§ 33-27-122 — Board hearings and investigations

Wyoming § 33-27-122

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

Text

(a) The board may investigate or cause to be investigated
any allegation or evidence that appears to show that a
psychologist, behavior analyst or assistant behavior analyst
licensed to practice in this jurisdiction, including a person
providing psychological services pursuant to the Psychology
Interjurisdictional Compact, W.S. 33-27-202, and anyone under
his supervision is, or may be, in violation of this act, in
violation of the Psychology Interjurisdictional Compact or in
violation of any of the rules adopted by the board.
(b) Any person who in good faith reports a violation to
the board shall be absolutely immune from civil liability for
any statement or opinion made in the report.
(c) The board shall conduct hearings in accordance with
the Wyoming Administrative Procedure Act and duly promulgated
rules and regulations.
(d) The licensee may waive any or all of his rights to a
formal adjudicatory proceeding.
(e) The board may conduct a default hearing if, after due
notice, the individual fails or refuses to appear. The board
shall have the authority to issue subpoenas for production of
documents and witnesses and to administer oaths. The board may
apply to a court of competent jurisdiction to compel compliance
with a subpoena.
(f) A psychologist, behavior analyst or assistant behavior
analyst may surrender his license when he is charged with any
violation of this act, the Psychology Interjurisdictional
Compact, W.S. 33-27-202 or board rules and regulations, and such
surrender and acceptance by the board shall constitute
acknowledgment by the person as an admission of guilt as
charged. The circumstances of the surrender shall be reported in
the same fashion as a revocation action.
(g) A psychologist, behavior analyst or assistant behavior
analyst may request in writing to the board that a restriction
be placed upon his license to practice. The board, in its
discretion, may accept a surrender or grant a request for
restriction and shall have the authority to attach restrictions
to the license to practice within this state or otherwise to
discipline the licensee.
(h) Subsequent to the holding of a hearing and the taking
of evidence by the board as provided for in this section, if a
majority of the board finds that a psychologist, behavior
analyst or assistant behavior analyst is in violation of this
act or the Psychology Interjurisdictional Compact, W.S. 33-27-
202, or is guilty of any of the acts, offenses or conditions as
enumerated by the board, the following actions may be taken:
(i) The board may revoke or suspend the license or
ability to practice under the Psychology Interjurisdictional
Compact, W.S. 33-27-202;
(ii) The board may suspend imposition of a revocation
or suspension of a license or ability to practice under the
Psychology Interjurisdictional Compact, W.S. 33-27-202;
(iii) The board may impose revocation or suspension
of a license or ability to practice under the Psychology
Interjurisdictional Compact, W.S. 33-27-202, but suspend
enforcement thereof by placing the psychologist, behavior
analyst or assistant behavior analyst on probation, which
probation shall be revocable if the board finds the conditions
of the probation order are not being followed. As a condition of
probation the board may require the psychologist, behavior
analyst or assistant behavior analyst to submit to care,
counseling or treatment by a professional designated by the
board. The expense of the action shall be borne by the
probationer. The board may at any time modify the conditions of
the probation and may include among them any reasonable
condition for the purpose of the protection of the public, or
for the purpose of the rehabilitation of the probationer, or
both;
(iv) The board may require restitution when
necessary; and
(v) The board may assess the costs of the
disciplinary proceeding as specified in its rules and
regulations.
(j) The board shall take all necessary action against a
person violating the Psychology Interjurisdictional Compact,
W.S. 33-27-202, as required by the compact.