) Use of untruthful or deceptive or improbable
statements concerning the licensee's qualifications or the
effects or results of proposed treatment, including functioning
outside of one's professional competence established by
education, training and experience;
(ix) Malpractice or negligence in the practice of
psychology or behavior analysis;
(x) Aiding or abetting the practice of psychology or
behavior analysis by a person not licensed by the board;
(xi) Fraud in filing medicare or medicaid claims or
in filing claims to any third party payor;
(xii) Exercising undue influence to exploit a client,
patient, student or supervisee for financial or other personal
advantage to the practitioner or a third party;
(xiii) The suspension or revocation by another
jurisdiction of a license to practice psychology or behavior
analysis or the suspension or revocation of a behavior analysis
certification issued by the certifying entity;
(xiv) Refusal to appear before the board after having
been ordered to do so in writing by the chair of the board;
(xv) Making any fraudulent or untrue statement to the
board;
(xvi) Violation of the code of ethics adopted in the
rules and regulations of the board;
(xvii) Inability to practice psychology or behavior
analysis with reasonable skill and safety to patients or clients
by reason of illness, inebriation, misuse of drugs, narcotics,
alcohol, chemicals or any other substance or as a result of any
mental or physical condition; or
(xviii) Providing psychology services under the
Psychology Interjurisdictional Compact, W.S. 33-27-202, without
satisfying the standards and conditions imposed by the compact
or without complying with rules promulgated by the board related
to providing psychological services under the compact.
(c) With respect to evidence of any conviction or the
suspension or revocation of a license for the purposes of
subsection (b) of this section, a certified copy of the record
of conviction from the court entering the conviction, from the
state suspending or revoking the license, or from the
coordinated licensure information system operated under the
Psychology Interjurisdictional Compact, W.S. 33-27-202, shall be
conclusive evidence thereof.
(d) 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.
(e) For purposes of this section, "conviction" means and
includes a plea of guilty, nolo contendere and a verdict of
guilty upon which a judgment of conviction may be rendered.