Current through the 2024 legislative session
Section 33-27-122 - Board hearings and investigations(a) The board may investigate or cause to be investigated any allegation or evidence that appears to show that a psychologist, behavior analyst or assistant behavior analyst licensed to practice in this jurisdiction, including a person providing psychological services pursuant to the Psychology Interjurisdictional Compact, W.S. 33-27-202, and anyone under his supervision is, or may be, in violation of this act, in violation of the Psychology Interjurisdictional Compact or in violation of any of the rules adopted by the board.(b) Any person who in good faith reports a violation to the board shall be absolutely immune from civil liability for any statement or opinion made in the report.(c) The board shall conduct hearings in accordance with the Wyoming Administrative Procedure Act and duly promulgated rules and regulations.(d) The licensee may waive any or all of his rights to a formal adjudicatory proceeding.(e) The board may conduct a default hearing if, after due notice, the individual fails or refuses to appear. The board shall have the authority to issue subpoenas for production of documents and witnesses and to administer oaths. The board may apply to a court of competent jurisdiction to compel compliance with a subpoena.(f) A psychologist, behavior analyst or assistant behavior analyst may surrender his license when he is charged with any violation of this act, the Psychology Interjurisdictional Compact, W.S. 33-27-202 or board rules and regulations, and such surrender and acceptance by the board shall constitute acknowledgment by the person as an admission of guilt as charged. The circumstances of the surrender shall be reported in the same fashion as a revocation action.(g) A psychologist, behavior analyst or assistant behavior analyst may request in writing to the board that a restriction be placed upon his license to practice. The board, in its discretion, may accept a surrender or grant a request for restriction and shall have the authority to attach restrictions to the license to practice within this state or otherwise to discipline the licensee.(h) Subsequent to the holding of a hearing and the taking of evidence by the board as provided for in this section, if a majority of the board finds that a psychologist, behavior analyst or assistant behavior analyst is in violation of this act or the Psychology Interjurisdictional Compact, W.S. 33-27-202, or is guilty of any of the acts, offenses or conditions as enumerated by the board, the following actions may be taken: (i) The board may revoke or suspend the license or ability to practice under the Psychology Interjurisdictional Compact, W.S. W.S. 33-27-202 ;(ii) The board may suspend imposition of a revocation or suspension of a license or ability to practice under the Psychology Interjurisdictional Compact, W.S. 33-27-202 ;(iii) The board may impose revocation or suspension of a license or ability to practice under the Psychology Interjurisdictional Compact, W.S. 33-27-202 , but suspend enforcement thereof by placing the psychologist, behavior analyst or assistant behavior analyst on probation, which probation shall be revocable if the board finds the conditions of the probation order are not being followed. As a condition of probation the board may require the psychologist, behavior analyst or assistant behavior analyst to submit to care, counseling or treatment by a professional designated by the board. The expense of the action shall be borne by the probationer. The board may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of the protection of the public, or for the purpose of the rehabilitation of the probationer, or both;(iv) The board may require restitution when necessary; and(v) The board may assess the costs of the disciplinary proceeding as specified in its rules and regulations.(j) The board shall take all necessary action against a person violating the Psychology Interjurisdictional Compact, W.S. W.S. 33-27-202, as required by the compact.Amended by Laws 2023, ch. 21,§ 2, eff. 2/15/2023.Amended by Laws 2022 , ch. 47, § 2, eff. 3/9/2022.