§ 33-26-406 — Reinstatement of license; removal of restrictions or conditions from a license

Wyoming § 33-26-406

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 26: PHYSICIANS AND SURGEONS
• Art. 4: INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS

Text

(a) A person whose license has been voluntarily
relinquished, revoked, restricted or suspended, or had
conditions or restrictions placed upon his license, 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. 33-26-405 not less than six
(6) months after final judicial review of a board order
accepting relinquishment of, or revoking, restricting, placing
conditions upon or suspending the petitioner's license or six
(6) months after the date of the board order if there is no
judicial review.
(b) The petitioner shall submit a petition in writing 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 or
relinquishment of petitioner's license.
(c) Upon receipt of the petition, the board shall set the
matter for hearing in accordance with the provisions of the
Wyoming Administrative Procedure Act. 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 or relinquishment of petitioner's
license and that petitioner is able to safely, skillfully and
competently resume the practice of medicine; 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 is able to safely,
skillfully and competently practice medicine in this state.
(d) 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.
(e) Any final order issued by the board hereunder shall be
subject to judicial review as provided for by W.S. 33-26-407.
(f) 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.
(g) Notwithstanding subsections (a) through (d) of this
section, if a license is suspended under W.S. 33-26-404(d), the
license may be reissued 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. 33-26-404(d).