Current through the 2024 Budget Session
Section 33-27-120 - Grounds for denial, suspension or revocation of license and other disciplinary sanctions(a) A psychologist, behavior analyst or assistant behavior analyst and anyone under his supervision shall conduct his professional activities in conformity with ethical and professional standards as promulgated by rule of the board.(b) After notice and a 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 suspend licenses to practice psychology or behavior analysis for any of the following acts or offenses:(i) Fraud in applying for or procuring a license to practice psychology or behavior analysis;(ii) Immoral, unprofessional or dishonorable conduct as defined in the rules and regulations promulgated by the board;(iii) Practicing psychology or behavior analysis in a manner which endangers the welfare of clients or patients;(iv) Conviction of a felony that interferes with the ability to practice psychology or behavior analysis as defined by rule of the board;(v) Conviction of any felony or conviction of any crime or offense that reflects the inability of the practitioner to practice with due regard for the health and safety of clients or patients. A copy of the conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction;(vi) Harassment, intimidation or abuse, sexual or otherwise, of a client or patient;(vii) Sexual exploitation of a client or patient as defined by W.S. 33-27-113(a)(viii);(viii) Use of untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including functioning outside of one's professional competence established by education, training and experience;(ix) Malpractice or negligence in the practice of psychology or behavior analysis;(x) Aiding or abetting the practice of psychology or behavior analysis by a person not licensed by the board;(xi) Fraud in filing medicare or medicaid claims or in filing claims to any third party payor;(xii) Exercising undue influence to exploit a client, patient, student or supervisee for financial or other personal advantage to the practitioner or a third party;(xiii) The suspension or revocation by another jurisdiction of a license to practice psychology or behavior analysis or the suspension or revocation of a behavior analysis certification issued by the certifying entity;(xiv) Refusal to appear before the board after having been ordered to do so in writing by the chair of the board;(xv) Making any fraudulent or untrue statement to the board;(xvi) Violation of the code of ethics adopted in the rules and regulations of the board; (xvii) Inability to practice psychology or behavior analysis with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals or any other substance or as a result of any mental or physical condition; or(xviii) Providing psychology services under the Psychology Interjurisdictional Compact, W.S. 33-27-202, without satisfying the standards and conditions imposed by the compact or without complying with rules promulgated by the board related to providing psychological services under the compact.(c) With respect to evidence of any conviction or the suspension or revocation of a license for the purposes of subsection (b) of this section, a certified copy of the record of conviction from the court entering the conviction, from the state suspending or revoking the license, or from the coordinated licensure information system operated under the Psychology Interjurisdictional Compact, W.S. 33-27-202, shall be conclusive evidence thereof.(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.(e) For purposes of this section, "conviction" means and includes a plea of guilty, nolo contendere and a verdict of guilty upon which a judgment of conviction may be rendered.Amended by Laws 2023, ch. 21,§ 2, eff. 2/15/2023.Amended by Laws 2022 , ch. 47, § 2, eff. 3/9/2022.