TITLE 33 - PROFESSIONS AND OCCUPATIONS

 

CHAPTER 1 - LICENSING GENERALLY

 

ARTICLE 1 - IN GENERAL

 

33-1-101.� Sheriff to furnish licenses and collect fees.

 

It shall be the duty of the sheriff of each county to furnish all licenses and collect all moneys for the same as hereinafter provided, and if the sheriff of any county shall knowingly permit any person subject to such license to conduct or carry on any branch of business, occupation or pursuit without first obtaining such license, such sheriff shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law in case of similar offenses.

 

33-1-102.� Licenses to be prepared by county clerk; contents of licenses; disposition of moneys.

 

Licenses shall be prepared by the county clerk and shall be delivered to the sheriff of the county wherein they shall be issued, and each license shall contain the name of the person and the character and place of business to be conducted under such license; and it shall be the duty of the county clerk to affix his official signature and the seal of the county to such license, which license shall be countersigned by the county treasurer or his deputy, before being issued by the sheriff, and all moneys collected under and for such license shall be paid by the sheriff into the county treasury within fifteen (15) days from the date of said license.

 

33-1-103.� Clerk to keep abstract of licenses; inspection by commissioners.

 

It shall be the duty of the county clerk to keep on file in his office, and submit for the inspection of the county commissioners at each of their regular sessions, a faithful and correct abstract containing full information of all licenses so issued to the sheriff, and neglect to comply with the provisions of this section shall be deemed a misdemeanor and shall be punished as provided by law.

 

33-1-104.� County treasurer to make report of license receipts.

 

It shall be the duty of the county treasurer of each county to furnish to the county commissioners at each of their regular sessions a full and complete statement of all moneys received for licenses issued, as provided in W.S. 33-1-103, failure or neglect on the part of the treasurer to comply with the provisions of this section shall be deemed a misdemeanor, and shall be punished as provided by law.

 

33-1-105.� License money to be credited to general fund.

 

All money collected for licenses, as provided for by this act, shall constitute a portion of, and be credited to, the general county fund.

 

33-1-106.� Certain licenses payable to incorporated towns.

 

All licenses issued by any county in this state for the sale of liquors, or for owning or keeping a billiard table, or any table used for pool or bagatelle, and all licenses issued by the counties for any other game or games, not prohibited by the laws of this state, when the licensee shall be a resident of and carrying on the business for which he is licensed within the corporate limits of any incorporated town, city or village, the license shall be collected by the city marshal or collecting officer of the incorporated town, city or village, for the purposes mentioned in this section. It shall be the duty of the collecting officer, between the first and fifteenth days of each month, to pay into the treasury of such incorporated town, city or village, all monies collected for the licenses, which monies shall be applied to the general revenue purposes of the incorporated town, city or village.

 

33-1-107.� Authority of county to levy and collect license tax; purpose; uniformity required.

 

For the purpose of raising revenue, any county of the state of Wyoming hereby is authorized to levy and collect a license tax on any business whatsoever conducted, carried on, or trafficked in within the limits of such county and the board of county commissioners hereby is authorized to adopt such resolutions as shall be necessary to carry into effect the provisions of this section. All such license taxes shall be uniform with respect to the class of such upon which imposed.

 

33-1-108.� Authority of county to levy and collect license tax; W.S. 33-1-107 not applicable to certain counties.

 

W.S. 33-1-107 shall not apply to any county having an assessed valuation for the current tax year exceeding twelve million dollars ($12,000,000.00).

 

33-1-109.� Disposition of fines.

 

Every magistrate or other officer to whom any fines imposed under general laws of the state shall be paid for the use of the county, shall, at each regular meeting of the board of county commissioners, make a report of the total amount so collected, and all fines so collected shall be paid into the county treasury for the credit of the public school fund of the county, within thirty (30) days after collection thereof.

 

33-1-110.� Failure of officer to report fines.

 

Any magistrate or other officer neglecting, omitting or refusing to comply with the provisions of W.S. 33-1-109 shall be guilty of a misdemeanor, and shall be punished as provided by law.

 

33-1-111.� Informers may testify.

 

Persons prosecuting or giving information under the provisions of this act may be competent witnesses on the trial thereof, notwithstanding their interest in the penalty to be recovered.

 

33-1-112.� Penalties may be recovered by action.

 

Penalties incurred by a violation of the provisions of this act may be recovered by action of debt in the name of the county prosecuting the same, or by indictment or complaint in the name of the people of the state of Wyoming.

 

33-1-113.� Unpaid licenses.

 

If any sheriff fail, from causes not within his control to collect the amount payable on any license issued as provided in W.S. 33-1-101, after such license has been issued, such license shall be returned to the county treasurer within twenty (20) days after the issuance thereof, and it shall be the duty of said county treasurer to note the fact of such failure to collect, and to return the license to the office of the county clerk at the next regular session of the board of county commissioners; said license shall be cancelled or destroyed by said board of county commissioners.

 

33-1-114.� License applications; social security numbers required; exception.

 

Except as otherwise specifically provided by statute, a board or commission authorized to establish examination, permit or license application requirements for any profession or occupation regulated under this title shall require applicants for new licenses, certificates of registration or renewals of licenses or certificates to include the applicant's social security number on the application form.

 

33-1-115.� Professional assistance programs for health care providers and others as specified; confidentiality of records.

 

(a)� As used in this section:

 

(i)� "Health care provider" means a person who is licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, and for purposes of this section also includes a pharmacist, pharmacy technician or veterinarian;

 

(ii)� "Licensee" means:

 

(A)� Any individual holding a permit or license as a health care provider as a profession or occupation regulated under this title;

 

(B)� Any individual admitted to the Wyoming state bar; or

 

(C)� Any individual teaching in a public school pursuant to a certificate or permit issued under the laws of this state by the Wyoming professional teaching standards board.

 

(iii)� "Professional assistance program" or "program" means a program or activity relating to drug or alcohol abuse prevention, referral, treatment or rehabilitation, which is directly or indirectly assisted by a board or commission or other organization established under this title for the regulation of licensees or the Wyoming state bar or the Wyoming professional teaching standards board established under W.S. 21-2-801.

 

(b)� Any information pertaining to the identity, diagnosis, prognosis, referral or treatment of any licensee possessed in connection with the performance of any professional assistance program shall be confidential and shall not be disclosed except under the circumstances expressly authorized by subsections (c) and (d) of this section.

 

(c)� The content of any record referred to in subsection (b) of this section may be disclosed in accordance with the prior written consent of the licensee with respect to whom the record is maintained.

 

(d)� Whether or not the licensee gives his written consent, the content of the record may be disclosed as follows:

 

(i)� To medical personnel to the extent necessary to meet a bona fide medical emergency;

 

(ii)� For the purpose of conducting research or program evaluations, provided that the record may not identify any individual in the program;

 

(iii)� As required to report under state law incidents of suspected child abuse or neglect to the appropriate authorities;

 

(iv)� If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore;

 

(v)� If compelled in an administrative action before a board or commission to enforce its laws, rules, regulations or permit or license requirements, unless the disclosure would violate federal law; or

 

(vi)� To the state board or commission regulating the licensee, if the diagnosis or prognosis determines a clearly definable drug or alcohol abuse problem and the licensee refuses to seek treatment.

 

(e)� A court order under this section may authorize disclosure of confidential information only with notice to the professional assistance program and, after an opportunity for response and an in camera review if necessary, the court finds:

 

(i)� The disclosure is necessary to protect against an existing threat to life or of serious bodily injury;

 

(ii)� The disclosure is necessary in connection with investigation or prosecution of an extremely serious crime such as one which directly threatens loss of life or serious bodily injury; or

 

(iii)� The disclosure is in connection with litigation or an administrative proceeding in which the patient offers testimony or other evidence pertaining to the content of the confidential communications.

 

(f)� Except as provided in this section, referrals to a professional assistance program shall be absolutely privileged and no lawsuit predicated thereon may be instituted. The program, its board members, employees and agents shall be immune from suit for conduct within the scope of their functions without malice and in the reasonable belief that their actions were warranted, including conduct and actions performed by the terms of a contract with a state board or commission.

 

(g)� The department of health shall provide assistance to any certifying, permitting or licensure board that desires to establish professional assistance programs as defined under this section.

 

ARTICLE 2 - FEES

 

33-1-201.� Fees generally.

 

(a)� Except as otherwise specifically provided by statute, a board or commission authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under title 23 shall establish those fees in accordance with the following:

 

(i)� Fees shall be established by rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;

 

(ii)� Fees shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required for the profession or occupation under this title;

 

(iii)� The board or commission shall maintain records sufficient to support the fees charged.

 

33-1-202.� Disposition of fees and interest.

 

 

(a)� Except as otherwise specifically provided by statute:

 

(i)� All fees and monies received and collected by the boards or commissions under this title and under W.S. 11-25-105(d), 21-2-802(d) and 23-2-414(d) shall be deposited into the state treasury and credited to each board's or commission's respective account as created by statute;

 

(ii)� The interest on all fees and monies collected by the boards or commissions under this title and under W.S. 11-25-105(d), 21-2-802(d) and 23-2-414(d) shall be credited as follows:

 

(A)� An amount equal to the first fifty percent (50%) of the interest earned from the previous year shall be deposited into an account within the enterprise fund to be used to fund legal services provided to the boards and commissions by the attorney general; and

 

(B)� The remainder of the interest shall be deposited in each board's or commission's respective account as created by statute.

 

CHAPTER 2 - ABSTRACTORS

 

33-2-101.� Abstractor to have complete set of abstracts and give bond.

 

Hereafter no person, company or corporation shall engage in or carry on the business of making or furnishing abstracts of title to any real estate within this state, without first having a full and complete set of abstract records of title of all the real estate situated in the county in which such business is carried on; or, in case such abstract business is limited to furnishing abstracts of real estate situated in an incorporated city or town, in such case a complete set of abstracts of all real estate in such city or town shall be kept, and such person, company or corporation shall also first enter into bond to the people of the state of Wyoming for the use of any person who shall sustain loss or damage by reason of the failure of any such person, company or corporation in the performance of his or their duty as such abstractor. Said bond shall be in the penal sum of ten thousand dollars ($10,000.00), with sufficient sureties, to be approved by and filed with the county clerk of such county, and conditioned for the faithful performance of his or their duty as such abstractor.

 

33-2-102.� Penalty.

 

Any person, company or corporation who shall carry on or attempt to carry on any business mentioned in section one of this act and who shall fail, neglect or refuse to fully comply with the provisions of this act shall, upon conviction thereof, be fined in the sum of five hundred dollars ($500.00), for each and every offense.

 

CHAPTER 3 - ACCOUNTANTS

 

ARTICLE 1 - IN GENERAL

 

33-3-101.� Citation.

 

This act may be cited as the "Certified Public Accountant's Act of 2005".� This act applies only to certified public accountants and certified public accountant firms and those who hold themselves out to be a certified public accountant or a certified public accountant firm.

 

33-3-102.� Definitions.

 

(a)� As used in this act:

 

(i)� "Board" means the Wyoming board of certified public accountants created by W.S. 33-3-103;

 

(ii)� "State" means any state of the United States excluding Wyoming, any territory or insular possession of the United States or the District of Columbia;

 

(iii)� Masculine terms when used in this act shall include the feminine;

 

(iv)� "Permit" means a permit to engage in the practice of public accounting as a "certified public accountant firm" issued by the board under W.S. 33-3-118 and 33-3-120 which has not expired, been revoked or suspended;

 

(v)� "Examination" means a written examination described in W.S. 33-3-109(a)(iv);

 

(vi)� "Attest service" means any of the financial statement services described in the following subparagraphs.� The statements on standards specified in the following subparagraphs shall be adopted by reference by the board pursuant to the Wyoming Administrative Procedure Act and shall be those developed for general application by recognized national accountancy organizations such as the American Institute of Certified Public Accountants and the public company accounting oversight board:

 

(A)� Any audit or other engagement performed in accordance with the statements on auditing standards;

 

(B)� Any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services;

 

(C)� Any examination of prospective financial information to be performed in accordance with the statement on standards for attestation engagements; or

 

(D)� Any engagement to be performed in accordance with the auditing standards of the public company accountancy oversight board.

 

(vii)� "Certificate" means a certificate as "certified public accountant" issued under this act or corresponding provisions of prior law, or a corresponding certificate as certified public accountant issued after examination under the law of any other state;

 

(viii)� "Certified public accountant firm" means any form of organization allowed by state law that has been issued a permit under this act;

 

(ix)� "Compilation service" means providing a service to be performed in accordance with the statements on standards for accounting and review services that is presented in the form of financial statements, information that is the representation of the client, the client's management or owners without undertaking to express any assurance on the statements;

 

(x)� "Home office" means the location specified by the client as the address to which a service described in W.S. 33-3-116(a)(iv) is directed;

 

(xi)� "License" means an active certified public accountant certificate or any other comparable document issued by any other state based on completing education, examination and experience requirements;

 

(xii)� "NASBA" means the national association of state boards of accountancy;

 

(xiii)� "Principal place of business" means the office location designated by the licensee for purposes of substantial equivalency and reciprocity;

 

(xiv)� "Substantial equivalency" is a determination by the board or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements of W.S. 33-3-116(c)(i) or that an individual certified public accountant's education, examination and experience are comparable to or exceed the education, examination and experience requirements of W.S. 33-3-116(c)(i). In ascertaining substantial equivalency the board shall take into account the qualifications without regard to the sequence in which experience, education or examination requirements were attained;

 

(xv)� "This act" means W.S. 33-3-101 through 33-3-201.

 

33-3-103.� Wyoming board of certified public accountants; creation; members; vacancies; removal; reappointment.

 

There is created a Wyoming board of certified public accountants. The board shall consist of five (5) members appointed by the governor. Members of the board shall be citizens of the United States and residents of Wyoming. Four (4) members of the board shall be persons who hold certified public accountant certificates issued under the laws of Wyoming and are in good standing as certified public accountants. One (1) member of the board shall be a member of the general public. The members of the board first to be appointed shall hold office, one (1) for one (1) year, two (2) for two (2) years and two (2) for three (3) years from July 1, 1975, the term of each to be designated by the governor. Their successors shall be appointed for terms of three (3) years. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and qualified. The governor shall remove any member from the board whose certificate has been revoked or suspended, and may remove any member of the board as provided in W.S. 9-1-202. No person, who has served two (2) successive complete terms of one (1), two (2) or three (3) years is eligible for reappointment until after the lapse of one (1) year. An appointment to fill an unexpired term is not considered a complete term.

 

33-3-104.� Board chairman; board secretary; regulations; quorum; seal; records.

 

The board shall elect annually a chairman and a secretary from its members. The secretary shall receive and account for all fees and other money received by the board. A majority of the board shall constitute a quorum for the transaction of business. The board shall have a seal which shall be judicially noticed. The board shall keep records of its proceedings. The board may employ personnel and arrange for any assistance it may require in the performance of its duties.

 

33-3-105.� Annual register; contents.

 

The board shall prepare for public distribution, in July of each year, an annual register which shall contain the names, arranged alphabetically by classifications, of all certified public accountants, the names of the members of the board and other matters deemed proper by the board. Copies of the register shall be made available to each certificate holder who requests a copy.

 

33-3-106.� Compensation of board members; expenses.

 

Each member of the board shall receive as salary the sum paid each day to members of the state legislature, for each day spent in the discharge of his official duties and mileage and per diem allowance as allowed to state employees. Compensation, reimbursement of expenses and all other obligations incurred by the board shall be paid from the certified public accountant's account.

 

33-3-107.� Fees; collection; certified public accountant's account; disbursements; transfer of existing funds.

 

All fees collected under the provisions of this act shall be paid by the secretary of the board at the end of each month into the Wyoming state treasury. The Wyoming state treasurer shall account for all collections and other funds of the board in a separate account. The treasurer shall credit five percent (5%) of all money collected each year to the general fund and the balance to the certified public accountant's account. All funds of any organization of certified public accountants held by the Wyoming state treasurer on the effective date of this act shall be transferred to and become a part of the certified public accountant's account.

 

33-3-108.� Rules and regulations; procedure.

 

(a)� The board shall prescribe rules and regulations not inconsistent with the provisions of this act as it deems consistent with, or required by, the public welfare. The rules and regulations shall include:

 

(i)� Rules of procedure for governing the conduct of matters before the board;

 

(ii)� Rules of professional conduct for establishing and maintaining high standards of competence and integrity for certified public accountants in the profession of public accountancy;

 

(iii)� Regulations governing educational and experience requirements for issuance of the certificate of certified public accountant, and further educational requirements, and not exceeding one hundred twenty (120) hours for each three (3) year period, to be met from time to time by certificate holders in order to maintain their professional knowledge and competence, as a condition to continuing in the practice of public accountancy as a certified public accountant;

 

(iv)� Regulations governing certified public accountant firms practicing public accounting which use the title "certified public accountant", including but not limited to rules concerning style, name, title and affiliation with any other organization;

 

(v)� Rules governing the determination of substantial equivalence for practice privileges or the issuance of certificates;

 

(vi)� Rules exempting certificate holders from maintaining active, inactive or retired status as determined by the board.

 

(b)� All rules and regulations of the board shall be promulgated in compliance with the Wyoming Administrative Procedure Act.

 

33-3-109.� Certified public accountant; qualifications.

 

(a)� An active certificate of "certified public accountant" shall be granted by the board to any person:

 

(i)� Who is a resident of Wyoming or has a place of business in Wyoming, or as an employee, is regularly employed in Wyoming; and

 

(ii)� Who has attained the age of majority in Wyoming; and

 

(iii)� Repealed by Laws 2005, ch. 1, � 2.

 

(iv)� Who has passed a written examination in accounting and auditing and other related subjects the board determines to be appropriate; and

 

(v)� Who, prior to January 1, 2012, meets the requirements of subparagraphs (A) and (B) or subparagraphs (C) and (D) of this paragraph or, on or after January 1, 2012, meets the requirements of subparagraphs (C) and (D) of this paragraph:

 

(A) �Earned a baccalaureate degree conferred by a college or university recognized by the board, with a total education program to include an accounting concentration or equivalent as determined to be appropriate by the rules and regulations of the board, or what the board determines to be substantially the equivalent of the foregoing;

 

(B)� Completed at least four (4) years of full-time experience in the practice of public accounting.� The experience shall include providing any type of service or advice involving the use of accounting skills, any auditing, review or compilation service, any management advisory or financial advisory service, or any tax or consulting service.� Experience shall be verified by an active certified public accountant or the equivalent as determined by the board, or by providing representative samples of work as determined by the board.� The experience shall be acceptable if it is gained through employment in government, industry, academia or public accounting;

 

(C)� Completed at least one hundred fifty (150) semester hours of college education including a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined to be appropriate by the rules and regulations of the board;

 

(D)� Completed at least one (1) year of full-time experience in the practice of public accounting.� The experience shall include providing any type of service or advice involving the use of accounting skills, any auditing, review, or compilation service, any management advisory or financial advisory service, or any tax or consulting service.� Experience shall be verified by an active certified public accountant or the equivalent as determined by the board, or by providing representative samples of work as determined by the board.� The experience shall be acceptable if it is gained through employment in government, industry, academia or public accounting.

 

(b)� Repealed by Laws 1993, ch. 77, � 2.

 

(c)� As used in this act, "the practice of certified public accounting" means holding oneself out to the public or otherwise in such a manner as to state or imply that one is:

 

(i)� Skilled in the practice of accounting and auditing;

 

(ii)� Qualified to express any form of assurance on financial statements;

 

(iii)� Qualified to express opinions on financial statements for credit purposes, for use in the courts or for other purposes involving third party reliance on these financial statements; or

 

(iv)� Skilled in the provision of any accounting service including recording and summarizing financial transactions, analyzing and verifying financial information, reporting financial results to an employer, clients or other parties and rendering tax or management advisory services to any employer, clients or other parties.

 

(d)� There shall be a reasonable annual certificate fee to be established by board rules in accordance with W.S. 33-1-201.� All certificates shall expire on the last day of December of each year and may be renewed annually for a period of one (1) year by certificate holders and registrants who meet the requirements specified in subsection (e) of this section and upon payment of the annual fee.� If the annual certificate fee is not paid by the first day of November, a late renewal fee as set by board rule in accordance with W.S. 33-1-201 may be added to the renewal fee.

 

(e)� Applications for renewal of an active certificate shall be accompanied by evidence of satisfaction of the continuing education requirements during the three (3) years preceding the application.� Failure by an individual applicant to furnish this evidence shall constitute grounds for nonrenewal under W.S. 33-3-121, unless the board determines the failure is due to reasonable cause or excusable neglect.� The board may renew a certificate despite the failure to furnish evidence of satisfaction of the requirements of continuing education upon the condition that the applicant follow a particular future program or schedule of continuing education.� In issuing rules, regulations and individual orders regarding requirements of continuing education, the board may use and rely upon guidelines and pronouncements of recognized educational and professional associations, may prescribe the content, duration and organization of courses, shall take into account the applicant's access to continuing education courses and any impediments to the interstate practice of certified public accounting which may result from differences in these requirements in other states and may provide for relaxation or suspension of the requirements for applicants who certify that they do not intend to engage in the practice of certified public accountancy or for instances of individual hardship.

 

(f)� Persons holding a certificate issued under W.S. 33-3-109 or 33-3-116 but who do not practice public accounting in Wyoming and have not lost the right to active status shall place the certificate on an inactive status.� A person classified as inactive shall pay an annual inactive fee not exceeding one-half (1/2) the annual fee charged to active certificate holders.� If the fee is not paid by December 31, a late fee as set by board rule in accordance with W.S. 33-1-201, may be added to the annual fee.� A person classified as inactive may assume or use the title or designation "certified public accountant" or the abbreviation "CPA" and shall use the words "inactive" adjacent to the designation "CPA" or "certified public accountant".

 

(g)� The board by regulation may allow persons to retire the certificate. A person classified as retired shall pay a fee to be established by board rule in accordance with W.S. 33-1-201. A person classified as retired may assume or use the title or designation "certified public accountant" or the abbreviation "CPA" and shall use the words "retired" adjacent to the designation "CPA" or "certified public accountant".

 

(h)� Any individual certificate holder or individual with practice privileges who is responsible for supervising attestation services or compilation services or who signs or authorizes someone to sign the accountant's report on the financial statements shall meet the experience or competency requirements set forth in the professional standards for such services.

 

(j)� Nothing in subsection (c) of this section shall be construed to prohibit public accountants from providing the services listed in subsection (c) of this section as long as the public accountant does not hold himself out to be a certified public accountant.

 

(k)� The board shall issue a certificate to a holder of a substantially equivalent foreign designation provided that:

 

(i)� The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority's comparable designation; and

 

(ii)� The foreign designation:

 

(A)� Was issued by a foreign authority that regulates the practice of certified public accountancy and the foreign designation has not expired or been revoked or suspended;

 

(B)� Entitles the holder to issue reports upon financial statements; and

 

(C)� Was issued upon the basis of educational, examination and experience requirements established by the foreign authority or by law; and

 

(iii)� The applicant:

 

(A)� Received the designation based on educational and examination standards substantially equivalent to those in effect in this state at the time the foreign designation was granted;

 

(B)� Completed an experience requirement substantially equivalent to the requirements of subparagraph (a)(v)(D) of this section in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements within the ten (10) years immediately preceding the application as prescribed by board rule; and

 

(C)� Passed a uniform qualifying examination in national standards acceptable to the board.

 

(m)� An applicant for a certificate under subsection (k) of this section shall list in the application all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy.� Each holder of a certificate issued under subsection (k) of this section shall notify the board in writing within thirty (30) days after its occurrence of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.

 

(n)� The board has sole authority to interpret the application of the provisions of subsections (k) and (m) of this section.

 

(o)� An active certificate of "certified public accountant" shall be granted by the board to any person who makes application and demonstrates eligibility under the substantial equivalency standard when the person establishes a principal place of business in this state.� Qualifications may be established through a designee as provided in board rule.

 

(p)� An active certificate of "certified public accountant" may be granted by the board to any person who makes application but does not meet the eligibility under the substantial equivalency standard upon a showing:

 

(i)� The applicant passed the uniform certified public accountant examination; and

 

(ii)� The applicant had four (4) years of experience of the type set forth in subparagraph (a)(v)(D) of this section within the ten (10) years immediately preceding the application as prescribed by board rule.

 

33-3-110.� Examinations and special tests; when held; use of prepared questions and grading service.

 

The examination shall be held not less frequently than once each year. The board may make use of any part of the uniform certified public accountant examination and advisory grading service as the board deems appropriate to assist it in performing its duties.� The board may administer a special test designed to test skills of foreign accountants.� The special test shall be administered in conjunction with the examination as often as may be necessary.

 

33-3-111.� Candidate for examination; eligibility.

 

 

A candidate who has met the education requirement specified in W.S. 33-3-109(a)(v), or who expects to meet the requirements within ninety (90) days following the examination, or with respect to whom the requirement has been waived, is eligible to take the examination when he has met the requirements of W.S. 33-3-109(a)(i) and (ii). When any candidate is admitted to the examination on the expectation that he will complete the education requirement within ninety (90) days, no certificate shall be issued, nor shall credit for any part of the examination be given, unless the requirement is in fact completed within that time or within the time the board in its discretion may determine upon application.

 

33-3-112.� Reexamination; waiting period; credit for parts passed in other states.

 

 

(a)� The board may by regulation prescribe the terms and conditions under which a candidate who passes one (1) or more of the subjects of the examination may be reexamined in only the remaining subjects, with credit for the subjects previously passed. It may also provide by regulation for a reasonable waiting period for a candidate's reexamination in any subject he has failed.

 

(b)� The board may provide by regulation for granting credit to a candidate for his satisfactory completion of any subject of the examination given by the licensing authority in any state, if when he took the examination in another state he was not a resident of Wyoming or, as an employee, was not regularly employed in Wyoming. The regulations shall include the requirements the board determines to be appropriate in order that any examination approved as a basis for any credit shall be at least as thorough as the most recent examination given by the board at the time of the granting of the credit.

 

33-3-113.� Examination, reexamination and test fees.

 

 

(a)� The board shall establish fees for all examinations as determined by rules and regulations of the board in accordance with the requirements of the Wyoming Administrative Procedure Act, as follows:

 

(i)� In an amount sufficient to ensure funds adequate to administer the examination required by W.S. 33-3-110;

 

(ii)� In an amount sufficient to ensure funds adequate to administer the special test to foreign applicants authorized by W.S. 33-3-110.

 

(iii)� Repealed by Laws 1993, ch. 77, � 2.

 

33-3-114.� Repealed By Laws 2005, ch. 1, � 2.

 

 

33-3-115.� Certified public accountants; certificates under prior law.

 

Persons who hold certified public accountant certificates issued under prior laws of Wyoming are not required to obtain additional certificates or register under the provisions of this act, but are subject to all other provisions of this act. Certificates issued under prior law shall be considered certificates issued under the provisions of this act. All certificate holders who maintained the certificate on inactive status under prior law may continue to hold the certificate pursuant to the terms of this act without meeting additional experience requirements under W.S. 33-3-109(a)(v). All certificate holders whose principal place of business is in this state and who provide services in Wyoming as defined in W.S. 33-3-109(c) shall maintain the certificate on active status.� All certificate holders whose principal place of business is not in this state and who are not eligible for practice privileges as provided in W.S. 33-3-116 and who provide service in this state as defined in W.S. 33-3-109(c) shall maintain the certificate on active status.� Certificate holders who are eligible for practice privileges as provided in W.S. 33-3-116 may elect to maintain the Wyoming certificate pursuant to W.S. 33-3-109(d) through (f).

 

33-3-116.� Certified public accountant; holders of certificates in sister states.

 

(a)� The board may allow practice privileges as follows:

 

(i)� An individual whose principal place of business is not in this state and who holds a valid license as a certified public accountant from any state which the board, or its designee as determined by board rule and as provided in W.S. 33-3-109(o), has determined to be in substantial equivalence with subsection (c) of this section shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all the privileges of certificate holders of this state without the need to obtain a certificate under W.S. 33-3-109.� Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone or electronic means, under this subsection shall be granted practice privileges in this state and no notice, fee or other submission shall be required of the individual.� Any individual practicing under this paragraph shall be subject to the requirements of paragraph (a)(iii) of this section;

 

(ii)� An individual whose principal place of business is not in this state and who holds a valid license as a certified public accountant from any state which the board, or its designee as determined by board rule and as provided in W.S. 33-3-109(o), has not determined to be in substantial equivalence with the certified public accountant licensure requirements of subsection (c) of this section shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all the privileges of certificate holders of this state without the need to obtain a certificate under W.S. 33-3-109 if the individual obtains from the board or its designee verification that the individual's certified public accountant qualifications are substantially equivalent to the certified public accountant licensure requirements of subsection (c) of this section.� Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone or electronic means, under this subsection shall be granted practice privileges in this state and no notice, fee or other submission shall be required of the individual.� Any individual practicing under this paragraph shall be subject to the requirements of paragraph (a)(iii) of this section;

 

(iii)� An individual licensee of another state exercising the privileges afforded under this subsection and the firm which employs that licensee simultaneously consents as a condition of the grant of this privilege:

 

(A)� To the personal and subject matter jurisdiction and disciplinary authority of the board;

 

(B)� To comply with this act and any board rules;

 

(C)� That in the event the license from the state of the individual's principal place of business is no longer valid, the individual will cease offering or rendering professional services in this state individually and on behalf of a firm; and

 

(D)� To the appointment of the state board which issued their license as their agent upon whom process may be served in any action or proceeding by the board against the licensee.

 

(iv)� An individual who qualifies for practice privileges under this subsection shall only provide services through a firm which has obtained a permit issued under W.S. 33-3-118 when performing the following services for any entity with its home office in this state:

 

(A)� Providing any financial statement audit or other engagement to be performed in accordance with statements on auditing standards;

 

(B)� Providing any examination of prospective financial information to be performed in accordance with statements on standards for attestation engagements; or

 

(C)� Providing any engagement to be performed in accordance with public company accounting oversight board auditing standards.

 

(b)� A licensee of this state offering or rendering services or using his certified public accountant title in another state shall be subject to disciplinary action in this state for any act committed in another state for which the licensee would be subject to discipline.� Notwithstanding W.S. 33-3-123, the board shall investigate any complaint made by the board of accountancy of another state.

 

(c)� An individual shall be deemed to meet the substantial equivalency requirements of this state if he meets the requirements of paragraph (i) or (ii) of this subsection:

 

(i)� The individual holds a valid license as a certified public accountant from any state that requires as a condition of licensure that the individual:

 

(A)� Completes at least one hundred fifty (150) semester hours of college education including a baccalaureate or higher degree conferred by a college or university;

 

(B)� Achieves a passing grade on the uniform certified public accountant examination; and

 

(C)� Possesses at least one (1) year experience including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, which may be obtained through government, industry, academic or public practice verified by a licensee or the equivalent of a licensee as determined by the board.

 

(ii)� The individual holds a valid license as a certified public accountant from any state that does not meet the requirements of paragraph (i) of this subsection but the individual has otherwise met the requirements of paragraph (i) of this subsection or substantially similar requirements.� Any individual who passed the uniform certified public accountant examination prior to January 1, 2012 may be exempted from the educational requirements in subparagraph (c)(i)(A) of this subsection for purposes of this paragraph.

 

(d)� Nothing in this section shall be interpreted to prohibit an individual who qualifies for practice privileges under this section from applying for a Wyoming certified public accountant certificate.

 

33-3-117.� Repealed By Laws 2005, ch. 1, � 2.

 

33-3-118.� Certified public accountant firms.

 

(a)� A certified public accounting firm that has been issued a permit under this act may practice in any form of organization allowed by state law.

 

(i)� Repealed By Laws 2005, ch. 1, � 2.

 

(ii)� Repealed By Laws 2005, ch. 1, � 2.

 

(iii)� Repealed By Laws 2005, ch. 1, � 2.

 

(b)� The board shall grant or renew a permit to a certified public accounting firm demonstrating its qualifications in accordance with this section:

 

(i)� Repealed By Laws 2005, ch. 1, � 2.

 

(ii)� Repealed By Laws 2005, ch. 1, � 2.

 

(iii)� Repealed By Laws 2005, ch. 1, � 2.

 

(iv)� Repealed By Laws 2005, ch. 1, � 2.

 

(v)� Repealed By Laws 2005, ch. 1, � 2.

 

(vi)� Repealed By Laws 2005, ch. 1, � 2.

 

(vii)� Repealed By Laws 2005, ch. 1, � 2.

 

(viii)� Repealed By Laws 2005, ch. 1, � 2.

 

(ix)� Repealed By Laws 2009, Ch. 99, � 2.

 

(x)� Repealed By Laws 2009, Ch. 99, � 2.

 

(xi)� Repealed By Laws 2009, Ch. 99, � 2.

 

(xii)� Repealed By Laws 2009, Ch. 99, � 2.

 

(xiii)� Except as otherwise provided in this section, the following shall be required to hold a permit issued under this section:

 

(A)� Any firm with an office in this state performing any attest services as defined in W.S. 33-3-102(a)(vi);

 

(B)� Any firm with an office in this state that uses the title "CPA" or "CPA firm"; and

 

(C)� Any firm that does not have an office in this state but performs attest services described in W.S. 33-3-102(a)(vi)(A), (C) or (D) for a client having its home office in this state.

 

(xiv)� A firm which does not have an office in this state may perform services described in W.S. 33-3-102(a)(vi)(B) or 33-3-102(a)(ix) for a client having its home office in this state and may use the title "CPA or "CPA firm" without a permit issued under this section if:

 

(A)� The firm has the qualifications described in paragraph (xvi) of this subsection and W.S. 33-3-132; and

 

(B)� The firm performs the services through an individual with practice privileges under W.S. 33-3-116(a).

 

(xv)� A firm which is not subject to the requirements of paragraph (xiii) or (xiv) of this subsection may perform other professional services while using the title "CPA" or "CPA firm" without a permit if:

 

(A)� The firm performs the services through an individual with practice privileges under W.S. 33-3-116(a); and

 

(B)� The firm can lawfully perform those services in the state where the individual with practice privileges has his principal place of business.

 

(xvi)� Notwithstanding any other provision of law, at least a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, shall belong to holders of a certificate who are licensed in some state and those partners, officers, shareholders, members or managers whose principal place of business is in this state and who perform professional services in this state shall hold a valid certificate issued under W.S. 33-3-109 or the corresponding provision of prior law.� Firms may include noncertificate holder owners but the firm and its ownership shall comply with rules promulgated by the board;

 

(xvii)� Any firm may include nonlicensed owners provided that:

 

(A)� The firm designates a certificate holder of this state, or in the case of a firm which is required to have a permit pursuant to W.S. 33-3-116(a)(iv) a licensee of another state who meets the requirements of W.S. 33-3-116(a), who is responsible for the proper registration of the firm and the firm identifies that individual to the board;

 

(B)� All nonlicensed owners shall be active individual participants in the firm or the firm's affiliated entities;

 

(C)� The firm complies with any other requirements imposed by board rules;

 

(D)� Any firm which is not in compliance with the requirements of this paragraph due to changes in firm ownership or personnel after receiving or renewing a permit shall take corrective action to bring the firm back into compliance.� The board, through rule and regulation, shall specify a period of time for firms to take corrective action.� Failure to take corrective action may be grounds for suspension or revocation of the permit issued under this section.

 

(c)� Repealed By Laws 2005, ch. 1, � 2.

 

(d)� This section shall not be applied to prohibit any officer or employee of the state or federal government or political subdivision thereof from performing his official duties.

 

33-3-119.� Accounting offices; registration.

 

An applicant for initial issuance or renewal of a permit to practice under W.S. 33-3-118 shall register each office of the firm within the state with the board and shall provide evidence that all attest and compilation services rendered in the state are under the charge of a person holding a valid license issued under W.S. 33-3-109 or the corresponding provision of prior law or the laws of some other state.� The board shall by regulation prescribe the procedure to be followed in effecting these registrations.

 

33-3-120.� Permits; annual fee; renewal; requirements.

 

(a)� Permits to engage in the practice of public accounting as a certified public accountant firm in Wyoming shall be issued by the board to certified public accountant firms registered under this act if all offices of the registrant in Wyoming are maintained and registered as required under W.S. 33-3-119.

 

(b)� There shall be an annual permit fee to be determined by the board in accordance with W.S. 33-1-201. All permits shall expire on the last day of December of each year and may be renewed annually for a period of one (1) year by registrants who meet the requirements specified in subsection (a) of this section and upon payment of the annual permit fee. If the annual permit fee is not paid by the first day of November, a late renewal fee as set by the board in accordance with W.S. 33-1-201 shall be added to the renewal fee.

 

(c)� Repealed By Laws 2005, ch. 1, � 2.

 

(d)� Repealed By Laws 2005, ch. 1, � 2.

 

(e)� Repealed By Laws 2005, ch. 1, � 2.

 

(f)� Repealed By Laws 2005, ch. 1, � 2.

 

(g)� Repealed By Laws 2005, ch. 1, � 2.

 

33-3-121.� Certificates and permits; disciplinary action; grounds.

 

(a)� After notice and 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 may suspend for a period not to exceed two (2) years, any certificate issued under this act or practice privilege or may revoke, suspend, limit the scope of practice, or refuse to renew any permit issued under this act or may censure the holder of a permit for any of the following causes:

 

(i)� Fraud or deceit in obtaining a certificate as certified public accountant or in obtaining a permit under this act;

 

(ii)� Dishonesty, fraud or gross negligence in the practice of public accounting;

 

(iii)� Violation of any of the provisions of this act;

 

(iv)� Violation of any rule promulgated by the board under the authority granted by this act;

 

(v)� Conviction of a felony under the laws of Wyoming or any other state or of the United States;

 

(vi)� Conviction of any crime, an element of which is dishonesty or fraud, under the laws of Wyoming or any state or of the United States;

 

(vii)� Cancellation, revocation, suspension or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee;

 

(viii)� Permanent revocation of the right to practice before any state or federal agency;

 

(ix)� Repealed By Laws 2005, ch. 1, � 2.

 

(x)� Failure of a certificate holder to furnish evidence showing the satisfaction of the requirements of continuing education required by the board;

 

(xi)� Failure of a certificate or permit holder to show compliance with W.S. 33-3-132 regarding practice monitoring programs.

 

(b)� 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 certificate or permit issued by the board or a practice privilege, the board shall notify the party named in the court order of the withholding, suspension or restriction of the certificate, practice privilege or permit in accordance with the terms of the court order.� No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate, practice privilege or permit withheld, suspended or restricted under this subsection.

 

(c)� In lieu of or in addition to any disciplinary action specifically provided in subsection (a) of this section, the board may require a certificate, practice privilege or permit holder to complete such continuing professional education programs as the board may specify or undergo peer review as the board may specify.

 

33-3-122.� Repealed By Laws 2005, ch. 1, � 2.

 

 

33-3-123.� Initiation of disciplinary proceedings; conduct of proceedings.

 

The board may initiate proceedings under this act on its own motion or on the written complaint of any person. All proceedings before the board shall be conducted under the rules and regulations adopted by the board and in accordance with the provisions of the Wyoming Administrative Procedure Act.

 

33-3-124.� Reinstatement of certificate or permit for good cause shown.

 

Upon written application and after hearing and for good cause shown, the board may issue a new certificate to a certified public accountant whose certificate has been revoked or may reissue or modify the suspension of any certificate, practice privilege or permit which has been revoked or suspended.� A certificate, practice privilege or permit suspended or restricted under W.S. 33-3-121(b) may be reissued without the hearing required under this section if the department of family services provides notice that the applicant has complied with the terms of the court order that resulted in the suspension or restriction of the certificate, practice privilege or permit.

 

33-3-125.� Certified public accountant; use of designation; requirements.

 

(a)� Except as permitted by the board under W.S. 33-3-109(f) and (g), no person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a certified public accountant unless the person has received a certificate as a certified public accountant under the provisions of this act or has a practice privilege under W.S. 33-3-116(a).

 

(b)� No organization shall use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the organization is composed of certified public accountants unless the organization is registered as a certified public accountant firm under the provisions of this act and the certified public accountant firm holds a permit or is exempt from registration under W.S. 33-3-118(b)(xiv) or (xv).

 

(c)� A person who does not hold a certificate or practice privilege under this act and who completes a review shall only use the following safe harbor language or other nonstatements on standards for accounting and review services language, "I (We) have reviewed the accompanying (financial statement) of the (name of entity) as of (time period) for the (period) then ended. These financial statements (information) are (is) the responsibility of the company's management.� I (We) have not audited the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them."

 

(d)� A person who does not hold a certificate or practice privilege under this act and completes a compilation service shall only use the following safe harbor language or other nonstatements on standards for accounting and review services language, "I (We) have compiled the accompanying (financial statement) of (name entity) as of (time period) for the (period) then ended.� This compilation is limited to preparing in the form of financial statements information that is the representation of management (owners).� I (We) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them."

 

(e)� Notwithstanding any other provision of law, it shall not be a violation of this act for a firm which does not hold a valid permit under W.S. 33-3-118 and which does not have an office in this state to provide its professional services and practice public accounting in this state if it complies with the requirements of W.S. 33-3-118(b)(xiv) or (xv).

 

33-3-126.� Use of misleading terms or abbreviations prohibited.

 

No person or organization shall use the title or designation "certified accountant", "chartered accountant", "enrolled accountant", "registered accountant", "accredited accountant" or any other title or designation likely to be confused with "certified public accountant" or any of the abbreviations "CA", "RA", or "AA", or similar abbreviations likely to be confused with "CPA". This section shall not prohibit the use of the term "public accountant" or the initials "PA".

 

33-3-127.� Certified public accountant firm; wording used; requirements.

 

No person shall assume or use the title or designation "certified public accountant" in conjunction with names indicating or implying that there is an organization, or in conjunction with the designation "and Company" or "and Co." or a similar designation if there is in fact no bona fide organization registered under the provisions of this act or under the provisions of a similar state act.

 

33-3-128.� Repealed By Laws 2005, ch. 1, � 2.

 

 

33-3-129.� Unlawful act or practice; injunction or other order.

 

Whenever any person has engaged in any acts or practices which constitute or will constitute a violation of any provision of W.S. 33-3-125 through 33-3-127, the board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the board that the person has engaged in any illegal acts or practices, an injunction, restraining order or other appropriate order shall be granted by such court without bond.

 

33-3-130.� Violation; penalty.

 

Any person who violates any provision of W.S. 33-3-125 through 33-3-127 is guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars ($1,000.00) or be imprisoned not more than twelve (12) months, or both.

 

33-3-131.� Unlawful use of terms; advertising; prima facie evidence of violation.

 

The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device bearing a person's name in conjunction with the words "certified public accountant" or the abbreviation "CPA" is prima facie evidence in any action brought under W.S. 33-3-129 or 33-3-130 that the person whose name is so displayed caused or procured the display or uttered the card, sign, advertisement or other printed, engraved or written instrument or device and that the person is holding himself out to be a certified public accountant. In any action, evidence of the commission of a single act prohibited by this act is sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

 

33-3-132.� Practice monitoring program.

 

(a)� As used in this article:

 

(i)� "Peer review" means a study, appraisal or review of one (1) or more aspects of the professional work of a person or firm in the practice of certified public accountancy by a person who holds certificates and who is not affiliated with the person or firm being reviewed;

 

(ii)� "Practice monitoring program" means a program consisting of peer reviews which are conducted in conformity with standards promulgated by the peer review committees of the American Institute of Certified Public Accountants;

 

(iii)� "Reviewer" means a certified public accountant active in public practice and fulfilling requirements for peer reviewers as established by the American Institute of Certified Public Accountants.

 

(b)� The board may require, on a uniform basis, that certificate and permit holders undergo practice monitoring conducted in a manner the board may specify by rule and regulation.

 

(c)� Except in any action before the board to enforce its rules and regulations regarding the practice monitoring program, any report, statement, memorandum, transcript, finding, record or working paper prepared and any opinion formulated in connection with any practice monitoring program, which is in the possession of the board or the reviewer, shall be considered privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for release to any person or entity or be admissible as evidence in any judicial or administrative proceeding.

 

ARTICLE 2 - ACCOUNTANT LIABILITY

 

33-3-201.� Accountants; liability; definitions.

 

(a)� As used in this article, "accountant" means:

 

(i)� Any individual holding a certificate as a certified public accountant under W.S. 33-3-109;

 

(ii)� Any individual holding a practice privilege under W.S. 33-3-116;

 

(iii)� Any certified public accountant firm registered with the state board of certified public accountants under W.S. 33-3-118;

 

(iv)� Any firm that is exempt from registration pursuant to W.S. 33-3-118(b)(xiv) or (xv); or

 

(v)� Any employee, agent, partner, manager, member, officer or shareholder of any partnership, corporation or any other allowable form of organization registered with the state board of certified public accountants.

 

(b)� This section governs any action based on an act, error or omission occurring on or after July 1, 1995 brought against any accountant or firm of accountants practicing in this state by any person claiming to have been injured as a result of financial statements or other information examined, compiled, reviewed, certified, audited or in the course of an engagement to provide other public accountancy services.

 

(c)� No action may be brought under this section unless:

 

(i)� The plaintiff:

 

(A)� Is the issuer, or his successor, of the financial statements or other information examined, compiled, reviewed, certified, audited or otherwise reported or opined on by the defendant; and

 

(B)� Engaged the defendant accountant to examine, compile, review, certify, audit or otherwise report or render an opinion on such financial statements or to provide other public accountancy services; or

 

(ii)� The defendant accountant or firm:

 

(A)� Was aware at the time the engagement was undertaken with the accountant's client that the financial statements or other information were to be made available for use in connection with a specified transaction by the plaintiff and the transaction was specifically identified to the defendant; and

 

(B)� Was aware that the plaintiff intended to rely upon such financial statements or other information in connection with the specified transaction.

 

(d)� In order to be entitled to the limitation on liability contained in this article, an accountant shall:

 

(i)� Identify the purpose of the document and the persons or entities that are entitled to receive and rely upon the financial statement or other information examined, compiled, reviewed, certified, audited or otherwise reported or opined on by the accountant in the document prepared by the accountant; and

 

(ii)� Include thereon a statement in a prominent place that advises users of the document that the liability of the accountant to third parties who use the document may be limited pursuant to this article.

 

CHAPTER 4 - ARCHITECTS

 

33-4-101.� Definitions.

 

 

(a)� As used in this act:

 

(i)� "Building" means a structure, including all the components which a structure comprises, including structural, mechanical and electrical systems, intended for use as shelter for man and his possessions;

 

(ii)� "Practice of architecture" means rendering or offering to render service to clients generally, including any one or any combination of the following practices or professional services; advice, consultation, planning, architectural design, drawings and specifications; general administration of the contract as the owner's representative during the construction phase, wherein expert knowledge and skill are required in connection with the erection, enlargement or alteration of any building or buildings, or the equipment, or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health or property is concerned or involved;

 

(iii)� "Architect" means anyone licensed to practice architecture under this act;

 

(iv)� "Practice of landscape architecture" means rendering or offering to render service to clients generally, including any one or any combination of the following practices or professional services; advice, consultation, planning, landscape architectural design, drawings and specifications; general administration of the contract as the owner's representative during the construction phase, wherein expert knowledge and skill are required in connection with landscape enhancement or landscape development, including the formulation of graphic or written criteria to govern the planning or design of land construction projects, production of overall site plans, landscape grading and landscape drainage plans, planting plans, irrigation plans, and construction details wherein in the safeguarding of life, health or property is concerned;

 

(v)� "Landscape architect" means anyone licensed to practice landscape architecture under this act;

 

(vi)� "Board" means the Wyoming state board of architects and landscape architects;

 

(vii)� "This act" means W.S. 33-4-101 through 33-4-117.

 

33-4-102.� Board of architects and landscape architects; created; composition; qualifications of members.

 

There is hereby created and established a board to be known as the Wyoming state board of architects and landscape architects, which shall be composed of three (3) practicing architects, one (1) practicing landscape architect and one (1) member of the public of integrity and ability, who shall be residents of the state of Wyoming. The architects and landscape architect shall have practiced architecture or landscape architecture continuously in the state of Wyoming for a period of at least five (5) years prior to their appointment.

 

33-4-103.� Board of architects and landscape architects; appointment and term of members; vacancies; removal.

 

The governor shall appoint the members of the board of architects and landscape architects as provided in W.S. 33-4-102. Each member shall serve a term of three (3) years or until his successor has been appointed. The governor shall fill all vacancies occurring in the board.� The governor may remove any board member as provided in W.S. 9-1-202.

 

33-4-104.� Board of architects and landscape architects; meetings and officers; powers and duties.

 

(a)� The board shall elect a president, vice-president, and secretary-treasurer. The board shall hold regular meetings at least once each year, with the date and place to be set by the board. The board may meet as designated by a majority of the board.� A majority of the board shall constitute a quorum. The board shall have authority to administer oaths, take affidavits, summon witnesses and take testimony as to matters coming within the scope of its duties. The board shall have the authority to enter into interstate or intrastate agreements and associations with other boards of licensure for the purpose of establishing reciprocity, developing examinations, evaluating applicants or other activities to enhance the services of the board to the state, the licensee and the public. The board shall adopt a seal to be affixed to all licenses issued and shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act. The board shall establish minimum educational requirements which shall be without prejudice, partiality or discrimination. The board may appoint or contract an executive secretary and other individuals deemed necessary to administer the affairs of the board and shall furnish necessary support and clerical services. Costs related to these services shall be paid from the account as provided in W.S. 33-4-109. The secretary of the board shall keep a record of the proceedings of the board, which shall at all times be open to public inspection.

 

(b)� All meetings of the board shall be conducted in accordance with W.S. 16-4-403, except that the board may hold executive sessions as provided by W.S. 16-4-405.

 

33-4-105.� Application for examination; qualifications.

 

 

(a)� Any person wishing to practice architecture or landscape architecture in this state who is not a licensed architect or landscape architect shall make application for examination as prescribed by the board.

 

(b)� Each applicant shall:

 

(i)� Be an adult;

 

(ii)� Have a good reputation for honesty, trustworthiness, integrity and competence in the practice of architecture or landscape architecture;

 

(iii)� Hold a professional degree in architecture or landscape architecture from an accredited school of architecture or landscape architecture with practical experience, as the board deems appropriate.

 

(c)� Repealed By Laws 2011, Ch. 129, � 202.

 

(d)� Any person currently practicing landscape architecture in this state who holds a degree from an accredited school of landscape architecture and has at least five (5) years experience as a landscape architect prior to July 1, 1991 shall be exempt from taking the examination and shall be awarded a license to practice landscape architecture after meeting the other requirements of this act.

 

(e)� The board shall provide by rules and regulations requirements for practical experience.

 

33-4-106.� Issuance of license; reexamination.

 

If the applicant is qualified, the board shall issue his license to practice architecture or landscape architecture. Any applicant who fails to pass an examination may be reexamined in the subjects which he failed at the next regularly scheduled examination date, upon the payment of an additional examination fee.

 

33-4-107.� License fee and renewal fee set by board; notice of expiration; failure to renew.

 

Persons practicing architecture or landscape architecture within this state shall pay initial and renewal license fees as set by the board pursuant to W.S. 33-1-201. Initial licenses shall expire on the thirty-first day of December of the year following the date of issuance. A renewal license shall be issued by the board upon application and payment of the renewal fee, and shall be for a two (2) year period. Application for renewal shall be accompanied by evidence satisfactory to the board of compliance with this act and participation in continuing education activities as established by rules and regulations of the board, provided that requirements for renewal shall be no more stringent than the requirements recommended by the national council of architectural registration boards or the council of landscape architectural registration boards. The board may waive the continuing education requirement for the first renewal of� a license.� The secretary of the board shall notify each registrant by mail at his last known address at least two (2) months prior to the date of the expiration of his license. Failure of a licensee to secure renewal of his license prior to the date of its expiration shall forfeit his license to practice architecture within the state, provided, however, that the secretary of the board shall again notify the registrant by certified mail at his last known address at least two (2) weeks before the expiration date. Any licensee on active duty in the armed forces of the United States, or who shall establish his residence elsewhere, upon returning to the state may apply for a renewal if the license was not revoked for any cause.

 

33-4-108.� Licensing decisions of board.

 

Except as provided in W.S. 33-4-115(c), all decisions of the board involving the granting, denial, renewal, revocation, suspension or withdrawal of a license shall be conducted pursuant to the provisions of the Wyoming Administrative Procedure Act.

 

33-4-109.� Disposition of money collected; compensation, mileage and per diem for members of board.

 

All money shall be received and deposited to a separate account and payments made according to regulations established by the department of administration and information. The members of the board shall receive per diem and mileage allowance as provided in W.S. 9-3-102, for each official board meeting. The total expense for every purpose incurred by the board shall not exceed the total of revenue collected.

 

33-4-110.� Interstate reciprocity.

 

Persons licensed to practice architecture or landscape architecture under the laws of any other state having requirements substantially equal to those provided for in this act may, in the discretion of the board, be issued a license to practice in this state without examination upon payment of the license fees as herein provided.

 

33-4-111.� Persons not required to comply with provisions.

 

All officers and employees of the United States government while engaged in governmental work in this state shall not be required to comply with the provisions of this act. Landscape architecture as applied in this act shall not restrict the practice of architecture, or engineering; nor shall it restrict the customary services normally rendered by landscape nurseries and landscape contractors.

 

33-4-112.� Persons required to qualify or register as "architect"; exceptions.

 

All persons shall register as an architect in order to make architectural plans and specifications for buildings except those buildings which are specifically exempted in W.S. 33-4-117.

 

33-4-113.� Use of title "architect" or "landscape architect".

 

No person shall use the title "architect" or any title, sign, card or device to indicate that the person is practicing architecture or is an architect unless the person is licensed as an architect under the provisions of this act. No person shall use the title "landscape architect" or any title, sign, or card to indicate such person is practicing landscape architecture, unless the person is licensed as a landscape architect under the provisions of this act. Nothing in this act shall be construed to permit a person licensed as a landscape architect to use the title "architect" or to practice architecture.

 

33-4-114.� Prohibited acts; penalty for violations.

 

 

(a)� It is a misdemeanor for any person to:

 

(i)� Sell, fraudulently obtain or furnish any license or renewal license to practice architecture or landscape architecture; or

 

(ii)� Without being licensed under this act:

 

(A)� Advertise, represent or in any manner hold himself out as an architect or landscape architect;

 

(B)� Engage in the practice of architecture or landscape architecture;

 

(C)� Use in connection with his business or name, or otherwise assume, use or advertise any title or description, or engage in any other conduct which reasonably might be expected to mislead another to believe the person is an architect or landscape architect; or

 

(D)� Without being an officer of the corporation, to engage in the practice of architecture or landscape architecture as a corporation.

 

(b) �A person convicted under subsection (a) of this section shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) or by imprisonment for not more than six (6) months, or both.

 

(c)� The board may, through the attorney general, seek to enjoin any person from committing any act in violation of this section.� The board shall not be required to prove irreparable injury to enjoin any violation of this section.

 

33-4-115.� Grounds for refusal, suspension or revocation of license; notice; hearing; counsel at hearing.

 

(a)� The board may take disciplinary actions, singularly or in combination, against a licensee upon a finding of:

 

(i)� Fraud, deceit or material misstatement of fact in applying for a license or in passage of the examination provided for in this act;

 

(ii)� Untrustworthiness, incompetency or misconduct in the practice of architecture as evidenced by conduct which endangers life, health, property or the public welfare;

 

(iii)� Mental incompetency;

 

(iv)� Fraud or deceit in the practice of architecture or landscape architecture;

 

(v)� Affixing, or permitting to be affixed, a seal upon a document which the architect or landscape architect was not responsible for preparing;

 

(vi)� Violating this act or a rule or regulation of the board promulgated pursuant to this act;

 

(vii)� Suspension or revocation of licensure by another state; or

 

(viii)� Conviction under W.S. 33-4-114, or conviction in another state of any crime which would constitute a violation of W.S. 33-4-114 had the actions been taken in this state.� A copy of the judgment of conviction certified by the rendering court shall be presumptive evidence of the conviction in any hearing under this section.� For purposes of this paragraph "conviction" includes a plea of nolo contendere or its equivalent.

 

(b)� Except as provided in subsection (c) of this section, before refusing to issue a license, suspending or revoking a license for any reason set forth in this section the board shall notify the person as required in the Wyoming Administrative Procedure Act. If the applicant or licensee requests a hearing before the board, the board shall hold a hearing in accordance with the Wyoming Administrative Procedure Act.

 

(c)� 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.

 

33-4-116.� Documents, plans and designs; seal required.

 

An architect or landscape architect shall affix his seal to all documents, plans or designs he provides.

 

33-4-117.� Exemptions.

 

(a)� Nothing in this act prohibits any person from preparing plans and specifications, designing, planning or administering the construction contracts for the construction, alteration, remodeling or repair of any of the following:

 

(i)� Private residences;

 

(ii)� Garages, commercial or industrial buildings, office buildings, preengineered metal buildings and buildings for the marketing, storage or processing of farm products and warehouses, which do not exceed two (2) stories in height, exclusive of a one (1) story basement, and which under applicable building code or codes, are not designed for occupancy by more than ten (10) persons;

 

(iii)� Farm buildings;

 

(iv)� Nonstructural alterations of any nature to any building if the alterations do not affect the safety of the occupants of the building.

 

(b)� Nothing in this act shall be construed:

 

(i)� As curtailing or extending the rights of any other legally recognized profession;

 

(ii)� As prohibiting the practice of architecture by any legally qualified architect of this state or another state who is employed by the United States government while in the discharge of his official duties;

 

(iii)� To prevent the independent employment of a registered professional engineer for any professional service related solely to civil, structural, mechanical or electrical engineering in connection with any building or building project.

 

(c)� This act in no way supersedes, overrides or amends the provisions of chapter 29 of this title regarding registration of professional engineers and professional land surveyors.

 

CHAPTER 5 - ATTORNEYS-AT-LAW

 

33-5-101.� State board of law examiners; composition; qualifications and term of members; vacancies.

 

The state board of law examiners shall consist of five (5) members of the bar of at least five (5) years standing, who shall be appointed by the supreme court, and shall hold office for the term of three (3) years; provided, that not more than one (1) member shall be appointed from the same judicial district. In case a vacancy shall occur by death, resignation or otherwise, the same shall be filled by appointment by the court for the remainder of the term of the member whose place has become vacant. Removal of a member from the district in which he resided when appointed shall be construed as creating a vacancy.

 

33-5-102.� State board of law examiners; date, rules and quorum for meetings; election of officers; examinations to be in writing; supreme court to prescribe rules.

 

The state board of law examiners shall hold at least two (2) regular meetings each year for the examination of applicants, at times and places as prescribed by rules of the supreme court. Special meetings may be held as determined by the board from time to time. At all meetings, a majority of the board constitutes a quorum. The board shall select a chairman and secretary from its membership. All examinations shall be in writing upon questions prepared or approved by the board. The supreme court shall prescribe rules not inconsistent with this act to carry out the purposes of this act and secure a system of uniform examination for admission to the bar of this state.

 

33-5-103.� State board of law examiners; compensation; per diem; mileage.

 

The members of the state board of law examiners shall receive as compensation ten dollars ($10.00) for each day necessarily employed in attending the meetings of the board, and shall also receive per diem and mileage allowance as allowed to state employees for attending the meetings and performing the duties incumbent upon them as members of the board. The expenses of the board and its members in the performance of their duties and the compensation of its members shall be paid out of the state treasury upon an itemized voucher duly verified and accompanied by a certificate signed by a majority of the members of the board showing that the expense has been actually and properly incurred in the performance of the duties devolving upon the board, or that the compensation has been duly earned, as the case may be. Upon the presentation of the voucher and certificate, the auditor shall draw his warrant upon the treasurer for the amount thereof in favor of the proper person. However, the aggregate expenditures and salaries of the state board of law examiners shall not exceed the amount of revenue collected by the board.

 

33-5-104.� Applications for admission to bar; generally.

 

All applications for admission to the bar of this state shall be made by petition to the supreme court. The same shall be referred to the state board of law examiners, who shall examine the applicant vouching his qualification for admission to the bar. The said board shall report its proceedings in the examination of applicants to the supreme court with their recommendation in the premises. If the court shall then find the applicant to be qualified to discharge the duties of an attorney and to be of good moral character, and worthy to be admitted, an order shall be entered admitting him to practice in all the courts of this state.

 

33-5-105.� Applications for admission to bar; qualifications of applicants.

 

No one shall be admitted to the bar of this state who shall not be an adult citizen of the United States and a person of good moral character. No one shall be examined unless he shall give satisfactory evidence of having studied law at least three (3) years in a law school approved by the state board of law examiners, or shall give satisfactory evidence of having attended a law school as herein provided for a period of at least one (1) year, and in addition thereto shall have studied law at least two (2) years in the office of a member of the bar, or one (1) of the judges of this state, or shall give satisfactory evidence of having attended a law school as herein provided for a period of two (2) years, and in addition thereto shall have studied law at least one (1) year in the office of a member of the bar, or one (1) of the judges of this state. Said study must have been actually and not constructively commenced and continued.

 

33-5-106.� Applications for admission to bar; fees; applicant entitled to two examinations; certificate of admission; disposition of fees.

 

Every applicant for admission to the bar of this state shall pay a fee as set by the Wyoming supreme court pursuant to W.S. 33-1-201 at the time of filing the application. On payment of one (1) fee by applicants for admission by examination the applicant shall be entitled to two (2) examinations when the second is applied for not later than one (1) year after having taken the first. The payment of the fee shall also entitle the applicant, upon being admitted, to a certificate of admission. All money shall be received and collected as provided by law. The state treasurer shall place the money to the credit of a separate account.

 

33-5-107.� Applications for admission to bar; fraudulent application cause for revocation.

 

Any fraudulent act or presentation by an applicant in connection with his application, or examination, shall be sufficient cause for the revocation of the order admitting him to practice.

 

33-5-108.� Bar examinations; place; examinations out of presence of board.

 

The examination of any applicant shall be conducted pursuant to rules of the supreme court, upon written questions prepared or approved by the board, in the presence of one (1) or more examiners, the district judge or some other discreet and competent person selected by the board or a majority of its members. The questions and answers shall be returned to the board by the person conducting the examination and the board shall report thereon as in other cases.

 

33-5-109.� Bar examinations; no assistance or advice permitted.

 

At any examination of applicants for admission to the bar, it shall be unlawful to permit the person being examined to receive, during the examination and after the questions have been submitted to him, any assistance or advice from any other person or persons, book or memorandum.

 

33-5-110.� Admission of foreign attorneys.

 

Any person who may have been admitted to practice as an attorney in the highest court of any other state or territory, and who shall have been engaged in practice therein may, in the discretion of the supreme court, be admitted to practice in the courts of this state without an examination, upon presentation of his certificate of such admission, and upon showing to the satisfaction of the court that he is still in good standing as an attorney in the courts of such other state or territory, and that he is a person of good moral character. The court may adopt rules for the proof of such qualifications.

 

33-5-111.� Foreign attorneys admitted without examination to try pending case.

 

Members of the bar of any other state, district or territory of the United States, who may be employed as counsel in any case pending before any of the courts of this state, may be admitted for all the purposes of the case in which they are so employed, by the court before which said case is pending, without examination.

 

33-5-112.� Oath of attorney; attorney not to be surety on official or judicial bond.

 

No person shall be deemed admitted to the bar until he shall have taken an oath to the effect that he will support, obey, and defend the constitution of the United States, and the constitution and laws of this state, and that he will faithfully and honestly and to the best of his ability discharge the duties of an attorney and counselor-at-law. The said oath may be administered by the clerk, or one (1) of the justices of the supreme court, in or out of court, or by a district judge in his district, or the clerk of court in his county; and when not taken in the supreme court in open session the same shall be reduced to writing, signed by the person taking, and certified to by the officer administering the same and filed in the office of the clerk of the supreme court. If taken in open court the journal shall show that fact. No practicing attorney shall be taken on any official bond, or bond in any legal proceeding in the district in which he may reside.

 

33-5-113.� Disbarment or power of courts to punish not affected.

 

(a)� Nothing in this act contained shall be construed to deprive the courts of this state, or any of them, of the power as at present existing, of disbarring or otherwise punishing members of the bar.

 

(b)� 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 to practice law for failure to pay child support, the Wyoming state bar 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. The order shall be forwarded to the Wyoming supreme court for final action. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-5-114.� Penalty for deceit or collusion.

 

An attorney and counselor who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or a party to an action or proceeding, or brings suit or commences proceedings without authority therefor, is liable to be disbarred, and shall forfeit to the injured party treble damages, to be recovered in a civil action.

 

33-5-115.� Attorney may be required to show authority.

 

The court may, on motion of either party, and on the showing of reasonable grounds therefor, require the attorney for the adverse party, or for any one (1) of several adverse parties, to produce or prove, by his own oath or otherwise, the authority under which he appears, and until he does so, may stay all proceedings by him, on behalf of the parties for whom he assumes to appear.

 

33-5-116.� Payment of annual license fee; fiscal year of state bar.

 

(a)� All members of the state bar shall by the second week of October pay to the treasurer of the state bar, as a license fee for the ensuing year, an amount to be established by the board of commissioners of the Wyoming state bar pursuant to W.S. 33-1-201. Honorary and retired members may be exempted completely from the payment of any fees or allowed to pay less than the regular license fee in the discretion of the board of commissioners. Fees shall constitute a fund to be held and disbursed by the treasurer upon order of the board.

 

(b)� The fiscal year of the state bar shall be from October 1 through September 30.

 

33-5-117.� Unauthorized practice.

 

It shall be unlawful, and punishable as contempt of court, for any person not a member of the Wyoming state bar to hold himself out or advertise by whatsoever means as an attorney or counselor-at-law.

 

CHAPTER 6 - CARNIVALS, CIRCUSES, PAWNBROKERS, POOLROOMS AND BOWLING ALLEYS

 

33-6-101.� Carnivals and circuses; license required; safety inspection.

 

 

(a)� No person shall open any circus or carnival entertainment if any entrance fee or fee for carnival or circus rides is charged or collected, without first obtaining a license as required by this act provided that nothing in this act shall prohibit a licensing authority from refusing to issue any license authorized by this act in the sole discretion of the governing body.

 

(b)� Before issuing any license under this act to any circus or carnival specified under subsection (a) of this section, the board of county commissioners for any county and the governing body of any city or town may require and provide for the inspection of the safety of the applicant's facilities, equipment, rides or other structures which are for public use.� Public use of any facility, equipment, ride or other structure determined unsafe following inspection is prohibited until the unsafe condition is corrected, repaired or otherwise modified.� Failure of the applicant to make necessary corrections, repairs or modifications pursuant to this subsection shall be grounds for disapproval of the license application under this act.

 

(c)� As used in this act:

 

(i)� "Carnival" means any traveling enterprise offering a variety of rides and amusements to the public for a fee;

 

(ii)� "Circus" means a tent-covered or open air arena used for providing public entertainment at a charge and generally featuring feats of physical skill and daring, wild animal acts and performances by clowns;

 

(iii)� "This act" means W.S. 33-6-101 through 33-6-104.

 

(d)� The issuance of a license pursuant to this act shall not relieve any licensee from acting with reasonable care in the operation or maintenance of a circus or carnival.� The licensing authority as a condition of issuing a license under this section, shall require a licensee to provide proof of liability insurance coverage of a minimum amount of five hundred thousand dollars ($500,000.00) at the time of issuing the license and to indemnify, defend and save harmless the city, town or county from any and all claims, demands, actions or causes of action arising from the negligent acts or omission of the carnival or circus.� All licensees must maintain liability insurance while operating within the state of Wyoming.

 

33-6-102.� Carnivals and circuses; application for licenses; fees.

 

Any person or persons, company or corporation opening an exhibition as provided in W.S. 33-6-101, shall first be required to make application for a license therefor to the board of county commissioners of the county in which such exhibition is sought to be opened, and if allowed, such license shall be issued, upon receipt of such license fee as the board shall have deemed proper, to be not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) for each day of such exhibition.

 

33-6-103.� Carnivals and� circuses; penalty.

 

Any person or persons, company or corporation opening or maintaining such an exhibition as specified in W.S. 33-6-101, without having complied with W.S. 33-6-102, shall be deemed guilty of a misdemeanor and fined not less than two hundred dollars ($200.00), nor more than four hundred dollars ($400.00). Each day of the continuance of such violation shall constitute a separate offense.

 

33-6-104.� Carnivals and circuses; local ordinances.

 

It shall be lawful for any incorporated city or town in this state to provide by ordinance that any person or persons, company or corporation, opening within the confines of such city or town, any exhibition as provided in W.S. 33-6-101, shall first be required to make application for a license therefor, to the council of said city or town, in which such exhibition is sought to be opened, and if allowed, such license shall be issued upon the receipt of such license fee as the council shall have deemed proper, to be not less than five dollars ($5.00), nor more than two hundred dollars ($200.00) for each day of such exhibition; provided, that such license obtained from such city or town shall be in addition to that obtained from the county in which such city or town is situated.

 

33-6-105.� Repealed by Laws 1983, ch. 62, � 2.

 

 

33-6-106.� Records of pawnbrokers.

 

Every pawnbroker engaged in the business of accepting pawns or pledges shall keep an accurate record showing a complete description of all articles pawned or purchased, the date of the pawn or purchase, the name and address, or names and addresses of the persons pawning, selling or pledging any article, the amount for which same is pledged or purchased by the pawnbroker and the date upon which the pledge expires. This record shall be available at all times to any peace officer of the city, county or state.

 

33-6-107.� Penalty for violation of section 33-6-106.

 

Any pawnbroker failing to comply with the requirements of W.S. 33-6-106 shall be guilty of a misdemeanor and upon conviction shall be fined not to exceed one hundred dollars ($100.00) or by imprisonment in the county jail not to exceed six (6) months or by both fine and imprisonment, together with costs of prosecution.

 

33-6-108.� Repealed By Laws 2009, Ch. 138, � 2.

 

 

CHAPTER 7 - BARBERS

 

ARTICLE 1 - GENERAL PROVISIONS

 

33-7-101.� Definitions.

 

(a)� As used in this act:

 

(i)� "Barbering" means the practice upon any person or persons of any of the following acts (when done for cosmetic purposes, and not for the treatment of disease or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment except for the immediate family); provided, any person or persons operating a beauty salon or practicing cosmetology and its related fields exclusively shall be exempt from the provisions of this act: shaving or treating the beard or cutting the hair, singeing, shampooing or dyeing the hair, permanent waving or applying hair tonics, massaging, applying cosmetic preparations, antiseptics, powder, oil, clay or lotions, to the scalp, face or neck;

 

(ii)� "Board" means the state board of barber examiners;

 

(iii)� "School of barbering" means a place licensed under this act where barbering is taught to students;

 

(iv)� "Student" means a person duly enrolled and regularly attending a licensed school of barbering for the purpose of receiving instruction on and learning the practices of barbering;

 

(v)� "Unprofessional" means acting in an extreme manner not conforming to current standards of the barbering industry;

 

(vi)� "This act" means W.S. 33-7-101 through 33-7-211.

 

33-7-102.� State board of barber examiners; created; designation; composition; appointment, qualifications and term of members.

 

 

(a)� There is created the "state board of barber examiners", which shall consist of three (3) persons, each of whom shall be a resident citizen of the state of Wyoming and the holder of a valid registration certificate as a registered barber which has been annually renewed for the period of not less than five (5) years immediately preceding the date of his appointment and shall not be either directly or indirectly connected with any barber school or college. The members of the board shall be appointed by the governor. The governor may remove any member of the board as provided in W.S. 9-1-202. The term of office for each member appointed hereafter shall be three (3) years. Each term shall terminate on March 1 of the last calendar year of that term.

 

(b)� Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

33-7-103.� State board of barber examiners; election of officers; duties of secretary-treasurer; disposition of money received.

 

(a)� The board shall elect a president, vice-president and a secretary-treasurer at the first annual meeting from its members. The secretary-treasurer shall keep the books, temporary funds and records of the board.

 

(b)� Each fee required shall be paid in advance and shall be received and collected as provided by law. The state treasurer shall place two percent (2%) of the money in the general fund and the remainder in a separate account.� The money so received and placed in the account may be used by the members of the board in defraying their actual expenses and per diem allowance as hereinafter provided in carrying out the provisions of this act.

 

33-7-104.� State board of barber examiners; powers and duties; compensation.

 

The board shall furnish suitable quarters and adopt and use a common seal for the authentication of its orders and records. To assist in implementing this act, the board may employ personnel as it deems necessary and fix their duties and remuneration. Each member of the board shall receive as salary the sum paid each day to legislators, or an equivalent hourly wage, together with per diem and mileage allowance as allowed to state employees, when actually engaged in board activities. The entire costs and expenses of carrying out this act shall be paid only out of the fees collected in the administration of this act.

 

33-7-105.� State board of barber examiners; meetings.

 

One (1) annual meeting shall be held at a time and place designated by the president of the board. Other meetings shall be held as called by the president of the board, or by the president upon the written request of two (2) members of the board.

 

33-7-106.� State board of barber examiners; to furnish printed matter.

 

All certificates of registration, permits, licenses or other printed matter necessary to carry out the provisions of this act shall be provided and issued by the board, and at no expense to the state.

 

33-7-107.� Repealed by Laws 1985, ch. 136, � 2.

 

 

33-7-108.� Shop license; barber school license; fee; renewal; application; inspection fees; nontransferable.

 

(a)� No person, association, partnership or corporation shall operate or conduct a barbershop or barber school without a valid, unexpired license.� Licenses shall be issued by the secretary of the board of barber examiners or the board's designee. The annual license fee shall be set by the board pursuant to W.S. 33-1-201 for each shop or school, payable in advance, but if not paid on or before July 31 of each year, a late fee set by board rule and regulation shall be assessed. The licenses shall be conspicuously displayed at all times, and no license shall be issued until all sanitary regulations required by W.S. 33-7-101 through 33-7-211 or prescribed by the board have been complied with. Applications for new shops or schools or for shops or schools changing locations shall be made in writing on forms furnished by the board, and shall contain information required by the board. An inspection fee for a new shop or school or for a shop or school changing location shall be set by the board pursuant to W.S. 33-1-201. A shop or school license is not transferable.

 

(b)� Registered barbers, cosmetologists, manicurists or nail technicians, estheticians and hair stylists licensed under W.S. 33-12-119 through 33-12-140 may engage in the practice for which they are licensed in the same shop if the shop is licensed under subsection (a) of this section and under W.S. 33-12-119 through 33-12-140.

 

33-7-109.� Persons addicted to intoxicating liquors or narcotics.

 

(a)� No person addicted to the use of intoxicating liquors or drugs to an extent to render him unfit to practice or teach barbering shall be entitled to any license, nor shall any such person work or be employed in any barbershop.

 

(b)� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-110. �Sanitary inspection.

 

(a)� The board of barber examiners shall make a sanitary inspection of each barbershop and school at least annually.

 

(b)� Barbershops in the state of Wyoming shall be open to such county health officers, members of the board, its inspectors or representatives at any time during business hours.

 

33-7-111.� Sanitary requirements; rules.

 

(a)� Repealed By Laws 2005, ch. 42, � 2.

 

(b)� Repealed By Laws 2005, ch. 42, � 2.

 

(c)� The board may promulgate rules regarding the operation of barbershops and schools to prevent the spread of infectious and contagious diseases.

 

33-7-112.� Penalty.

 

Any violation of this act constitutes a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00), imprisonment for not more than ninety (90) days, or both.

 

ARTICLE 2 - CERTIFICATE OF REGISTRATION

 

33-7-201.� Certificates required; license required for shops and schools.

 

(a)� No person shall practice or attempt to practice barbering without a certificate to practice as a registered barber. No person shall operate a barbershop or school unless it is at all times under the direct supervision and management of a registered barber. No person shall employ another as a barber unless the person so employed holds an unexpired certificate of registration or permit issued by the board.

 

(b)� No person, association, partnership, or corporation shall establish or operate a barbershop or school of barbering in the state without first securing and holding a license from the board.� Application for a license shall be made in writing on forms furnished by the board. The board may require to be furnished information reasonably necessary for its purposes.� The board shall establish by rule and regulation standards for licensing barbershops and schools.

 

33-7-202.� Repealed by Laws 1985, ch. 136, � 2.

 

 

33-7-203.� When granted without examination.

 

(a)� An applicant for a registered barber certificate, who is qualified and currently holds a registered barber certificate in another state or country, upon submitting an application to the board, with proof that he meets or exceeds the requirements to receive a registered barber certificate in this state as prescribed by board rule and regulation, and upon payment of the required fee, may receive a registered barber certificate by endorsement without examination in this state subject to the following:

 

(i)� An applicant from another state or country which does not require a board examination or who has not graduated from a state approved program shall not obtain a certificate by endorsement; and

 

(ii)� An applicant who holds a valid, unexpired barbers license or certificate from another state that does not require a board examination and who has graduated from a barber school or college, upon application and payment of the required fee may be issued a temporary permit to practice as a barber under the supervision of a registered barber in this state until the next examination scheduled by the board.� Each applicant may receive only one (1) temporary permit.

 

(b)� Repealed By Laws 2005, ch. 42, � 2.

 

(c)� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-204.� Fees.

 

(a)� The board shall establish and collect fees pursuant to W.S. 33-1-201 for the certificates, licenses, permits and examinations indicated:

 

(i)� Registered barber's examination;

 

(ii)� Certificate of registration, initial or renewal;

 

(iii)� Duplicate certificate;

 

(iv)� Temporary permit to practice;

 

(v)� Restoration fee, certificate of registration;

 

(vi)� Barbershop license;

 

(vii)� Barber school license.

 

(b)� Certificates of registration for barbers and barbershop and barber school licenses expire on July 1 following their issuance. Any person who qualifies for a certificate under W.S. 33-7-209 or a barbershop or barber school license as prescribed by board rule and regulation and pays required fees shall be issued a certificate or renewal.

 

(c)� Repealed by Laws 1985, ch. 136, � 2.

 

(d)� The board may declare forfeit the examination fee of any applicant who fails to appear for examination at two (2) successive meetings of the board for the examination of applicants.

 

(e)� Repealed By Laws 2005, ch. 42, � 2.

 

(f)� Repealed By Laws 2005, ch. 42, � 2.

 

(g)� The board shall establish and collect fees to recover costs for publication and distribution of registers, lists and booklets, for records and affidavits processed, and for educational programs.

 

33-7-205.� Restoration following expiration or retirement.

 

Any formerly registered barber whose certificate of registration has expired may within five (5) years of the date of expiration have his certificate restored immediately upon payment of the restoration fee in addition to other renewal fees. Any registered barber who retires from the practice of barbering for more than five (5) years may not renew his certificate of registration. Any registered barber whose certificate has expired and who does not qualify for a certificate by endorsement as provided in W.S. 33-7-203 shall be required to pass the board administered examination and pay all related examination and certification fees as set forth in board rule and regulation.

 

33-7-206.� Display.

 

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair. Every holder of a barbershop or barber school license shall display it in a conspicuous place for public viewing.

 

33-7-207.� Refusal to issue or renew; revocation; suspension; denial.

 

(a)� The board may revoke, suspend, deny, or refuse to issue or renew any certificate of registration or barbershop or barber school license, or may otherwise censure the holder of a certificate of registration or barbershop or barber school license for any of the following causes:

 

(i)� Making a false statement on an application to the board;

 

(ii)� Gross malpractice or gross incompetency;

 

(iii)� Repealed By Laws 2005, ch. 42, � 2.

 

(iv)� Advertising by means of knowingly false or deceptive statements;

 

(v)� Advertising, practicing, or attempting to practice, under a trade name other than one's own;

 

(vi)� Repealed By Laws 2005, ch. 42, � 2.

 

(vii)� Unprofessional conduct; and

 

(viii)� Violation of any of the provisions of this act or board rule and regulation.

 

(b)� 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.

 

33-7-208.� Notice and hearing for revocation.

 

(a)� Except as provided in W.S. 33-7-207(b), the board may refuse to renew or may revoke, deny or suspend any license or certificate of registration issued under this act as provided in W.S. 33-7-107 after twenty (20) days written notice and an opportunity for a hearing pursuant to the provisions of W.S. 16-3-101 through 16-3-115.

 

(b)� Hearing and notice requirements shall be conducted pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.

 

33-7-209.� Qualifications for registration as barber; examination.

 

(a)� A certificate of registration to practice barbering shall be issued upon passage of a board administered or board approved examination, and upon meeting all requirements set forth by board rule and regulation, to any person who files a completed application, accompanied by the required fees and documentation and who:

 

(i)� Has graduated from an approved barber school or college, has an education equivalent to the completion of the second year of high school and is at least seventeen (17) years of age;

 

(ii)� Has a valid, unexpired license as a barber from another state or country which has licensing requirements for barbers that meet or exceed the requirements for certification in Wyoming; or

 

(iii)� Is a cosmetologist or hair stylist licensed under W.S. 33-12-119 through 33-12-140, has completed seven hundred fifty (750) hours of training at an approved barber school or college and passed an examination conducted by the board to determine his fitness for practice.

 

(b)� Repealed By Laws 2005, ch. 42, � 2.

 

(c)� An applicant for a certificate of registration to practice as a registered barber who fails to pass an examination conducted by the board, may be examined at the next examination.

 

33-7-210.� Application for examination.

 

Each applicant for an examination shall make application to the board on blank forms prepared and furnished by the board and shall submit proper credentials and all required fees as required by the board no less than fifteen (15) days before the examination is to be given.

 

33-7-211.� Time and character of examinations.

 

The examination required under W.S. 33-7-209(a) shall be conducted at a time and place� chosen by the board and given at least once every six (6) months. Examinations shall not be confined to any specific method or system, may consist of oral, written and performance examinations, and shall be of the scope and character to disclose that any person passing the examination is qualified to receive a registered barber certificate.� Examinations shall be held in the presence of at least one (1) member of the board or a qualified examiner as determined by board rule and regulation.

 

ARTICLE 3 - SCHOOLS OF BARBERING AND INSTRUCTORS

 

33-7-301.� Repealed By Laws 2005, ch. 42, � 2.

 

 

33-7-302.� Repealed By Laws 2005, ch. 42, � 2.

 

 

33-7-303.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-304.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-305.� Repealed By Laws 2005, ch. 42, � 2.

 

 

33-7-306.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-307.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-308.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-309.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-310.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-311.� Repealed By Laws 2005, ch. 42, � 2.

 

 

33-7-312.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-313.� Repealed By Laws 2005, ch. 42, � 2.

 

33-7-314.� Repealed By Laws 2005, ch. 42, � 2.

 

CHAPTER 8 - BOXING

 

33-8-101.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-102.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-103.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-104.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-105.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-106.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-107.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-108.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-109.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-110.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-111.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-112.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-113.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-114.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-115.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-116.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-117.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-118.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-119.� Repealed by Laws 1989, ch. 191, � 1.

 

 

33-8-120.� Repealed by Laws 1989, ch. 191, � 1.

 

 

CHAPTER 9 - PODIATRISTS

 

33-9-101.� Definitions.

 

(a)� As used in this act:

 

(i)� "Podiatry" means the diagnosis or the medical, mechanical or surgical treatment of the ailments of the human foot, ankle and tendons that insert into the foot. Surgical treatment of the ankle and tendons that insert into the foot shall be limited to licensed podiatrists who have completed a podiatric surgical residency training program as approved by the board through rule and regulation.� Podiatry also includes the fitting or the recommending of appliances, devices or shoes for the correction or relief of minor foot ailments.� The practice of podiatric medicine shall include the amputation of the toes or other parts of the foot but shall not include the amputation of the foot or leg in its entirety. A podiatrist may not administer any anesthetic other than local. A general anesthesia shall be administered in a hospital by an anesthesiologist or certified nurse anesthetist authorized under the laws of this state to administer anesthesia. Podiatrists are permitted to use and to prescribe drugs and controlled substances as may be necessary in the practice of podiatry.

 

33-9-102.� Board of registration in podiatry.

 

 

(a)� There is created and established the state board of registration in podiatry which shall be composed of three (3) practicing podiatrists of integrity and ability, who shall be residents of the state of Wyoming and who shall have practiced podiatry continuously in the state for a period of two (2) years immediately prior to their appointment. The members of the board shall be appointed by the governor. Annually, the governor shall appoint one (1) member who shall be a licensed podiatrist possessing the qualifications above specified, who shall serve for a period of three (3) years or until his successor has been appointed. The governor may remove any board member as provided in W.S. 9-1-202.

 

(b)� Any vacancy which occurs on the board shall be filled by an appointment of the governor and the podiatrist so appointed shall hold office until the expiration of the term. Members of the board shall elect one (1) member as president and one (1) member as secretary-treasurer.

 

33-9-103.� License required to practice.

 

It is unlawful for a person to profess to be a podiatrist, to practice or assume the duties incident to podiatry or to advertise in any form or hold himself out to the public as a podiatrist, or in a sign or advertisement to use the word "podiatrist", "foot correctionist", "foot expert", "foot specialist", "chiropodist" or any other term or designation indicating to the public that he is holding himself out as a podiatrist or foot correctionist in any manner, without first obtaining from the board a license authorizing the practice of podiatry in this state under this act.

 

33-9-104.� Applications for licenses.

 

Persons who wish to practice podiatry in this state shall make application on a form authorized and furnished by the board for a license to practice podiatry. This application shall be granted to an applicant after he has furnished satisfactory proof that he has satisfactorily completed two (2) years in a recognized college of liberal arts or of the sciences, and that he is a graduate of a regularly established school of podiatry recognized by the American Podiatric Medical Association or its successor and the board which requires as a prerequisite to graduation the completion of at least three thousand three hundred sixty (3,360) scholastic hours of classroom work. A school of podiatry shall not be accredited by the board if it does not require for graduation at least four (4) years of instruction in the study of podiatry. Every applicant for a license to practice podiatry shall have successfully completed a residency approved by the board through rules and regulations.� This requirement applies only to applicants who graduate from podiatric college after July 1, 2005.� After the application has been accepted by the board, together with the payment of the license fee, the applicant must pass a satisfactory examination as prepared under the rules and regulations of the board.

 

33-9-105.� Examinations.

 

Examinations of applicants for a license to practice podiatry shall be in the English language and shall include both clinical and written tests as the board shall determine. The examinations shall embrace the subjects of histology, surgery, hygiene, dermatology, anatomy, physiology, chemistry, bacteriology, pathology, diagnosis and treatment, pharmacology, therapeutics, clinical podiatry and such other subjects as the board may prescribe, a knowledge of which is commonly and generally required by the practitioners of podiatry. This section shall not be construed to require of the applicant a medical or surgical education. The minimum requirements for a license to practice under W.S. 33-9-101 through 33-9-114 is a general passing grade average of seventy-five percent (75%) in all of the subjects involved and not less than sixty percent (60%) in any one (1) subject. At the time of making application to practice, an examination and license fee in amounts established by the board pursuant to W.S. 33-1-201 shall be paid to the board. An applicant failing in the examination and being refused a license is entitled, within six (6) months of the refusal, to a reexamination, but only two (2) such reexaminations shall be granted to any one (1) applicant. The board may make such rules and regulations governing the conduct of the examinations as shall be necessary, and willful violation of such rules and regulations shall subject the applicant to the cancellation of the examination and loss of the fee.

 

33-9-106.� Registration with county clerk.

 

Every person to whom a certificate of registration and license has been issued under this act, within one (1) month from the date of receipt of the certification of registration and license, shall deliver the certificate to the county clerk of the county in which the person has his legal residence or usual place of business, and pay a recording fee of two dollars ($2.00). The county clerk to whom such certificate is presented shall register the name and address of the person designated in the certificate together with the date and number inscribed thereon, and this record shall be open to public inspection.

 

33-9-107.� Licensing matters.

 

A license issued under W.S. 33-9-101 through 33-9-114 shall be designated a "registered podiatrist's license" and may not contain any abbreviations thereof nor any other designation or title except that a statement of limitation shall be contained in the license referring to the licensee as a "registered podiatrist - practice limited to the foot and ankle", so as not to mislead the public with respect to their right to treat other portions of the body. A renewal license fee in an amount established by the board pursuant to W.S. 33-1-201 shall be due to the board annually on July 1 each year, and if not paid within three (3) months the license shall be revoked and may be reissued only upon an additional application and payment of a fee in an amount established by the board pursuant to W.S. 33-1-201. Application for renewal shall be accompanied by evidence satisfactory to the board of compliance with participation in continuing education activities as established by rules and regulations of the board.� The board may waive the continuing education requirement for the first renewal of a license.� Licenses shall be conspicuously displayed by podiatrists at their offices or other places of practice.

 

33-9-108.� Disposition of fees.

 

All fees and money shall be received and collected as provided by law. The state treasurer shall place ten percent (10%) of the money in the general fund of the state and the remainder in a separate account which shall be subject at all times to warrant of the state auditor drawn upon vouchers issued and signed by the president and the secretary-treasurer of the board.

 

33-9-109.� Exemptions.

 

 

(a)� This act does not apply to the commissioned podiatrists of the United States armed services in the actual performance of their official duties, to physicians or surgeons, to osteopathic physicians and surgeons regularly licensed under the laws of Wyoming, nor to any visiting podiatrist called into consultation in this state from another state where he is duly qualified under the laws of that state to practice podiatry.

 

(b)� This act shall not prohibit the fitting, recommending, advertising, adjusting or sale of corrective shoes, arch supports or similar mechanical appliances or foot remedies by retail dealers or manufacturers.

 

33-9-110.� Revocation of license.

 

(a)� After notice and opportunity for hearing under the terms of the Wyoming Administrative Procedure Act, the board may revoke or refuse to renew a license granted under this act to any person otherwise qualified who is guilty of any of the following violations:

 

(i)� Obtaining a license by fraudulent representation;

 

(ii)� Incompetency in practice;

 

(iii)� Use of untruthful or improbable statements to patients or in his advertisements;

 

(iv)� Alcoholism or habitual use of controlled substance;

 

(v)� Unprofessional conduct;

 

(vi)� Selling or giving away alcohol or controlled substances for illegal purposes, but the board may reissue a license after six (6) months if in its judgment the act, acts or conditions of disqualification have been remedied; or

 

(vii)� Failure to furnish evidence showing the satisfaction of the requirements of continuing education required by the board.

 

(b)� 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.

 

33-9-111.� Reciprocal licenses.

 

The applicant may be registered and given a certificate or registration and license if he presents satisfactory proof of the endorsement from his state board of having practiced podiatry, and the possession of a certificate of podiatry qualification or license issued to the applicant at least one (1) year prior to filing of application for reciprocal privileges. The certificate upon which reciprocity is requested shall have been issued in the United States or within any foreign country where the requirements for the certificate of qualification or license of the applicant at the date of application are deemed by the board to be equivalent to those of this act, and the state or country from which the applicant has received a license has like reciprocal privileges with the state of Wyoming, and the applicant has passed that state or country's examination in clinical podiatry. The fee for registration of applicants for reciprocity and for the endorsement of reciprocity to another state shall be in amounts established by the board pursuant to W.S. 33-1-201.

 

33-9-112.� Compensation of board.

 

Each member of the board shall receive reimbursement for per diem, mileage and expenses for attending meetings, in the same manner and amount as state employees. Any incidental expenses necessarily incurred by the board or any member, if approved by the board, shall be paid from the state treasury, but only from the fees received under the provisions of this act that are paid into the state treasury by the board.

 

33-9-113.� Penalties.

 

Any person violating any of the provisions of this act is guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than six (6) months, or both, for each offense.

 

33-9-114.� Education and training standards for unlicensed podiatric personnel exposing ionizing radiation; mandatory machine inspections; exemptions.

 

(a)� Any person employed by or assisting a podiatrist licensed under this chapter shall in addition to any other requirements imposed by rule and regulation of the board of registration in podiatry, successfully complete minimum safety education and training requirements specified under this section prior to operating any machine source of ionizing radiation or administering radiation to any patient.

 

(b)� Education and training required under subsection (a) of this section shall consist of not less than twenty (20) hours of educational instruction or supervised training in the following areas:

 

(i)� Podiatric nomenclature;

 

(ii)� Machine operation exposure factor;

 

(iii)� Operator and patient safety;

 

(iv)� Practical or clinical experience in the following:

 

(A)� Foot and ankle techniques for exposing radiographs;

 

(B)� Film handling and storage;

 

(C)� Processing procedures; and

 

(D)� Patient record documentation for radiographs.

 

(c)� Education and training required under this section shall be obtained from board approved programs only.� Written verification of required educational curricula and training protocol shall be in a form prescribed by rule and regulation of the board. Nothing in this subsection prohibits on the job training by a licensed podiatrist.

 

(d)� Any licensed podiatrist using an x-ray machine shall have that machine inspected by a qualified radiation expert periodically as determined by the board.

 

(e)� The board shall promulgate reasonable rules and regulations necessary to implement and administer this section.

 

(f)� Subsection (a) of this section shall not apply to any person licensed as a radiologic technologist or radiologic technician under W.S. 33-37-101 through 33-37-113.

 

CHAPTER 10 - CHIROPRACTORS

 

33-10-101.� Chiropractic defined.

 

Chiropractic is the system of specific adjustment or manipulation of the joints and tissues of the body and the treatment of the human body by the application of manipulative, manual, mechanical, physiotherapeutic or clinical nutritional methods for which those persons licensed under this chapter are trained and may include the use of diagnostic x-rays.� A chiropractor may examine, diagnose and treat patients provided, however, chiropractors shall not perform surgery, direct the use of or administer drugs required by law to be dispensed on prescription only, practice obstetrics or prescribe or administer x-ray therapy.

 

33-10-102.� Board of chiropractic examiners; established; composition; qualifications of members.

 

There is hereby created and established a board to be known as the state board of chiropractic examiners, which shall be composed of three (3) practicing chiropractors of integrity and ability, who shall be residents of the state of Wyoming, who shall have practiced chiropractic continuously in the state of Wyoming for a period of at least three (3) years and who shall have a diploma from a recognized chiropractic school or college.

 

33-10-103.� Board of chiropractic examiners; appointment; term; qualifications; vacancies; removal.

 

The governor shall appoint three (3) practicing chiropractors, who shall possess the qualifications specified in W.S. 33-10-102, to constitute the membership of the board.� Members shall be appointed to a term of three (3) years, except that initial terms shall be staggered so that annually thereafter the governor shall appoint one (1) member who shall be a licensed chiropractic practitioner possessing the qualifications specified in W.S. 33-10-102, and who shall serve for a period of three (3) years or until his successor is appointed. The governor shall fill all vacancies occurring in the board.� The governor may remove any board member as provided in W.S. 9-1-202.

 

33-10-104.� Board of chiropractic examiners; meetings; procedure; records; members to be licensed.

 

 

(a)� The board of examiners shall convene within thirty (30) days after the appointment of its members and shall elect from its membership a president, vice-president and secretary-treasurer. The board shall hold a regular meeting once each year at the capitol of the state, the date to be set by the board at its first meeting. The board shall hold special meetings at such times and places as a majority of the members thereof may designate, provided that not more than three (3) meetings shall be held in any one (1) year. A majority of the board shall constitute a quorum. The board shall have authority to administer oaths, take affidavits, summon witnesses and take testimony as to matters coming within the scope of its duties. It shall adopt a seal, which shall be affixed to all licenses issued by it and shall from time to time adopt rules and regulations as are proper and necessary for the performance of its duties. It shall adopt a schedule of minimum educational requirements not inconsistent with the provisions of this law, which shall be without prejudice, partiality or discrimination as to the standard schools of chiropractic. The secretary of said board shall keep a record of the proceedings of the board, which shall at all times be open to public inspection. The board shall also have on file with the secretary of state for public inspection a copy of its rules and regulations.

 

(b)� A license to practice chiropractic within this state shall be issued to the individual members of said board at first meeting, upon payment by each board member of the regular fee, as provided for in this act.

 

33-10-105.� License required.

 

It shall be unlawful for any person to practice chiropractic in this state without first obtaining a license, as provided for in this act.

 

33-10-106.� Application for license; educational requirements; fees.

 

Any person wishing to practice chiropractic in this state shall make application to the board of chiropractic examiners, through the secretary-treasurer thereof, upon such form and in such manner as may be prescribed and directed by the board, at least fifteen (15) days prior to any meeting of the board. Each applicant shall be a graduate of a recognized school of chiropractic, in which he actually attended a course of study for at least four (4) years of nine (9) months each, preceded by a four-year high school course or its equivalent, and at least two (2) years of study in either a course of liberal arts or science at the University of Wyoming or in a college or university accredited by the board. Application shall be in writing and shall be signed by the applicant and sworn to before some officer authorized to administer oaths. There shall be paid by each applicant a license fee in an amount established by the board pursuant to W.S. 33-1-201 which fee shall accompany the application.

 

33-10-107.� Time, place and subjects for examinations; reexamination.

 

 

(a)� Examinations for license to practice chiropractic shall be given by the board at such times and places as it shall determine, and shall be given according to the method deemed by the board to be the most practicable and expeditious to test the applicant's qualifications. The secretary shall designate each applicant by a number instead of by name, so that his identity will not be disclosed to the members of the board until after the examination papers are graded.

 

(b)� All examinations shall be made in writing and shall include the following subjects: principles and practice of chiropractic; sanitation, and hygiene, anatomy, physiology, symptomatology, diagnosis, chiropractic, orthopedy, pathology, and urinalysis. In addition the applicant must also give a clinical demonstration of vertebrae palpation, nerve tracing and adjusting, satisfactory to the board. Additional subjects may be prescribed from time to time by the board to meet with new conditions.

 

(c)� A license shall be granted to all applicants who shall correctly answer seventy-five percent (75%) of all questions asked, but if any applicant shall fail to answer correctly sixty percent (60%) of the questions in any one (1) subject of said examination, regardless of what his average grade might be, he or she shall not be entitled to a license. An applicant who fails to pass the examination may take a second examination at any time within one (1) year from and after his first failure without the payment of any additional fees.

 

33-10-108.� Duties and authority of practitioners.

 

Chiropractic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases, shall be permitted to sign death certificates, and shall, as to any and all matters pertaining to public health, report to the proper health officers the same as other practitioners.

 

33-10-109.� Title of practitioners.

 

Chiropractors licensed under this act shall have the right to practice chiropractic in accordance with the method taught in the chiropractic schools and colleges recognized by the chiropractic board of examiners of this state. The prefix "Dr." or "doctor" shall not appear on any display sign before the name of the practitioner; but shall appear in connection with the title "doctor of chiropractic". Said title shall appear in same size type as name of practitioner.

 

33-10-110.� Prohibited acts; refusal, revocation or suspension of license; appeals.

 

(a)� It shall be unlawful for any holder of a license according to this chapter to commit any of the following acts:

 

(i)� To use any false, fraudulent or forged statement or document, or any fraudulent, deceitful, dishonest or immoral practice, in connection with any of the licensing requirements;

 

(ii)� To perform or attempt to perform an unlawful abortion or assist or advise the performance of any unlawful abortion;

 

(iii)� To commit or be convicted of a felony;

 

(iv)� To become addicted to a drug or intoxicant to such a degree as to render the licensee unsafe or unfit to practice chiropractic;

 

(v)� To practice chiropractic while having any physical or mental disability which renders the practice of chiropractic dangerous;

 

(vi)� To be guilty of any dishonest, unethical or unprofessional conduct likely to deceive, defraud or harm the public;

 

(vii)� To use willfully any false or fraudulent statement in any document connected with the practice of chiropractic;

 

(viii)� To knowingly perform any act which in any way assists an unlicensed person to practice chiropractic;

 

(ix)� To violate or attempt to violate, directly or indirectly or assist in or abet the violation or conspiring to violate any provision or terms of the Chiropractic Practice Act;

 

(x)� To practice chiropractic while adjudged mentally incompetent or insane;

 

(xi)� To practice chiropractic under a false or assumed name;

 

(xii)� To advertise the practice of chiropractic in any unethical or unprofessional manner;

 

(xiii)� To obtain a fee as personal compensation or gain to an employer or for a person on fraudulent representation that a manifestly incurable condition can be permanently cured; or

 

(xiv)� To willfully violate any privileged communication.

 

(b)� The board shall refuse to issue a license or certificate to any applicant proved guilty of any of the acts stated in section (a), and the board may revoke the license and certificate or suspend the license and certificate of any licensee proved guilty of any of the acts stated in section (a).

 

(c)� Before refusing, revoking or suspending any license or certificate for any of the causes stated in section (a), the board shall give notice in writing by mailing by United States registered mail to the licensee or applicant at his last known address in Wyoming a statement of the nature of the offense charged. The licensee or applicant shall have thirty (30) days after mailing of the notice to file with the board a written statement of the nature of his defense. If no defense shall have been filed, the board shall proceed ex parte forthwith to hear proof of the charge, and, if proven, shall refuse, suspend or revoke the license and certificate. If the licensee or applicant shall file a defense, the matter forthwith shall be set for hearing by the board.

 

(d)� At the hearing, the board shall be represented and advised by the attorney general and any complainant, applicant or licensee may be represented by counsel. The board and any complainant, applicant or licensee shall have the power to require by subpoena the attendance and testimony of witnesses and the production of papers. The fees and mileage for witnesses shall be the same as prescribed by law for trial by district courts in civil cases. In case of disobedience to a subpoena, the aid of any court of competent jurisdiction may be invoked and such court may issue an order requiring the witness to appear before the board and give evidence and to produce papers and any failure to obey such order of the court may be punished by the court as a contempt thereof. The testimony at the hearing shall be recorded in shorthand or by some other generally used method of taking and recording testimony if required by the board or demanded by the complainant, applicant or licensee, provided that the board or party making such demand shall arrange and pay for the same.

 

(e)� Within thirty (30) days after the hearing, the board shall make its order in writing stating its decision. The complainant, applicant or licensee may appeal from such order to the district court in which he resides or to the district court of Laramie county by filing with the board within fifteen (15) days thereafter a written notice of appeal. Within thirty (30) days after receipt of the notice of appeal, unless the time shall be extended by order of the court appealed to, the board shall certify and deliver to the district court appealed to the original statement of the nature of the offense charged and the defense, or true and certified copies thereof. The appellant shall have five (5) days thereafter to perfect his appeal by filing with the clerk of the district court and with the board and any other parties a copy of the notice of appeal and a petition stating the grounds for the appeal, and if appellant shall fail to do so within the time fixed, the appeal shall be dismissed with prejudice by the court. The order shall remain in effect during the appeal unless the judge of the district court appealed to at any time after making of the order by the board, after three (3) days notice to the board giving an opportunity to be heard with respect thereto, shall fix a bond in a sum to be determined by the court in favor of the people of the state of Wyoming and conditioned upon the faithful performance of the requirements of his license during the appeal. Said bond shall be for the benefit of any persons damaged by any act of the appellant during the appeal or any time prior thereto, and any person so damaged may bring an action against the appellant and the sureties on the bond. Trial before the district court on said appeal shall be de novo and without a jury. The judgment of the district court may be appealed to the supreme court in the manner provided by law for appeal of civil matters.

 

(f)� 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.

 

33-10-111.� Appeal from decision of board.

 

Any person feeling himself aggrieved by the decision of the board may have an appeal to the district court of the county wherein his license to practice is of record. The manner and procedure of appeal shall be the same as that provided by law in the cases of appeals from a circuit court to the district court.

 

33-10-112.� License to be recorded; failure to record.

 

 

(a)� Every person who shall receive a license from the state board of chiropractic examiners shall have it recorded in the office of the county clerk of the county of which he is a resident or in which he practices chiropractic.

 

(b)� The county clerk shall keep in a book provided for that purpose a complete list of all certificates recorded by him, with the date of issue.

 

(c)� The failure on the part of the holder of a license to have it recorded shall be sufficient grounds to revoke or cancel said license, provided, however, that before the board shall revoke a license for failure to record, ten (10) days written notice must be served on the person whose license is thus subject to revocation.

 

33-10-113.� Prerequisite for renewal of license; board's power to make regulations; fees.

 

 

(a)� Each chiropractor shall, as a prerequisite to annual license renewal, submit as a part of the renewal application satisfactory evidence of a minimum of twelve (12) attendance hours during the preceding year at one (1) or more chiropractic symposiums. Symposiums approved for licensees practicing within the state of Wyoming are those sponsored or conducted by any state chiropractic association, the American Chiropractic Association, or the International Chiropractic Association, or an approved chiropractic college, which devote themselves to lectures or demonstrations concerning matters which are recognized in the state of Wyoming chiropractic laws.

 

(b)� The board shall also adopt rules and regulations authorizing the board to grant exceptions to the educational requirements, including but not limited to retired chiropractors, chiropractors who graduated within twelve (12) months of the date of renewal application, or chiropractors who were unable to obtain the education requirements because of major illness.

 

(c)� All persons practicing chiropractic within this state shall pay on or before June 1 of each year, a renewal license fee in an amount established by the board pursuant to W.S. 33-1-201.� If any practicing chiropractor fails to pay the renewal license tax imposed by W.S. 33-10-101 through 33-10-117 within thirty (30) days after the same is due and payable, the board shall revoke his license.� When the license is revoked, it can only be restored upon written application therefor and payment to the board of a fee of twice the amount of the renewal fee in effect at the time the restoration application is filed.

 

33-10-114.� Disposition of money collected; expenses of board; per diem of members; compensation of secretary-treasurer.

 

(a)� All money shall be received and collected as provided by law. The state treasurer shall place ten percent (10%) of the money in the general fund and the remainder in a separate account, and shall pay out of the account on warrants drawn by the auditor of the state, upon vouchers issued and signed by the president and secretary-treasurer of the board. The money received and placed in the account may be used by the members of the state board of chiropractic examiners in defraying their salary, mileage and per diem allowance as hereinafter provided in carrying out the provisions of this act. The secretary-treasurer shall keep an accurate and true account of all money received and all vouchers issued by the board. He shall, as required by W.S. 9-2-1014, report to the governor relative to all proceedings of the board.

 

(b)� The members of the board shall receive ten dollars ($10.00) together with per diem and mileage allowance as allowed to state employees for each day during which they are actually engaged in the discharge of their duties. The total expense for every purpose incurred by the board shall not exceed the total of the money collected.

 

(c)� The board may, in its discretion, give the secretary-treasurer compensation not to exceed two hundred dollars ($200.00) per year for the time spent by him in keeping the accounts of the board, drawing vouchers, or in the preparation of the report to the governor.

 

33-10-115.� Reciprocity with other states.

 

Persons licensed to practice chiropractic under the laws of any other state having requirements equal to those provided for under W.S. 33-10-101 through 33-10-117 may, in the discretion of the board, be issued a license to practice in this state without examination upon payment of a fee in an amount determined by the board pursuant to W.S. 33-1-201.

 

33-10-116.� Violation of W.S. 33-10-101 through 33-10-117.

 

 

(a)� Any person, corporation or association who shall practice, or attempt to practice, chiropractic, or any person who shall buy, sell, or fraudulently obtain any diplomas or licenses to practice chiropractic, or who shall use the title "doctor of chiropractic", or any word or title to influence belief that he is engaged in the practice of chiropractic, without first complying with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, or by both fine and imprisonment.

 

(b)� The attorney general, the state board of chiropractic examiners, any county attorney, or any licensed doctor of chiropractic in the state of Wyoming, may obtain an injunction in the name of the state of Wyoming upon the relation of such complainant enjoining any person, corporation or association and the officer and directors and employees of such corporation or association from engaging in the practice of chiropractic without a license and certificate or violation of any of the provisions of this chapter. The district court of the district in which the offending party resides or the district court of Laramie county shall have original jurisdiction of any such injunction proceedings. Any defendant who has been so enjoined who shall violate such injunction shall be punished for contempt of court by a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not less than six (6) months or not more than one (1) year, or both. An injunction may be issued without proof of actual damage sustained and upon proof of one (1) or more acts constituting practice of chiropractic without a license or in violation of any provision of this chapter.

 

33-10-117.� Restrictions.

 

Nothing contained in this act shall be construed to restrain or restrict any legally licensed physician or surgeon or any legally licensed osteopath, in the practice of his profession. The practice of chiropractic is hereby declared not to be the practice of medicine, surgery, or osteopathy, within the meaning of the laws of the state of Wyoming.

 

CHAPTER 11 - COLLECTION AGENCIES

 

33-11-101.� Definitions.

 

(a)� As used in this act:

 

(i)� "Board" means the collection agency board created by W.S. 33-11-103;

 

(ii)� "Business debt" means the obligation arising from a credit transaction between business or commercial enterprises for goods or services used or to be used primarily in a commercial or business enterprise and not for personal, family or household purposes;

 

(iii)� "Collection agency" means any person who:

 

(A)� Engages in any business, the purpose of which is the collection of any debts for Wyoming creditors;

 

(B)� Regularly collects or attempts to collect for Wyoming creditors, directly or indirectly, debts owed or due or asserted to be owed or due another;

 

(C)� Takes assignment of debts for the purpose of collecting such debts;

 

(D)� Directly or indirectly, solicits for collection debts owed or due or asserted to be owed or due a Wyoming creditor;

 

(E)� Uses a fictitious name or any name other than their own name in the collection of their own accounts receivable; or

 

(F)� Collects debts incurred in this state from debtors located in this state by means of interstate communications, including telephone, mail or facsimile or any other electronic method, from the debt collector's location in another state.

 

(iv)� "Communication" means conveying information regarding a debt in written or oral form, directly or indirectly, to any person through any medium;

 

(v)� "Consumer" means any natural person obligated or allegedly obligated to pay any debt;

 

(vi)� "Creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but "creditor" does not include:

 

(A)� Any person or collection agency, to the extent that the person or agency receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of the debt for another; or

 

(B)� Any person whose principal office is located outside the state of Wyoming and who only maintains a branch or satellite office in this state.

 

(vii)� "Debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family or household purposes, whether or not the obligation has been reduced to judgment;

 

(viii)� "Debt collector" means any person employed or engaged by a collection agency to perform the collection of debts owed or due or asserted to be owed or due to another, including any owner or shareholder of the collection agency business who engages in the collection of debts;

 

(ix)� "Location information" means a consumer's place of abode and his telephone number at that place or his place of employment;

 

(x)� "Revocation" means withdrawal or termination of the license and authority to conduct a collection agency in this state, and disqualification to renew the license, permanently or for an indefinite period of time;

 

(xi)� "Solicitor" means any person employed or engaged by a collection agency, including an owner or shareholder of the agency, who solicits or attempts to solicit debts, accounts, notes or other evidence of indebtedness for collection by the person or any other person;

 

(xii)� "Suspension" means withdrawal or termination of the license and authority to conduct a collection agency in this state, and disqualification to renew the license, for a period not to exceed one (1) year;

 

(xiii)� "This act" means W.S. 33-11-101 through 33-11-116.

 

(b)� The term "collection agency" does not include:

 

(i)� Any officer or employee of a creditor while collecting debts for and in the name of the creditor;

 

(ii)� Any officer or employee of the United States or of any state, to the extent that collecting or attempting to collect a debt is in the performance of his official duties;

 

(iii)� Any person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of any debt;

 

(iv)� Any person whose principal business is the making of loans or the servicing of debt, and who acts as a loan correspondent, seller or servicing agent for the owner or holder of a debt which is secured by a mortgage on real property, whether or not the debt is also secured by an interest in personal property;

 

(v)� Any person whose collection activities are carried on in the true name of the creditor, and are confined to the operation of a business other than a collection agency, including but not limited to banks, trust companies, savings and loan associations, abstract companies doing an escrow business, real estate brokers, attorneys, insurance companies, credit unions or loan or finance companies;

 

(vi)� Any person whose business is the servicing of credit card debt;

 

(vii)� Any person engaged solely in the collection of one (1) or more business debts; or

 

(viii)� Any licensed attorney acting in an attorney-client relationship with the creditor, and who conducts the collection in the true name of the client.

 

(c)� Repealed by Laws 1993, ch. 21, � 2.

 

33-11-102.� Licenses required.

 

No person shall conduct a collection agency or act as a debt collector or solicitor within this state without first having obtained a license as provided in this act, except that a debt collector or solicitor acting in the course of his employment for a collection agency licensed in Wyoming is not required to have an individual license.

 

33-11-103.� Collection agency board created; membership; appointment; term; qualifications; chairman.

 

 

(a)� The collection agency board is created. The board shall consist of three (3) members appointed by the governor. One (1) member shall be an attorney-at-law who is actively engaged in collection work. One (1) shall be an officer, partner, owner or resident manager of a licensed collection agency, who is not an attorney-at-law. One (1) shall be a member of the public at large who is neither an attorney-at-law nor affiliated with a collection agency, but who is or has been a user of credit or collection services.� Commencing in 1993, members of the board shall be appointed for a term of four (4) years.� Members of the board shall serve until their successors are duly appointed and qualified.

 

(b)� No person shall be appointed as a member of the board who has not been a bona fide resident of the state of Wyoming for at least five (5) years immediately prior to his appointment. The attorney and the officer, partner, owner or resident manager of a collection agency shall have been engaged in the collection business within the state of Wyoming for a period of five (5) years immediately prior to appointment.� The member of the public at large shall have at least five (5) years experience as a user of credit or collection services.

 

(c)� Upon the death, resignation or removal of any member of the board, the governor shall appoint a member to serve the remaining unexpired term. Any member of the board may be removed by the governor as provided in W.S. 9-1-202.

 

(d)� Members of the board shall elect one (1) of their members chairman to serve for a term of two (2) years.

 

33-11-104.� Collection agency board; compensation, per diem and travel expense.

 

All members of the collection agency board shall be paid salary, per diem and mileage in the same manner and amount as members of the Wyoming legislature when attending any regular or called meeting of the board. Salary, per diem and travel expense for all board members shall be paid solely from the account containing the license fees established and payable under this act.

 

33-11-105.� Powers and duties of collection agency board.

 

 

(a)� The board shall assist and advise the chairman, who shall have charge of the administration of this act. All applications for licenses under this act shall be referred by the chairman to the board for consideration. The board shall investigate the qualifications of the applicant. If the board finds the applicant fails to meet the required qualifications, the board shall reject the application; otherwise the application shall be approved and a license issued on payment of license fees and filing of a bond as required by this act.

 

(b)� The board shall refuse to issue or renew a license:

 

(i)� If an individual applicant or licensee is not an adult;

 

(ii)� If an applicant or licensee is not authorized to do business in this state;

 

(iii)� If the licensee does not have an established office in Wyoming with a bona fide resident of Wyoming as a resident manager, or in the case of an applicant, the application does not disclose the proposed office location in Wyoming and the name of the proposed resident manager;

 

(iv)� If an applicant, or an owner, officer, director, partner or resident manager of an applicant or licensee:

 

(A)� Knowingly made a false statement of a material fact in any application for a collection agency license or renewal thereof, or in any documentation provided to support the application or renewal;

 

(B)� Has had a license to conduct a collection agency denied, not renewed, suspended or revoked by this state or any other state for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements;

 

(C)� Has been convicted in any court of a felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, fraud or conspiracy to commit fraud;

 

(D)� Has had a judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, fraud or conspiracy to commit fraud;

 

(E)� Has failed to pay or satisfy any judgment debt or penalty imposed by any court; or

 

(F)� Has knowingly failed to comply with or violated any provision of this act or the rules and regulations of the board adopted pursuant to this act.

 

33-11-106.� Authority to make rules and regulations; violations; penalties.

 

The board shall make reasonable rules and regulations for the administration of this act, and for prescribing acceptable professional standards of conduct of licensees. Any violation of the rules and regulations of the board shall be grounds for the imposition of a civil penalty not to exceed one thousand dollars ($1,000.00) or suspension, revocation or refusal to renew any license issued under this act, or any combination thereof.

 

33-11-107.� Application for license; qualifications; financial statement.

 

 

(a)� A person desiring to conduct a collection agency business in this state shall apply in writing on forms approved by the board. The application shall be signed and verified by the applicant and filed in the office of the board.� The application shall state:

 

(i)� The name and place of residence of the person making the application;

 

(ii)� Whether the business is organized as a corporation, partnership or sole proprietorship;

 

(iii)� The name or names under which the business will be conducted;

 

(iv)� The street address of the office where the business will be conducted;

 

(v)� The name of the person who will be the resident manager of the office;

 

(vi)� Other information as the board may require to determine the qualifications of the applicant and the resident manager to be licensed to conduct a collection agency business.

 

(b)� The application shall be accompanied by a financial statement of the applicant, showing the applicant to be financially sound.

 

(c)� All applicants shall have an established office in Wyoming with a bona fide resident of Wyoming as a resident manager of the office. All resident managers shall pass an examination as prescribed by the board to determine the fitness of the resident manager to conduct a collection agency business.

 

(d)� The board may collect an examination fee not to exceed one hundred dollars ($100.00) for each examination given. The board shall establish by rule the amount and method of payment of the examination fee.� All fees collected shall be credited to the account and used as provided by W.S. 33-11-111.

 

33-11-108.� Bond required for license; terms, conditions and execution; amount; notice to surety; new bond.

 

 

(a)� The applicant shall be notified when the application is approved.� Within twenty (20) days after notification, the applicant shall file and thereafter maintain a deposit with the state treasurer or a bond as required by this act. The license shall be issued upon approval of the bond by the board and the attorney general. The bond shall be issued by a surety company licensed and authorized to do business in Wyoming, in the sum of ten thousand dollars ($10,000.00) and shall run to the state of Wyoming and to any party who may be a claimant. The bond shall be executed and acknowledged by the applicant as principal. The applicant may satisfy the bond requirement of this section by depositing with the state treasurer ten thousand dollars ($10,000.00) cash.

 

(b)� The bond shall be conditioned that the principal, as a licensee under this act, shall pay and turn over to or for the use of any claimant from whom any debt is taken or received for collection, the proceeds of such collection less the charges for collection in accordance with the terms of the agreement made between the principal and the claimant.

 

(c)� The bond shall cover all debts placed with the licensee for collection. Any claim under the bond shall be presented to the board.� The board shall promptly notify the surety. If the surety fails to pay or settle the claim within thirty (30) days after notice from the board, the claimant may bring suit on the bond in the claimant's own name. The aggregate liability of the surety for any and all claims which may arise under the bond shall in no event exceed the amount of the penalty of the bond.

 

(d)� A licensee may file a new bond with the board at any time. A surety company may file with the board notice of its withdrawal as surety of any licensee. Upon the filing of a new bond or a notice of withdrawal, the liability of the former surety for all future acts of the licensee shall terminate except as provided in W.S. 33-11-109.

 

(e)� Upon filing notice with the board by any surety company of its withdrawal as the surety of any licensee, or upon the revocation by the insurance commissioner of the authority of any surety company to transact business in this state, the board shall immediately give notice to the licensee of the withdrawal or revocation. Within thirty (30) days from the date of notification the licensee shall file a new bond with the board.� If a licensee fails to file a new bond satisfactory to the board within the time allowed, the right of the licensee to conduct a collection agency shall terminate.

 

33-11-109.� Bond of agency; limitation of actions.

 

No action shall be brought upon any bond required to be given under this act after the expiration of two (2) years from the revocation or expiration of the license issued to the licensee and principal under the bond.� Except for any action commenced upon the bond prior to expiration of the two (2) year period, all liability of the surety upon the bond shall cease on the expiration date.

 

33-11-110.� License; renewals; fee; license nontransferable; display.

 

 

(a)� Fees for the licensing of collection agencies shall be set by the board. All fees shall be established in accordance with W.S. 33-1-201. Each office or place of business shall be licensed separately.

 

(b)� Each collection agency license expires one (1) year from the date of issuance. A collection agency license is not transferable. Each collection agency license shall be displayed in a conspicuous place in licensee's place of business.

 

33-11-111.� Disposition of fees.

 

All fees and money received and collected by the board shall be deposited with the state treasurer, who shall credit the money to a separate account. All monies paid into the state treasury and credited to the account are appropriated to the use of the collection agency board for the payment of all necessary expenses incurred in administering this act, including the payment of per diem, salary and mileage to members of the board.

 

33-11-112.� Action upon complaints; records of proceedings.

 

(a)� Any interested person may file a verified written complaint charging any collection agency licensee with the violation of this act or the rules adopted by the board, or with conduct that shows the licensee is unworthy to continue to operate a collection agency within this state. The complaint shall be filed with the board which shall investigate the complaint if necessary or refer the complaint to appropriate staff for investigation and referral back to the board for proper disposition.

 

(b)� The board, on its own motion, may make, or cause to be made, an investigation of the conduct of any licensee. As a part of an investigation, the board may audit the books and accounts of a licensee.� The audit may be conducted by an auditor from the state department of audit or by a certified public accountant contracted by the board.

 

(c)� Repealed by Laws 1981, ch. 25, � 2.

 

(d)� For the purpose of an investigation or for hearing a complaint, the board may hold a hearing in accordance with the Wyoming Administrative Procedure Act. The hearing may be conducted by a hearing examiner. The chairman may subpoena witnesses and books, records and documents relative to the inquiry.� Witnesses may be required to testify under oath.� If the board finds the licensee has violated the provisions of this act or the rules promulgated by the board, the licensee may be sanctioned by a civil penalty not to exceed one thousand dollars ($1,000.00) or refusal to renew, suspension or revocation of his license or any combination thereof. Any civil penalties collected pursuant to this section shall be paid to the state treasurer and credited as provided in W.S. 8-1-109.

 

(e)� A copy of the complaint and a complete record of the investigation and the disposition made shall be retained by the board in the office of the board.

 

33-11-113.� Records of license and bond actions; confidentiality.

 

 

(a)� The board shall keep a record of all applications for licenses and all bonds filed. The record shall state whether or not a license has been issued under the application and bond. If a bond is withdrawn, replaced or revoked, or the license to operate a collection agency is temporarily terminated because of the failure of the surety on the bond, the facts shall be reflected in the record with the date of filing any order of suspension, revocation or reinstatement. The application form and bond, and records relating thereto shall be open for inspection as a public record in the office of the board.

 

(b)� Financial statements, credit reports and other financial information required by the board in support of a license application or in an investigation, and unresolved complaints or complaints found to be without merit are confidential and are not subject to inspection as a public record.

 

33-11-114.� Furnishing or advertising legal services; scope of authority to solicit, acquire or collect claims.

 

No licensee, under the terms of this act, shall render legal services or advertise directly or indirectly, that it will render legal services, but any licensee can solicit claims exclusively for the purpose of collection, take assignments thereof for the purpose of collection by suit or otherwise, and for such purpose, shall be deemed to be the real party in interest in any suit brought upon such assigned claim.

 

33-11-115.� Prohibited acts; penalty for violations; injunctive relief.

 

 

(a)� In addition to other penalties, any person who carries on the business of a collection agency without first having obtained a license, or who carries on a collection agency business after the termination, suspension, revocation or expiration of a license, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), imprisoned in the county jail not more than six (6) months, or both.

 

(b)� When it appears to the board that any person is violating any of the provisions of this act, the board may, in its own name, bring an action in a court of competent jurisdiction for an injunction, and courts of this state may enjoin any person from violating this act regardless of whether proceedings have been or may be instituted before the board or whether proceedings have been or may be instituted under subsection (a) of this section. The proceedings shall be prosecuted by the attorney general, or if approved by the attorney general, by private counsel engaged by the board.

 

33-11-116.� Prosecution of violations.

 

The district attorney shall prosecute all violations of this act occurring within his district.

 

CHAPTER 12 - COSMETOLOGY

 

33-12-101.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-102.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-103.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-104.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-105.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-106.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-107.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-108.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-109.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-110.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-111.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-112.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-113.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-114.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-115.� Repealed by Laws 1985, ch. 97, � 2.

 

33-12-116.� Repealed by Laws 1985, ch. 97, � 2.

 

33-12-117.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-118.� Repealed by Laws 1985, ch. 97, � 2.

 

 

33-12-119.� Citation.

 

This act shall be known and may be cited as the "Wyoming Cosmetology Act".

 

33-12-120.� Definitions.

 

(a)� As used in this act:

 

(i)� "Applicant" means the person, persons or entity applying for a license, examination or appointment;

 

(ii)� "Application" means a form prescribed by the board used for making a request for licensure, examination or appointment;

 

(iii)� "Board" means the state board of cosmetology;

 

(iv)� "Cosmetologist" means a person who engages in the practice of cosmetology as defined by this act and rules of the board and who is licensed as a cosmetologist under this act;

 

(v)� "Practice of cosmetology" means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the hair, skin and nails of the human body for cosmetic purposes;

 

(vi)� "Esthetician" means a person who engages in the practice of esthetics as defined by this act and rules of the board and who is licensed as an esthetician under this act;

 

(vii)� "Practice of esthetics" means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the skin of the human body for cosmetic purposes;

 

(viii)� "Hair stylist" means a person who engages in the practice of hair styling as defined by this act and rules of the board and who is licensed as a hair stylist under this act;

 

(ix)� "Practice of hair styling" means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the hair for cosmetic purposes;

 

(x)� "Instructor" means a person licensed to teach cosmetology or any practices thereof in a school of cosmetology as defined by this act and rules of the board;

 

(xi)� "License" means a current document recognizing the cosmetologist, manicurist or nail technician, esthetician, hair stylist, instructor, salon or school has met the qualifications required for doing business in this state;

 

(xii)� "Manicurist or nail technician" means a person who engages in the practice of manicuring or nail technology as defined by this act and rules of the board and who is licensed as a manicurist or nail technician under this act;

 

(xiii)� "Practice of manicuring or nail technology" means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the nails and for cosmetic purposes;

 

(xiv)� "Model" means a person who volunteers to allow a licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist or student enrolled in a cosmetology school to perform cosmetology services without cost;

 

(xv)� "Patron" means a paying customer in a cosmetology salon or school;

 

(xvi)� "Salon" means any place licensed under this act in which cosmetology is practiced;

 

(xvii)� "School" means any place licensed under this act where cosmetology is taught to students;

 

(xviii)� "Student" means a person enrolled in a school licensed under this act;

 

(xix)� "Unprofessional" means acting in an extreme manner not conforming to current standards of the cosmetology industry;

 

(xx)� "This act" means W.S. 33-12-119 through 33-12-140.

 

33-12-121.� Board; membership; appointment; qualifications; term of office; vacancies; removal.

 

(a)� The board shall consist of five (5) members appointed by the governor. Each member shall be a cosmetologist licensed in Wyoming, and at least one (1) shall be an instructor licensed in Wyoming.� Each member of the board shall be a resident of Wyoming with at least five (5) years experience as a cosmetologist in Wyoming immediately preceding the appointment.� Appointments shall represent various geographical areas of Wyoming.� The term of each appointee shall be three (3) years, unless sooner removed from the board, or until a successor is appointed.� The terms shall be staggered so that the terms of not more than two (2) members expire each year.� The members of the board holding office on the effective date of this act shall serve as members for the remainder of their respective terms.

 

(b)� No member of the board shall be affiliated with or hold interest in any cosmetology school while serving as a member of the board.

 

(c)� Vacancies shall be filled for the unexpired term.� The governor shall remove any board member whose cosmetology license has been suspended or revoked.� The governor may remove any board member as provided in W.S. 9-1-202.

 

33-12-122.� Election of board officers.

 

The board shall meet after each appointment and elect one (1) of their members as president, one (1) vice-president, and one (1) recording secretary.

 

33-12-123.� Duties of board members.

 

(a)� Within the limitations and authority granted by this act, the board shall:

 

(i)� Develop rules setting uniform and reasonable standards of competency for the practice and teaching of cosmetology, manicuring or nail technology, esthetics or hair styling, for the operation of salons and schools, and procedures for its own conduct;

 

(ii)� Administer examinations to determine competency for licensure of cosmetologists, manicurists or nail technicians, estheticians, hair stylists and instructors;

 

(iii)� Initiate and conduct investigations, hearings and proceedings concerning alleged violations of this act and board rules;

 

(iv)� Determine and administer appropriate disciplinary action against all individuals found to have violated this act or rules promulgated hereunder as provided by W.S. 33-12-135;

 

(v)� Annually inspect, or appoint persons to inspect, all salons and schools for proper licensure of the salon, school and all cosmetologists, manicurists or nail technicians, estheticians, hair stylists whether practicing as a proprietor, employee or independent contractor, or instructors practicing or teaching and for the purpose of determining compliance with the provisions of this act and board rules;

 

(vi)� Determine fees as authorized by W.S. 33-12-139;

 

(vii)� Employ an executive director and approve such additional staff as may be necessary to administer and enforce the provisions of this act and board rules.

 

33-12-124.� Meetings.

 

A majority of the board constitutes a quorum for meetings and the transaction of business. The act of the majority of members of the board shall be the act of the board. The board shall meet as often as needed, but not less than four (4) times a year. The meetings shall be held in accordance with W.S. 16-4-401 through 16-4-407. The board shall keep permanent records of its meetings.

 

33-12-125.� Assistants; inspectors; salaries.

 

 

(a)� The board may employ and fix the duties and remuneration of inspectors, clerical or administrative assistants as deemed necessary to implement this act or the rules of the board.

 

(b)� Board members shall receive as salary the sum paid each day to legislators, or an equivalent hourly wage, together with per diem and mileage allowance as allowed to state employees, when actually engaged in official board duties.

 

33-12-126.� Executive director; duties; accountability; compensation.

 

The board shall employ an executive director who shall be responsible for the administration of this act and rules of the board, and other duties as the board may direct.� The executive director shall be a cosmetologist licensed in Wyoming and qualified by education and experience.� The executive director may act in the board's behalf during the period between meetings on matters of licensure, applications for examination and other administrative functions.� The executive director shall be responsible for the coordination and security of board examinations, shall assist the board members with adoption of rules and regulations, shall assist in legislative matters, shall attend board meetings and assist in implementation of board decisions.� The annual salary of the executive director shall be determined by the state personnel division.� The executive director shall receive mileage and per diem allowance for expenses incurred in the performance of official duties as provided for other state employees.

 

33-12-127.� Licenses required; failure to comply; fines.

 

(a)� From and after the effective date of this act, no person shall engage in the practice or instruction of cosmetology, manicuring or nail technology, esthetics or hair styling and no place shall be maintained and operated for the practice or teaching of cosmetology, manicuring or nail technology, esthetics or hair styling except under a license issued in compliance with this act and the rules adopted pursuant to this act.

 

(b)� No school or salon shall employ, hire or in any manner allow any individual to practice or teach cosmetology, manicuring or nail technology, esthetics or hair styling unless that individual has a current license to practice or teach the applicable specific practice of cosmetology, manicuring or nail technology, esthetics or hair styling.

 

(c)� The licenses required in subsections (a) and (b) of this section shall:

 

(i)� Be issued in the name of the licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist, instructor, owner of the salon or owner of the school;

 

(ii)� State the licensing and expiration dates; and

 

(iii)� Be displayed at all times in a conspicuous place in the principal office, place of business or employment of the licensee.

 

(d)� Any person who practices or teaches cosmetology, manicuring or nail technology, esthetics or hair styling for compensation, or who carries on any business, practice or operation governed by this act, without the applicable license when a license is required, is guilty of a misdemeanor punishable, upon conviction, by a fine of not more than seven hundred fifty dollars ($750.00).

 

(e)� Upon request of a licensee, the board may issue a certificate to the licensee to practice activities authorized under the license as an independent contractor within a salon.� The board may charge an additional fee for the issuance of the certificate as established pursuant to W.S. 33-12-139.

 

33-12-128.� Form; expiration; renewal of license.

 

The board shall prescribe the form and expiration date of licenses.� Licenses may be renewed by submitting the required application for renewal and fee to the board before the license expiration date.� If a cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license is allowed to expire, the license may be renewed within a period of ninety (90) days after the expiration date, but after the expiration of ninety (90) days from the date the license expired the license shall lapse.

 

33-12-129.� Expired and lapsed licenses; relicensure.

 

If a salon or school license is allowed to expire a reinstatement fee for late renewal shall be imposed.� A cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license which has lapsed may be reinstated subject to payment of a reinstatement fee in addition to license fees for the lapsed period.� Any person whose license has lapsed for five (5) years or more, and who does not qualify for licensure by endorsement, shall be required to complete a refresher course of one hundred (100) hours at a licensed school before applying for examination and shall then be required to take the board examination.

 

33-12-130.� Licensure by examination.

 

(a)� An applicant for admission to board examination shall meet the following requirements:

 

(i)� Be a graduate of a cosmetology, manicuring or nail technology, esthetics or hair styling school and have met training requirements comparable to those set forth in board rules;

 

(ii)� Submit proper credentials as required by the board no less than fifteen (15) days before the examination is to be given;

 

(iii)� Pay the required fee for examination.

 

(b)� The board shall issue a license to persons successfully passing the board licensing examination.

 

33-12-131.� Time, place and scope of examinations.

 

(a)� Examinations shall be held at least six (6) times a year at a time and place designated by the board.� The examinations shall be conducted by the board or a majority thereof.

 

(b)� The examinations shall not be confined to any specific method or system, may consist of written, oral and performance examinations and shall be of such scope and character as to disclose that any person passing the examination is qualified to receive a cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license.

 

33-12-132.� Licensure by endorsement.

 

An applicant for a license to practice or instruct cosmetology, manicuring or nail technology, esthetics or hair styling in Wyoming who is a qualified and currently licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor in another state, upon submitting an application to the board, a certification from the board or licensing agency of the state in which the applicant is licensed, proof of meeting the requirements of this section and payment of the required fee, may receive a cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license by endorsement without examination in this state.� An applicant from another state which does not require a board examination for licensure, or an applicant who did not attend a cosmetology, manicuring or nail technology, esthetics or hair styling school meeting requirements of the rules of the board and the licensing entity of the state in which the school is located, shall not obtain a Wyoming license by endorsement.� An applicant from another state who has not practiced cosmetology, manicuring or nail technology, esthetics or hair styling full time for at least one (1) year prior to application shall obtain a Wyoming license by endorsement only if he was licensed under requirements which the board determines to be at least equal to those established pursuant to this act.

 

33-12-133.� Foreign applicants.

 

Applicants licensed or trained in a foreign country shall present an English translation of the requirements they met in that country.� The credentials shall be presented to the board for consideration, and a determination as to what requirements are necessary to obtain a license in Wyoming shall be made.

 

33-12-134.� Promulgation of rules.

 

(a)� The board shall prescribe rules to implement this act in accordance with the Wyoming Administrative Procedure Act.

 

(b)� The board shall prescribe sanitation rules necessary to prevent the spread of infectious and contagious diseases.� All sanitation rules shall be subject to approval of the department of health.

 

(c)� Notwithstanding any other provision of this act, the board may adopt rules which prescribe reduced qualifications and examination requirements for persons seeking to engage solely in services for the improvement and beautification of the hair, skin or nails.� The license issued shall state the limited nature of services which may be performed by the licensee.

 

(d)� In adopting rules defining the professions licensed under this act the board may clarify definitions provided in statute and address new practices but shall not otherwise expand those activities which constitute the practice of a profession licensed under this act.

 

33-12-135.� Powers to revoke, refuse, suspend, refuse to renew licenses; grounds; procedures.

 

(a)� The board may refuse to issue a license under this act or censure, revoke, suspend or refuse to renew a license issued pursuant to this act after not less than twenty (20) days notice and a hearing, held pursuant to the provisions of W.S. 16-3-101 through 16-3-115, for any of the following acts:

 

(i)� Any violation of this act or any rule of the board;

 

(ii)� Any infection control violation as defined by this act or rules of the board;

 

(iii)� Unprofessional or dishonest conduct as defined by this act or rules of the board;

 

(iv)� A judicial disposition of guilt or a plea of nolo contendere relative to a criminal offense which adversely relates to the practice or instruction of cosmetology, nail technology, esthetics or hair styling;

 

(v)� Use of any prohibited product as defined by this act or rules of the board;

 

(vi)� Use of intoxicating liquor or drugs to such an extent as to render the individual unfit to practice or teach cosmetology, manicuring or nail technology, esthetics or hair styling;

 

(vii)� Fraud, cheating or unfair practices in passing an examination;

 

(viii)� Advertising by means of statements known to be false or deceptive; or

 

(ix)� Failure of any person, salon or school to display required licenses and inspection certificates.

 

(b)� Repealed by Laws 2005, ch. 98, � 2.

 

(c)� The board may require the attendance of witnesses and the production of books, records or papers it determines necessary for any investigation of any violation of this act or rule of the board.� Any member of the board may administer oaths to witnesses appearing to testify before the board or before any board member.

 

(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.

 

33-12-136.� Right of entry.

 

Any member of the board, its agents or assistants may enter into and inspect any school or salon at any time during business hours.

 

33-12-137.� Annual report to governor.

 

The board shall report to the governor respecting all receipts, expenditures and activities of the board as required by W.S. 9-2-1014.

 

33-12-138.� Publications.

 

(a)� The board shall:

 

(i)� Provide a copy of appropriate statutes and rules to every licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist, salon and school.� Additional copies shall be made available upon payment of a fee for the publication;

 

(ii)� Prepare and maintain a current list of the names and addresses of all cosmetologists, manicurist or nail technicians, estheticians, hair stylists, salons and schools licensed in Wyoming, the names and addresses of the members of the board and their terms of office.� The list shall be available for inspection and copying and for reproduction in whole or in part upon payment of the cost of reproduction.

 

33-12-139.� Fees; disposition of fees.

 

(a)� Fees for the following shall be determined by the board pursuant to W.S. 33-1-201:

 

(i)� Examinations;

 

(ii)� Cosmetologist license;

 

(iii)� Instructor license;

 

(iv)� Salon license;

 

(v)� School license;

 

(vi)� Endorsement fee;

 

(vii)� License reinstatement;

 

(viii)� Online testing;

 

(ix)� Manicurist or nail technician license;

 

(x)� Esthetician license;

 

(xi)� Temporary location license;

 

(xii)� Independent contractor certificate; and

 

(xiii)� Hair stylist license.

 

(b)� The board shall set fees sufficient to recover costs for the publication and distribution of registers, lists and booklets, for records and affidavits processed, and for educational programs.

 

(c)� Each fee required shall be paid in advance and shall be received and collected as provided by law.� The state treasurer shall place two percent (2%) of the money in the state's general fund, and the remainder in a separate account.

 

33-12-140.� Exemptions.

 

 

(a)� Nothing in this act shall prohibit services rendered by licensed physicians, nurses, dentists, podiatrists, chiropractors, physical therapists, morticians or barbers when exclusively engaged in the practice of their respective professions.

 

(b)� The provisions of this act shall not apply to employees, volunteers and residents of hospitals, health care facilities, nursing homes, senior citizen centers, convalescent or boarding homes or other similar facilities who render services to residents or members of these facilities on the premises.

 

(c)� The provisions of this act shall not apply to persons engaged in demonstrating the use of any cosmetic or beauty aid or equipment for the purpose of offering for sale to the public such cosmetic or beauty aid or equipment, or to a person engaged in the business of or receiving compensation for facial makeup applications only.

 

CHAPTER 13 - DANCE HALL OPERATORS

 

33-13-101.� Repealed By Laws 2009, Ch. 138, � 2.

 

33-13-102.� Repealed By Laws 2009, Ch. 138, � 2.

 

 

33-13-103.� Repealed By Laws 2009, Ch. 138, � 2.

 

33-13-104.� Repealed By Laws 2009, Ch. 138, � 2.

 

33-13-105.� Repealed By Laws 2009, Ch. 138, � 2.

 

CHAPTER 14 - DEBT ADJUSTERS

 

33-14-101.� Definitions.

 

 

(a)� As used in this act:

 

(i)� "Person" means an individual, corporation, partnership, trust, firm, association or other legal entity excluding a tax exempt nonprofit consumer credit counseling service, a person admitted to the bar in this state or a copartnership or professional corporation all members of which are admitted to the bar in this state;

 

(ii)� "Debt adjusting" shall mean doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to:

 

(A)� Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness, of the debtor; or

 

(B)� Receive from the debtor and disburse to his creditors any money or other thing of value.

 

33-14-102.� Prohibited; exception.

 

 

(a)� It shall be unlawful for any person to engage in the business of debt adjusting.

 

(b)� Nothing in this act shall apply to those situations involving debt adjusting as herein defined incurred in the practice of law in this state.

 

33-14-103.� Penalty.

 

Whoever, either individually or as an officer, director or employee of any person, firm, association, partnership, corporation or other legal entity, violates any of the provisions of this act shall upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00) or by confinement in the county jail of not more than six (6) months or both, for each such violation.

 

CHAPTER 15 - DENTISTS AND DENTAL HYGIENISTS

 

33-15-101.� Board of dental examiners; generally.

 

 

(a)� The board shall carry out the purposes and enforce the provisions of this act. The board shall consist of six (6) members appointed by the governor with the advice and consent of the state senate. Appointments made between sessions of the legislature shall be made in accordance with W.S. 28-12-101. The interim appointments are not considered a term for the purposes of subsection (c) of this section, relating to reappointment to the board.

 

(b)� The term for board members is four (4) years, and expires on March 1. Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

(c)� No person is eligible to membership on the board who is not legally qualified to practice; who has not engaged in the active practice of dentistry in the state of Wyoming for at least five (5) continuous years immediately prior to appointment; who does not at the time of his appointment hold a certificate entitling him to practice dentistry in the state of Wyoming; and who is not a resident of the state of Wyoming. One (1) appointed member of the board shall be a dental hygienist who has the qualifications provided in this act. No member shall succeed himself in office for more than two (2) successive terms.

 

(d)� Any vacancy upon the board caused by the resignation, death or removal of a member shall be filled by the governor by appointment for the unexpired term of that member. Any appointment to fill a vacancy shall be made within ninety (90) days after the vacancy occurs.

 

(e)� Appointments by the governor to the board shall be made from a list of recommended names submitted by the Wyoming Dental Association and Wyoming Dental Hygiene Association as follows:

 

(i)� The Wyoming Dental Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of the names of not less than ten (10) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made; and

 

(ii)� The Wyoming Dental Hygiene Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of not less than three (3) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made.

 

(f)� Each member of the board shall, before entering upon the duties of his office, take and subscribe an oath or affirmation that he will support the constitution and the laws of the United States and the state of Wyoming, and that he will faithfully perform the duties as a member of the board.

 

(g)� Repealed By Laws 2007, Ch. 210, � 3.

 

33-15-102.� Board of dental examiners; officers; seal; meetings; quorum.

 

 

(a)� The board shall elect from its members a president, vice-president and a secretary-treasurer. The board shall have a common seal. The board shall meet in June each year, and more often if necessary, at such times and places designated by the president and the board. The meeting of the board shall be at the call of the president and the secretary-treasurer. Five (5) days notice shall be given by the secretary-treasurer to all board members of the time and place of the meeting. A majority of the board constitutes a quorum.

 

(b)� Repealed by Laws 1981, ch. 172, � 3.

 

33-15-103.� Board of dental examiners; removal of members.

 

The governor may remove any member as provided in W.S. 9-1-202 or for discontinued residence in Wyoming.

 

33-15-104.� Board of dental examiners; indebtedness; compensation.

 

The board shall not create any indebtedness on behalf of the state of Wyoming, except as provided in this section.� Out of the funds assessed by the board, each of the members of the board shall receive compensation for each day or part of a day in which they are engaged in performance of their official duties, including necessary travel, at the same rate as state legislators and shall be reimbursed for actual and necessary expenses, and mileage incurred in the performance of their official duties.� The secretary of the board shall receive compensation for his services.

 

33-15-105.� Disposition of monies received and collected under provisions of chapter; report.

 

(a)� All monies shall be received and collected as provided by law. The state treasurer shall place the money in a separate account, which shall only be paid out upon an authorized voucher duly verified by the board president and signed by the president and either the secretary of the board, or his designee, showing that the expenditure is a necessary expense and has been actually and properly incurred by the board.� Upon presentation of the voucher, the auditor shall draw the warrant upon the treasurer but no warrant shall be drawn unless and until there are sufficient monies in the account to pay same and the expenses of the board shall not be charged upon any other state fund or account.� Any money on hand at the dissolution of the board or the repeal of this act shall be paid to the credit of the common school permanent land fund account.

 

(b)� The board shall report annually to the governor respecting all activities, as required by W.S. 9-2-1014.

 

33-15-106.� Determination of fees.

 

The board shall establish fees by rule and regulation for the issuance of licenses and administration of examinations pursuant to this act.

 

33-15-107.� Sale of license.

 

Any member of the board who sells or offers to sell any license, or modify scoring or grading of a test to issue a license is subject to prosecution under W.S. 6-5-102.

 

33-15-108.� Licensing; qualifications; examinations; fees.

 

(a)� Any person of good moral character, who has� graduated and attained the degree of doctor of dental surgery or doctor of dental medicine from a college or university in the United States or Canada accredited by the commission on dental accreditation of the American Dental Association, may apply to the board to have the applicant's qualifications considered for licensure to practice dentistry. The applicant shall pass a written and practical examination in a manner satisfactory to the board. The written examination shall consist of part I and part II of the national board of dental examinations administered by the joint commission on national dental examinations of the American Dental Association and an examination on the Wyoming Dental Practice Act and the rules and regulations of the board of dental examiners. The clinical practical examination shall be based on satisfactory completion of a clinical examination acceptable to the board.

 

(b)� The board shall set the examination fee and all reexamination fees shall be the same as the current fee for the initial examination. Fees shall be paid to the� board office before the examination. The fee shall be paid by money order, cashier's check or certified check, and in no case shall the fee be refunded.

 

(c)� The applicant shall be informed in writing by certified mail of the results of his examination within thirty (30) days after the examination.

 

(d)� Repealed By Laws 2009, Ch. 181, � 2.

 

(e)� If the applicant fails the board examination three (3) times, he shall show evidence of additional education to the satisfaction of the board before he may be reexamined.

 

(f)� The board shall keep a record book in which is recorded the names and addresses of all applicants and such other matters as affords a full record of the actions of the board. The records or transcripts of the records, duly certified by the president and secretary of the board with the seal of the board attached, is prima facie evidence before all courts of this state of the entries therein.

 

(g)� The board shall make and prescribe all reasonable rules for its government and for the conduct of its business.

 

(h)� The board may make and prescribe rules and regulations for the licensure and practice of dentistry in the state of Wyoming, not inconsistent with this act.� For purposes of this subsection, "practice of dentistry" includes the work of dental hygienists, dental auxiliaries, dental technicians and dental laboratories.

 

33-15-109.� Renewal license certificate.

 

(a)� On or before December 31 each year, each dentist licensed to practice dentistry in this state and wishing to continue in the practice of dentistry shall submit a license renewal application with the applicable renewal fee.� Any license granted by the board shall be cancelled after ten (10) days notice by registered mail if the holder fails to secure the renewal certificate within three (3) months after December 31 each year.

 

(b)� Any dentist whose application for renewal indicates that the dentist has not actively practiced dentistry or engaged in teaching dentistry or dental hygiene for the preceding five (5) years shall be issued a renewal certificate� only after demonstrating to the board that the dentist has maintained the qualifications set forth in this act. The board may require reexamination if it finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee.

 

(c)� The board may set continuing education requirements for renewal certificates and relicensure certificates.

 

33-15-110.� Certificate entitles dentist to practice in any county; lost certificates.

 

The certificate provided for in this act entitles the holder to practice dentistry in any county in Wyoming. The board, upon satisfactory proof of loss of the certificate issued under this act, shall issue a new certificate. The cost of replacement shall be determined by the board and paid by the person requesting replacement.

 

33-15-111.� List of licensees filed with board office.

 

The board shall annually publish a list of all dentists and dental hygienists licensed under this act. The list shall contain the name and address of each dentist and dental hygienist and such other information as the board deems advisable. The board office shall furnish copies to the public upon request or by access to the board's website.

 

33-15-112.� Grounds and procedure for revocation or suspension of license.

 

(a)� The board may refuse to issue or renew a license, may suspend or revoke a license, may reprimand, restrict or impose conditions on the practice of a dentist for any one (1) or more of the following causes:

 

(i)� Conviction of, entry of a plea of nolo contendere to or entry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felony or misdemeanor that relates adversely to the practice of dentistry or the ability to practice dentistry;

 

(ii)� Renting or loaning to another person the dentist's license or diploma to be used as a license or diploma for the other person;

 

(iii)� Unprofessional conduct as defined in rules and regulations of the board;

 

(iv)� Advertising or soliciting patients, in any form of communication, in a manner that is false or misleading in any material respect;

 

(v)� Being unfit or incompetent to practice dentistry for any reason, including but not limited to:

 

(A)� Inability to practice dentistry with reasonable skill and safety because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance;

 

(B)� Performance of unsafe dental practice or failure to conform to the standards of acceptable professional dental practice, whether or not actual injury results.

 

(vi)� Professional discipline by a professional licensing board in any jurisdiction;

 

(vii)� Fraud, deceit or misrepresentation in providing any information or record to the board; or

 

(viii)� Willful violation of any provisions of this act or rules and regulations of the board.

 

(b)� The 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 or by additional information or data which supports the complaint and shall be filed with the board. Upon receiving the complaint, the board shall proceed as in a contested case under the Wyoming Administrative Procedure Act and rules and regulations of the board. Upon revocation of any license, the fact shall be noted upon the records of the board and the license shall be marked cancelled upon the date of its revocation.

 

(c)� 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.

 

33-15-113.� Repealed By Laws 2007, Ch. 210, � 3.

 

 

33-15-114.� Persons deemed to be practicing dentistry; work authorizations from licensed dentist.

 

(a)� Except as provided by paragraph (xii) of this subsection, any person is deemed to be practicing dentistry within the meaning of this act:

 

(i)� Who performs, or attempts, or advertises to perform, or causes to be performed by the patient or any other person, or instructs in the performance of any dental operation or oral surgery or dental service of any kind gratuitously or for a salary, fee, money or other remuneration paid, or to be paid, directly or indirectly, to himself or to any other person or agency;

 

(ii)� Who is a manager, proprietor, operator or a conductor of a place where dental operations, oral surgery or dental services are performed;

 

(iii)� Who directly or indirectly by any means or method furnishes, supplies, constructs, reproduces or repairs any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth, or places such appliance or structure in the human mouth or attempts to adjust the same;

 

(iv)� Who advertises to the public by any method to furnish, supply, construct, reproduce or repair any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth;

 

(v)� Who diagnoses or professes to diagnose, prescribes for or professes to prescribe for, treats or professes to treat disease, pain, deformity, deficiency, injury or physical condition of human teeth or jaws, or adjacent structure;

 

(vi)� Who extracts or attempts to extract human teeth, or corrects or professes to correct malpositions of teeth or of the jaw;

 

(vii)� Who gives or professes to give interpretations or readings of dental radiographs;

 

(viii)� Who administers an anesthetic of any nature in connection with dental operations;

 

(ix)� Who uses the words "dentist", "dental surgeon" or "oral surgeon", the letters "D.D.S.", "D.M.D." or any other words, letters, title or descriptive matter which in any way represents him as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury or physical condition of human teeth or jaws, or adjacent structures;

 

(x)� Who states or advertises or permits to be stated through any medium of communication that the licensee can perform or will attempt to perform dental treatment or render a diagnosis in connection therewith; or

 

(xi)� Who engages in any of the practices included in the curriculum of an approved dental college;

 

(xii)� A dental laboratory or dental technician is not practicing dentistry within the meaning of this act when engaged in the construction, making, alteration or repairing of bridges, crowns, dentures or other prosthetic or surgical appliances, or orthodontic appliances if the casts or molds or impressions upon which the work is constructed have been made by a regularly licensed and practicing dentist, and if all crowns, bridges, dentures or prosthetic appliances, surgical appliances or orthodontic appliances are returned to the dentist upon whose order the work is constructed.

 

(b)� Any licensed dentist who employs or engages the service of any person, firm or corporation to construct, reproduce, make, alter or repair bridges, crowns, dentures or other prosthetic, surgical or orthodontic appliances shall furnish the person with a written work authorization on forms prescribed by the board, which contain:

 

(i)� The name and address of the person to whom the work authorized is directed;

 

(ii)� The patient's name or identification number, but if only a number is used the patient's name shall be written upon the duplicate copy of the work authorization retained by the dentist;

 

(iii)� The date on which the work authorization was written;

 

(iv)� A description of the work to be done, including diagrams, if necessary;

 

(v)� A specification of the type and quality of the material to be used;

 

(vi)� The signature of the dentist and the number of his license to practice dentistry.

 

(c)� The person, firm or corporation receiving a work authorization from a licensed dentist shall retain the original work authorization and the dentist shall retain the duplicate copy for inspection at any reasonable time by the board or its authorized agents for two (2) years from date of issuance.

 

33-15-115.� Persons to whom chapter inapplicable.

 

 

(a)� Nothing in this act contained applies:

 

(i)� To a legally qualified medical doctor;

 

(ii)� To a legally qualified dental hygienist or dentist engaged in full-time duties with the United States armed forces, public health service, veterans administration or other federal agencies;

 

(iii)� To a legally qualified dental hygienist or dentist of another state making a clinical demonstration before a meeting of dentists or dental auxiliaries; or

 

(iv)� To dental and dental hygiene students actively enrolled in any American Dental Association accredited dental educational program performing services as a part of the curriculum of that program under the direct supervision of a Wyoming licensed dentist or Wyoming licensed dental hygienist instructor.

 

33-15-116.� Certain persons prohibited from soliciting patronage of general public.

 

No person engaged in business of constructing, altering or repairing bridges, crowns, dentures or other prosthetic appliances, surgical appliances or orthodontic appliances shall directly or indirectly solicit the patronage of the general public.

 

33-15-117.� Dental laboratory technicians.

 

Dentists may employ one (1) or more dental laboratory technicians who work only under the direction and supervision of the dentist and who shall not be permitted under any circumstances to do any work upon any patient. Dental laboratory technicians shall not be allowed to do laboratory work of any kind except at the direction of dentists duly licensed to practice, and then only upon written prescription issued by the dentists.

 

33-15-118.� Repealed by Laws 1981, ch. 172, � 3.

 

 

33-15-119.� Dental hygienists; generally.

 

Any dentist authorized to practice dentistry within the state may employ dental hygienists who shall be examined and possess the qualifications provided in this act. A dental hygienist may perform any services for a patient which are consistent with what dental hygienists are trained to do in accredited dental hygiene schools accredited by the commission on dental accreditation of the American Dental Association. Hygienists shall not perform any other operation on the teeth or mouth and shall be regulated by the rules and regulations promulgated by the board. The above services shall be performed under the supervision of a licensed dentist. Dental hygienists shall practice in the office of any licensed dentist, or in any public or private institution under the supervision of a licensed dentist. The board may revoke or suspend the license of any dentist who permits any dental hygienist operating under his supervision to perform any operations or functions other than those permitted under this act.

 

33-15-120.� Dental hygienists; qualifications; examination; fees and license.

 

(a)� Any person of good moral character who is a graduate of a dental hygiene program accredited by the commission on dental accreditation of the American Dental Association, who has passed in a manner satisfactory to the board the dental hygiene national board examination administered by the joint commission on national dental examinations of the American Dental Association and who passes any clinical board accepted by the board may apply to the board to have the person's qualifications considered for licensure to practice dental hygiene.� Applicants shall be required to pass a written examination satisfactory to the board.

 

(b)� If the applicant fails the board examination three (3) times, he shall show evidence of additional education to the satisfaction of the board before reexamination.

 

(c)� If the applicant successfully completes the requirements for licensure, the applicant shall be licensed as a dental hygienist. If the expanded duties applicant has successfully met the requirements for expanded duties, the applicant shall be certified in those expanded duties. The certificate issued by the board shall list the expanded duties which the hygienist is qualified and permitted to perform. On or before December 31 each year, each dental hygienist licensed to practice dental hygiene and wishing to continue in the practice of dental hygiene shall submit a license renewal application with the applicable renewal fee. The renewal certificate shall be made available to the supervising dentist. Any license granted by the board shall be cancelled after ten (10) days notice by registered mail if the holder fails to secure the renewal certificate within three (3) months after December 31 each year. Any license cancelled may be restored by the board upon payment of a fee set by the board, if paid by December 31 of the year the license was cancelled.

 

(d)� Any dental hygienist whose application for renewal indicates that the hygienist has not actively practiced dental hygiene or engaged in teaching dental hygiene for the preceding five (5) years shall be issued a renewal certificate only after demonstrating to the board that the hygienist has maintained the qualifications set forth in this act. The board may require reexamination if it finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee under this act.

 

(e)� The board shall promulgate reasonable rules and regulations for the licensure of dental hygienists and the practice of dental hygiene, and may prescribe continuing education requirements for renewal certificates and relicensure.

 

33-15-121.� Grounds and proceedings for suspension of, revocation of, or refusal to renew license.

 

(a)� The board may refuse to issue or renew, or may suspend or revoke, the license of any dental hygienist for any of the following causes:

 

(i)� Conviction of, entry of a plea of nolo contendere to or entry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felony or misdemeanor that relates adversely to the practice of dental hygiene or the ability to practice dental hygiene;

 

(ii)� Unprofessional conduct, as defined in rules and regulations of the board;

 

(iii)� Advertising or soliciting patients, in any form of communication, in a manner that is false or misleading in any material respect;

 

(iv)� Renting or loaning to another person the hygienist's license or diploma to be used as a license or diploma for the other person;

 

(v)� Being unfit or incompetent to practice dental hygiene for any reason, including but not limited to:

 

(A)� Inability to practice dental hygiene with reasonable skill and safety because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance; or

 

(B)� Performance of unsafe dental hygiene practice or failure to conform to the standards of acceptable professional dental hygiene practice, whether or not actual injury results.

 

(vi)� Professional discipline by a professional licensing board in any jurisdiction;

 

(vii)� Fraud, deceit or misrepresentation in providing any information or record to the board; or

 

(viii)� For willful violation of any provision of this act or rules and regulations of the board.

 

(b)� All proceedings by the board� pursuant to subsection (a) of this section shall be as set forth in W.S. 33-15-112(b) for the revocation or suspension of a dentist's license.

 

(c)� 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.

 

33-15-122.� Repealed By Laws 2007, Ch. 210, � 3.

 

 

33-15-123.� Duties of other dental auxiliary.

 

Duties of all other dental auxiliary personnel not mentioned in this act shall be set and governed by the rules and regulations of the board.

 

33-15-124.� Violations.

 

Any person who practices dentistry without being properly qualified and licensed, or who violates any provisions of this act is subject to a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not more than two (2) years in the penitentiary, or both. Each separate violation of this act constitutes a separate offense.

 

33-15-125.� Repealed by Laws 1981, ch. 172, � 3.

 

 

33-15-126.� Regulation of proceedings relating to revocation or suspension of licenses.

 

All proceedings before the board relating to the revocation or suspension of licenses shall be conducted according to the Wyoming Administrative Procedure Act, except appeals under the Wyoming Administrative Procedure Act shall not be allowed for revocations, suspensions or other restrictions imposed on licenses pursuant to W.S. 33-15-112(c) or 33-15-121(c).

 

33-15-127.� Action for injunction.

 

The board in its own name may bring an action for an injunction, and courts of this state may enjoin any person from violation of this act. Such proceedings shall be prosecuted by the attorney general's office or by private counsel.

 

33-15-128.� Definitions.

 

(a)� As used in this act:

 

(i)� "Board" means the Wyoming board of dental examiners established by this act;

 

(ii)� "Dentistry" means the healing art practiced by a dentist which is concerned with the examination, diagnosis, treatment, planning and care of conditions within the human oral cavity and its adjacent tissues and structures;

 

(iii)� "Dentist" means a person who performs any intraoral and extraoral procedure required in the practice of dentistry and to whom is reserved:

 

(A)� The responsibility for final diagnosis of conditions within the human mouth and its adjacent tissues and structures;

 

(B)� The responsibility of the final treatment plan of any dental patient;

 

(C)� The responsibility for prescribing drugs which are administered to patients in the practice of dentistry;

 

(D)� The responsibility for overall quality of patient care which is rendered or performed in the practice of dentistry regardless of whether the care is rendered personally by the dentist or by a dental auxiliary; and

 

(E)� Other specific services within the scope of the practice of dentistry.

 

(iv)� "Dental" means pertaining to dentistry;

 

(v)� "Dental hygienist" means a person who is supervised by a dentist and is licensed to render the educational, preventive and therapeutic dental services defined in this act, as well as any extraoral procedure required in the practice of a dental hygienist's duties;

 

(vi)� "Dental assistant" means a person who is supervised by a dentist and renders assistance to a dentist, dental hygienist, dental technician or another dental assistant as described in this act;

 

(vii)� "Dental laboratory" means an enterprise engaged in making, repairing, providing or altering oral prosthetic appliances and other artificial materials and devices which are returned to the dentist and inserted into the human mouth or which come into contact with its adjacent structures and tissues;

 

(viii)� "Dental laboratory technician" means a person who, at the direction of a licensed dentist, makes, provides, repairs or alters oral prosthetic appliances and other artificial devices which are inserted into the human mouth or which come into contact with the human mouth and its adjacent tissues and structures. A dental technician is a dental prosthetic auxiliary working under the supervision of a licensed dentist;

 

(ix)� "Dental auxiliary" means any person who works under the supervision of a dentist and who provides dental care services to a patient;

 

(x)� "Supervision" of a dental auxiliary means the act of directing or overseeing duties performed by a dental auxiliary, as defined by rules and regulations of the board;

 

(xi)� Repealed By Laws 2007, Ch. 210, � 3.

 

(xii)� "Proprietor" includes any person who:

 

(A)� Employs dentists, dental hygienists or dental auxiliaries in the operation of a dental office, except as defined in this act; or

 

(B)� Places in the possession of a dentist, dental hygienist or dental auxiliary or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or

 

(C)� Retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists, dental hygienists, dental auxiliaries or any other agents, excepting that nothing in this subparagraph shall apply to bona fide sales of dental equipment or material secured by a chattel mortgage or retain-title agreement or the loan of articulators.

 

(xiii)� "Expanded duties" means those patient's services which are beyond those regularly practiced by dental hygienists or dental technicians or other dental auxiliary functions and which require additional education which shall be approved by the board of dental examiners of Wyoming and are to be performed under the direct supervision of a licensed dentist;

 

(xiv)� "Specialty" means a special area of dental practice for ethical specialty announcement and limitation of practice which are dental public health, endodontics, oral pathology, oral and maxillofacial surgery, orthodontics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiology and any other specialty area recognized by the board of dental examiners of Wyoming;

 

(xv)� "Radiograph" means the film used with an x-ray machine and includes the product of a film exposed by an x-ray machine;

 

(xvi)� "X-ray machine" means an assemblage of components for the controlled production of x-rays.� It includes at a minimum an x-ray high voltage generator, an x-ray control, a tube housing assembly, a beam limiting device and the necessary supporting structures;

 

(xvii)� "This act" means W.S. 33-15-101 through 33-15-133 and may be cited as the "Wyoming Dental Practice Act".

 

33-15-129.� Radiograph use permits.

 

 

(a)� Any dental assistant who places or exposes radiographs shall hold a radiograph use permit.

 

(b)� Any licensed dentist using an x-ray machine shall have that machine inspected by a qualified radiation expert periodically as determined by the board.

 

(c)� The board shall promulgate reasonable rules and regulations necessary for granting or revoking a radiograph use permit and for inspection of x-ray machines.

 

33-15-130.� General anesthesia or parenteral sedation permit.

 

 

(a)� Any dentist licensed under this act who administers general anesthesia or parenteral sedation shall apply for and receive a general anesthesia or parenteral sedation permit.� The permit shall be issued to a licensed dentist who passes an appropriate examination and has the necessary equipment as defined by the board.

 

(b)� The board shall provide for the inspection of the anesthesia and sedation equipment of permitted dentists on a regular basis to insure the equipment is of the appropriate type and is in working order.

 

(c)� Any dentist using general anesthesia or parenteral sedation without a permit may have his license revoked or suspended.

 

(d)� The board shall promulgate reasonable rules and regulations, including establishing examination fees, as necessary to carry out this section.

 

33-15-131.� Dentist and dental hygienist volunteer license.

 

(a)� As used in this section:

 

(i)� "Low income uninsured person" means a person who meets all of the following requirements:

 

(A)� The person's income is not greater than two hundred percent (200%) of the current poverty level as defined by federal law, as amended;

 

(B)� The person currently is not receiving medical, disability or other assistance under any federal or state government health care program; and

 

(C)� Either of the following applies:

 

(I)� The person is not a policyholder, certificate holder, insured, contract holder, subscriber, enrollee, member, beneficiary or other covered individual under a health insurance or health care policy, contract or plan; or

 

(II)� The person is a policyholder, certificate holder, insured, contract holder, subscriber, enrollee, member, beneficiary or other covered individual under a health insurance or health care policy, contract or plan, but the insurer, policy, contract or plan denies coverage or is the subject of insolvency or bankruptcy proceedings in any jurisdiction.

 

(ii)� "Nonprofit health care facility" means a charitable nonprofit corporation or association organized and operated under title 17, chapter 19 or 22 of the Wyoming statutes, or any charitable organization not organized and not operated for profit, that provides health care services to low income uninsured persons, except that "health care facility" does not include a hospital, including a swing bed hospital, facility or center defined under W.S. 35-2-901 or any other medical facility that is operated for profit.

 

(b)� For purposes of this section, a person shall be considered retired from practice if the person's license or certificate has expired.

 

(c)� The state board of dental examiners may issue, with or without examination, a volunteer's certificate to a person who is retired from practice so that the person may provide dental services to low income uninsured persons at nonprofit health care facilities. The board shall deny issuance of a volunteer's certificate to a person who is not qualified under this section to hold a volunteer's certificate.

 

(d)� An application for a volunteer's certificate shall include all of the following:

 

(i)� A copy of the applicant's dentistry or dental hygienist degree;

 

(ii)� One (1) of the following, as applicable:

 

(A)� A copy of the applicant's most recent license or certificate authorizing the practice of dentistry or dental hygiene issued by a jurisdiction in the United States that licenses persons to practice dentistry or dental hygiene; or

 

(B)� A copy of the applicant's most recent license equivalent to a license to practice dentistry or dental hygiene in one (1) or more branches of the United States armed services that the United States government issued.

 

(iii)� Evidence of one (1) of the following, as applicable:

 

(A)� That the applicant has maintained for at least ten (10) years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice as a dentist or dental hygienist; or

 

(B)� That the applicant has practiced for at least ten (10) years immediately prior to retirement in good standing as a dentist or dental hygienist in one (1) or more of the branches of the United States armed services; and

 

(iv)� A notarized statement from the applicant, on a form prescribed by the board, that the applicant:

 

(A)� Will not accept any form of remuneration for any dental or dental hygiene services rendered while in possession of a volunteer's certificate;

 

(B)� Will devote his practice exclusively and totally to providing dental or dental hygiene services to low income uninsured persons at a nonprofit health care facility in this state; and

 

(C)� Will provide any other documentation that the board reasonably may require.

 

(e)� The holder of a volunteer's certificate may provide dental or dental hygiene services only on the premises of a nonprofit health care facility in this state and only to low income uninsured persons. The holder shall not accept any form of remuneration for providing dental or dental hygiene services while in possession of the certificate. The board may revoke a volunteer's certificate on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the certificate.

 

(f)� A volunteer's certificate shall be valid for a period of one (1) year, unless earlier revoked under subsection (e) of this section or pursuant to title 33, chapter 15 of the Wyoming statutes. A volunteer's certificate may be renewed upon the application of the holder. The board shall maintain a register of all persons who hold volunteer's certificates. The board shall not charge a fee for issuing or renewing a certificate pursuant to this section.

 

(g)� To be eligible for renewal of a volunteer's certificate, the holder of the certificate shall certify to the board completion of any continuing education required under this act as if the holder of the certificate were in active practice. The board shall not renew a certificate if the holder has not complied with the continuing education requirements. The nonprofit health care facility in which the holder provides dental or dental hygiene services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education.

 

(h)� The board shall issue to each person who qualifies under this section a volunteer's certificate that states the certificate holder is authorized to provide dental or dental hygiene services pursuant to the laws of this state.

 

(j)� Except as provided in this section, any person holding a volunteer's certificate issued by the board under this section shall be subject to the requirements of this act and the jurisdiction of the board as if he were licensed to practice dentistry or dental hygiene under this act.

 

(k)� The board shall adopt rules to administer and enforce this section.

 

33-15-132.� Immunity from personal liability.

 

(a)� Members, agents and employees of the board and any person reporting information to the board under oath shall be immune from personal liability with respect to acts done and actions taken in good faith without fraud or malice.

 

(b)� The immunity provided by this section shall extend to the members of any professional review committee, investigators and witnesses appearing before the board.

 

33-15-133.� Temporary educator's license.

 

(a)� A temporary license may be issued to any dentist or dental hygienist who has applied for licensure and who exhibits good standing in another jurisdiction of the United States or Canada and has qualified for the requirements to be employed as an instructor at a dental hygiene school.

 

(b)� The temporary educator's license shall be valid only until the meeting of the board at which the educator's application for standard licensure is considered.

 

(c)� The temporary educator license does not permit the licensee to practice outside of the educational institution at which the licensee is employed as an instructor.

 

CHAPTER 16 - EMBALMERS, FUNERAL DIRECTORS, UNDERTAKERS AND CREMATORIES

 

ARTICLE 1 - IN GENERAL

 

33-16-101.� Embalmers; application for license; fee; examination; qualifications; registration and display of license; license not transferable; reciprocity; suspensions.

 

(a)� Every person now engaged or desiring to engage in the practice of embalming dead human bodies within the state of Wyoming shall apply upon blanks to be furnished by the board, to the state board of embalming for a license, accompanying the same with a license fee established by the board pursuant to W.S 33-1-201. All applicants for a license shall be at least nineteen (19) years of age.

 

(b)� The applicant shall present himself before the board at a duly organized meeting of the board and shall be examined as to his knowledge of embalming, sanitation, anatomy and all educational subjects pertaining to embalming and the disinfection of bodies of deceased persons and apartments wherein the same may be found, the clothing, excretia and other things likely to be infected in case of death from communicable disease, all in accordance with the rules and regulations of the department of health, the state board of embalmers and the laws of Wyoming.

 

(c)� The examination shall consist of not less than twenty-five (25) questions on the subject of sanitation and disinfection, not less than twenty-five (25) questions on the subject of anatomy, not less than twenty-five (25) questions on the subject of embalming and funeral management, and not less than fifty (50) oral questions. The oral examination may be conducted in the presence of a cadaver upon which actual demonstration may be asked for by the board. All examination papers shall be kept on file by the board of embalmers.

 

(d)� If the applicant is of good moral character, has successfully completed one (1) year of college at a two (2) or four (4) year institution of higher learning, has had one (1) year of actual practical training and instruction as an apprentice under a regularly licensed embalmer practicing in Wyoming, has attended a regular twelve (12) month course of instruction in a reputable college of embalming approved by the state board of embalmers, having at least eight hundred fifty (850) hours devoted to the following subjects: anatomy, physiology, chemistry, the principles and methods of embalming, bacteriology, public health and sanitation, laws and rules regulating the transportation of dead human bodies, funeral management, etc., practical experience from having embalmed, under proper supervision, at least twenty-five (25) dead human bodies, and has passed a creditable examination in accord with the rules and regulations of the board, then the board of embalmers shall issue the applicant a license to practice the profession of embalming in Wyoming. The state board of embalmers shall select all questions to be used for examining applicants for licenses.

 

(e)� All persons receiving licenses under the provisions of W.S. 33-16-101 through 33-16-206 shall register the fact at the health office of the city and county in the jurisdiction of which it is proposed to carry on such practice and shall display the license in a conspicuous place in the office of the licensee. Licenses are not assignable and do not grant authority to any person other than the holder to practice the profession of embalming.

 

(f)� Reciprocity is hereby given to states granting reciprocity to the state of Wyoming.

 

(g)� 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.

 

33-16-102.� Embalmers; secretary's register to be kept; copies to licensees and transportation companies.

 

The secretary of the state board of embalming shall keep a record in which shall be registered the names and residence of all persons to whom a certificate of license, as herein provided, has been granted, and the number and date of these licenses; a copy of this record shall be furnished to all those holding a license and to the various transportation companies of the state of Wyoming.

 

33-16-103.� Embalmers; foreign licensees.

 

Where a licensee from another state makes application to practice embalming in this state without the examination provided for in W.S. 33-16-101, he must satisfy the board that he has the qualifications required, and said applicant shall be compelled to pass a practical examination in operative embalming before at least one (1) member of its board.

 

33-16-104.� Embalmers; annual renewal of registration; fee.

 

A registered embalmer, who desires to continue the practice of his profession, shall annually thereafter, during the time he continues in practice, on such date as the board determines, pay to the secretary of the board a fee for the renewal of registration, the amount of which is to be established by the board pursuant to W.S. 33-1-201.

 

33-16-105.� Embalmers; exemption from jury service.

 

All embalmers licensed under the provisions of this act, and who are regularly engaged in the business of embalming, shall be and they are exempted from jury service.

 

33-16-106.� Unlawful practice and transportation; exceptions.

 

It shall be unlawful for any person not a licensed embalmer, as herein provided, to advertise, practice, or pretend to practice the science of embalming, either by arterial or cavity treatment, or to prepare to ship by railroad, express or any common carrier, any dead human body, except according to rules adopted by this board. It shall be unlawful for any person, railroad, express company or any common carrier, to receive for transportation any dead human body unless said body has been prepared by a regular licensed embalmer, except in accordance with the rules prescribed by the state board of embalming. Nothing in this act shall apply to or in any manner interfere with the duties of any officer of the law, nor shall this act apply to any person engaged simply in the furnishing of burial receptacles for the dead and burying the dead, but not embalming.

 

33-16-107.� Privileges as to use of bodies for dissecting, demonstrating or teaching.

 

The state board of embalming and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching as those granted in this state to medical colleges.

 

33-16-108.� When coroner's permission to embalm required; penalty.

 

It is unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner is obtained. Any person knowingly violating� this section� is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not� more than one thousand dollars ($1,000.00), or both.

 

33-16-109.� Shipping pasters.

 

All licensed embalmers shall use shipping pasters, to be furnished by the state board of embalming and approved by the state board of health. No railroad, express company or common carrier shall accept for transportation any dead human body, unless such body is accompanied by said shipping paster properly filled out and signed.

 

33-16-110.� Prohibited acts; penalty for violations.

 

Any person who shall advertise, practice or hold himself or herself as practicing the science of embalming without having complied with the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof before any court, shall be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each and every offense; and any person, railroad, express company or common carrier, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall pay a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each and every offense.

 

33-16-111.� Exceptions.

 

To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

 

ARTICLE 2 - STATE BOARD OF EMBALMING

 

33-16-201.� Created; designation; composition; appointment; qualifications of members; officers; removal.

 

(a)�