TABLE OF CONTENTS

CHAPTER 1

GENERAL PROVISIONS

Section 1 Authority - Purpose.................................................................. 1-1

Section 2 Application............................................................................... 1-1

Section 3 Definitions .............................................................................. 1-1

Section 4 Practice in Area Not Certified.................................................... 1-2

Section 5 Dual Licensure......................................................................... 1-2

Section 6 Meetings ................................................................................. 1-3

CHAPTER 2

APPLICATION

Section 1 Application for License.............................................................. 2-1

Section 2 Abandonment of Application ..................................................... 2-1

Section 3 Renewal Application................................................................. 2-1

CHAPTER 3

INFORMATION PRACTICES

Section 1 Disclosure................................................................................ 3-1

Section 2 Access..................................................................................... 3-1

Section 3 Correction and Amendment....................................................... 3-1

Section 4 Request for Rosters.................................................................. 3-2

CHAPTER 4

QUALIFICATIONS

Section 1 Request for Licensure............................................................... 4-1

Section 2 Educational Preparation............................................................. 4-1

CHAPTER 5

SPEECH-LANGUAGE PATHOLOGY ASSISTANT AND AUDIOLOGY TECHNICIAN

Section 1 Qualifications........................................................................... 5-1

Section 2 Speech-Language Pathology

Assistant Training.................................................................. 5-1

Section 3 Duties of the Speech-Language

Pathology Assistant................................................................ 5-1

Section 4 Duties Not Assumed by the Speech-

Language Pathology Assistant................................................. 5-2

Section 5 Audiometric Technician Training................................................ 5-3

Section 6 Duties of the Audiometric Technician......................................... 5-3

Section 7 Duties Not Assumed by the

Audiometric Technician.......................................................... 5-4

Section 8 Registration.............................................................................. 5-5

Section 9 Supervision.............................................................................. 5-5

Section 10 Maximum Number of Assistants or Technicians.......................... 5-5

Section 11 Supervisor’s Responsibilities...................................................... 5-6

Section 12 Miscellaneous........................................................................... 5-6

Section 13 Notice of Termination............................................................... 5-7

Section 14 Noncompliance with Chapter..................................................... 5-7

CHAPTER 6

CONTINUING EDUCATION

Section 1 Requirements........................................................................... 6-1

CHAPTER 7

FEES

Section 1 General Information.................................................................. 7-1

Section 2 Fees........................................................................................ 7-1

CHAPTER 8

DENIAL, SUSPENSION, REVOCATION AND OTHER DISCIPLINE OF LICENSE

Section 1 Unprofessional Conduct............................................................ 8-1

CHAPTER 9

COMPLAINT, PRACTICE AND PROCEDURE

Section 1 Complaints............................................................................... 9-1

Section 2 Investigation............................................................................. 9-1

Section 3 Docket..................................................................................... 9-2

Section 4 Notice and Opportunity to Show Compliance.............................. 9-2

Section 5 Service of Notice and Formal Complaint..................................... 9-2

Section 6 Answer or Appearance.............................................................. 9-2

Section 7 Default in Licensee Answering or Appearing............................... 9-2

Section 8 Discovery................................................................................ 9-2

Section 9 Subpoenas............................................................................... 9-2

Section 10 Contested Case Hearing............................................................ 9-2

Section 11 Hearing Officer......................................................................... 9-2

Section 12 Order of Procedure at Hearing................................................... 9-3

Section 13 Rules of Civil Procedure to Apply.............................................. 9-3

Section 14 Attorneys................................................................................. 9-3

Section 15 Attorney General to be Present.................................................. 9-4

Section 16 Record of Proceedings.............................................................. 9-4

Section 17 Decision, Findings of Fact and Conclusions

of Law and Order.................................................................. 9-4

Section 18 Appeals to District Court........................................................... 9-4

Section 19 Transcript in Case of Appeal...................................................... 9-4

Section 20 Stay of Decision....................................................................... 9-4

Section 21 Applicability of Chapter............................................................. 9-4

CHAPTER 10

STANDARDS OF ETHICAL PRINCIPLES

Section 1 Principle of Ethics I.................................................................. 10-1

Section 2 Principle of Ethics II................................................................. 10-2

Section 3 Principle of Ethics III................................................................ 10-2

Section 4 Principle of Ethics IV................................................................ 10-3

Wyoming Statutes 33-33-101 through 33-33-309............................................. Appendix A

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority and Purpose. These rules are promulgated pursuant to the provisions of the License Act for Speech Pathologists and Audiologists (W.S. 33-33-101 et seq.) which sets forth conduct requirements, establishes ethical standards of practice to govern and control the professional conduct of every person holding a license to practice Speech-Language Pathology and/or Audiology, and prescribes licensing requirements and fees for licensure.

Section 2. Application. The provisions of these rules shall apply to the practice of Speech-Language Pathology and/or Audiology whether or not compensation is received for these services.

Section 3. Definitions. In addition to the definitions contained in the Act, the following definitions shall apply herein:

(a) “Act” means the License Act for Speech Pathologists and Audiologists (W.S. 33-33-101 et seq.)

(b) “A.S.H.A.” means the American Speech-Language-Hearing Association.

(d) “Development and disorders of speech, voice or language” includes, but is not limited to, screening, identifying, assessing and interpreting, diagnosing, rehabilitating, and preventing disorders of speech such as articulation, phonology, fluency, voice, resonance and nasal airflow, oral motor speech and orofacial myofunctional function, oral-pharyngeal function, such as swallowing/dysphagia and related disorders, language to include verbal and written and related non-oral/nonverbal forms, cognitive/communication disorders, memory and comprehension, auditory processing; assessing, selecting and developing augmentative and alternative communication systems and providing training in their use; providing aural rehabilitation and related counseling services to hearing impaired individuals and their families; enhancing Speech-Language proficiency and communication effectiveness, such as accent reduction; and screening of hearing and other factors for the purpose of Speech-Language evaluation or the initial identification of individuals with other communication disorders.

(e) “Examination” means the National Examination in Speech Pathology or the National Examination in Audiology administered by the Educational Testing Service or its predecessor. In addition to the written examination, the Board may administer an oral examination.

(f) “In cooperation with a Speech-Language Pathologist or Audiologist licensed under the Act...”, means under the direct supervision of, a Speech-Language Pathologist or Audiologist licensed under the Act.

(g) “Licensee” means a Speech Pathologist or Audiologist where applicable.

(h) “Measurement” includes but is not limited to, facilitating where applicable the conservation of auditory system function; developing and implementing environmental and occupational hearing conservation programs; cerumen management; screening, identifying, assessing and interpreting, diagnosing, preventing, and rehabilitating peripheral and central auditory system dysfunction; providing and interpreting behavioral and electro-physiological measurements of auditory and vestibular functions, such as auditory evoked potential assessment, neurophysiologic intraoperative monitoring or balance system assessment; providing aural rehabilitation and related counseling services to hearing impaired individuals and their families; and screening of speech-language and other factors affecting communication function for the purposes of an audiologic evaluation and/or the initial identification of individuals with other communication disorders.

(i) “Speech-Language Pathologist” means Speech Pathologist.

(j) “Speech-Language Pathology” means Speech Pathology.

(k) “Speech-Language Pathology Assistant” means Speech Pathology Aide.

Section 4. Practice in Area Not Certified.

(a) A Speech-Language Pathologist who is not certified in Audiology may perform nondiagnostic audiometric screening either for the purposes of performing a speech and language evaluation or for initial identification of individuals with other communicative disorders.

(b) An Audiologist who is not certified in Speech-Language Pathology may perform nondiagnostic speech and language screening either for purposes of performing an audiologic evaluation or for initial identification of individuals with other communicative disorders.

(c) Speech-Language Pathologists, as well as Audiologists, may provide aural rehabilitation services and auditory processing services, for which they have been properly trained.

Section 5. Dual Licensure.

(a) Provides for licensure in either/both of two areas: Speech-Language Pathology and/or Audiology. The spirit of the law does not preclude some testing of hearing as necessary to the practice of Speech-Language Pathology, nor does it preclude some testing of speech as necessary to the practice of Audiology. Thus, although dual licensure may be sought, if the applicant is qualified in each area, dual licensure is not mandated for practice which is essentially in one area only.

(b) To be licensed in Speech-Language Pathology, an individual must have appropriate training and experience in Speech-Language Pathology; to be licensed in Audiology, an individual must have appropriate training and experience in Audiology; to receive a dual licensure, an individual must have appropriate training and experience in each area. A degree in “speech and hearing” does not, in itself, qualify an individual for dual licensure.

Section 6. Meetings. Two regular Board meetings shall be held each year with one coinciding as closely as possible with the regular Wyoming Speech and Hearing Association meeting.

CHAPTER 3

INFORMATION PRACTICES

Section 1. Disclosure.

(a) The information in files compiled by the Board concerning each Licensee, except for Board decisions concerning licensure, is confidential and shall be released only to the Licensee to whom the record pertains, to others upon the Licensee’s notarized written consent or upon court order.

(b) Board decisions regarding licensure are considered public information, however, information supplied on and written on application for licensee is confidential.

clearing house.

(d) Disclosure of confidential records and public records shall also be governed by W.S. 16-4-201 et seq., Public Records Act.

Section 2. Access.

(a) Any Licensee or others with the Licensee’s notarized written consent may personally inspect the contents of pertinent Board files with the following exceptions:

(i) Personal recommendations.

(ii) Unofficial complaints.

(iii) State board examination and all documents relating to the grading thereof.

(b) Record inspection shall take place under the following conditions:

(i) An appointment must be made to review the file between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the offices of the Board.

(ii) Record inspection must take place in the presence of a member of the Board or a representative of its administrative staff.

(iii) Original documents must remain with the Board but may be copied at the Board offices for a reasonable fee. Such fee shall include cost of administrative time and copying.

Section 3. Correction and Amendment. Any License may clarify erroneous, inaccurate or misleading information in their file by submitting a written statement to the Board which will be placed in the file.

Section 4. Requests for Rosters.

(a) The Roster of Licensees shall be made available to state agencies and Licensees upon request, free of charge.

(b) Any other organization may obtain a roster in the following manner:

(i) A money order or cashier’s check in the amount of $100.00 must accompany a written request for a published list updated yearly.

(ii) A money order or cashier’s check in the amount of $200.00 and a standard personal computer diskette must accompany a written request for an electronic copy of the roster. The data will be presented in the software format currently used by the Board.

CHAPTER 5

SPEECH-LANGUAGE PATHOLOGY ASSISTANT AND AUDIOLOGY TECHNICIAN

Section 1. Qualifications. In order to work under the supervision of a licensed Speech-Language Pathologist or Audiologist, the Speech-Language Pathology Assistant or Audiometric Technician shall possess the following qualifications:

(a) Be at least 18 years old;

(b) Have a high school education or G.E.D. equivalent;

(d) Communication skills adequate for the tasks assigned;

(e) Ability to relate to the clinical population being served; and

(f) Additional qualifications may be established according to the needs of the program and the population being served.

Section 2. Speech-Language Pathology Assistant Training

(a) Speech-Language Pathology training as specified in the Rules and Regulations by a Wyoming licensed Speech-Language Pathologist shall be completed for anyone seeking initial registration and/or who has not worked in the field in the last five (5) years. The training provided consists of minimum initial requirements.

(i) The training required shall, at a minimum, consist of 25 hours of observational training in:

1. An overview of speech and/or language disorders relative to client-related care;

2. Ethical and legal responsibilities;

3. Observing and data collection specific to site population;

4. Record keeping; and

(ii) 25 hours of direct supervised client contact.

(iii) Annual training to maintain proficiency in clinical management procedures shall be conducted.

Section 3. Duties of the Speech-Language Pathology Assistant. After the initial period of intensive training, the Speech-Language Pathology Assistant may assume the following duties under the direct supervision of a licensed Speech-Language Pathologist:

(a) Conduct Speech-Language screenings (without interpretation) following specified screening protocols developed by the Licensee;

(b) Carry out prescriptive programming, set forth by the Licensee, for individuals and groups;

(d) Assist with informal documentation such as tallying notes for Licensees to use, prepare materials, and assist with other clerical duties as directed by the Licensee;

(e) Chart and graph client's progress. Record progress and sign documents only that have been reviewed and co-signed by the Licensee;

(f) Keep daily log of specific problems;

(g) Report progress to the Licensee;

(h) Schedule activities, prepare charts, records, graphs, or otherwise display data. This shall not include report generation;

(i) Perform simple checks and maintenance of equipment;

(j) Participate with the Licensee in research projects, inservice training and public relations programs;

Section 4. Duties Not Assumed by the Speech-Language Pathology Assistant. The Speech-Language Pathology Assistant shall not perform any of the following actions:

(a) Any activity which violates the Board's Standards of Ethical Principles;

(b) Administer tests, interpret test results or perform diagnostic Speech-Language evaluations. A Speech-Language Pathology Assistant may serve as a translator when working with clients with limited English proficiency and may assist the Licensee during test administration;

(d) Participate in parent conferences, case conferences or any interdisciplinary team without the presence of the Licensee;

(e) Client or family counseling;

(f) Write, develop or modify a client's treatment plan in any way without the recommendation, guidance and approval of the Licensee;

(g) Treat clients without following the treatment plan prepared by the Licensee;

(h) Sign any document without the co-signature of the Licensee;

(i) Select clients for services;

(j) Discharge a client from services;

(k) Disclose clinical or confidential information either orally or in writing to anyone not designated by the Licensee;

(l) Make referrals for additional services;

(m) Use the title "Speech-Language Pathologist" either verbally or in writing. "Speech-Language Assistant" or "Speech Pathology Aide" may be used.

Section 5. Audiometric Technician Training

(a) Audiometric training as specified in the Rules and Regulations by a Wyoming licensed Audiologist shall be completed for anyone seeking initial registration and/or who has not worked in the field in the last five (5) years. The training provided consists of minimum initial requirements.

(i) The training required shall, at a minimum, consist of 25 hours of observational training in:

1. An overview of hearing and balance relative to client-related assessment, disorders, and care;

2. Ethical and legal responsibilities;

3. Observing and data collection specific to site population;

4. Record keeping; and

(ii) 25 hours of direct supervised client contact.

(iii) Annual training to maintain proficiency in clinical management procedures must be conducted.

Section 6. Duties of the Audiometric Technician. After a period of intensive training, the Audiometric Technician may assume the following duties under the direct supervision of a licensed Audiologist:

(a) Conduct fixed intensity air conduction hearing screening, without interpretation following specified screening protocols developed by the Licensee;

(b) Perform automatic type tympanometry screening procedures following the specified screening protocols developed by the Licensee. The Audiometric Technician may not interpret tympanometry results;

(d) Assist with informal documentation such as tallying notes for Licensee, prepare materials and assist with other clerical duties as directed by the Licensee;

(e) Keep a daily log of screenings performed;

(f) Perform checks on hearing aids and other assistive listening devices. Conduct routine trouble-shooting activities designed to assist the Licensee in the determination and resolution of malfunctions with hearing aids and assistive listening devices;

(g) Clean hearing aids;

(h) Instruct clients in the use of assistive listening devices;

(i) Schedule activities, prepare charts, records, graphs or otherwise display data. This shall not include report generation;

(j) Assist the Licensee in taking earmold impressions;

(k) Sign documents only that have been reviewed and co‑signed by the Licensee;

(l) Perform simple checks and maintenance of equipment;

(m) Participate with the Licensee in research projects, inservice training and public relations programs.

Section 7. Duties Not Assumed by the Audiometric Technician. The Audiometric Technician shall not perform any of the following actions:

(a) Activity which violates the Board's Standards of Ethical Principles;

(b) Administer tests, interpret test results or perform diagnostic auditory or vestibular evaluations. An Audiometric Technician may serve as a translator when working with clients with limited English proficiency and may assist the Licensee during test administration;

(d) Discuss confidential information or test results, with the exception of indicating the data simply reveals normal or less than normal hearing sensitivity;

(e) Participate in parent conferences, case conferences or any interdisciplinary team without the presence of the Licensee;

(f) Do client or family counseling;

(g) Select, recommend or dispense a hearing aid or other assistive listening device;

(h) Work without following the specified protocol developed by the Licensee;

(i) Sign any document without the co-signature of the Licensee;

(j) Select clients for services;

(k) Discharge a client from services;

(l) Disclose clinical or confidential information either orally or in writing to anyone not designated by the Licensee;

(m) Make referrals for additional services, such as medical, hearing aids or other aural rehabilitation considerations;

(n) Use the title "Audiologist" either verbally or in writing. "Audiometric Technician" or "Audiology Aide" may be used.

Section 8. Registration. A Licensee supervising a Speech-Language Pathology Assistant or Audiometric Technician, shall register with the Board, on a form provided by the Board, providing the name of each individual working under supervision. Each Speech-Language Pathology Assistant or Audiometric Technician, working under the supervision of a Licensee, shall also register with the Board on a form provided by the Board. There shall be no fee for either of these registrations.

Section 9. Supervision. Supervision will be by a fully licensed Speech Pathologists or Audiologist with no less than two (2) years experience. The method of supervision shall be specified on registration. It is assumed that the Speech-Language Pathology Assistant or Audiometric Technician will work in the same professional setting as the supervising Licensee. The Board may determine if other arrangements are appropriate and whether supervision is adequate.

Section 10. Maximum Number of Assistants or Technicians. Licensee may not supervise more than three (3) Assistants or Technicians in the area for which they are licensed, unless it is demonstrated to the Board that:

(a) The public's health and safety would be served,

(b) The supervising Licensee has the need, and

Section 11. Supervisor's Responsibilities. Each Licensee supervising an Assistant or Technician shall be responsible for the following:

(a) Instituting the required training for each Assistant or Technician under the Licensee's supervision, encompassing all the procedures to be performed. The training shall be specified upon registration and approved by the Board;

(b) Reporting to the Board the outcome of the training, and the reliability of the Assistant's or Technician's clinical performance following training and direct observation. A report will be submitted to the Board at the end of the training but no later than at the completion of one year service;

(c) Insuring that the extent, kind and quality of functions performed are consistent with the Assistant's or Technician's training and experience; and

(d) Annually report to the Board on a form provided at the time of renewal.

Section 12. Miscellaneous

(a) One hundred percent (100%) of the Assistant's and Technician's Clinical activities are the responsibility of the Licensee. Direct on-site observations of the Assistant and Technician shall be completed according to the following:

(i) The first ten (10) hours of direct client contact following initial training.

(ii) Ten percent (10%) of all clinical sessions after the first 10 hours to include at least one in every 10 consecutive clinical sessions and periodic direct observation of every client.

(b) Direct observation means on-site, visual observation of the Assistant and Technician as a clinical activity is performed. The direct observations shall be documented and include information on the quality of the Assistant's and Technician's performance. Information obtained during direct observations may include data relative to (i) agreement between the Assistant and Technician and the Licensee on judgment of target behavior, (ii) accuracy in implementation of assessment and management procedures, (iii) accuracy in recording data, and (iv) ability to interact effectively with the client. It is recommended that whenever performance observed in areas (i) through (iv) listed above falls below the high standard of reliability set by the Licensee in three consecutive observations that the Assistant or Technician receive further training and observations be increased until the reliability returns to the required level.

(c) The Licensee shall review each individualized treatment plan weekly so that treatment modifications are made on a timely basis.

(d) In some instances, it may be necessary to change an Assistant's and Technician's duties or relieve that person of all duties if a high standard of proficiency cannot be attained, or if that person repeatedly violates the guidelines.

Section 13. Notice of Termination. Within thirty (30) days after the termination of an Assistant or Technician, the supervising Licensee shall notify the Board in writing of the date of termination.

Section 14. Noncompliance with Chapter. Failure of a supervising Licensee to comply with the provisions of this Chapter may result in a forfeiture of the privilege of the Licensee to supervise an Assistant or Technician.

CHAPTER 6

CONTINUING EDUCATION

Section 1. Requirements. After January 1, 2008 each Licensee upon application for renewal of license shall furnish evidence of completing 1.2 continuing education units in the preceding year approved by the Board. This is equivalent to twelve (12) actual contact hours. Continuing education units may include inservice provided by appropriate professional organizations, University coursework, activities or other related activities approved by the Board. These continuing education units must be in the area of licensure or in a directly related area.

(a) The Board may, for good cause shown, grant a grace period not to exceed ninety (90) days to an individual who has not completed the required continuing education prior to the renewal of their license.

(b) A Licensee may apply for approval of a continuing education program which has not been approved by the Board by contacting the Board for a prior approval form before the program is attended. This request shall be made sixty (60) days prior to the scheduled activity. It shall be the Board’s responsibility to notify the individual within thirty (30) days as to whether the continuing education activity is approved.

(c) Any institution, organization, agency or individual may apply to the Board for approval of continuing education programs. The Board shall approve those programs which are directly related to the practice of Speech-Language Pathology or Audiology. The request shall be made sixty (60) days prior to the scheduled activity. It shall be the Board’s responsibility to notify of any approval within thirty (30) days.

(d) The Board shall be the final authority on acceptance of any educational activity submitted to meet continuing education unit requirements. The Board shall request verification of clock hours submitted, including information regarding content, certification and attendance. It is the responsibility of the Licensee to submit records to substantiate continuing education units. Failure to substantiate continuing education units, when requested by the Board, may result in denial of renewal of a license.

(e) For obtaining the continuing education units, the Board shall approve, but not be limited to the following:

(i) Sessions of the national or regional professional association conventions.

(ii) Scientific and educational sessions of state conventions.

(iii) College courses taken for credit or through official audit.

(iv) Scientific or educational lectures, workshops, or seminars.

(v) Scientific and educational lectures, workshops, or seminars presented by the Licensee (a maximum of three (3) contact hours).

(vi) Articles published in a nationally or state refereed journal if the article falls within the Licensee’s area of certification (a maximum of three (3) contact hours).

(f) Areas for continuing education units include information applicable to the normal development and use of speech, language, and hearing; information pertaining to disorders of speech, language, and hearing and/or the management thereof; computer courses involving actual application to the communicatively impaired population; and dysphagia courses provided by qualified instructors.

(g) Each Licensee shall file the report and provide documentation of continuing education units by December 31 preceding the license renewal date. Acceptable documentation shall include, but not be limited to:

1) Transcripts from college/university courses,

2) Certificates of attendance indicating contact hours attended,

3) Professional CEU Registry Transcripts and/or,

4) Evidence of workshop completion.

(h) A renewal application will be sent to all Licensees prior to December 1.

(i) Submission of a false report of continuing education units hours or failure to meet these requirements shall cause the license to lapse.

(j) Sponsors requesting Board approval may be required to submit a proposed calendar of events, including program descriptions or outlines.

(k) Board approved sponsors shall be issued a sponsor number which will enable the Board to more effectively process activities.

(l) Board approved sponsors shall be required to:

(i) Provide the Board with the name of agency, address, telephone number and contact person;

(ii) Provide the Board with a program of acceptable subject matter;

(iii) Submit, within 30 days of completion of activity, a program description and a list of Licensees attending each session; and

(iv) Reapply for sponsorship.

(m) Board approved sponsors may be reviewed periodically. This will be done to insure that activities being provided are relevant to Speech-Language Pathologists and Audiologists.

CHAPTER 9

COMPLAINT PRACTICE AND PROCEDURE

Section 1. Complaints. All complaints against a Licensee shall be filed with the Board in writing and shall contain:

(a) Name and address of Licensee;

(b) Name, address and telephone number of complainant;

(d) A short and concise statement of facts relating to the alleged violations; and

(e) Signature of complainant.

Section 2. Investigation.

(a) The Board shall consider the complaint to determine if further investigation of the matter is warranted. If further investigation is deemed necessary, the Board shall assign a Board member to investigate, or the Board may hire an independent investigator to assist the Board member and a representative of the Attorney General’s Office.

(b) Upon completion of the investigation, the Board member may:

(i) Prepare and file a petition and complaint and Notice of Hearing with the Board, setting the matter for a contested case hearing;

(ii) Recommend to the Board that a letter of reprimand be issued to the Licensee;

(iii) Recommend settlement in the matter; or

(iv) Recommend to the Board that the complaint be dismissed.

(i) Sending a written letter of advice to the Licensee;

(ii) Accepting a voluntary surrender of a license;

(iii) Accepting conditional terms for settlement;

(iv) Dispensing with it an informal manner; or

(v) Dismissal.

Section 3. Docket. A contested case shall be assigned a number when a complaint is filed with the Board. A separate file shall be established for each docketed case, in which all papers, pleadings, documents, transcripts, evidence and exhibits shall be placed.

Section 4. Notice and Opportunity to Show Compliance. Prior to commencing formal proceedings or taking disciplinary action, the Board shall give notice by mail to the licensee of the facts or conduct which warrant the intended action. The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within fifteen (15) days of the mailing of the notice. Service on the licensee shall be deemed complete and effective if the notice is sent by certified mail and regular mail to the licensee at the last known address provided to the Board by the licensee.

Section (5). Service of Notice and Formal Complaint. The Petition and Complaint and Notice of Hearing shall be served personally or by mail at least thirty (30) days prior to the date set for hearing. Service shall be deemed complete and effective when sent by certified mail with return receipt requested and by regular mail to the address provided the Board by the licensee or the last known address for the licensee.

Section 6. Answer or Appearance. The Licensee shall file an Answer or Notice of Appearance, which shall be received by the Board at least three (3) working days prior to the date set for hearing in the matter.

Section 7. Default in Licensee Answering or Appearing. In the event of the failure of the Licensee to answer or otherwise appear within the time allowed, a default shall be entered and the allegations as set forth in the Petition and Complaint shall be taken as true and an Order of the Board entered accordingly.

Section 8. Discovery. In all contested cases coming before the Board, the taking of depositions and discovery shall be available to the parties.

Section 9. Subpoenas. Subpoenas for appearance and to produce testimony, books, papers, documents or exhibits may be issued by the Board or hearing officer on behalf of any party to the contested case.

Section 10. Contested Case Hearing. All issues and matters set forth in the Notice and Complaint shall be presented to the Board. A Licensee may be represented by an attorney, licensed to practice law in this State or is otherwise associated at the hearing with an attorney licensed to practice law in this State.

Section 11. Hearing Officer. The Board may employ and secure a hearing officer to assist and advise the Board in the conduct of a hearing and the preparation of recommended findings of fact, conclusions of law and order.

Section 12. Order of Procedure at Hearing. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure:

(a) The Board or hearing officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the Board or hearing officer shall incorporate all pleadings into the record and shall note for the record all subpoenas issued and all appearances of record;

(b) All persons testifying at the hearing shall be administered the standard oath;

(c) The attorney or representative of the State shall thereupon proceed to present State’s evidence. Witnesses may be cross-examined by the Licensee or attorney if represented. Redirect examination may be permitted;

(d) The Licensee shall be heard in the same manner as the State’s evidence. The State shall have the opportunity of crossexamination and redirect examination may be permitted;

(e) Opening statements may be made.

(f) Closing statements, at the conclusion of the presentation of evidence, may be made by the parties or attorneys. A rebuttal statement may be made by the State. The time for oral argument may be limited by the Board or hearing officer;

(g) After all proceedings have been concluded, the Board or hearing officer shall dismiss and excuse all witnesses and declare the hearing closed. Any party who may wish or desire to tender written briefs of law unto the Board may do so. The Board may take the case under advisement and shall declare unto each of the parties that the decision of the Board shall be announced within due and proper time following consideration of all of the matters presented at the hearing; and

(h) The Board and hearing officer shall retain the right and opportunity to examine any witness upon the conclusion of all testimony offered by a particular witness.

Section 13. Rules of Civil Procedure to Apply. The rules of practice and procedure contained in the Wyoming Rules of Civil Procedure insofar as they are applicable and not inconsistent with the matters before the Board and applicable to the rules and orders promulgated by the Board shall apply.

Section 14. Attorneys. The filing of an answer or other appearance by an attorney constitutes an appearance for the party for whom the pleading is filed. The Board and all parties shall be notified in writing of any withdrawal. Any person appearing before the Board at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless the person is an attorney licensed to practice law in this State, or associated with an attorney licensed to practice law in this State. This rule shall not be construed to prohibit any Licensee from representing themselves in any hearing before the Board, but any Licensee appearing in their own behalf shall not be relieved of abiding by all rules established for the hearing proceedings.

Section 15. Attorney General to be Present. In all hearings held upon formal action brought before the Board, a representative of the Office of the Attorney General of Wyoming shall appear on behalf of the Investigative Board Member, and shall present all evidence, testimony and legal authority in support of the Petition and Complaint to be considered by the Board.

Section 16. Record of Proceedings. When the denial, revocation or suspension of any license is the subject for hearing, it shall be regarded as a contested case and the proceedings, including all testimony, shall be reported verbatim by a court reporter or other adequate recording device.

Section 17. Decision, Findings of Fact and Conclusions of Law and Order.

(a) The Board shall, with the assistance of the hearing officer, following the full and complete hearing, make and enter a written decision and order containing findings of fact and conclusions of law. The decision and order shall be filed with the Board and shall, without further action, become the decision and order as a result of the hearing.

(b) No member, staff or agent of the Board who participated or advised in the investigation or presentation of evidence at the hearing shall participate or advise in the decision.

Section 18. Appeals to District Court. Appeals from Board decisions shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.

Section 19. Transcript in Case of Appeal. In the case of an appeal to the district court, the appellant shall pay and arrange for the transcript of the testimony or reimburse the Board for the cost of the transcript. The transcript shall be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case.

Section 20. Stay of Decision. Board decisions shall become final and enforceable upon their execution. There shall be no stay of a Board decision unless agreed to by the Board or properly granted by the district court.

Section 21. Applicability of Chapter. This Chapter shall also apply to registrations held by Assistants and Technicians.

CHAPTER 10

STANDARDS OF ETHICAL PRINCIPLES

Section 1. Principle of Ethics I. Licensees shall honor their responsibility to hold paramount the welfare of persons they serve professionally. The preservation of the highest standards of integrity and ethical principles is vital to the successful discharge of the responsibilities of all Licensees. These standards of ethical practice have been promulgated by the Board in an effort to highlight the fundamental rules considered essential to this basic purpose. The failure to specify any particular responsibility or practice in this Chapter should not be construed as denial of the existence of other responsibilities or practices that are equally important. Any act that is in violation of the spirit and purpose of this Chapter shall be unethical practice. It is the responsibility of each licensee to advise the Board of instances of violation of the principles incorporated in this Chapter.

(a) Licensees shall provide all services competently. The Licensee who engages in clinical work shall possess appropriate qualifications. Qualifications are provided by W.S. 33-33-105(a) (i), (ii), (iii) and Chapter 3 of this regulation.

(b) Licensees shall use every resource, including referral when appropriate, to insure that high quality service is provided.

(c) Licensees shall not discriminate in the delivery of professional services on the basis of race, sex, age, religion, national origin, sexual orientation, or handicapping condition.

(d) Licensees shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed.

(e) Licensees shall evaluate the effectiveness of services rendered and of products dispensed and shall provide services or dispense products only when benefit can reasonably be expected. Licensees shall not exploit persons professionally, by accepting them for treatment where benefit cannot reasonably be expected to accrue, by continuing treatment unnecessarily, or by charging exorbitant fees.

(f) Licensees shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.

(g) Licensees shall not evaluate or treat speech, language, or hearing disorders solely by correspondence. This does not preclude follow-up by correspondence of individuals previously seen, nor does it preclude providing the persons served professionally with general information of an educational nature.

(h) Licensees shall maintain adequate records of professional services rendered and products dispensed and shall allow access to these records when appropriately authorized.

(i) Licensees shall not reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community.

(j) Licensees shall not charge for services not rendered, nor shall they misrepresent, in any fashion, services rendered or products dispensed.

(k) Licensees shall use persons in research or as subjects of teaching demonstrations only with their informed consent.

(l) Licensees shall withdraw from professional practice when substance abuse or an emotional or mental disability may adversely affect the quality of services they render.

(m) Licensees shall take every precaution to avoid injury to persons served professionally.

Section 2. Principle of Ethics II. Licensees shall honor their responsibility to achieve and maintain the highest level of professional competence.

(a) Licensees shall engage in the provision of clinical services for which they are licensed.

(b) Licensees shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience. Any Licensee who has not completed proper professional preparation shall not provide speech, language or hearing services except in a supervised clinical practicum situation as a part of training. A Licensee holding a clinical position and involved in graduate work is not regarded as a student in training.

(d) Licensees shall prohibit any of their professional staff from providing services that exceed the staff member’s competence, considering the staff member’s level of education, training, and experience.

(e) Licensees shall insure that all equipment used in the provision of services is in proper working order and is properly calibrated.

Section 3. Principle of Ethics III. Licensees shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions.

(a) Licensees shall not misrepresent their credentials, competence, education, training, or experience.

(b) Licensees shall not participate in professional activities that constitute a conflict of interest.

(c) Licensees shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.

(d) Licensees’ statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, and about professional services.

(e) Licensees’ statements to the public--advertising, announcing, and marketing their professional services, reporting research results, and promoting products--shall adhere to prevailing professional standards and shall not contain misrepresentations.

(f) Licensees should help in education of the public regarding speech, language and hearing problems and other matters within the scope of their professional competence.

(g) Licensees should seek to provide and expand services to persons with speech, language and hearing handicaps, and to assist in establishing high professional standards for such programs.

Section 4. Principle of Ethics IV. Licensees shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions. Licensees shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions’ self-imposed standards.

(a) Licensees shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.

(b) Licensees shall not engage in dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the professions or on the individual’s fitness to serve persons professionally.

(c) Licensees shall assign credit only to those who have contributed to a publication, presentation, or product. Credit shall be assigned in proportion to the contribution and only with the contributor’s consent.

(d) Licensees’ statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.

(e) Licensees shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.

(f) Licensees who have reason to believe that the Code of Ethics has been violated shall inform the Board.

(g) Licensees shall cooperate fully with the Board in its investigation and adjudication of matters related to this Code of Ethics.

(h) Licensees shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of race, sex, age, religion, national origin, sexual orientation, or handicapping condition.

(i) The duties owed by the Licensee to other professional workers are many. The Licensee should:

(i) Seek professional discussion of all theoretical and practical issues but avoid personal invective directed toward professional colleagues or members of allied professions.

(ii) Establish harmonious relations with members of other professions, and endeavor to inform others concerning the services that can be rendered by members of the speech, language and hearing profession and in turn should seek information from members of related professions.

(iii) Strive to increase knowledge within the field of speech, language and hearing.