Thisact shall be known and may be cited as the "Wyoming Nurse PracticeAct".
33-21-120. Definitions.
(a) As used in this act:
(i) "Advanced practice registered nurse (APRN)" meansa nurse who:
(A) May prescribe, administer, dispense or providenonprescriptive and prescriptive medications including prepackaged medications,except schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;
(B) Has responsibility for the direct care and management ofpatients and clients in relation to their human needs, disease states andtherapeutic and technological interventions;
(C) Has a master's degree in nursing, or an advanced practiceregistered nurse specialty or has completed an accredited advanced practiceregistered nurse educational program prior to January 1, 1999; and
(D) Has completed an advanced program of study in a specialtyarea in an accredited nursing program, has taken and passed a nationalcertification examination in the same area and has been granted recognition bythe board to practice as an APRN.
(ii) "Alford plea" means a plea agreement where thedefendant has pled guilty yet not admitted to all the facts that comprise thecrime;
(iii) "Approval" is the process by which the boardprovides for evaluation and grants official recognition to nursing educationalprograms which meet established uniform and reasonable standards;
(iv) "Board" means the Wyoming state board of nursing;
(v) "Certificate" means a document issued by theboard permitting the performance by a nursing assistant/nurse aide of basicrelated nursing tasks and skills delegated by a licensed nurse and as allowedby statute and board rule;
(vi) "Competence" means the application of knowledgeand the interpersonal, critical thinking, decision-making and psychomotorskills expected for the practice role within the context of public health,safety and welfare;
(vii) "Impaired" means the inability to practicenursing with reasonable skill and safety to patients by reason of one (1) ormore of the following:
(A) Lack of nursing competence;
(B) Mental illness;
(C) Physical illness including, but not limited to,deterioration through the aging process or loss of motor skill; or
(D) Chemical or alcohol impairment.
(viii) "License" means a current document permitting thepractice of nursing as a registered nurse or licensed practical nurse;
(ix) "Nursing process" means the investigativeapproach to nursing practice utilizing a method of problem identification bymeans of:
(A) Assessment: A systematic and continuous collection ofobjective and subjective data about the health status of individuals and groupsderived from observations, health assessment including physical assessment,interviews, written records and reports;
(B) Nursing Diagnosis: The identification of actual orpotential responses to health needs or problems based on collecting, analyzingand comparing data with appropriate nursing standards to serve as the basis forproviding nursing care or for which referral to appropriate medical orcommunity resources is required;
(C) Planning: Development of a plan of care which includesmeasurable goals derived from the nursing diagnosis and identified prioritiesto maintain comfort, support of human functions and responses, and anenvironment conducive to wellness;
(D) Intervention: Actions in nursing practice which implementthe plan of care to maximize health capabilities of individuals and groups;
(E) Evaluation: The continuous appraisal of the effectivenessof goal attainment in the plan of care by means of reassessing health status,and if necessary, modifying nursing diagnosis, plan of care and interventions.
(x) "Practice of practical nursing" means theperformance of technical services and nursing procedures which require basicknowledge of the biological, physical, behavioral, psychological and sociologicalsciences. These skills and services are performed under the direction of alicensed physician or dentist, advanced practice registered nurse or registeredprofessional nurse. Standardized procedures that lead to predictable outcomesare utilized in the observation and care of the ill, injured and infirm, inprovision of care for the maintenance of health, in action directed towardsafeguarding life and health, in administration of medications and treatmentsprescribed by any person authorized by state law to prescribe and in delegationto appropriate assistive personnel as provided by state law and board rules andregulations;
(xi) "Practice of professional nursing" means theperformance of professional services requiring substantial knowledge of thebiological, physical, behavioral, psychological and sociological sciences, andof nursing theory as the basis for applying the nursing process which consistsof assessment, diagnosis, planning, intervention and evaluation. The nursingprocess is utilized in the promotion and maintenance of health, case findingand management of illness, injury or infirmity, restoration of optimum functionand achievement of a dignified death. Nursing practice includes but is notlimited to administration, teaching, counseling, supervision, delegation,evaluation of nursing practice and execution of the medical regimen. Thetherapeutic plan includes the administration of medications and treatmentsprescribed by any person authorized by state law to prescribe. Each registeredprofessional nurse is accountable and responsible for the quality of nursingcare rendered;
(xii) "Practice of a certified nursing assistant/nurseaide" means, regardless of title or care setting, the performance ofnursing related tasks and services delegated by a licensed nurse. The nursingassistant/nurse aide shall complete a specified course of study approved by theboard, meet minimum competency requirements and be certified by the board;
(xiii) "This act" means W.S. 33-21-119 through 33-21-157.
33-21-121. Board of nursing; membership; appointment; qualifications;term of office; vacancies; removal.
(a) The board of nursing shall consist of seven (7) members tobe appointed by the governor. Five (5) members shall be registered nurses, one(1) member shall be a licensed practical nurse and one (1) member shall be arepresentative of the public. Membership shall be restricted to no more thanone (1) person who is associated with a particular agency, educationalinstitution, corporation or other enterprise or subsidiary at one time.Membership shall represent various geographical areas of Wyoming.
(b) Each registered nurse member of the board shall be aresident of this state, licensed in good standing under the provisions of thisact, currently engaged in the practice of nursing as a registered nurse andshall have had no less than five (5) years of experience as a registered nurse,at least three (3) of which immediately preceded appointment. Of the five (5)registered nurse members on the board, one (1) member shall have had at leasttwo (2) years of experience in an administrative or teaching position in anursing education program, one (1) member shall have had at least two (2) yearsof experience in administration in nursing service or public health nursing,one (1) member shall have at least two (2) years experience as an advancedpractice registered nurse, and the remaining two (2) members shall be appointedfrom various areas of nursing.
(c) The practical nurse member shall be a resident of thisstate, licensed in good standing under the provisions of this act, currentlyengaged in the practice of nursing as a licensed practical nurse, and shallhave had no less than five (5) years of experience as a licensed practicalnurse, at least three (3) of which immediately preceded appointment.
(d) The representative of the public shall be a resident ofthis state who has attained the age of majority, is interested in consumerhealth concerns and shall not be nor ever have been licensed or employed as aprovider of health care services or be enrolled or employed in any healthrelated educational program.
(e) Members of the board shall be appointed for a term of three(3) years.
(f) The present members of the board holding office under theprovisions of the Wyoming Nurse Practice Act as of July 1, 2005 shall serve asmembers for their respective terms.
(g) No member shall serve more than two (2) consecutive fullterms. The completion of an unexpired portion of a full term shall not constitutea full term for purposes of this subsection. Any board member initiallyappointed for less than a full term is eligible to serve for two (2) additionalconsecutive full terms.
(h) An appointee to a full term on the board shall be appointedby the governor prior to the expiration of a term of the member being succeededand shall become a member of the board on the first day following theexpiration date of the preceding term. Appointees to unexpired portions of fullterms shall become members of the board on the day following the appointment.Each term of office shall expire at 12:00 midnight on the last day of Februaryfor the term of the appointment.
(j) A vacancy that occurs for any reason in the membership ofthe board shall be filled by the governor in the manner prescribed in theprovisions of this act regarding appointments. A person appointed to fill avacancy shall serve for the unexpired portion of the term.
(k) The governor may remove any member from the board asprovided in W.S. 9-1-202.
33-21-122. Board of nursing; powers and duties.
(a) The responsibility for enforcement of the provisions ofthis act is vested in the board of nursing. The board shall have all of theduties, powers and authority specifically granted by and necessary to theenforcement of this act.
(b) The board of nursing may make, adopt, amend, repeal andenforce reasonable rules and regulations necessary for the properadministration and enforcement of this act.
(c) Without limiting the foregoing, the board of nursing may dothe following:
(i) Develop by rules and regulations uniform and reasonablestandards for nursing practice;
(ii) Appoint advisory committees to provide expertise inspecific areas of education or practice under consideration by the board;
(iii) Publish advisory opinions relative to whether the nursingprocedures, policies and other practices of any agency, facility, institutionor other organization that employs individuals licensed under this act complieswith the standards of nursing practice as defined in this act and board rulesand regulations. The board may submit comments, register complaints or filecharges with the appropriate advisory, certifying or regulatory body governingthe agency, facility, institution or organization that authorizes and condonesviolations of this act or board rules and regulations;
(iv) Report alleged violations of this act to the districtattorney of the county where the violation occurred;
(v) Examine, license, renew, relicense and reactivate thelicenses of duly qualified individuals, may grant individuals a temporarypermit to engage in the practice of professional and practical nursing in thisstate within the limits imposed in this act and may develop, by board rules andregulations, standards for continued competency of licensees continuing in orreturning to practice;
(vi) Deny any applicant a license or temporary permit topractice professional or practical nursing, whether by examination, licensure,endorsement, renewal, relicensure or reactivation, if the applicant fails tomeet the requirements of this act or board rules and regulations;
(vii) Conduct surveys and collect data related to licensure andeducational enrollments and report to the public;
(viii) Conduct investigations, hearings and proceedings concerningalleged violations of this act and board rules and regulations and shallrequest criminal history background information on license or certificateapplicants as authorized under W.S. 7-19-106(a)(viii);
(ix) Notwithstanding any other provision of law, the board mayissue administrative subpoenas for the testimony of any license, certificate ortemporary permit holder or other witness and may issue administrative subpoenasfor the production of evidence relating to any matter under investigation. Theboard may compel attendance of witnesses and administer oaths to thosetestifying at hearings;
(x) Determine and administer appropriate disciplinary actionagainst all individuals found guilty of violating this act and board rules andregulations. The board retains jurisdiction over the person issued a license,certificate or temporary permit pursuant to this act, regardless of whether thelicense, certificate or permit expired, lapsed or was relinquished during orafter the alleged occurrence of conduct proscribed by this act;
(xi) Develop and enforce uniform and reasonable standards fornursing education programs as stated in board rules and regulations;
(xii) Approve nursing education programs that meet the prescribedstandards of the board;
(xiii) Deny or withdraw approval of nursing education programsthat fail to meet the prescribed standards of the board;
(xiv) Regulate by board rules and regulations the qualificationsof advanced practice registered nurses;
(xv) Maintain records of proceedings as required by state law;
(xvi) Conduct conferences, forums, studies and research onnursing practice and education;
(xvii) Maintain nursing statistics for purposes of nursingmanpower planning and nursing education;
(xviii) Appoint and employ a registered nurse qualified by nursingexperience and a minimum of a master's degree in nursing to serve as executivedirector, approve additional staff positions as may be necessary in the opinionof the board to administer and enforce the provisions of this act and determinequalifications for such positions;
(xix) Participate in and pay membership fees to organizationsthat develop and regulate the national nursing licensure examinations andexclusively promote the improvement of the uniform and reasonable standards forthe practice of nursing for protection of the public health, safety andwelfare;
(xx) Submit an annual report to the governor, summarizing theboard's proceedings and activities;
(xxi) Determine and collect reasonable fees not to exceed fivehundred dollars ($500.00) as established by board rules and regulations;
(xxii) Receive and expend funds for the pursuit of the authorizedobjectives of the board of nursing. Funds shall be maintained in a separateaccount and periodic reports of the receipt and expenditure of funds shall besubmitted to the governor;
(xxiii) Adopt a seal which shall be in the care of the executivedirector and which shall be affixed only in a manner as prescribed by theboard; and
(xxiv) By board rule and regulation, regulate the qualifications,certification, recertification, examination and discipline of nursingassistants and nurse aides. For purposes of carrying out this paragraph,fingerprints and other information necessary for a criminal history recordbackground check pursuant to W.S. 7-19-201 shall be provided to the board.
(d) Notwithstanding any other provision of this act, the boardshall not, by rule or otherwise, limit the right of licensed nurses to practicewith other health professionals or in an association, partnership, corporationor other lawful entity, nor limit the right of licensed nurses to practiceunder the name "nursing clinic", "nursing center" or otherdescriptive terms, provided the term is not misleading regarding the nature ofservices provided.
(e) This act does not require the board of nursing to act uponviolations of the provisions of the act whenever, in the board's opinion, thepublic interest will be served adequately by a suitable written notice ofwarning to affected parties.
33-21-123. Executive director; appointment; assistant; powers andduties; salary and expenses.
(a) An executive director shall be appointed by the board andis responsible for the performance of administrative responsibilities of theboard and other duties as the board directs.
(b) The executive director and assistant to the executivedirector shall be registered nurses, licensed in the state of Wyoming andqualified by nursing experience and a minimum of a master's degree in nursing.
(c) The executive director and assistant to the executivedirector may act on the board's behalf during the period between board meetingsin matters of licensure, examination, disciplinary and other administrativefunctions.
(d) The executive director and the assistant to the executivedirector of the board of nursing shall receive an annual salary which shall bedetermined by the board in conjunction with the personnel department and whichshall be competitive with salaries for positions requiring similar educationand experience and shall receive reimbursement for per diem and travel expensesincurred in connection with the performance of official duties as provided forin state statutes.
33-21-124. Board; officers; duties; terms.
(a) The board of nursing shall elect from its registered nursemembers a president and vice president. The president shall preside at boardmeetings and shall be responsible for the performance of all duties andfunctions of the board required or permitted by this act. In the absence of thepresident, the vice president shall assume these duties.
(b) Additional offices shall be established and filled by theboard at its discretion.
(c) Officers elected by the board shall serve a term of one (1)year commencing with the day of their election and ending upon election oftheir successors and shall serve no more than three (3) consecutive full termsin each office to which they are elected.
(a) The board of nursing shall meet at least once every six (6)months to transact its business. One (1) meeting shall be designated as theannual meeting for the purpose of electing officers and board reorganizationand planning. The board shall meet at additional times as it may determine.Additional meetings may be called by the president of the board or bytwo-thirds (2/3) of the members of the board. Board meetings and hearings shallbe open to the public. In accordance with the law, the board may conduct partof the meeting in executive session, closed to the public.
(b) Notice of all board meetings shall be given in the mannerpursuant to board rules and regulations.
(c) A majority of the board members including the president orvice president constitutes a quorum for the conduct of a board meeting. The actof the majority of members present at a meeting, which includes a quorum, shallbe the act of the board of nursing.
(d) The board members shall vote when present. When a conflictof interest exists, the board members shall abstain from voting.
33-21-126. Board; compensation.
Eachmember of the board shall receive as salary the sum paid each day tolegislators and shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diemand travel expenses incurred in the performance of their duties.
33-21-127. Qualifications for licensure; application requirements.
(a) An applicant for licensure by examination to practice as aregistered nurse or licensed practical nurse shall:
(i) Submit a written application verified by oath as prescribedby the board;
(ii) Be a graduate of a state board approved nursing educationprogram recognized by the board which prepares for the level of licensure beingsought;
(iii) Pass a board approved national nursing licensureexamination;
(iv) Have committed no acts which are grounds for disciplinaryaction as set forth in W.S. 33-21-146, or if the act has been committed, theboard may, at its discretion and after investigation, determine that sufficientrestitution has been made; and
(v) Remit fees as specified by the board.
(b) An applicant for licensure by endorsement to practice as aregistered nurse or licensed practical nurse shall:
(i) Submit a written application verified by oath as prescribedby the board;
(ii) Be a graduate of a state board approved nursing educationprogram recognized by the board which prepares for the level of licensure beingsought;
(iii) Have committed no acts which are grounds for disciplinaryaction as set forth in W.S. 33-21-146, or if the act has been committed, theboard may, at its discretion and after investigation, determine that sufficientrestitution has been made;
(iv) Remit fees as specified by the board; and either:
(A) Submit proof of initial licensure by an examinationacceptable to the board, provided that when the applicant secured his or herinitial license, the requirements for licensure included the requirements thennecessary for licensure in this state and have submitted proof that the licensehas not been suspended, revoked or otherwise restricted for any reason; or
(B) Be required to pass an examination or meet otherrequirements as specified by the board, if the applicant has not passed anexamination acceptable to the board.
(c) Each applicant who successfully meets the requirements ofthis section is entitled to licensure as a registered nurse or licensedpractical nurse, whichever is applicable.
(d) In addition to subsections (a) and (b) of this section, anapplicant for licensure under this act shall provide the board fingerprints andother information necessary for a criminal history record background check asprovided under W.S. 7-19-201.
33-21-128. Examinations for licensure; reexamination.
(a) Repealed by Laws 2005, ch. 224, 2.
(b) The board may employ, contract and cooperate with anyorganization in the preparation, administration and grading of an appropriatenational nursing licensure examination.
(c) The board shall by rules and regulations limit the numberof reexaminations which may be taken by the applicant after the initial failureof a board approved national nursing licensure examination.
33-21-129. Renewal of licenses.
(a) Licenses issued under this act shall be renewed bienniallyaccording to a schedule established by board rules and regulations.
(b) A renewal license shall be issued to a registered nurse orlicensed practical nurse who demonstrates satisfactory completion ofrequirements established by the board and who remits the required feesestablished in the board rules and regulations.
(c) Any license issued by the board shall expire if thelicensee fails to renew the license as established in board rules andregulations, including the remittance of all fees.
(d) Failure to renew the license by the expiration date shallresult in forfeiture of the right to practice nursing in this state.
33-21-130. Relicensure.
Licenseeswho have allowed their license to lapse by failure to renew as herein provided,may apply for relicensure according to board rules and regulations. Uponsatisfaction of the requirements for relicensure, the board shall issue arenewal of license to practice nursing.
33-21-131. Inactive status; reactivation.
Licenseeswho hold an active license to practice in this state, and who wish todiscontinue the practice of professional or practical nursing in this state,may request in writing that the board place their license on inactive status. Alicensee on inactive status shall not be considered lapsed or expired. Abiennial renewal fee shall be required to retain the inactive status. Licensees on inactive status may apply for reactivation pursuant to board rulesand regulations.
33-21-132. Temporary permit.
(a) The board may issue a temporary permit to practice nursingto a registered nurse or licensed practical nurse who is awaiting licensure byendorsement and who is currently licensed in good standing in anotherjurisdiction, territory or possession of the United States. The period for atemporary permit shall not exceed ninety (90) days, provided the applicantsubmits a written application for licensure by endorsement in a form andsubstance satisfactory to the board.
(b) The board may issue a temporary permit to practice nursingto a registered nurse or licensed practical nurse who is not seeking licensureby endorsement and who is currently licensed in good standing in anotherjurisdiction, territory or possession of the United States. The period for atemporary permit shall not exceed ninety (90) days, provided the applicantsubmits a written application for licensure by endorsement in a form andsubstance satisfactory to the board. A temporary permit for such a requestshall be issued only one (1) time.
(c) The board may issue a temporary permit to practice nursingto a graduate of an approved nursing education program, pending the results ofthe first board approved national nursing licensure examination offered aftergraduation. A temporary permit shall not be issued to any applicant who haspreviously failed a board approved national nursing licensure examination. Thetemporary permit shall be surrendered in event of failure of the licensureexamination. A new graduate holding a temporary permit shall practice onlyunder the direction and supervision of a registered professional nurse.
(d) The board may issue a temporary permit to graduates offoreign schools of nursing who have met the requirements for licensure byexamination or endorsement pursuant to board rules and regulations. Applicantsshowing evidence of certification from a board approved national certifyingorganization for graduates of foreign nursing schools shall take the firstboard approved national nursing licensure examination offered for which theyare eligible.
(e) A temporary permit is nonrenewable.
33-21-133. Licensees to provide statistical information to board.
Eachlicensee shall provide reasonable information for statistics requested by theboard to perform its duties in nursing manpower planning.
33-21-134. Registered professional nurse; use of R.N.; advancedpractice registered nurse; use of A.P.R.N.
(a) Any person who holds a license to practice as a registeredprofessional nurse in this state shall have the right to use the title"Registered Nurse" and the abbreviation "R.N." No otherperson shall assume this title or use this abbreviation or any words, letters,signs or devices to indicate that the person using same is a registeredprofessional nurse.
(b) Any person who holds a license to practice as an advancedpractice registered nurse in this state shall have the right to use the title"Advanced Practice Registered Nurse" and the abbreviation"A.P.R.N." No other person shall assume this title or use this abbreviationor any words, letters, signs or devices to indicate that the person using sameis an advance practice registered nurse.
33-21-135. Licensed practical nurse; use of L.P.N.
Anyperson who holds a license to practice as a licensed practical nurse in thisstate shall have the right to use the title "Licensed PracticalNurse" and the abbreviation "L.P.N." No other person shallassume this title or use this abbreviation or any words, letters, signs ordevices to indicate that the person using same is a licensed practical nurse.
33-21-136. New graduate professional nurse; use of G.N.; new graduateadvanced practice registered nurse; use of G.A.P.R.N.
(a) Any person who holds a temporary permit as a new graduateprofessional nurse in this state shall use the title "Graduate Nurse"and the abbreviation "G.N." No other person shall assume this titleor use this abbreviation or any words, letters, signs or devices to indicatethat the person using same is a new graduate professional nurse.
(b) Any person who holds a temporary permit as a new graduateadvanced practice registered nurse in this state shall use the title"Graduate Advanced Practice Registered Nurse" and the abbreviation"G.A.P.R.N." No other person shall assume this title or use thisabbreviation or any words, letters, signs or devices to indicate that theperson using same is a new graduate advanced practice registered nurse.
33-21-137. New graduate practical nurse; use of G.P.N.
Anyperson who holds a temporary permit as a new graduate practical nurse in thisstate shall use the title "Graduate Practical Nurse" and theabbreviation "G.P.N." No other person shall assume this title or usethis abbreviation or any words, letters, signs or devices to indicate that theperson using same is a new graduate practical nurse.
33-21-138. Nursing education programs; approval by board.
Theboard shall by rules and regulations that establish standards for nursingeducation programs define the process for board approval of nursing educationprograms and collect actual costs incurred for the approval process for nursingeducation programs, not to exceed five thousand dollars ($5,000.00).
33-21-139. Nursing education programs; approval by board; procedure.
Aninstitution or program desiring to initiate a nursing education program in thisstate shall apply to the board and submit evidence that its nursing program isable to meet the standards established by the board. If upon investigation theboard finds that the program meets the established standards for nursingeducation programs, it may grant approval to the applicant program.
Theboard shall periodically provide for reevaluation of approved nursing educationprograms based on actual reports or resurveys and shall publish a list ofapproved programs. The board shall collect actual costs incurred for thesurvey and approval process from the nursing education program, not to exceedfive thousand dollars ($5,000.00).
33-21-141. Nursing education programs; denial or withdrawal ofapproval.
Theboard may deny or withdraw approval or take action as deemed necessaryregarding nursing education programs that fail to meet the standardsestablished by the board, provided that all actions shall be effected inaccordance with the Wyoming Administrative Procedure Act.
33-21-142. Nursing education programs; reinstatement of approval.
Theboard may reinstate approval of a nursing education program upon submission ofsatisfactory evidence that its program meets the standards established by theboard.
Theboard may grant conditional approval of an established program pending removalor correction of deficiencies, as identified by the board.
33-21-145. Violations; penalties.
(a) No person shall:
(i) Engage in the practice of nursing as defined in this actwithout a valid, current license or temporary permit, except as otherwisepermitted under this act;
(ii) Practice nursing under cover of any diploma, license orrecord illegally or fraudulently obtained or signed or issued unlawfully orunder fraudulent representation;
(iii) Use any words, abbreviations, figures, letters, titles,signs, cards or devices tending to imply that the person is a registered nurse,licensed practical nurse or advanced practice registered nurse unless theperson is duly licensed as a registered nurse, licensed practical nurse, orrecognized as an advanced practice registered nurse under this act;
(iv) Knowingly employ unlicensed persons in the practice ofnursing;
(v) Knowingly conceal information relating to violations ofthis act;
(vi) Conduct a nursing education program for the preparation ofregistered nurses or licensed practical nurses unless the program has beenapproved by the board;
(vii) Otherwise violate or aid or abet another person to violateany provision of this act; or
(viii) Practice nursing during the time a license is suspended,revoked, surrendered, inactive or lapsed.
(b) Violation of any of the provisions of this act constitutesa misdemeanor and upon conviction, the person is subject to a fine of not morethan one thousand dollars ($1,000.00), imprisonment for not more than one (1)year, or both.
33-21-146. Disciplining licensees; grounds.
(a) The board of nursing may refuse to issue or renew, or maysuspend or revoke the license, certificate or temporary permit of any person,or to otherwise discipline a licensee, upon proof that the person:
(i) Has engaged in any act inconsistent with uniform andreasonable standards of nursing practice as defined by board rules andregulations;
(ii) Has been found guilty by a court, has entered an Alfordplea or has entered a plea of nolo contendere to a misdemeanor or felony thatrelates adversely to the practice of nursing or to the ability to practicenursing;
(iii) Has practiced fraud or deceit:
(A) In procuring or attempting to procure a license to practicenursing;
(B) In filing or reporting any health care information,including but not limited to client documentation, agency records or otheressential health documents;
(C) In signing any report or record as a registered nurse or asa licensed practical nurse;
(D) In representing authority to practice nursing; or
(E) In submitting any information or record to the board.
(iv) Is unfit or incompetent to practice nursing by reason ofnegligence, habits or other causes including but not limited to:
(A) Being unable to practice nursing with reasonable skill andsafety to patients by reason of physical or mental disability, or use of drugs,narcotics, chemicals or any other mind-altering material; or
(B) Performance of unsafe nursing practice or failure toconform to the essential standards of acceptable and prevailing nursingpractice, in which case actual injury need not be established.
(v) Has engaged in any unauthorized possession or unauthorizeduse of a controlled substance as defined in the Wyoming Controlled SubstancesAct;
(vi) Has had a license to practice nursing or to practice inanother health care discipline in another jurisdiction, territory or possessionof the United States denied, revoked, suspended or otherwise restricted;
(vii) Has practiced nursing within this state without a validcurrent license or temporary permit or as otherwise permitted under this act;
(viii) Has knowingly and willfully failed to report to the boardany violation of this act or of board rules and regulations;
(ix) Has been found by the board to have violated any of theprovisions of this act or of board rules and regulations;
(x) Has knowingly engaged in an act which the licensee knew wasbeyond the scope of the individual's nursing practice prior to committing theact, or performed acts without sufficient education, knowledge, or ability toapply nursing principles and skills; or
(xi) Has failed to submit to a mental, physical or medicalcompetency examination following a proper request by the board made pursuant toboard rules and regulations and the Wyoming Administrative Procedure Act.
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-21-147. Disciplining licensees; procedure.
Aproceeding for discipline of a licensee or a temporary permit holder, or actionagainst an applicant for a license or temporary permit, may be commenced whenthe board has reasonable grounds to believe that a person under the board'sjurisdiction has committed acts in violation of W.S. 33-21-146. No license topractice nursing may be revoked or denied by the board without affording thelicensee or applicant due process of law. However, the board may summarilysuspend a license and institute proceedings concomitantly if the board findsthat the licensee presents a clear and immediate danger to the public health,safety and welfare if allowed to continue to practice. For purposes of asuspension or other restriction imposed pursuant to W.S. 33-21-146(b), theboard may presume that the court imposing the suspension or restrictionafforded the licensee or applicant due process of law.
33-21-148. Disciplining licensees; reinstatement.
Anyperson whose license has been denied, suspended or revoked, pursuant to thisact, may apply to the board for reinstatement of the license or issuance of alicense after fulfilling those requirements determined by the board. Theapplication shall be made in writing and in the form prescribed by the board.The board may grant or deny the application or it may modify its originalfindings to reflect any circumstances that have changed sufficiently to warrantmodifications.
Asa result of disciplinary action, the board may in addition to other powers andduties, issue, renew or reinstate licenses subject to reasonable conditionswhich the board may impose.
33-21-150. Immunity of board members and persons reporting informationto board.
(a) Any member or agent of the board, or any person under oath,is not subject to a civil action for damages as a result of reportinginformation in good faith, without fraud or malice, relating to allegedviolations of this act or board rules and regulations including, but notlimited to:
(i) Negligence, malpractice or the qualification, fitness orcharacter of a person licensed, or applying for a license, to practice nursing;or
(ii) Violations of the standards of nursing education programsas defined by board rule and regulations.
(b) The immunity provided by this section shall extend to themembers of any professional review committee and witnesses appearing before thecommittee which is authorized by the board to act pursuant to this section.
33-21-151. Injunctive relief; grounds.
(a) The board may petition in its own name for an injunction toa proper court of competent jurisdiction to enjoin:
(i) Any person from practicing nursing, within the meaning ofthis act, without a valid license or temporary permit, unless so exempted underW.S. 33-21-154;
(ii) Any licensee from practicing who allegedly is in violationof this act; or
(iii) Any person, firm, corporation, institution or associationfrom employing any individual to practice nursing who is not licensed underthis act or exempted under W.S. 33-21-154.
33-21-152. Injunctive relief; procedure.
(a) Upon the filing of a verified petition the court may issuean injunction for violation of W.S. 33-21-151. In case of violation of aninjunction issued under this section, the court may find the offender guilty ofcontempt of court.
(b) The injunction proceedings shall be in addition to, not inlieu of, all penalties and other remedies provided in this act.
33-21-153. Names of terminated licensees to board; enforcement by courtorder; civil contempt for noncompliance; immunity.
(a) Hospitals, nursing homes and other employers of registerednurses, licensed practical nurses, and advanced practice registered nursesshall report to the board the names of those licensees whose employment hasbeen terminated voluntarily or involuntarily for any reasons stipulated in W.S.33-21-146.
(b) The board may seek an order from a proper court ofcompetent jurisdiction for a report from any of the parties stipulated insubsection (a) of this section if one is not forthcoming voluntarily.
(c) The board may seek a citation for civil contempt if a courtorder for a report is not obeyed by any of the parties stipulated in subsection(a) of this section.
(d) Any institution or person reporting in good faith andwithout fraud or malice, information to the board under this section, is immunefrom civil action as provided in W.S. 33-21-150.
33-21-154. Exemptions.
(a) No provisions in this act prohibit:
(i) The practice of professional and practical nursing that isan integral part of a program by students enrolled in board approved nursingeducation programs leading to initial licensure;
(ii) The rendering of assistance by anyone in the case of anemergency;
(iii) The incidental health care by members of the family andfriends;
(iv) The rendering of nursing services on a fee-for-servicebasis, or the reimbursement for nursing services directly to a registerednurse, licensed practical nurse or advanced practice registered nurse by anygovernmental program, commercial insurance company, hospital or medicalservices plan, or any other third-party payor;
(v) The establishment of an independent nursing practice by one(1) or more licensed nurses for the purpose of rendering nursing serviceswithin the scope of the license to practice nursing;
(vi) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who isemployed by the United States government, or any bureau, division or agencythereof while in the discharge of official duties;
(vii) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who isemployed by an individual, agency or corporation located in another state andwhose employment responsibilities include transporting patients into, out of,or through this state. The exemptions shall be limited to a period not toexceed forty-eight (48) hours for each transport;
(viii) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who ispresenting educational programs or consultative services within this state fora period not to exceed a total of fourteen (14) days per year;
(ix) The practice of any nurse, currently licensed in anotherjurisdiction, in the provision of nursing care in the case of an emergency ordisaster as declared by the governor.
(b) Nothing in this act shall be construed as:
(i) Restricting the practice, services or activities of anyperson licensed under this title while practicing within the scope of practiceprovided in the person's licensure act under this title; or
(ii) Prohibiting or regulating the delegation of functionswithin the scope of practice by any person other than a nurse licensed pursuantto this title provided that the delegation does not violate the act under whichthe person is licensed and provided that the board of nursing may disciplineanyone licensed pursuant to this act for accepting any delegation that isbeyond the person's scope of practice as defined by this act and that presentsa danger of harm to a patient.
33-21-155. Board to establish fees; disposition of fees; appropriationsto board.
(a) The board may establish appropriate fees as stated in boardrules and regulations not to exceed the maximum stated in W.S.33-21-122(c)(xxi).
(b) All fees collected by the board under this act shall bedeposited to the state treasurer's office and shall be placed in a separateaccount. There shall be appropriated to the board of nursing from the account,sums as may be necessary to carry out the provisions of this act.Appropriations shall be based upon submission of a budgetary request asprovided by W.S. 9-2-1011 and 9-2-1012.
33-21-156. Persons licensed under previous law.
(a) Any individual holding a license to practice nursing as aregistered nurse in this state that is valid on July 1, 2005, shall be deemedto be licensed as a registered nurse under this act.
(b) Any individual holding a license to practice nursing as alicensed practical nurse in this state that is valid on July 1, 2005, shall bedeemed to be licensed as a licensed practical nurse under this act.
(c) Any individual eligible for reactivation of a license topractice nursing as a registered nurse or as a licensed practical nurse in thisstate on July 1, 2005, shall be deemed to be eligible to be licensed as aregistered nurse or as a licensed practical nurse.
(d) Any individual as of July 1, 2005, who has allowed alicense to practice nursing as a registered nurse or licensed practical nursein this state to lapse because of failure to renew, may become licensed as aregistered nurse or as a licensed practical nurse by applying for relicensurepursuant to relicensure requirements established in this act and in board rulesand regulations.
(e) Those licensed under the provisions of subsections (a)through (d) of this section are eligible for renewal of the license pursuant torenewal requirements established in this act and in board rules andregulations.
(f) Any individual holding recognition to practice as anadvanced practice registered nurse in this state that is valid on July 1, 2005shall be deemed to be an advanced practice registered nurse under this act.
33-21-157. Nurses volunteer license.
(a) As used in this section, "low income uninsuredperson" and "nonprofit health care facility" have the samemeanings as in W.S. 33-15-131(a).
(b) For purposes of this section, a person shall be consideredretired from the practice of practical, professional or advanced practiceregistered nursing if the person's license has expired.
(c) The state board of nursing may issue, with or without examination,a volunteer's license to a person who is retired from practice so that theperson may provide nursing services to low income uninsured persons atnonprofit health care facilities. The board shall deny issuance of avolunteer's license to a person who is not qualified under this section to holda volunteer's license.
(d) An application for a volunteer's license shall include allof the following:
(i) A copy of the applicant's nursing degree;
(ii) A copy of the applicant's most recent license authorizingthe practice of nursing issued by a jurisdiction in the United States thatlicenses persons to practice nursing;
(iii) Evidence of one (1) of the following, as applicable:
(A) The applicant has maintained for at least ten (10) yearsimmediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice nursing; or
(B) The applicant has practiced for at least ten (10) yearsimmediately prior to retirement in good standing as a nurse in one (1) or moreof the branches of the United States armed services; and
(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any nursing servicesrendered while in possession of a volunteer's license;
(B) Will devote his nursing practice exclusively and totally toproviding nursing services to low income uninsured persons at a nonprofithealth care facility in this state; and
(C) Will provide any other documentation that the boardreasonably may require.
(e) The holder of a volunteer's license may provide nursingservices only on the premises of a nonprofit health care facility in this stateand only to low income uninsured persons. The holder shall not accept any formof remuneration for providing nursing services while in possession of thelicense. The board may revoke a volunteer's license on receiving proofsatisfactory to the board that the holder has engaged in practice in this stateoutside the scope of the license.
(f) A volunteer's license shall be valid for a period of one(1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 21 of the Wyoming statutes. A volunteer's licensemay be renewed upon the application of the holder. The board shall maintain aregister of all persons who hold volunteer's licenses. The board shall notcharge a fee for issuing or renewing a license pursuant to this section.
(g) To be eligible for renewal of a volunteer's license, theholder of the license shall certify to the board completion of any continuingeducation required under this act as if the holder of the license were inactive practice. The board shall not renew a license if the holder has notcomplied with the continuing education requirements. The nonprofit health carefacility in which the holder provides nursing services may pay for or reimbursethe holder for any costs incurred in obtaining the required continuingeducation.
(h) The board shall issue to each person who qualifies underthis section a volunteer's license that states the license holder is authorizedto provide nursing services pursuant to the laws of this state.
(j) Except as provided in this section, any person holding a volunteer'slicense issued by the board under this section shall be subject to therequirements of this act and the jurisdiction of the board as if he werelicensed to practice nursing under this act.
(k) The board shall adopt rules to administer and enforce thissection.
Thisact shall be known and may be cited as the "Wyoming Nurse PracticeAct".
33-21-120. Definitions.
(a) As used in this act:
(i) "Advanced practice registered nurse (APRN)" meansa nurse who:
(A) May prescribe, administer, dispense or providenonprescriptive and prescriptive medications including prepackaged medications,except schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;
(B) Has responsibility for the direct care and management ofpatients and clients in relation to their human needs, disease states andtherapeutic and technological interventions;
(C) Has a master's degree in nursing, or an advanced practiceregistered nurse specialty or has completed an accredited advanced practiceregistered nurse educational program prior to January 1, 1999; and
(D) Has completed an advanced program of study in a specialtyarea in an accredited nursing program, has taken and passed a nationalcertification examination in the same area and has been granted recognition bythe board to practice as an APRN.
(ii) "Alford plea" means a plea agreement where thedefendant has pled guilty yet not admitted to all the facts that comprise thecrime;
(iii) "Approval" is the process by which the boardprovides for evaluation and grants official recognition to nursing educationalprograms which meet established uniform and reasonable standards;
(iv) "Board" means the Wyoming state board of nursing;
(v) "Certificate" means a document issued by theboard permitting the performance by a nursing assistant/nurse aide of basicrelated nursing tasks and skills delegated by a licensed nurse and as allowedby statute and board rule;
(vi) "Competence" means the application of knowledgeand the interpersonal, critical thinking, decision-making and psychomotorskills expected for the practice role within the context of public health,safety and welfare;
(vii) "Impaired" means the inability to practicenursing with reasonable skill and safety to patients by reason of one (1) ormore of the following:
(A) Lack of nursing competence;
(B) Mental illness;
(C) Physical illness including, but not limited to,deterioration through the aging process or loss of motor skill; or
(D) Chemical or alcohol impairment.
(viii) "License" means a current document permitting thepractice of nursing as a registered nurse or licensed practical nurse;
(ix) "Nursing process" means the investigativeapproach to nursing practice utilizing a method of problem identification bymeans of:
(A) Assessment: A systematic and continuous collection ofobjective and subjective data about the health status of individuals and groupsderived from observations, health assessment including physical assessment,interviews, written records and reports;
(B) Nursing Diagnosis: The identification of actual orpotential responses to health needs or problems based on collecting, analyzingand comparing data with appropriate nursing standards to serve as the basis forproviding nursing care or for which referral to appropriate medical orcommunity resources is required;
(C) Planning: Development of a plan of care which includesmeasurable goals derived from the nursing diagnosis and identified prioritiesto maintain comfort, support of human functions and responses, and anenvironment conducive to wellness;
(D) Intervention: Actions in nursing practice which implementthe plan of care to maximize health capabilities of individuals and groups;
(E) Evaluation: The continuous appraisal of the effectivenessof goal attainment in the plan of care by means of reassessing health status,and if necessary, modifying nursing diagnosis, plan of care and interventions.
(x) "Practice of practical nursing" means theperformance of technical services and nursing procedures which require basicknowledge of the biological, physical, behavioral, psychological and sociologicalsciences. These skills and services are performed under the direction of alicensed physician or dentist, advanced practice registered nurse or registeredprofessional nurse. Standardized procedures that lead to predictable outcomesare utilized in the observation and care of the ill, injured and infirm, inprovision of care for the maintenance of health, in action directed towardsafeguarding life and health, in administration of medications and treatmentsprescribed by any person authorized by state law to prescribe and in delegationto appropriate assistive personnel as provided by state law and board rules andregulations;
(xi) "Practice of professional nursing" means theperformance of professional services requiring substantial knowledge of thebiological, physical, behavioral, psychological and sociological sciences, andof nursing theory as the basis for applying the nursing process which consistsof assessment, diagnosis, planning, intervention and evaluation. The nursingprocess is utilized in the promotion and maintenance of health, case findingand management of illness, injury or infirmity, restoration of optimum functionand achievement of a dignified death. Nursing practice includes but is notlimited to administration, teaching, counseling, supervision, delegation,evaluation of nursing practice and execution of the medical regimen. Thetherapeutic plan includes the administration of medications and treatmentsprescribed by any person authorized by state law to prescribe. Each registeredprofessional nurse is accountable and responsible for the quality of nursingcare rendered;
(xii) "Practice of a certified nursing assistant/nurseaide" means, regardless of title or care setting, the performance ofnursing related tasks and services delegated by a licensed nurse. The nursingassistant/nurse aide shall complete a specified course of study approved by theboard, meet minimum competency requirements and be certified by the board;
(xiii) "This act" means W.S. 33-21-119 through 33-21-157.
33-21-121. Board of nursing; membership; appointment; qualifications;term of office; vacancies; removal.
(a) The board of nursing shall consist of seven (7) members tobe appointed by the governor. Five (5) members shall be registered nurses, one(1) member shall be a licensed practical nurse and one (1) member shall be arepresentative of the public. Membership shall be restricted to no more thanone (1) person who is associated with a particular agency, educationalinstitution, corporation or other enterprise or subsidiary at one time.Membership shall represent various geographical areas of Wyoming.
(b) Each registered nurse member of the board shall be aresident of this state, licensed in good standing under the provisions of thisact, currently engaged in the practice of nursing as a registered nurse andshall have had no less than five (5) years of experience as a registered nurse,at least three (3) of which immediately preceded appointment. Of the five (5)registered nurse members on the board, one (1) member shall have had at leasttwo (2) years of experience in an administrative or teaching position in anursing education program, one (1) member shall have had at least two (2) yearsof experience in administration in nursing service or public health nursing,one (1) member shall have at least two (2) years experience as an advancedpractice registered nurse, and the remaining two (2) members shall be appointedfrom various areas of nursing.
(c) The practical nurse member shall be a resident of thisstate, licensed in good standing under the provisions of this act, currentlyengaged in the practice of nursing as a licensed practical nurse, and shallhave had no less than five (5) years of experience as a licensed practicalnurse, at least three (3) of which immediately preceded appointment.
(d) The representative of the public shall be a resident ofthis state who has attained the age of majority, is interested in consumerhealth concerns and shall not be nor ever have been licensed or employed as aprovider of health care services or be enrolled or employed in any healthrelated educational program.
(e) Members of the board shall be appointed for a term of three(3) years.
(f) The present members of the board holding office under theprovisions of the Wyoming Nurse Practice Act as of July 1, 2005 shall serve asmembers for their respective terms.
(g) No member shall serve more than two (2) consecutive fullterms. The completion of an unexpired portion of a full term shall not constitutea full term for purposes of this subsection. Any board member initiallyappointed for less than a full term is eligible to serve for two (2) additionalconsecutive full terms.
(h) An appointee to a full term on the board shall be appointedby the governor prior to the expiration of a term of the member being succeededand shall become a member of the board on the first day following theexpiration date of the preceding term. Appointees to unexpired portions of fullterms shall become members of the board on the day following the appointment.Each term of office shall expire at 12:00 midnight on the last day of Februaryfor the term of the appointment.
(j) A vacancy that occurs for any reason in the membership ofthe board shall be filled by the governor in the manner prescribed in theprovisions of this act regarding appointments. A person appointed to fill avacancy shall serve for the unexpired portion of the term.
(k) The governor may remove any member from the board asprovided in W.S. 9-1-202.
33-21-122. Board of nursing; powers and duties.
(a) The responsibility for enforcement of the provisions ofthis act is vested in the board of nursing. The board shall have all of theduties, powers and authority specifically granted by and necessary to theenforcement of this act.
(b) The board of nursing may make, adopt, amend, repeal andenforce reasonable rules and regulations necessary for the properadministration and enforcement of this act.
(c) Without limiting the foregoing, the board of nursing may dothe following:
(i) Develop by rules and regulations uniform and reasonablestandards for nursing practice;
(ii) Appoint advisory committees to provide expertise inspecific areas of education or practice under consideration by the board;
(iii) Publish advisory opinions relative to whether the nursingprocedures, policies and other practices of any agency, facility, institutionor other organization that employs individuals licensed under this act complieswith the standards of nursing practice as defined in this act and board rulesand regulations. The board may submit comments, register complaints or filecharges with the appropriate advisory, certifying or regulatory body governingthe agency, facility, institution or organization that authorizes and condonesviolations of this act or board rules and regulations;
(iv) Report alleged violations of this act to the districtattorney of the county where the violation occurred;
(v) Examine, license, renew, relicense and reactivate thelicenses of duly qualified individuals, may grant individuals a temporarypermit to engage in the practice of professional and practical nursing in thisstate within the limits imposed in this act and may develop, by board rules andregulations, standards for continued competency of licensees continuing in orreturning to practice;
(vi) Deny any applicant a license or temporary permit topractice professional or practical nursing, whether by examination, licensure,endorsement, renewal, relicensure or reactivation, if the applicant fails tomeet the requirements of this act or board rules and regulations;
(vii) Conduct surveys and collect data related to licensure andeducational enrollments and report to the public;
(viii) Conduct investigations, hearings and proceedings concerningalleged violations of this act and board rules and regulations and shallrequest criminal history background information on license or certificateapplicants as authorized under W.S. 7-19-106(a)(viii);
(ix) Notwithstanding any other provision of law, the board mayissue administrative subpoenas for the testimony of any license, certificate ortemporary permit holder or other witness and may issue administrative subpoenasfor the production of evidence relating to any matter under investigation. Theboard may compel attendance of witnesses and administer oaths to thosetestifying at hearings;
(x) Determine and administer appropriate disciplinary actionagainst all individuals found guilty of violating this act and board rules andregulations. The board retains jurisdiction over the person issued a license,certificate or temporary permit pursuant to this act, regardless of whether thelicense, certificate or permit expired, lapsed or was relinquished during orafter the alleged occurrence of conduct proscribed by this act;
(xi) Develop and enforce uniform and reasonable standards fornursing education programs as stated in board rules and regulations;
(xii) Approve nursing education programs that meet the prescribedstandards of the board;
(xiii) Deny or withdraw approval of nursing education programsthat fail to meet the prescribed standards of the board;
(xiv) Regulate by board rules and regulations the qualificationsof advanced practice registered nurses;
(xv) Maintain records of proceedings as required by state law;
(xvi) Conduct conferences, forums, studies and research onnursing practice and education;
(xvii) Maintain nursing statistics for purposes of nursingmanpower planning and nursing education;
(xviii) Appoint and employ a registered nurse qualified by nursingexperience and a minimum of a master's degree in nursing to serve as executivedirector, approve additional staff positions as may be necessary in the opinionof the board to administer and enforce the provisions of this act and determinequalifications for such positions;
(xix) Participate in and pay membership fees to organizationsthat develop and regulate the national nursing licensure examinations andexclusively promote the improvement of the uniform and reasonable standards forthe practice of nursing for protection of the public health, safety andwelfare;
(xx) Submit an annual report to the governor, summarizing theboard's proceedings and activities;
(xxi) Determine and collect reasonable fees not to exceed fivehundred dollars ($500.00) as established by board rules and regulations;
(xxii) Receive and expend funds for the pursuit of the authorizedobjectives of the board of nursing. Funds shall be maintained in a separateaccount and periodic reports of the receipt and expenditure of funds shall besubmitted to the governor;
(xxiii) Adopt a seal which shall be in the care of the executivedirector and which shall be affixed only in a manner as prescribed by theboard; and
(xxiv) By board rule and regulation, regulate the qualifications,certification, recertification, examination and discipline of nursingassistants and nurse aides. For purposes of carrying out this paragraph,fingerprints and other information necessary for a criminal history recordbackground check pursuant to W.S. 7-19-201 shall be provided to the board.
(d) Notwithstanding any other provision of this act, the boardshall not, by rule or otherwise, limit the right of licensed nurses to practicewith other health professionals or in an association, partnership, corporationor other lawful entity, nor limit the right of licensed nurses to practiceunder the name "nursing clinic", "nursing center" or otherdescriptive terms, provided the term is not misleading regarding the nature ofservices provided.
(e) This act does not require the board of nursing to act uponviolations of the provisions of the act whenever, in the board's opinion, thepublic interest will be served adequately by a suitable written notice ofwarning to affected parties.
33-21-123. Executive director; appointment; assistant; powers andduties; salary and expenses.
(a) An executive director shall be appointed by the board andis responsible for the performance of administrative responsibilities of theboard and other duties as the board directs.
(b) The executive director and assistant to the executivedirector shall be registered nurses, licensed in the state of Wyoming andqualified by nursing experience and a minimum of a master's degree in nursing.
(c) The executive director and assistant to the executivedirector may act on the board's behalf during the period between board meetingsin matters of licensure, examination, disciplinary and other administrativefunctions.
(d) The executive director and the assistant to the executivedirector of the board of nursing shall receive an annual salary which shall bedetermined by the board in conjunction with the personnel department and whichshall be competitive with salaries for positions requiring similar educationand experience and shall receive reimbursement for per diem and travel expensesincurred in connection with the performance of official duties as provided forin state statutes.
33-21-124. Board; officers; duties; terms.
(a) The board of nursing shall elect from its registered nursemembers a president and vice president. The president shall preside at boardmeetings and shall be responsible for the performance of all duties andfunctions of the board required or permitted by this act. In the absence of thepresident, the vice president shall assume these duties.
(b) Additional offices shall be established and filled by theboard at its discretion.
(c) Officers elected by the board shall serve a term of one (1)year commencing with the day of their election and ending upon election oftheir successors and shall serve no more than three (3) consecutive full termsin each office to which they are elected.
(a) The board of nursing shall meet at least once every six (6)months to transact its business. One (1) meeting shall be designated as theannual meeting for the purpose of electing officers and board reorganizationand planning. The board shall meet at additional times as it may determine.Additional meetings may be called by the president of the board or bytwo-thirds (2/3) of the members of the board. Board meetings and hearings shallbe open to the public. In accordance with the law, the board may conduct partof the meeting in executive session, closed to the public.
(b) Notice of all board meetings shall be given in the mannerpursuant to board rules and regulations.
(c) A majority of the board members including the president orvice president constitutes a quorum for the conduct of a board meeting. The actof the majority of members present at a meeting, which includes a quorum, shallbe the act of the board of nursing.
(d) The board members shall vote when present. When a conflictof interest exists, the board members shall abstain from voting.
33-21-126. Board; compensation.
Eachmember of the board shall receive as salary the sum paid each day tolegislators and shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diemand travel expenses incurred in the performance of their duties.
33-21-127. Qualifications for licensure; application requirements.
(a) An applicant for licensure by examination to practice as aregistered nurse or licensed practical nurse shall:
(i) Submit a written application verified by oath as prescribedby the board;
(ii) Be a graduate of a state board approved nursing educationprogram recognized by the board which prepares for the level of licensure beingsought;
(iii) Pass a board approved national nursing licensureexamination;
(iv) Have committed no acts which are grounds for disciplinaryaction as set forth in W.S. 33-21-146, or if the act has been committed, theboard may, at its discretion and after investigation, determine that sufficientrestitution has been made; and
(v) Remit fees as specified by the board.
(b) An applicant for licensure by endorsement to practice as aregistered nurse or licensed practical nurse shall:
(i) Submit a written application verified by oath as prescribedby the board;
(ii) Be a graduate of a state board approved nursing educationprogram recognized by the board which prepares for the level of licensure beingsought;
(iii) Have committed no acts which are grounds for disciplinaryaction as set forth in W.S. 33-21-146, or if the act has been committed, theboard may, at its discretion and after investigation, determine that sufficientrestitution has been made;
(iv) Remit fees as specified by the board; and either:
(A) Submit proof of initial licensure by an examinationacceptable to the board, provided that when the applicant secured his or herinitial license, the requirements for licensure included the requirements thennecessary for licensure in this state and have submitted proof that the licensehas not been suspended, revoked or otherwise restricted for any reason; or
(B) Be required to pass an examination or meet otherrequirements as specified by the board, if the applicant has not passed anexamination acceptable to the board.
(c) Each applicant who successfully meets the requirements ofthis section is entitled to licensure as a registered nurse or licensedpractical nurse, whichever is applicable.
(d) In addition to subsections (a) and (b) of this section, anapplicant for licensure under this act shall provide the board fingerprints andother information necessary for a criminal history record background check asprovided under W.S. 7-19-201.
33-21-128. Examinations for licensure; reexamination.
(a) Repealed by Laws 2005, ch. 224, 2.
(b) The board may employ, contract and cooperate with anyorganization in the preparation, administration and grading of an appropriatenational nursing licensure examination.
(c) The board shall by rules and regulations limit the numberof reexaminations which may be taken by the applicant after the initial failureof a board approved national nursing licensure examination.
33-21-129. Renewal of licenses.
(a) Licenses issued under this act shall be renewed bienniallyaccording to a schedule established by board rules and regulations.
(b) A renewal license shall be issued to a registered nurse orlicensed practical nurse who demonstrates satisfactory completion ofrequirements established by the board and who remits the required feesestablished in the board rules and regulations.
(c) Any license issued by the board shall expire if thelicensee fails to renew the license as established in board rules andregulations, including the remittance of all fees.
(d) Failure to renew the license by the expiration date shallresult in forfeiture of the right to practice nursing in this state.
33-21-130. Relicensure.
Licenseeswho have allowed their license to lapse by failure to renew as herein provided,may apply for relicensure according to board rules and regulations. Uponsatisfaction of the requirements for relicensure, the board shall issue arenewal of license to practice nursing.
33-21-131. Inactive status; reactivation.
Licenseeswho hold an active license to practice in this state, and who wish todiscontinue the practice of professional or practical nursing in this state,may request in writing that the board place their license on inactive status. Alicensee on inactive status shall not be considered lapsed or expired. Abiennial renewal fee shall be required to retain the inactive status. Licensees on inactive status may apply for reactivation pursuant to board rulesand regulations.
33-21-132. Temporary permit.
(a) The board may issue a temporary permit to practice nursingto a registered nurse or licensed practical nurse who is awaiting licensure byendorsement and who is currently licensed in good standing in anotherjurisdiction, territory or possession of the United States. The period for atemporary permit shall not exceed ninety (90) days, provided the applicantsubmits a written application for licensure by endorsement in a form andsubstance satisfactory to the board.
(b) The board may issue a temporary permit to practice nursingto a registered nurse or licensed practical nurse who is not seeking licensureby endorsement and who is currently licensed in good standing in anotherjurisdiction, territory or possession of the United States. The period for atemporary permit shall not exceed ninety (90) days, provided the applicantsubmits a written application for licensure by endorsement in a form andsubstance satisfactory to the board. A temporary permit for such a requestshall be issued only one (1) time.
(c) The board may issue a temporary permit to practice nursingto a graduate of an approved nursing education program, pending the results ofthe first board approved national nursing licensure examination offered aftergraduation. A temporary permit shall not be issued to any applicant who haspreviously failed a board approved national nursing licensure examination. Thetemporary permit shall be surrendered in event of failure of the licensureexamination. A new graduate holding a temporary permit shall practice onlyunder the direction and supervision of a registered professional nurse.
(d) The board may issue a temporary permit to graduates offoreign schools of nursing who have met the requirements for licensure byexamination or endorsement pursuant to board rules and regulations. Applicantsshowing evidence of certification from a board approved national certifyingorganization for graduates of foreign nursing schools shall take the firstboard approved national nursing licensure examination offered for which theyare eligible.
(e) A temporary permit is nonrenewable.
33-21-133. Licensees to provide statistical information to board.
Eachlicensee shall provide reasonable information for statistics requested by theboard to perform its duties in nursing manpower planning.
33-21-134. Registered professional nurse; use of R.N.; advancedpractice registered nurse; use of A.P.R.N.
(a) Any person who holds a license to practice as a registeredprofessional nurse in this state shall have the right to use the title"Registered Nurse" and the abbreviation "R.N." No otherperson shall assume this title or use this abbreviation or any words, letters,signs or devices to indicate that the person using same is a registeredprofessional nurse.
(b) Any person who holds a license to practice as an advancedpractice registered nurse in this state shall have the right to use the title"Advanced Practice Registered Nurse" and the abbreviation"A.P.R.N." No other person shall assume this title or use this abbreviationor any words, letters, signs or devices to indicate that the person using sameis an advance practice registered nurse.
33-21-135. Licensed practical nurse; use of L.P.N.
Anyperson who holds a license to practice as a licensed practical nurse in thisstate shall have the right to use the title "Licensed PracticalNurse" and the abbreviation "L.P.N." No other person shallassume this title or use this abbreviation or any words, letters, signs ordevices to indicate that the person using same is a licensed practical nurse.
33-21-136. New graduate professional nurse; use of G.N.; new graduateadvanced practice registered nurse; use of G.A.P.R.N.
(a) Any person who holds a temporary permit as a new graduateprofessional nurse in this state shall use the title "Graduate Nurse"and the abbreviation "G.N." No other person shall assume this titleor use this abbreviation or any words, letters, signs or devices to indicatethat the person using same is a new graduate professional nurse.
(b) Any person who holds a temporary permit as a new graduateadvanced practice registered nurse in this state shall use the title"Graduate Advanced Practice Registered Nurse" and the abbreviation"G.A.P.R.N." No other person shall assume this title or use thisabbreviation or any words, letters, signs or devices to indicate that theperson using same is a new graduate advanced practice registered nurse.
33-21-137. New graduate practical nurse; use of G.P.N.
Anyperson who holds a temporary permit as a new graduate practical nurse in thisstate shall use the title "Graduate Practical Nurse" and theabbreviation "G.P.N." No other person shall assume this title or usethis abbreviation or any words, letters, signs or devices to indicate that theperson using same is a new graduate practical nurse.
33-21-138. Nursing education programs; approval by board.
Theboard shall by rules and regulations that establish standards for nursingeducation programs define the process for board approval of nursing educationprograms and collect actual costs incurred for the approval process for nursingeducation programs, not to exceed five thousand dollars ($5,000.00).
33-21-139. Nursing education programs; approval by board; procedure.
Aninstitution or program desiring to initiate a nursing education program in thisstate shall apply to the board and submit evidence that its nursing program isable to meet the standards established by the board. If upon investigation theboard finds that the program meets the established standards for nursingeducation programs, it may grant approval to the applicant program.
Theboard shall periodically provide for reevaluation of approved nursing educationprograms based on actual reports or resurveys and shall publish a list ofapproved programs. The board shall collect actual costs incurred for thesurvey and approval process from the nursing education program, not to exceedfive thousand dollars ($5,000.00).
33-21-141. Nursing education programs; denial or withdrawal ofapproval.
Theboard may deny or withdraw approval or take action as deemed necessaryregarding nursing education programs that fail to meet the standardsestablished by the board, provided that all actions shall be effected inaccordance with the Wyoming Administrative Procedure Act.
33-21-142. Nursing education programs; reinstatement of approval.
Theboard may reinstate approval of a nursing education program upon submission ofsatisfactory evidence that its program meets the standards established by theboard.
Theboard may grant conditional approval of an established program pending removalor correction of deficiencies, as identified by the board.
33-21-145. Violations; penalties.
(a) No person shall:
(i) Engage in the practice of nursing as defined in this actwithout a valid, current license or temporary permit, except as otherwisepermitted under this act;
(ii) Practice nursing under cover of any diploma, license orrecord illegally or fraudulently obtained or signed or issued unlawfully orunder fraudulent representation;
(iii) Use any words, abbreviations, figures, letters, titles,signs, cards or devices tending to imply that the person is a registered nurse,licensed practical nurse or advanced practice registered nurse unless theperson is duly licensed as a registered nurse, licensed practical nurse, orrecognized as an advanced practice registered nurse under this act;
(iv) Knowingly employ unlicensed persons in the practice ofnursing;
(v) Knowingly conceal information relating to violations ofthis act;
(vi) Conduct a nursing education program for the preparation ofregistered nurses or licensed practical nurses unless the program has beenapproved by the board;
(vii) Otherwise violate or aid or abet another person to violateany provision of this act; or
(viii) Practice nursing during the time a license is suspended,revoked, surrendered, inactive or lapsed.
(b) Violation of any of the provisions of this act constitutesa misdemeanor and upon conviction, the person is subject to a fine of not morethan one thousand dollars ($1,000.00), imprisonment for not more than one (1)year, or both.
33-21-146. Disciplining licensees; grounds.
(a) The board of nursing may refuse to issue or renew, or maysuspend or revoke the license, certificate or temporary permit of any person,or to otherwise discipline a licensee, upon proof that the person:
(i) Has engaged in any act inconsistent with uniform andreasonable standards of nursing practice as defined by board rules andregulations;
(ii) Has been found guilty by a court, has entered an Alfordplea or has entered a plea of nolo contendere to a misdemeanor or felony thatrelates adversely to the practice of nursing or to the ability to practicenursing;
(iii) Has practiced fraud or deceit:
(A) In procuring or attempting to procure a license to practicenursing;
(B) In filing or reporting any health care information,including but not limited to client documentation, agency records or otheressential health documents;
(C) In signing any report or record as a registered nurse or asa licensed practical nurse;
(D) In representing authority to practice nursing; or
(E) In submitting any information or record to the board.
(iv) Is unfit or incompetent to practice nursing by reason ofnegligence, habits or other causes including but not limited to:
(A) Being unable to practice nursing with reasonable skill andsafety to patients by reason of physical or mental disability, or use of drugs,narcotics, chemicals or any other mind-altering material; or
(B) Performance of unsafe nursing practice or failure toconform to the essential standards of acceptable and prevailing nursingpractice, in which case actual injury need not be established.
(v) Has engaged in any unauthorized possession or unauthorizeduse of a controlled substance as defined in the Wyoming Controlled SubstancesAct;
(vi) Has had a license to practice nursing or to practice inanother health care discipline in another jurisdiction, territory or possessionof the United States denied, revoked, suspended or otherwise restricted;
(vii) Has practiced nursing within this state without a validcurrent license or temporary permit or as otherwise permitted under this act;
(viii) Has knowingly and willfully failed to report to the boardany violation of this act or of board rules and regulations;
(ix) Has been found by the board to have violated any of theprovisions of this act or of board rules and regulations;
(x) Has knowingly engaged in an act which the licensee knew wasbeyond the scope of the individual's nursing practice prior to committing theact, or performed acts without sufficient education, knowledge, or ability toapply nursing principles and skills; or
(xi) Has failed to submit to a mental, physical or medicalcompetency examination following a proper request by the board made pursuant toboard rules and regulations and the Wyoming Administrative Procedure Act.
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-21-147. Disciplining licensees; procedure.
Aproceeding for discipline of a licensee or a temporary permit holder, or actionagainst an applicant for a license or temporary permit, may be commenced whenthe board has reasonable grounds to believe that a person under the board'sjurisdiction has committed acts in violation of W.S. 33-21-146. No license topractice nursing may be revoked or denied by the board without affording thelicensee or applicant due process of law. However, the board may summarilysuspend a license and institute proceedings concomitantly if the board findsthat the licensee presents a clear and immediate danger to the public health,safety and welfare if allowed to continue to practice. For purposes of asuspension or other restriction imposed pursuant to W.S. 33-21-146(b), theboard may presume that the court imposing the suspension or restrictionafforded the licensee or applicant due process of law.
33-21-148. Disciplining licensees; reinstatement.
Anyperson whose license has been denied, suspended or revoked, pursuant to thisact, may apply to the board for reinstatement of the license or issuance of alicense after fulfilling those requirements determined by the board. Theapplication shall be made in writing and in the form prescribed by the board.The board may grant or deny the application or it may modify its originalfindings to reflect any circumstances that have changed sufficiently to warrantmodifications.
Asa result of disciplinary action, the board may in addition to other powers andduties, issue, renew or reinstate licenses subject to reasonable conditionswhich the board may impose.
33-21-150. Immunity of board members and persons reporting informationto board.
(a) Any member or agent of the board, or any person under oath,is not subject to a civil action for damages as a result of reportinginformation in good faith, without fraud or malice, relating to allegedviolations of this act or board rules and regulations including, but notlimited to:
(i) Negligence, malpractice or the qualification, fitness orcharacter of a person licensed, or applying for a license, to practice nursing;or
(ii) Violations of the standards of nursing education programsas defined by board rule and regulations.
(b) The immunity provided by this section shall extend to themembers of any professional review committee and witnesses appearing before thecommittee which is authorized by the board to act pursuant to this section.
33-21-151. Injunctive relief; grounds.
(a) The board may petition in its own name for an injunction toa proper court of competent jurisdiction to enjoin:
(i) Any person from practicing nursing, within the meaning ofthis act, without a valid license or temporary permit, unless so exempted underW.S. 33-21-154;
(ii) Any licensee from practicing who allegedly is in violationof this act; or
(iii) Any person, firm, corporation, institution or associationfrom employing any individual to practice nursing who is not licensed underthis act or exempted under W.S. 33-21-154.
33-21-152. Injunctive relief; procedure.
(a) Upon the filing of a verified petition the court may issuean injunction for violation of W.S. 33-21-151. In case of violation of aninjunction issued under this section, the court may find the offender guilty ofcontempt of court.
(b) The injunction proceedings shall be in addition to, not inlieu of, all penalties and other remedies provided in this act.
33-21-153. Names of terminated licensees to board; enforcement by courtorder; civil contempt for noncompliance; immunity.
(a) Hospitals, nursing homes and other employers of registerednurses, licensed practical nurses, and advanced practice registered nursesshall report to the board the names of those licensees whose employment hasbeen terminated voluntarily or involuntarily for any reasons stipulated in W.S.33-21-146.
(b) The board may seek an order from a proper court ofcompetent jurisdiction for a report from any of the parties stipulated insubsection (a) of this section if one is not forthcoming voluntarily.
(c) The board may seek a citation for civil contempt if a courtorder for a report is not obeyed by any of the parties stipulated in subsection(a) of this section.
(d) Any institution or person reporting in good faith andwithout fraud or malice, information to the board under this section, is immunefrom civil action as provided in W.S. 33-21-150.
33-21-154. Exemptions.
(a) No provisions in this act prohibit:
(i) The practice of professional and practical nursing that isan integral part of a program by students enrolled in board approved nursingeducation programs leading to initial licensure;
(ii) The rendering of assistance by anyone in the case of anemergency;
(iii) The incidental health care by members of the family andfriends;
(iv) The rendering of nursing services on a fee-for-servicebasis, or the reimbursement for nursing services directly to a registerednurse, licensed practical nurse or advanced practice registered nurse by anygovernmental program, commercial insurance company, hospital or medicalservices plan, or any other third-party payor;
(v) The establishment of an independent nursing practice by one(1) or more licensed nurses for the purpose of rendering nursing serviceswithin the scope of the license to practice nursing;
(vi) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who isemployed by the United States government, or any bureau, division or agencythereof while in the discharge of official duties;
(vii) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who isemployed by an individual, agency or corporation located in another state andwhose employment responsibilities include transporting patients into, out of,or through this state. The exemptions shall be limited to a period not toexceed forty-eight (48) hours for each transport;
(viii) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who ispresenting educational programs or consultative services within this state fora period not to exceed a total of fourteen (14) days per year;
(ix) The practice of any nurse, currently licensed in anotherjurisdiction, in the provision of nursing care in the case of an emergency ordisaster as declared by the governor.
(b) Nothing in this act shall be construed as:
(i) Restricting the practice, services or activities of anyperson licensed under this title while practicing within the scope of practiceprovided in the person's licensure act under this title; or
(ii) Prohibiting or regulating the delegation of functionswithin the scope of practice by any person other than a nurse licensed pursuantto this title provided that the delegation does not violate the act under whichthe person is licensed and provided that the board of nursing may disciplineanyone licensed pursuant to this act for accepting any delegation that isbeyond the person's scope of practice as defined by this act and that presentsa danger of harm to a patient.
33-21-155. Board to establish fees; disposition of fees; appropriationsto board.
(a) The board may establish appropriate fees as stated in boardrules and regulations not to exceed the maximum stated in W.S.33-21-122(c)(xxi).
(b) All fees collected by the board under this act shall bedeposited to the state treasurer's office and shall be placed in a separateaccount. There shall be appropriated to the board of nursing from the account,sums as may be necessary to carry out the provisions of this act.Appropriations shall be based upon submission of a budgetary request asprovided by W.S. 9-2-1011 and 9-2-1012.
33-21-156. Persons licensed under previous law.
(a) Any individual holding a license to practice nursing as aregistered nurse in this state that is valid on July 1, 2005, shall be deemedto be licensed as a registered nurse under this act.
(b) Any individual holding a license to practice nursing as alicensed practical nurse in this state that is valid on July 1, 2005, shall bedeemed to be licensed as a licensed practical nurse under this act.
(c) Any individual eligible for reactivation of a license topractice nursing as a registered nurse or as a licensed practical nurse in thisstate on July 1, 2005, shall be deemed to be eligible to be licensed as aregistered nurse or as a licensed practical nurse.
(d) Any individual as of July 1, 2005, who has allowed alicense to practice nursing as a registered nurse or licensed practical nursein this state to lapse because of failure to renew, may become licensed as aregistered nurse or as a licensed practical nurse by applying for relicensurepursuant to relicensure requirements established in this act and in board rulesand regulations.
(e) Those licensed under the provisions of subsections (a)through (d) of this section are eligible for renewal of the license pursuant torenewal requirements established in this act and in board rules andregulations.
(f) Any individual holding recognition to practice as anadvanced practice registered nurse in this state that is valid on July 1, 2005shall be deemed to be an advanced practice registered nurse under this act.
33-21-157. Nurses volunteer license.
(a) As used in this section, "low income uninsuredperson" and "nonprofit health care facility" have the samemeanings as in W.S. 33-15-131(a).
(b) For purposes of this section, a person shall be consideredretired from the practice of practical, professional or advanced practiceregistered nursing if the person's license has expired.
(c) The state board of nursing may issue, with or without examination,a volunteer's license to a person who is retired from practice so that theperson may provide nursing services to low income uninsured persons atnonprofit health care facilities. The board shall deny issuance of avolunteer's license to a person who is not qualified under this section to holda volunteer's license.
(d) An application for a volunteer's license shall include allof the following:
(i) A copy of the applicant's nursing degree;
(ii) A copy of the applicant's most recent license authorizingthe practice of nursing issued by a jurisdiction in the United States thatlicenses persons to practice nursing;
(iii) Evidence of one (1) of the following, as applicable:
(A) The applicant has maintained for at least ten (10) yearsimmediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice nursing; or
(B) The applicant has practiced for at least ten (10) yearsimmediately prior to retirement in good standing as a nurse in one (1) or moreof the branches of the United States armed services; and
(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any nursing servicesrendered while in possession of a volunteer's license;
(B) Will devote his nursing practice exclusively and totally toproviding nursing services to low income uninsured persons at a nonprofithealth care facility in this state; and
(C) Will provide any other documentation that the boardreasonably may require.
(e) The holder of a volunteer's license may provide nursingservices only on the premises of a nonprofit health care facility in this stateand only to low income uninsured persons. The holder shall not accept any formof remuneration for providing nursing services while in possession of thelicense. The board may revoke a volunteer's license on receiving proofsatisfactory to the board that the holder has engaged in practice in this stateoutside the scope of the license.
(f) A volunteer's license shall be valid for a period of one(1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 21 of the Wyoming statutes. A volunteer's licensemay be renewed upon the application of the holder. The board shall maintain aregister of all persons who hold volunteer's licenses. The board shall notcharge a fee for issuing or renewing a license pursuant to this section.
(g) To be eligible for renewal of a volunteer's license, theholder of the license shall certify to the board completion of any continuingeducation required under this act as if the holder of the license were inactive practice. The board shall not renew a license if the holder has notcomplied with the continuing education requirements. The nonprofit health carefacility in which the holder provides nursing services may pay for or reimbursethe holder for any costs incurred in obtaining the required continuingeducation.
(h) The board shall issue to each person who qualifies underthis section a volunteer's license that states the license holder is authorizedto provide nursing services pursuant to the laws of this state.
(j) Except as provided in this section, any person holding a volunteer'slicense issued by the board under this section shall be subject to therequirements of this act and the jurisdiction of the board as if he werelicensed to practice nursing under this act.
(k) The board shall adopt rules to administer and enforce thissection.
Thisact shall be known and may be cited as the "Wyoming Nurse PracticeAct".
33-21-120. Definitions.
(a) As used in this act:
(i) "Advanced practice registered nurse (APRN)" meansa nurse who:
(A) May prescribe, administer, dispense or providenonprescriptive and prescriptive medications including prepackaged medications,except schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;
(B) Has responsibility for the direct care and management ofpatients and clients in relation to their human needs, disease states andtherapeutic and technological interventions;
(C) Has a master's degree in nursing, or an advanced practiceregistered nurse specialty or has completed an accredited advanced practiceregistered nurse educational program prior to January 1, 1999; and
(D) Has completed an advanced program of study in a specialtyarea in an accredited nursing program, has taken and passed a nationalcertification examination in the same area and has been granted recognition bythe board to practice as an APRN.
(ii) "Alford plea" means a plea agreement where thedefendant has pled guilty yet not admitted to all the facts that comprise thecrime;
(iii) "Approval" is the process by which the boardprovides for evaluation and grants official recognition to nursing educationalprograms which meet established uniform and reasonable standards;
(iv) "Board" means the Wyoming state board of nursing;
(v) "Certificate" means a document issued by theboard permitting the performance by a nursing assistant/nurse aide of basicrelated nursing tasks and skills delegated by a licensed nurse and as allowedby statute and board rule;
(vi) "Competence" means the application of knowledgeand the interpersonal, critical thinking, decision-making and psychomotorskills expected for the practice role within the context of public health,safety and welfare;
(vii) "Impaired" means the inability to practicenursing with reasonable skill and safety to patients by reason of one (1) ormore of the following:
(A) Lack of nursing competence;
(B) Mental illness;
(C) Physical illness including, but not limited to,deterioration through the aging process or loss of motor skill; or
(D) Chemical or alcohol impairment.
(viii) "License" means a current document permitting thepractice of nursing as a registered nurse or licensed practical nurse;
(ix) "Nursing process" means the investigativeapproach to nursing practice utilizing a method of problem identification bymeans of:
(A) Assessment: A systematic and continuous collection ofobjective and subjective data about the health status of individuals and groupsderived from observations, health assessment including physical assessment,interviews, written records and reports;
(B) Nursing Diagnosis: The identification of actual orpotential responses to health needs or problems based on collecting, analyzingand comparing data with appropriate nursing standards to serve as the basis forproviding nursing care or for which referral to appropriate medical orcommunity resources is required;
(C) Planning: Development of a plan of care which includesmeasurable goals derived from the nursing diagnosis and identified prioritiesto maintain comfort, support of human functions and responses, and anenvironment conducive to wellness;
(D) Intervention: Actions in nursing practice which implementthe plan of care to maximize health capabilities of individuals and groups;
(E) Evaluation: The continuous appraisal of the effectivenessof goal attainment in the plan of care by means of reassessing health status,and if necessary, modifying nursing diagnosis, plan of care and interventions.
(x) "Practice of practical nursing" means theperformance of technical services and nursing procedures which require basicknowledge of the biological, physical, behavioral, psychological and sociologicalsciences. These skills and services are performed under the direction of alicensed physician or dentist, advanced practice registered nurse or registeredprofessional nurse. Standardized procedures that lead to predictable outcomesare utilized in the observation and care of the ill, injured and infirm, inprovision of care for the maintenance of health, in action directed towardsafeguarding life and health, in administration of medications and treatmentsprescribed by any person authorized by state law to prescribe and in delegationto appropriate assistive personnel as provided by state law and board rules andregulations;
(xi) "Practice of professional nursing" means theperformance of professional services requiring substantial knowledge of thebiological, physical, behavioral, psychological and sociological sciences, andof nursing theory as the basis for applying the nursing process which consistsof assessment, diagnosis, planning, intervention and evaluation. The nursingprocess is utilized in the promotion and maintenance of health, case findingand management of illness, injury or infirmity, restoration of optimum functionand achievement of a dignified death. Nursing practice includes but is notlimited to administration, teaching, counseling, supervision, delegation,evaluation of nursing practice and execution of the medical regimen. Thetherapeutic plan includes the administration of medications and treatmentsprescribed by any person authorized by state law to prescribe. Each registeredprofessional nurse is accountable and responsible for the quality of nursingcare rendered;
(xii) "Practice of a certified nursing assistant/nurseaide" means, regardless of title or care setting, the performance ofnursing related tasks and services delegated by a licensed nurse. The nursingassistant/nurse aide shall complete a specified course of study approved by theboard, meet minimum competency requirements and be certified by the board;
(xiii) "This act" means W.S. 33-21-119 through 33-21-157.
33-21-121. Board of nursing; membership; appointment; qualifications;term of office; vacancies; removal.
(a) The board of nursing shall consist of seven (7) members tobe appointed by the governor. Five (5) members shall be registered nurses, one(1) member shall be a licensed practical nurse and one (1) member shall be arepresentative of the public. Membership shall be restricted to no more thanone (1) person who is associated with a particular agency, educationalinstitution, corporation or other enterprise or subsidiary at one time.Membership shall represent various geographical areas of Wyoming.
(b) Each registered nurse member of the board shall be aresident of this state, licensed in good standing under the provisions of thisact, currently engaged in the practice of nursing as a registered nurse andshall have had no less than five (5) years of experience as a registered nurse,at least three (3) of which immediately preceded appointment. Of the five (5)registered nurse members on the board, one (1) member shall have had at leasttwo (2) years of experience in an administrative or teaching position in anursing education program, one (1) member shall have had at least two (2) yearsof experience in administration in nursing service or public health nursing,one (1) member shall have at least two (2) years experience as an advancedpractice registered nurse, and the remaining two (2) members shall be appointedfrom various areas of nursing.
(c) The practical nurse member shall be a resident of thisstate, licensed in good standing under the provisions of this act, currentlyengaged in the practice of nursing as a licensed practical nurse, and shallhave had no less than five (5) years of experience as a licensed practicalnurse, at least three (3) of which immediately preceded appointment.
(d) The representative of the public shall be a resident ofthis state who has attained the age of majority, is interested in consumerhealth concerns and shall not be nor ever have been licensed or employed as aprovider of health care services or be enrolled or employed in any healthrelated educational program.
(e) Members of the board shall be appointed for a term of three(3) years.
(f) The present members of the board holding office under theprovisions of the Wyoming Nurse Practice Act as of July 1, 2005 shall serve asmembers for their respective terms.
(g) No member shall serve more than two (2) consecutive fullterms. The completion of an unexpired portion of a full term shall not constitutea full term for purposes of this subsection. Any board member initiallyappointed for less than a full term is eligible to serve for two (2) additionalconsecutive full terms.
(h) An appointee to a full term on the board shall be appointedby the governor prior to the expiration of a term of the member being succeededand shall become a member of the board on the first day following theexpiration date of the preceding term. Appointees to unexpired portions of fullterms shall become members of the board on the day following the appointment.Each term of office shall expire at 12:00 midnight on the last day of Februaryfor the term of the appointment.
(j) A vacancy that occurs for any reason in the membership ofthe board shall be filled by the governor in the manner prescribed in theprovisions of this act regarding appointments. A person appointed to fill avacancy shall serve for the unexpired portion of the term.
(k) The governor may remove any member from the board asprovided in W.S. 9-1-202.
33-21-122. Board of nursing; powers and duties.
(a) The responsibility for enforcement of the provisions ofthis act is vested in the board of nursing. The board shall have all of theduties, powers and authority specifically granted by and necessary to theenforcement of this act.
(b) The board of nursing may make, adopt, amend, repeal andenforce reasonable rules and regulations necessary for the properadministration and enforcement of this act.
(c) Without limiting the foregoing, the board of nursing may dothe following:
(i) Develop by rules and regulations uniform and reasonablestandards for nursing practice;
(ii) Appoint advisory committees to provide expertise inspecific areas of education or practice under consideration by the board;
(iii) Publish advisory opinions relative to whether the nursingprocedures, policies and other practices of any agency, facility, institutionor other organization that employs individuals licensed under this act complieswith the standards of nursing practice as defined in this act and board rulesand regulations. The board may submit comments, register complaints or filecharges with the appropriate advisory, certifying or regulatory body governingthe agency, facility, institution or organization that authorizes and condonesviolations of this act or board rules and regulations;
(iv) Report alleged violations of this act to the districtattorney of the county where the violation occurred;
(v) Examine, license, renew, relicense and reactivate thelicenses of duly qualified individuals, may grant individuals a temporarypermit to engage in the practice of professional and practical nursing in thisstate within the limits imposed in this act and may develop, by board rules andregulations, standards for continued competency of licensees continuing in orreturning to practice;
(vi) Deny any applicant a license or temporary permit topractice professional or practical nursing, whether by examination, licensure,endorsement, renewal, relicensure or reactivation, if the applicant fails tomeet the requirements of this act or board rules and regulations;
(vii) Conduct surveys and collect data related to licensure andeducational enrollments and report to the public;
(viii) Conduct investigations, hearings and proceedings concerningalleged violations of this act and board rules and regulations and shallrequest criminal history background information on license or certificateapplicants as authorized under W.S. 7-19-106(a)(viii);
(ix) Notwithstanding any other provision of law, the board mayissue administrative subpoenas for the testimony of any license, certificate ortemporary permit holder or other witness and may issue administrative subpoenasfor the production of evidence relating to any matter under investigation. Theboard may compel attendance of witnesses and administer oaths to thosetestifying at hearings;
(x) Determine and administer appropriate disciplinary actionagainst all individuals found guilty of violating this act and board rules andregulations. The board retains jurisdiction over the person issued a license,certificate or temporary permit pursuant to this act, regardless of whether thelicense, certificate or permit expired, lapsed or was relinquished during orafter the alleged occurrence of conduct proscribed by this act;
(xi) Develop and enforce uniform and reasonable standards fornursing education programs as stated in board rules and regulations;
(xii) Approve nursing education programs that meet the prescribedstandards of the board;
(xiii) Deny or withdraw approval of nursing education programsthat fail to meet the prescribed standards of the board;
(xiv) Regulate by board rules and regulations the qualificationsof advanced practice registered nurses;
(xv) Maintain records of proceedings as required by state law;
(xvi) Conduct conferences, forums, studies and research onnursing practice and education;
(xvii) Maintain nursing statistics for purposes of nursingmanpower planning and nursing education;
(xviii) Appoint and employ a registered nurse qualified by nursingexperience and a minimum of a master's degree in nursing to serve as executivedirector, approve additional staff positions as may be necessary in the opinionof the board to administer and enforce the provisions of this act and determinequalifications for such positions;
(xix) Participate in and pay membership fees to organizationsthat develop and regulate the national nursing licensure examinations andexclusively promote the improvement of the uniform and reasonable standards forthe practice of nursing for protection of the public health, safety andwelfare;
(xx) Submit an annual report to the governor, summarizing theboard's proceedings and activities;
(xxi) Determine and collect reasonable fees not to exceed fivehundred dollars ($500.00) as established by board rules and regulations;
(xxii) Receive and expend funds for the pursuit of the authorizedobjectives of the board of nursing. Funds shall be maintained in a separateaccount and periodic reports of the receipt and expenditure of funds shall besubmitted to the governor;
(xxiii) Adopt a seal which shall be in the care of the executivedirector and which shall be affixed only in a manner as prescribed by theboard; and
(xxiv) By board rule and regulation, regulate the qualifications,certification, recertification, examination and discipline of nursingassistants and nurse aides. For purposes of carrying out this paragraph,fingerprints and other information necessary for a criminal history recordbackground check pursuant to W.S. 7-19-201 shall be provided to the board.
(d) Notwithstanding any other provision of this act, the boardshall not, by rule or otherwise, limit the right of licensed nurses to practicewith other health professionals or in an association, partnership, corporationor other lawful entity, nor limit the right of licensed nurses to practiceunder the name "nursing clinic", "nursing center" or otherdescriptive terms, provided the term is not misleading regarding the nature ofservices provided.
(e) This act does not require the board of nursing to act uponviolations of the provisions of the act whenever, in the board's opinion, thepublic interest will be served adequately by a suitable written notice ofwarning to affected parties.
33-21-123. Executive director; appointment; assistant; powers andduties; salary and expenses.
(a) An executive director shall be appointed by the board andis responsible for the performance of administrative responsibilities of theboard and other duties as the board directs.
(b) The executive director and assistant to the executivedirector shall be registered nurses, licensed in the state of Wyoming andqualified by nursing experience and a minimum of a master's degree in nursing.
(c) The executive director and assistant to the executivedirector may act on the board's behalf during the period between board meetingsin matters of licensure, examination, disciplinary and other administrativefunctions.
(d) The executive director and the assistant to the executivedirector of the board of nursing shall receive an annual salary which shall bedetermined by the board in conjunction with the personnel department and whichshall be competitive with salaries for positions requiring similar educationand experience and shall receive reimbursement for per diem and travel expensesincurred in connection with the performance of official duties as provided forin state statutes.
33-21-124. Board; officers; duties; terms.
(a) The board of nursing shall elect from its registered nursemembers a president and vice president. The president shall preside at boardmeetings and shall be responsible for the performance of all duties andfunctions of the board required or permitted by this act. In the absence of thepresident, the vice president shall assume these duties.
(b) Additional offices shall be established and filled by theboard at its discretion.
(c) Officers elected by the board shall serve a term of one (1)year commencing with the day of their election and ending upon election oftheir successors and shall serve no more than three (3) consecutive full termsin each office to which they are elected.
(a) The board of nursing shall meet at least once every six (6)months to transact its business. One (1) meeting shall be designated as theannual meeting for the purpose of electing officers and board reorganizationand planning. The board shall meet at additional times as it may determine.Additional meetings may be called by the president of the board or bytwo-thirds (2/3) of the members of the board. Board meetings and hearings shallbe open to the public. In accordance with the law, the board may conduct partof the meeting in executive session, closed to the public.
(b) Notice of all board meetings shall be given in the mannerpursuant to board rules and regulations.
(c) A majority of the board members including the president orvice president constitutes a quorum for the conduct of a board meeting. The actof the majority of members present at a meeting, which includes a quorum, shallbe the act of the board of nursing.
(d) The board members shall vote when present. When a conflictof interest exists, the board members shall abstain from voting.
33-21-126. Board; compensation.
Eachmember of the board shall receive as salary the sum paid each day tolegislators and shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diemand travel expenses incurred in the performance of their duties.
33-21-127. Qualifications for licensure; application requirements.
(a) An applicant for licensure by examination to practice as aregistered nurse or licensed practical nurse shall:
(i) Submit a written application verified by oath as prescribedby the board;
(ii) Be a graduate of a state board approved nursing educationprogram recognized by the board which prepares for the level of licensure beingsought;
(iii) Pass a board approved national nursing licensureexamination;
(iv) Have committed no acts which are grounds for disciplinaryaction as set forth in W.S. 33-21-146, or if the act has been committed, theboard may, at its discretion and after investigation, determine that sufficientrestitution has been made; and
(v) Remit fees as specified by the board.
(b) An applicant for licensure by endorsement to practice as aregistered nurse or licensed practical nurse shall:
(i) Submit a written application verified by oath as prescribedby the board;
(ii) Be a graduate of a state board approved nursing educationprogram recognized by the board which prepares for the level of licensure beingsought;
(iii) Have committed no acts which are grounds for disciplinaryaction as set forth in W.S. 33-21-146, or if the act has been committed, theboard may, at its discretion and after investigation, determine that sufficientrestitution has been made;
(iv) Remit fees as specified by the board; and either:
(A) Submit proof of initial licensure by an examinationacceptable to the board, provided that when the applicant secured his or herinitial license, the requirements for licensure included the requirements thennecessary for licensure in this state and have submitted proof that the licensehas not been suspended, revoked or otherwise restricted for any reason; or
(B) Be required to pass an examination or meet otherrequirements as specified by the board, if the applicant has not passed anexamination acceptable to the board.
(c) Each applicant who successfully meets the requirements ofthis section is entitled to licensure as a registered nurse or licensedpractical nurse, whichever is applicable.
(d) In addition to subsections (a) and (b) of this section, anapplicant for licensure under this act shall provide the board fingerprints andother information necessary for a criminal history record background check asprovided under W.S. 7-19-201.
33-21-128. Examinations for licensure; reexamination.
(a) Repealed by Laws 2005, ch. 224, 2.
(b) The board may employ, contract and cooperate with anyorganization in the preparation, administration and grading of an appropriatenational nursing licensure examination.
(c) The board shall by rules and regulations limit the numberof reexaminations which may be taken by the applicant after the initial failureof a board approved national nursing licensure examination.
33-21-129. Renewal of licenses.
(a) Licenses issued under this act shall be renewed bienniallyaccording to a schedule established by board rules and regulations.
(b) A renewal license shall be issued to a registered nurse orlicensed practical nurse who demonstrates satisfactory completion ofrequirements established by the board and who remits the required feesestablished in the board rules and regulations.
(c) Any license issued by the board shall expire if thelicensee fails to renew the license as established in board rules andregulations, including the remittance of all fees.
(d) Failure to renew the license by the expiration date shallresult in forfeiture of the right to practice nursing in this state.
33-21-130. Relicensure.
Licenseeswho have allowed their license to lapse by failure to renew as herein provided,may apply for relicensure according to board rules and regulations. Uponsatisfaction of the requirements for relicensure, the board shall issue arenewal of license to practice nursing.
33-21-131. Inactive status; reactivation.
Licenseeswho hold an active license to practice in this state, and who wish todiscontinue the practice of professional or practical nursing in this state,may request in writing that the board place their license on inactive status. Alicensee on inactive status shall not be considered lapsed or expired. Abiennial renewal fee shall be required to retain the inactive status. Licensees on inactive status may apply for reactivation pursuant to board rulesand regulations.
33-21-132. Temporary permit.
(a) The board may issue a temporary permit to practice nursingto a registered nurse or licensed practical nurse who is awaiting licensure byendorsement and who is currently licensed in good standing in anotherjurisdiction, territory or possession of the United States. The period for atemporary permit shall not exceed ninety (90) days, provided the applicantsubmits a written application for licensure by endorsement in a form andsubstance satisfactory to the board.
(b) The board may issue a temporary permit to practice nursingto a registered nurse or licensed practical nurse who is not seeking licensureby endorsement and who is currently licensed in good standing in anotherjurisdiction, territory or possession of the United States. The period for atemporary permit shall not exceed ninety (90) days, provided the applicantsubmits a written application for licensure by endorsement in a form andsubstance satisfactory to the board. A temporary permit for such a requestshall be issued only one (1) time.
(c) The board may issue a temporary permit to practice nursingto a graduate of an approved nursing education program, pending the results ofthe first board approved national nursing licensure examination offered aftergraduation. A temporary permit shall not be issued to any applicant who haspreviously failed a board approved national nursing licensure examination. Thetemporary permit shall be surrendered in event of failure of the licensureexamination. A new graduate holding a temporary permit shall practice onlyunder the direction and supervision of a registered professional nurse.
(d) The board may issue a temporary permit to graduates offoreign schools of nursing who have met the requirements for licensure byexamination or endorsement pursuant to board rules and regulations. Applicantsshowing evidence of certification from a board approved national certifyingorganization for graduates of foreign nursing schools shall take the firstboard approved national nursing licensure examination offered for which theyare eligible.
(e) A temporary permit is nonrenewable.
33-21-133. Licensees to provide statistical information to board.
Eachlicensee shall provide reasonable information for statistics requested by theboard to perform its duties in nursing manpower planning.
33-21-134. Registered professional nurse; use of R.N.; advancedpractice registered nurse; use of A.P.R.N.
(a) Any person who holds a license to practice as a registeredprofessional nurse in this state shall have the right to use the title"Registered Nurse" and the abbreviation "R.N." No otherperson shall assume this title or use this abbreviation or any words, letters,signs or devices to indicate that the person using same is a registeredprofessional nurse.
(b) Any person who holds a license to practice as an advancedpractice registered nurse in this state shall have the right to use the title"Advanced Practice Registered Nurse" and the abbreviation"A.P.R.N." No other person shall assume this title or use this abbreviationor any words, letters, signs or devices to indicate that the person using sameis an advance practice registered nurse.
33-21-135. Licensed practical nurse; use of L.P.N.
Anyperson who holds a license to practice as a licensed practical nurse in thisstate shall have the right to use the title "Licensed PracticalNurse" and the abbreviation "L.P.N." No other person shallassume this title or use this abbreviation or any words, letters, signs ordevices to indicate that the person using same is a licensed practical nurse.
33-21-136. New graduate professional nurse; use of G.N.; new graduateadvanced practice registered nurse; use of G.A.P.R.N.
(a) Any person who holds a temporary permit as a new graduateprofessional nurse in this state shall use the title "Graduate Nurse"and the abbreviation "G.N." No other person shall assume this titleor use this abbreviation or any words, letters, signs or devices to indicatethat the person using same is a new graduate professional nurse.
(b) Any person who holds a temporary permit as a new graduateadvanced practice registered nurse in this state shall use the title"Graduate Advanced Practice Registered Nurse" and the abbreviation"G.A.P.R.N." No other person shall assume this title or use thisabbreviation or any words, letters, signs or devices to indicate that theperson using same is a new graduate advanced practice registered nurse.
33-21-137. New graduate practical nurse; use of G.P.N.
Anyperson who holds a temporary permit as a new graduate practical nurse in thisstate shall use the title "Graduate Practical Nurse" and theabbreviation "G.P.N." No other person shall assume this title or usethis abbreviation or any words, letters, signs or devices to indicate that theperson using same is a new graduate practical nurse.
33-21-138. Nursing education programs; approval by board.
Theboard shall by rules and regulations that establish standards for nursingeducation programs define the process for board approval of nursing educationprograms and collect actual costs incurred for the approval process for nursingeducation programs, not to exceed five thousand dollars ($5,000.00).
33-21-139. Nursing education programs; approval by board; procedure.
Aninstitution or program desiring to initiate a nursing education program in thisstate shall apply to the board and submit evidence that its nursing program isable to meet the standards established by the board. If upon investigation theboard finds that the program meets the established standards for nursingeducation programs, it may grant approval to the applicant program.
Theboard shall periodically provide for reevaluation of approved nursing educationprograms based on actual reports or resurveys and shall publish a list ofapproved programs. The board shall collect actual costs incurred for thesurvey and approval process from the nursing education program, not to exceedfive thousand dollars ($5,000.00).
33-21-141. Nursing education programs; denial or withdrawal ofapproval.
Theboard may deny or withdraw approval or take action as deemed necessaryregarding nursing education programs that fail to meet the standardsestablished by the board, provided that all actions shall be effected inaccordance with the Wyoming Administrative Procedure Act.
33-21-142. Nursing education programs; reinstatement of approval.
Theboard may reinstate approval of a nursing education program upon submission ofsatisfactory evidence that its program meets the standards established by theboard.
Theboard may grant conditional approval of an established program pending removalor correction of deficiencies, as identified by the board.
33-21-145. Violations; penalties.
(a) No person shall:
(i) Engage in the practice of nursing as defined in this actwithout a valid, current license or temporary permit, except as otherwisepermitted under this act;
(ii) Practice nursing under cover of any diploma, license orrecord illegally or fraudulently obtained or signed or issued unlawfully orunder fraudulent representation;
(iii) Use any words, abbreviations, figures, letters, titles,signs, cards or devices tending to imply that the person is a registered nurse,licensed practical nurse or advanced practice registered nurse unless theperson is duly licensed as a registered nurse, licensed practical nurse, orrecognized as an advanced practice registered nurse under this act;
(iv) Knowingly employ unlicensed persons in the practice ofnursing;
(v) Knowingly conceal information relating to violations ofthis act;
(vi) Conduct a nursing education program for the preparation ofregistered nurses or licensed practical nurses unless the program has beenapproved by the board;
(vii) Otherwise violate or aid or abet another person to violateany provision of this act; or
(viii) Practice nursing during the time a license is suspended,revoked, surrendered, inactive or lapsed.
(b) Violation of any of the provisions of this act constitutesa misdemeanor and upon conviction, the person is subject to a fine of not morethan one thousand dollars ($1,000.00), imprisonment for not more than one (1)year, or both.
33-21-146. Disciplining licensees; grounds.
(a) The board of nursing may refuse to issue or renew, or maysuspend or revoke the license, certificate or temporary permit of any person,or to otherwise discipline a licensee, upon proof that the person:
(i) Has engaged in any act inconsistent with uniform andreasonable standards of nursing practice as defined by board rules andregulations;
(ii) Has been found guilty by a court, has entered an Alfordplea or has entered a plea of nolo contendere to a misdemeanor or felony thatrelates adversely to the practice of nursing or to the ability to practicenursing;
(iii) Has practiced fraud or deceit:
(A) In procuring or attempting to procure a license to practicenursing;
(B) In filing or reporting any health care information,including but not limited to client documentation, agency records or otheressential health documents;
(C) In signing any report or record as a registered nurse or asa licensed practical nurse;
(D) In representing authority to practice nursing; or
(E) In submitting any information or record to the board.
(iv) Is unfit or incompetent to practice nursing by reason ofnegligence, habits or other causes including but not limited to:
(A) Being unable to practice nursing with reasonable skill andsafety to patients by reason of physical or mental disability, or use of drugs,narcotics, chemicals or any other mind-altering material; or
(B) Performance of unsafe nursing practice or failure toconform to the essential standards of acceptable and prevailing nursingpractice, in which case actual injury need not be established.
(v) Has engaged in any unauthorized possession or unauthorizeduse of a controlled substance as defined in the Wyoming Controlled SubstancesAct;
(vi) Has had a license to practice nursing or to practice inanother health care discipline in another jurisdiction, territory or possessionof the United States denied, revoked, suspended or otherwise restricted;
(vii) Has practiced nursing within this state without a validcurrent license or temporary permit or as otherwise permitted under this act;
(viii) Has knowingly and willfully failed to report to the boardany violation of this act or of board rules and regulations;
(ix) Has been found by the board to have violated any of theprovisions of this act or of board rules and regulations;
(x) Has knowingly engaged in an act which the licensee knew wasbeyond the scope of the individual's nursing practice prior to committing theact, or performed acts without sufficient education, knowledge, or ability toapply nursing principles and skills; or
(xi) Has failed to submit to a mental, physical or medicalcompetency examination following a proper request by the board made pursuant toboard rules and regulations and the Wyoming Administrative Procedure Act.
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-21-147. Disciplining licensees; procedure.
Aproceeding for discipline of a licensee or a temporary permit holder, or actionagainst an applicant for a license or temporary permit, may be commenced whenthe board has reasonable grounds to believe that a person under the board'sjurisdiction has committed acts in violation of W.S. 33-21-146. No license topractice nursing may be revoked or denied by the board without affording thelicensee or applicant due process of law. However, the board may summarilysuspend a license and institute proceedings concomitantly if the board findsthat the licensee presents a clear and immediate danger to the public health,safety and welfare if allowed to continue to practice. For purposes of asuspension or other restriction imposed pursuant to W.S. 33-21-146(b), theboard may presume that the court imposing the suspension or restrictionafforded the licensee or applicant due process of law.
33-21-148. Disciplining licensees; reinstatement.
Anyperson whose license has been denied, suspended or revoked, pursuant to thisact, may apply to the board for reinstatement of the license or issuance of alicense after fulfilling those requirements determined by the board. Theapplication shall be made in writing and in the form prescribed by the board.The board may grant or deny the application or it may modify its originalfindings to reflect any circumstances that have changed sufficiently to warrantmodifications.
Asa result of disciplinary action, the board may in addition to other powers andduties, issue, renew or reinstate licenses subject to reasonable conditionswhich the board may impose.
33-21-150. Immunity of board members and persons reporting informationto board.
(a) Any member or agent of the board, or any person under oath,is not subject to a civil action for damages as a result of reportinginformation in good faith, without fraud or malice, relating to allegedviolations of this act or board rules and regulations including, but notlimited to:
(i) Negligence, malpractice or the qualification, fitness orcharacter of a person licensed, or applying for a license, to practice nursing;or
(ii) Violations of the standards of nursing education programsas defined by board rule and regulations.
(b) The immunity provided by this section shall extend to themembers of any professional review committee and witnesses appearing before thecommittee which is authorized by the board to act pursuant to this section.
33-21-151. Injunctive relief; grounds.
(a) The board may petition in its own name for an injunction toa proper court of competent jurisdiction to enjoin:
(i) Any person from practicing nursing, within the meaning ofthis act, without a valid license or temporary permit, unless so exempted underW.S. 33-21-154;
(ii) Any licensee from practicing who allegedly is in violationof this act; or
(iii) Any person, firm, corporation, institution or associationfrom employing any individual to practice nursing who is not licensed underthis act or exempted under W.S. 33-21-154.
33-21-152. Injunctive relief; procedure.
(a) Upon the filing of a verified petition the court may issuean injunction for violation of W.S. 33-21-151. In case of violation of aninjunction issued under this section, the court may find the offender guilty ofcontempt of court.
(b) The injunction proceedings shall be in addition to, not inlieu of, all penalties and other remedies provided in this act.
33-21-153. Names of terminated licensees to board; enforcement by courtorder; civil contempt for noncompliance; immunity.
(a) Hospitals, nursing homes and other employers of registerednurses, licensed practical nurses, and advanced practice registered nursesshall report to the board the names of those licensees whose employment hasbeen terminated voluntarily or involuntarily for any reasons stipulated in W.S.33-21-146.
(b) The board may seek an order from a proper court ofcompetent jurisdiction for a report from any of the parties stipulated insubsection (a) of this section if one is not forthcoming voluntarily.
(c) The board may seek a citation for civil contempt if a courtorder for a report is not obeyed by any of the parties stipulated in subsection(a) of this section.
(d) Any institution or person reporting in good faith andwithout fraud or malice, information to the board under this section, is immunefrom civil action as provided in W.S. 33-21-150.
33-21-154. Exemptions.
(a) No provisions in this act prohibit:
(i) The practice of professional and practical nursing that isan integral part of a program by students enrolled in board approved nursingeducation programs leading to initial licensure;
(ii) The rendering of assistance by anyone in the case of anemergency;
(iii) The incidental health care by members of the family andfriends;
(iv) The rendering of nursing services on a fee-for-servicebasis, or the reimbursement for nursing services directly to a registerednurse, licensed practical nurse or advanced practice registered nurse by anygovernmental program, commercial insurance company, hospital or medicalservices plan, or any other third-party payor;
(v) The establishment of an independent nursing practice by one(1) or more licensed nurses for the purpose of rendering nursing serviceswithin the scope of the license to practice nursing;
(vi) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who isemployed by the United States government, or any bureau, division or agencythereof while in the discharge of official duties;
(vii) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who isemployed by an individual, agency or corporation located in another state andwhose employment responsibilities include transporting patients into, out of,or through this state. The exemptions shall be limited to a period not toexceed forty-eight (48) hours for each transport;
(viii) The practice of any currently registered nurse, licensedpractical nurse or advanced practice registered nurse of another state who ispresenting educational programs or consultative services within this state fora period not to exceed a total of fourteen (14) days per year;
(ix) The practice of any nurse, currently licensed in anotherjurisdiction, in the provision of nursing care in the case of an emergency ordisaster as declared by the governor.
(b) Nothing in this act shall be construed as:
(i) Restricting the practice, services or activities of anyperson licensed under this title while practicing within the scope of practiceprovided in the person's licensure act under this title; or
(ii) Prohibiting or regulating the delegation of functionswithin the scope of practice by any person other than a nurse licensed pursuantto this title provided that the delegation does not violate the act under whichthe person is licensed and provided that the board of nursing may disciplineanyone licensed pursuant to this act for accepting any delegation that isbeyond the person's scope of practice as defined by this act and that presentsa danger of harm to a patient.
33-21-155. Board to establish fees; disposition of fees; appropriationsto board.
(a) The board may establish appropriate fees as stated in boardrules and regulations not to exceed the maximum stated in W.S.33-21-122(c)(xxi).
(b) All fees collected by the board under this act shall bedeposited to the state treasurer's office and shall be placed in a separateaccount. There shall be appropriated to the board of nursing from the account,sums as may be necessary to carry out the provisions of this act.Appropriations shall be based upon submission of a budgetary request asprovided by W.S. 9-2-1011 and 9-2-1012.
33-21-156. Persons licensed under previous law.
(a) Any individual holding a license to practice nursing as aregistered nurse in this state that is valid on July 1, 2005, shall be deemedto be licensed as a registered nurse under this act.
(b) Any individual holding a license to practice nursing as alicensed practical nurse in this state that is valid on July 1, 2005, shall bedeemed to be licensed as a licensed practical nurse under this act.
(c) Any individual eligible for reactivation of a license topractice nursing as a registered nurse or as a licensed practical nurse in thisstate on July 1, 2005, shall be deemed to be eligible to be licensed as aregistered nurse or as a licensed practical nurse.
(d) Any individual as of July 1, 2005, who has allowed alicense to practice nursing as a registered nurse or licensed practical nursein this state to lapse because of failure to renew, may become licensed as aregistered nurse or as a licensed practical nurse by applying for relicensurepursuant to relicensure requirements established in this act and in board rulesand regulations.
(e) Those licensed under the provisions of subsections (a)through (d) of this section are eligible for renewal of the license pursuant torenewal requirements established in this act and in board rules andregulations.
(f) Any individual holding recognition to practice as anadvanced practice registered nurse in this state that is valid on July 1, 2005shall be deemed to be an advanced practice registered nurse under this act.
33-21-157. Nurses volunteer license.
(a) As used in this section, "low income uninsuredperson" and "nonprofit health care facility" have the samemeanings as in W.S. 33-15-131(a).
(b) For purposes of this section, a person shall be consideredretired from the practice of practical, professional or advanced practiceregistered nursing if the person's license has expired.
(c) The state board of nursing may issue, with or without examination,a volunteer's license to a person who is retired from practice so that theperson may provide nursing services to low income uninsured persons atnonprofit health care facilities. The board shall deny issuance of avolunteer's license to a person who is not qualified under this section to holda volunteer's license.
(d) An application for a volunteer's license shall include allof the following:
(i) A copy of the applicant's nursing degree;
(ii) A copy of the applicant's most recent license authorizingthe practice of nursing issued by a jurisdiction in the United States thatlicenses persons to practice nursing;
(iii) Evidence of one (1) of the following, as applicable:
(A) The applicant has maintained for at least ten (10) yearsimmediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice nursing; or
(B) The applicant has practiced for at least ten (10) yearsimmediately prior to retirement in good standing as a nurse in one (1) or moreof the branches of the United States armed services; and
(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any nursing servicesrendered while in possession of a volunteer's license;
(B) Will devote his nursing practice exclusively and totally toproviding nursing services to low income uninsured persons at a nonprofithealth care facility in this state; and
(C) Will provide any other documentation that the boardreasonably may require.
(e) The holder of a volunteer's license may provide nursingservices only on the premises of a nonprofit health care facility in this stateand only to low income uninsured persons. The holder shall not accept any formof remuneration for providing nursing services while in possession of thelicense. The board may revoke a volunteer's license on receiving proofsatisfactory to the board that the holder has engaged in practice in this stateoutside the scope of the license.
(f) A volunteer's license shall be valid for a period of one(1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 21 of the Wyoming statutes. A volunteer's licensemay be renewed upon the application of the holder. The board shall maintain aregister of all persons who hold volunteer's licenses. The board shall notcharge a fee for issuing or renewing a license pursuant to this section.
(g) To be eligible for renewal of a volunteer's license, theholder of the license shall certify to the board completion of any continuingeducation required under this act as if the holder of the license were inactive practice. The board shall not renew a license if the holder has notcomplied with the continuing education requirements. The nonprofit health carefacility in which the holder provides nursing services may pay for or reimbursethe holder for any costs incurred in obtaining the required continuingeducation.
(h) The board shall issue to each person who qualifies underthis section a volunteer's license that states the license holder is authorizedto provide nursing services pursuant to the laws of this state.
(j) Except as provided in this section, any person holding a volunteer'slicense issued by the board under this section shall be subject to therequirements of this act and the jurisdiction of the board as if he werelicensed to practice nursing under this act.
(k) The board shall adopt rules to administer and enforce thissection.
