(a)No person shall:
(i)Engage in the practice of professional
counseling, clinical social work, marriage and family therapy or
addictions therapy unless licensed or certified to so practice
under this act or to represent himself to the public as being
licensed as a professional counselor, a clinical social worker,
a marriage and family therapist or as an addiction therapist, or
certified as a certified social worker or certified addictions
practitioner, certified mental health worker, or to represent
himself to the public as a professional counselor, a clinical
social worker, a social worker, mental health worker, a marriage
and family therapist, an addictions therapist or an addictions
practitioner without having first complied with this act;
(ii)Engage in the professional practice of
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(a) No person shall:
(i) Engage in the practice of professional
counseling, clinical social work, marriage and family therapy or
addictions therapy unless licensed or certified to so practice
under this act or to represent himself to the public as being
licensed as a professional counselor, a clinical social worker,
a marriage and family therapist or as an addiction therapist, or
certified as a certified social worker or certified addictions
practitioner, certified mental health worker, or to represent
himself to the public as a professional counselor, a clinical
social worker, a social worker, mental health worker, a marriage
and family therapist, an addictions therapist or an addictions
practitioner without having first complied with this act;
(ii) Engage in the professional practice of
counseling, clinical social work, marriage and family therapy,
or addictions therapy and fail to provide a professional
disclosure statement as provided in W.S. 33-38-111 except as
exempted by W.S. 33-38-103 or other law.
(b) Repealed by Laws 1993, ch. 181, § 3.
(c) The board may refuse to renew, or may deny, suspend,
revoke or otherwise restrict licensure or certification under
this act for any of the following causes:
(i) Conviction of a felony or misdemeanor that
relates adversely to the practice of counseling, marriage and
family therapy, clinical social work or addictions therapy or to
the ability to practice counseling, marriage and family therapy,
clinical social work or addictions therapy, including pleas of
nolo contendere. A certified copy of the conviction shall be
conclusive evidence of the conviction;
(ii) Renting or lending the license or certificate
issued pursuant to this act to any person planning to use that
license or certificate;
(iii) Unprofessional or unethical conduct;
(iv) Gross incompetence and malpractice;
(v) Mental incompetency;
(vi) Knowingly submitting false or misleading
information to the board in any application for examination,
licensure or certification;
(vii) Habitual intemperate use of alcohol or a
controlled substance;
(viii) Violation and conviction of a charge under the
Wyoming Controlled Substances Act;
(ix) Willful violation of any provisions of this act;
(x) Sexual exploitation of a patient, defined as:
(A) Any verbal behavior by a licensee or
certificate holder under this chapter which involves offers of
exchange of professional services for some form of sexual
gratification; or
(B) Unlawful or unprofessional sexual contact
with a client.
(xi) Failure to make timely application for
licensure, certification or renewal thereof or to meet the
continuing education requirements prior to the license or
certificate expiration date.
(d) Proceedings under this section may be taken by the
board from matters within its knowledge or upon information from
another. If the informant is a member of the board, the other
members of the board shall judge the accused. All complaints
shall be in writing, verified by some party familiar with the
facts alleged, and shall be filed with the board. Upon receiving
the complaint the board, if it deems the complaint sufficient,
shall proceed as in a contested case under the Wyoming
Administrative Procedure Act. Upon revocation of any license or
certification, the fact shall be noted upon the records of the
board and the license or certification shall be marked cancelled
upon the date of its revocation. Any suspension issued by the
board pursuant to this section shall be for a period not greater
than one (1) year and any licensee or certificate holder
sanctioned shall not be allowed to practice in this state until
completion of the suspension period and timely review by the
board. The sanction of revocation upon order of the board shall
be for a stated period not to exceed three (3) years, and a
person whose license or certification has been revoked may not
apply for reinstatement until thirty (30) days before the end of
the stated period of revocation.
(e) Persons violating this act are guilty of a misdemeanor
punishable by a fine of not more than seven hundred fifty
dollars ($750.00), by imprisonment for not more than six (6)
months, or both. A third or subsequent conviction for violation
of this section during a thirty-six (36) month period shall
constitute a felony punishable by imprisonment for not more than
two (2) years, a fine of not more than two thousand dollars
($2,000.00), or both. Each violation shall constitute a
separate offense.
(f) The board may seek an injunction in the district court
to enjoin any person from violating this act.
(g) Notwithstanding the prohibitions imposed under
paragraph (a)(i) of this section, a person shall be authorized
to engage in the practice of professional counseling and
represent himself to the public as being a licensed professional
counselor if authorized to practice in accordance with the
Interstate Compact for Licensed Professional Counselors under
W.S. 33-38-202.