Chiropracticis the system of specific adjustment or manipulation of the joints and tissuesof the body and the treatment of the human body by the application ofmanipulative, manual, mechanical, physiotherapeutic or clinical nutritionalmethods for which those persons licensed under this chapter are trained and mayinclude the use of diagnostic x-rays. A chiropractor may examine, diagnose andtreat patients provided, however, chiropractors shall not perform surgery,direct the use of or administer drugs required by law to be dispensed onprescription only, practice obstetrics or prescribe or administer x-raytherapy.
33-10-102. Board of chiropractic examiners; established; composition;qualifications of members.
Thereis hereby created and established a board to be known as the state board ofchiropractic examiners, which shall be composed of three (3) practicingchiropractors of integrity and ability, who shall be residents of the state ofWyoming, who shall have practiced chiropractic continuously in the state ofWyoming for a period of at least three (3) years and who shall have a diplomafrom a recognized chiropractic school or college.
33-10-103. Board of chiropractic examiners; appointment; term;qualifications; vacancies; removal.
Thegovernor shall appoint three (3) practicing chiropractors, who shall possessthe qualifications specified in W.S. 33-10-102, to constitute the membership ofthe board. Members shall be appointed to a term of three (3) years, exceptthat initial terms shall be staggered so that annually thereafter the governorshall appoint one (1) member who shall be a licensed chiropractic practitionerpossessing the qualifications specified in W.S. 33-10-102, and who shall servefor a period of three (3) years or until his successor is appointed. Thegovernor shall fill all vacancies occurring in the board. The governor mayremove any board member as provided in W.S. 9-1-202.
33-10-104. Board of chiropractic examiners; meetings; procedure;records; members to be licensed.
(a) The board of examiners shall convene within thirty (30)days after the appointment of its members and shall elect from its membership apresident, vice-president and secretary-treasurer. The board shall hold aregular meeting once each year at the capitol of the state, the date to be setby the board at its first meeting. The board shall hold special meetings atsuch times and places as a majority of the members thereof may designate,provided that not more than three (3) meetings shall be held in any one (1)year. A majority of the board shall constitute a quorum. The board shall haveauthority to administer oaths, take affidavits, summon witnesses and taketestimony as to matters coming within the scope of its duties. It shall adopt aseal, which shall be affixed to all licenses issued by it and shall from timeto time adopt rules and regulations as are proper and necessary for theperformance of its duties. It shall adopt a schedule of minimum educationalrequirements not inconsistent with the provisions of this law, which shall bewithout prejudice, partiality or discrimination as to the standard schools ofchiropractic. The secretary of said board shall keep a record of theproceedings of the board, which shall at all times be open to public inspection.The board shall also have on file with the secretary of state for publicinspection a copy of its rules and regulations.
(b) A license to practice chiropractic within this state shallbe issued to the individual members of said board at first meeting, uponpayment by each board member of the regular fee, as provided for in this act.
33-10-105. License required.
Itshall be unlawful for any person to practice chiropractic in this state withoutfirst obtaining a license, as provided for in this act.
33-10-106. Application for license; educational requirements; fees.
Anyperson wishing to practice chiropractic in this state shall make application tothe board of chiropractic examiners, through the secretary-treasurer thereof,upon such form and in such manner as may be prescribed and directed by theboard, at least fifteen (15) days prior to any meeting of the board. Eachapplicant shall be a graduate of a recognized school of chiropractic, in whichhe actually attended a course of study for at least four (4) years of nine (9)months each, preceded by a four-year high school course or its equivalent, andat least two (2) years of study in either a course of liberal arts or scienceat the University of Wyoming or in a college or university accredited by theboard. Application shall be in writing and shall be signed by the applicant andsworn to before some officer authorized to administer oaths. There shall bepaid by each applicant a license fee in an amount established by the boardpursuant to W.S. 33-1-201 which fee shall accompany the application.
33-10-107. Time, place and subjects for examinations; reexamination.
(a) Examinations for license to practice chiropractic shall begiven by the board at such times and places as it shall determine, and shall begiven according to the method deemed by the board to be the most practicableand expeditious to test the applicant's qualifications. The secretary shalldesignate each applicant by a number instead of by name, so that his identitywill not be disclosed to the members of the board until after the examinationpapers are graded.
(b) All examinations shall be made in writing and shall includethe following subjects: principles and practice of chiropractic; sanitation,and hygiene, anatomy, physiology, symptomatology, diagnosis, chiropractic,orthopedy, pathology, and urinalysis. In addition the applicant must also givea clinical demonstration of vertebrae palpation, nerve tracing and adjusting,satisfactory to the board. Additional subjects may be prescribed from time totime by the board to meet with new conditions.
(c) A license shall be granted to all applicants who shallcorrectly answer seventy-five percent (75%) of all questions asked, but if anyapplicant shall fail to answer correctly sixty percent (60%) of the questionsin any one (1) subject of said examination, regardless of what his averagegrade might be, he or she shall not be entitled to a license. An applicant whofails to pass the examination may take a second examination at any time withinone (1) year from and after his first failure without the payment of anyadditional fees.
33-10-108. Duties and authority of practitioners.
Chiropracticpractitioners shall observe and be subject to all state and municipalregulations relating to the control of contagious and infectious diseases,shall be permitted to sign death certificates, and shall, as to any and allmatters pertaining to public health, report to the proper health officers thesame as other practitioners.
33-10-109. Title of practitioners.
Chiropractorslicensed under this act shall have the right to practice chiropractic inaccordance with the method taught in the chiropractic schools and collegesrecognized by the chiropractic board of examiners of this state. The prefix"Dr." or "doctor" shall not appear on any display signbefore the name of the practitioner; but shall appear in connection with thetitle "doctor of chiropractic". Said title shall appear in same sizetype as name of practitioner.
33-10-110. Prohibited acts; refusal, revocation or suspension oflicense; appeals.
(a) It shall be unlawful for any holder of a license accordingto this chapter to commit any of the following acts:
(i) To use any false, fraudulent or forged statement ordocument, or any fraudulent, deceitful, dishonest or immoral practice, inconnection with any of the licensing requirements;
(ii) To perform or attempt to perform an unlawful abortion orassist or advise the performance of any unlawful abortion;
(iii) To commit or be convicted of a felony;
(iv) To become addicted to a drug or intoxicant to such a degreeas to render the licensee unsafe or unfit to practice chiropractic;
(v) To practice chiropractic while having any physical ormental disability which renders the practice of chiropractic dangerous;
(vi) To be guilty of any dishonest, unethical or unprofessionalconduct likely to deceive, defraud or harm the public;
(vii) To use willfully any false or fraudulent statement in anydocument connected with the practice of chiropractic;
(viii) To knowingly perform any act which in any way assists anunlicensed person to practice chiropractic;
(ix) To violate or attempt to violate, directly or indirectly orassist in or abet the violation or conspiring to violate any provision or termsof the Chiropractic Practice Act;
(x) To practice chiropractic while adjudged mentallyincompetent or insane;
(xi) To practice chiropractic under a false or assumed name;
(xii) To advertise the practice of chiropractic in any unethicalor unprofessional manner;
(xiii) To obtain a fee as personal compensation or gain to anemployer or for a person on fraudulent representation that a manifestlyincurable condition can be permanently cured; or
(xiv) To willfully violate any privileged communication.
(b) The board shall refuse to issue a license or certificate toany applicant proved guilty of any of the acts stated in section (a), and theboard may revoke the license and certificate or suspend the license and certificateof any licensee proved guilty of any of the acts stated in section (a).
(c) Before refusing, revoking or suspending any license orcertificate for any of the causes stated in section (a), the board shall givenotice in writing by mailing by United States registered mail to the licenseeor applicant at his last known address in Wyoming a statement of the nature ofthe offense charged. The licensee or applicant shall have thirty (30) daysafter mailing of the notice to file with the board a written statement of thenature of his defense. If no defense shall have been filed, the board shallproceed ex parte forthwith to hear proof of the charge, and, if proven, shallrefuse, suspend or revoke the license and certificate. If the licensee orapplicant shall file a defense, the matter forthwith shall be set for hearingby the board.
(d) At the hearing, the board shall be represented and advisedby the attorney general and any complainant, applicant or licensee may berepresented by counsel. The board and any complainant, applicant or licenseeshall have the power to require by subpoena the attendance and testimony ofwitnesses and the production of papers. The fees and mileage for witnessesshall be the same as prescribed by law for trial by district courts in civilcases. In case of disobedience to a subpoena, the aid of any court of competentjurisdiction may be invoked and such court may issue an order requiring thewitness to appear before the board and give evidence and to produce papers andany failure to obey such order of the court may be punished by the court as acontempt thereof. The testimony at the hearing shall be recorded in shorthandor by some other generally used method of taking and recording testimony ifrequired by the board or demanded by the complainant, applicant or licensee,provided that the board or party making such demand shall arrange and pay forthe same.
(e) Within thirty (30) days after the hearing, the board shallmake its order in writing stating its decision. The complainant, applicant orlicensee may appeal from such order to the district court in which he residesor to the district court of Laramie county by filing with the board withinfifteen (15) days thereafter a written notice of appeal. Within thirty (30) daysafter receipt of the notice of appeal, unless the time shall be extended byorder of the court appealed to, the board shall certify and deliver to thedistrict court appealed to the original statement of the nature of the offensecharged and the defense, or true and certified copies thereof. The appellantshall have five (5) days thereafter to perfect his appeal by filing with theclerk of the district court and with the board and any other parties a copy ofthe notice of appeal and a petition stating the grounds for the appeal, and ifappellant shall fail to do so within the time fixed, the appeal shall bedismissed with prejudice by the court. The order shall remain in effect duringthe appeal unless the judge of the district court appealed to at any time aftermaking of the order by the board, after three (3) days notice to the boardgiving an opportunity to be heard with respect thereto, shall fix a bond in asum to be determined by the court in favor of the people of the state ofWyoming and conditioned upon the faithful performance of the requirements ofhis license during the appeal. Said bond shall be for the benefit of anypersons damaged by any act of the appellant during the appeal or any time priorthereto, and any person so damaged may bring an action against the appellantand the sureties on the bond. Trial before the district court on said appealshall be de novo and without a jury. The judgment of the district court may beappealed to the supreme court in the manner provided by law for appeal of civilmatters.
(f) 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.
33-10-111. Appeal from decision of board.
Anyperson feeling himself aggrieved by the decision of the board may have anappeal to the district court of the county wherein his license to practice isof record. The manner and procedure of appeal shall be the same as thatprovided by law in the cases of appeals from a circuit court to the districtcourt.
33-10-112. License to be recorded; failure to record.
(a) Every person who shall receive a license from the stateboard of chiropractic examiners shall have it recorded in the office of thecounty clerk of the county of which he is a resident or in which he practiceschiropractic.
(b) The county clerk shall keep in a book provided for thatpurpose a complete list of all certificates recorded by him, with the date ofissue.
(c) The failure on the part of the holder of a license to haveit recorded shall be sufficient grounds to revoke or cancel said license,provided, however, that before the board shall revoke a license for failure torecord, ten (10) days written notice must be served on the person whose licenseis thus subject to revocation.
33-10-113. Prerequisite for renewal of license; board's power to makeregulations; fees.
(a) Each chiropractor shall, as a prerequisite to annuallicense renewal, submit as a part of the renewal application satisfactoryevidence of a minimum of twelve (12) attendance hours during the preceding yearat one (1) or more chiropractic symposiums. Symposiums approved for licenseespracticing within the state of Wyoming are those sponsored or conducted by anystate chiropractic association, the American Chiropractic Association, or theInternational Chiropractic Association, or an approved chiropractic college,which devote themselves to lectures or demonstrations concerning matters whichare recognized in the state of Wyoming chiropractic laws.
(b) The board shall also adopt rules and regulationsauthorizing the board to grant exceptions to the educational requirements,including but not limited to retired chiropractors, chiropractors who graduatedwithin twelve (12) months of the date of renewal application, or chiropractorswho were unable to obtain the education requirements because of major illness.
(c) All persons practicing chiropractic within this state shallpay on or before June 1 of each year, a renewal license fee in an amountestablished by the board pursuant to W.S. 33-1-201. If any practicingchiropractor fails to pay the renewal license tax imposed by W.S. 33-10-101through 33-10-117 within thirty (30) days after the same is due and payable,the board shall revoke his license. When the license is revoked, it can onlybe restored upon written application therefor and payment to the board of a feeof twice the amount of the renewal fee in effect at the time the restorationapplication is filed.
33-10-114. Disposition of money collected; expenses of board; per diemof members; compensation of secretary-treasurer.
(a) All money shall be received and collected as provided bylaw. The state treasurer shall place ten percent (10%) of the money in thegeneral fund and the remainder in a separate account, and shall pay out of theaccount on warrants drawn by the auditor of the state, upon vouchers issued andsigned by the president and secretary-treasurer of the board. The moneyreceived and placed in the account may be used by the members of the stateboard of chiropractic examiners in defraying their salary, mileage and per diemallowance as hereinafter provided in carrying out the provisions of this act.The secretary-treasurer shall keep an accurate and true account of all moneyreceived and all vouchers issued by the board. He shall, as required by W.S.9-2-1014, report to the governor relative to all proceedings of the board.
(b) The members of the board shall receive ten dollars ($10.00)together with per diem and mileage allowance as allowed to state employees foreach day during which they are actually engaged in the discharge of theirduties. The total expense for every purpose incurred by the board shall notexceed the total of the money collected.
(c) The board may, in its discretion, give thesecretary-treasurer compensation not to exceed two hundred dollars ($200.00)per year for the time spent by him in keeping the accounts of the board,drawing vouchers, or in the preparation of the report to the governor.
33-10-115. Reciprocity with other states.
Personslicensed to practice chiropractic under the laws of any other state havingrequirements equal to those provided for under W.S. 33-10-101 through 33-10-117may, in the discretion of the board, be issued a license to practice in thisstate without examination upon payment of a fee in an amount determined by theboard pursuant to W.S. 33-1-201.
33-10-116. Violation of W.S. 33-10-101 through 33-10-117.
(a) Any person, corporation or association who shall practice,or attempt to practice, chiropractic, or any person who shall buy, sell, orfraudulently obtain any diplomas or licenses to practice chiropractic, or whoshall use the title "doctor of chiropractic", or any word or title toinfluence belief that he is engaged in the practice of chiropractic, withoutfirst complying with the provisions of this act, shall be guilty of amisdemeanor, and upon conviction thereof, shall be punished by a fine of notless than one hundred dollars ($100.00) nor more than five hundred dollars($500.00), or by imprisonment in the county jail for not less than thirty (30)days nor more than six (6) months, or by both fine and imprisonment.
(b) The attorney general, the state board of chiropracticexaminers, any county attorney, or any licensed doctor of chiropractic in thestate of Wyoming, may obtain an injunction in the name of the state of Wyomingupon the relation of such complainant enjoining any person, corporation orassociation and the officer and directors and employees of such corporation orassociation from engaging in the practice of chiropractic without a license andcertificate or violation of any of the provisions of this chapter. The districtcourt of the district in which the offending party resides or the districtcourt of Laramie county shall have original jurisdiction of any such injunctionproceedings. Any defendant who has been so enjoined who shall violate suchinjunction shall be punished for contempt of court by a fine of not less thantwo hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) orby imprisonment in the county jail for not less than six (6) months or not morethan one (1) year, or both. An injunction may be issued without proof of actualdamage sustained and upon proof of one (1) or more acts constituting practiceof chiropractic without a license or in violation of any provision of thischapter.
33-10-117. Restrictions.
Nothingcontained in this act shall be construed to restrain or restrict any legallylicensed physician or surgeon or any legally licensed osteopath, in thepractice of his profession. The practice of chiropractic is hereby declared notto be the practice of medicine, surgery, or osteopathy, within the meaning ofthe laws of the state of Wyoming.
Chiropracticis the system of specific adjustment or manipulation of the joints and tissuesof the body and the treatment of the human body by the application ofmanipulative, manual, mechanical, physiotherapeutic or clinical nutritionalmethods for which those persons licensed under this chapter are trained and mayinclude the use of diagnostic x-rays. A chiropractor may examine, diagnose andtreat patients provided, however, chiropractors shall not perform surgery,direct the use of or administer drugs required by law to be dispensed onprescription only, practice obstetrics or prescribe or administer x-raytherapy.
33-10-102. Board of chiropractic examiners; established; composition;qualifications of members.
Thereis hereby created and established a board to be known as the state board ofchiropractic examiners, which shall be composed of three (3) practicingchiropractors of integrity and ability, who shall be residents of the state ofWyoming, who shall have practiced chiropractic continuously in the state ofWyoming for a period of at least three (3) years and who shall have a diplomafrom a recognized chiropractic school or college.
33-10-103. Board of chiropractic examiners; appointment; term;qualifications; vacancies; removal.
Thegovernor shall appoint three (3) practicing chiropractors, who shall possessthe qualifications specified in W.S. 33-10-102, to constitute the membership ofthe board. Members shall be appointed to a term of three (3) years, exceptthat initial terms shall be staggered so that annually thereafter the governorshall appoint one (1) member who shall be a licensed chiropractic practitionerpossessing the qualifications specified in W.S. 33-10-102, and who shall servefor a period of three (3) years or until his successor is appointed. Thegovernor shall fill all vacancies occurring in the board. The governor mayremove any board member as provided in W.S. 9-1-202.
33-10-104. Board of chiropractic examiners; meetings; procedure;records; members to be licensed.
(a) The board of examiners shall convene within thirty (30)days after the appointment of its members and shall elect from its membership apresident, vice-president and secretary-treasurer. The board shall hold aregular meeting once each year at the capitol of the state, the date to be setby the board at its first meeting. The board shall hold special meetings atsuch times and places as a majority of the members thereof may designate,provided that not more than three (3) meetings shall be held in any one (1)year. A majority of the board shall constitute a quorum. The board shall haveauthority to administer oaths, take affidavits, summon witnesses and taketestimony as to matters coming within the scope of its duties. It shall adopt aseal, which shall be affixed to all licenses issued by it and shall from timeto time adopt rules and regulations as are proper and necessary for theperformance of its duties. It shall adopt a schedule of minimum educationalrequirements not inconsistent with the provisions of this law, which shall bewithout prejudice, partiality or discrimination as to the standard schools ofchiropractic. The secretary of said board shall keep a record of theproceedings of the board, which shall at all times be open to public inspection.The board shall also have on file with the secretary of state for publicinspection a copy of its rules and regulations.
(b) A license to practice chiropractic within this state shallbe issued to the individual members of said board at first meeting, uponpayment by each board member of the regular fee, as provided for in this act.
33-10-105. License required.
Itshall be unlawful for any person to practice chiropractic in this state withoutfirst obtaining a license, as provided for in this act.
33-10-106. Application for license; educational requirements; fees.
Anyperson wishing to practice chiropractic in this state shall make application tothe board of chiropractic examiners, through the secretary-treasurer thereof,upon such form and in such manner as may be prescribed and directed by theboard, at least fifteen (15) days prior to any meeting of the board. Eachapplicant shall be a graduate of a recognized school of chiropractic, in whichhe actually attended a course of study for at least four (4) years of nine (9)months each, preceded by a four-year high school course or its equivalent, andat least two (2) years of study in either a course of liberal arts or scienceat the University of Wyoming or in a college or university accredited by theboard. Application shall be in writing and shall be signed by the applicant andsworn to before some officer authorized to administer oaths. There shall bepaid by each applicant a license fee in an amount established by the boardpursuant to W.S. 33-1-201 which fee shall accompany the application.
33-10-107. Time, place and subjects for examinations; reexamination.
(a) Examinations for license to practice chiropractic shall begiven by the board at such times and places as it shall determine, and shall begiven according to the method deemed by the board to be the most practicableand expeditious to test the applicant's qualifications. The secretary shalldesignate each applicant by a number instead of by name, so that his identitywill not be disclosed to the members of the board until after the examinationpapers are graded.
(b) All examinations shall be made in writing and shall includethe following subjects: principles and practice of chiropractic; sanitation,and hygiene, anatomy, physiology, symptomatology, diagnosis, chiropractic,orthopedy, pathology, and urinalysis. In addition the applicant must also givea clinical demonstration of vertebrae palpation, nerve tracing and adjusting,satisfactory to the board. Additional subjects may be prescribed from time totime by the board to meet with new conditions.
(c) A license shall be granted to all applicants who shallcorrectly answer seventy-five percent (75%) of all questions asked, but if anyapplicant shall fail to answer correctly sixty percent (60%) of the questionsin any one (1) subject of said examination, regardless of what his averagegrade might be, he or she shall not be entitled to a license. An applicant whofails to pass the examination may take a second examination at any time withinone (1) year from and after his first failure without the payment of anyadditional fees.
33-10-108. Duties and authority of practitioners.
Chiropracticpractitioners shall observe and be subject to all state and municipalregulations relating to the control of contagious and infectious diseases,shall be permitted to sign death certificates, and shall, as to any and allmatters pertaining to public health, report to the proper health officers thesame as other practitioners.
33-10-109. Title of practitioners.
Chiropractorslicensed under this act shall have the right to practice chiropractic inaccordance with the method taught in the chiropractic schools and collegesrecognized by the chiropractic board of examiners of this state. The prefix"Dr." or "doctor" shall not appear on any display signbefore the name of the practitioner; but shall appear in connection with thetitle "doctor of chiropractic". Said title shall appear in same sizetype as name of practitioner.
33-10-110. Prohibited acts; refusal, revocation or suspension oflicense; appeals.
(a) It shall be unlawful for any holder of a license accordingto this chapter to commit any of the following acts:
(i) To use any false, fraudulent or forged statement ordocument, or any fraudulent, deceitful, dishonest or immoral practice, inconnection with any of the licensing requirements;
(ii) To perform or attempt to perform an unlawful abortion orassist or advise the performance of any unlawful abortion;
(iii) To commit or be convicted of a felony;
(iv) To become addicted to a drug or intoxicant to such a degreeas to render the licensee unsafe or unfit to practice chiropractic;
(v) To practice chiropractic while having any physical ormental disability which renders the practice of chiropractic dangerous;
(vi) To be guilty of any dishonest, unethical or unprofessionalconduct likely to deceive, defraud or harm the public;
(vii) To use willfully any false or fraudulent statement in anydocument connected with the practice of chiropractic;
(viii) To knowingly perform any act which in any way assists anunlicensed person to practice chiropractic;
(ix) To violate or attempt to violate, directly or indirectly orassist in or abet the violation or conspiring to violate any provision or termsof the Chiropractic Practice Act;
(x) To practice chiropractic while adjudged mentallyincompetent or insane;
(xi) To practice chiropractic under a false or assumed name;
(xii) To advertise the practice of chiropractic in any unethicalor unprofessional manner;
(xiii) To obtain a fee as personal compensation or gain to anemployer or for a person on fraudulent representation that a manifestlyincurable condition can be permanently cured; or
(xiv) To willfully violate any privileged communication.
(b) The board shall refuse to issue a license or certificate toany applicant proved guilty of any of the acts stated in section (a), and theboard may revoke the license and certificate or suspend the license and certificateof any licensee proved guilty of any of the acts stated in section (a).
(c) Before refusing, revoking or suspending any license orcertificate for any of the causes stated in section (a), the board shall givenotice in writing by mailing by United States registered mail to the licenseeor applicant at his last known address in Wyoming a statement of the nature ofthe offense charged. The licensee or applicant shall have thirty (30) daysafter mailing of the notice to file with the board a written statement of thenature of his defense. If no defense shall have been filed, the board shallproceed ex parte forthwith to hear proof of the charge, and, if proven, shallrefuse, suspend or revoke the license and certificate. If the licensee orapplicant shall file a defense, the matter forthwith shall be set for hearingby the board.
(d) At the hearing, the board shall be represented and advisedby the attorney general and any complainant, applicant or licensee may berepresented by counsel. The board and any complainant, applicant or licenseeshall have the power to require by subpoena the attendance and testimony ofwitnesses and the production of papers. The fees and mileage for witnessesshall be the same as prescribed by law for trial by district courts in civilcases. In case of disobedience to a subpoena, the aid of any court of competentjurisdiction may be invoked and such court may issue an order requiring thewitness to appear before the board and give evidence and to produce papers andany failure to obey such order of the court may be punished by the court as acontempt thereof. The testimony at the hearing shall be recorded in shorthandor by some other generally used method of taking and recording testimony ifrequired by the board or demanded by the complainant, applicant or licensee,provided that the board or party making such demand shall arrange and pay forthe same.
(e) Within thirty (30) days after the hearing, the board shallmake its order in writing stating its decision. The complainant, applicant orlicensee may appeal from such order to the district court in which he residesor to the district court of Laramie county by filing with the board withinfifteen (15) days thereafter a written notice of appeal. Within thirty (30) daysafter receipt of the notice of appeal, unless the time shall be extended byorder of the court appealed to, the board shall certify and deliver to thedistrict court appealed to the original statement of the nature of the offensecharged and the defense, or true and certified copies thereof. The appellantshall have five (5) days thereafter to perfect his appeal by filing with theclerk of the district court and with the board and any other parties a copy ofthe notice of appeal and a petition stating the grounds for the appeal, and ifappellant shall fail to do so within the time fixed, the appeal shall bedismissed with prejudice by the court. The order shall remain in effect duringthe appeal unless the judge of the district court appealed to at any time aftermaking of the order by the board, after three (3) days notice to the boardgiving an opportunity to be heard with respect thereto, shall fix a bond in asum to be determined by the court in favor of the people of the state ofWyoming and conditioned upon the faithful performance of the requirements ofhis license during the appeal. Said bond shall be for the benefit of anypersons damaged by any act of the appellant during the appeal or any time priorthereto, and any person so damaged may bring an action against the appellantand the sureties on the bond. Trial before the district court on said appealshall be de novo and without a jury. The judgment of the district court may beappealed to the supreme court in the manner provided by law for appeal of civilmatters.
(f) 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.
33-10-111. Appeal from decision of board.
Anyperson feeling himself aggrieved by the decision of the board may have anappeal to the district court of the county wherein his license to practice isof record. The manner and procedure of appeal shall be the same as thatprovided by law in the cases of appeals from a circuit court to the districtcourt.
33-10-112. License to be recorded; failure to record.
(a) Every person who shall receive a license from the stateboard of chiropractic examiners shall have it recorded in the office of thecounty clerk of the county of which he is a resident or in which he practiceschiropractic.
(b) The county clerk shall keep in a book provided for thatpurpose a complete list of all certificates recorded by him, with the date ofissue.
(c) The failure on the part of the holder of a license to haveit recorded shall be sufficient grounds to revoke or cancel said license,provided, however, that before the board shall revoke a license for failure torecord, ten (10) days written notice must be served on the person whose licenseis thus subject to revocation.
33-10-113. Prerequisite for renewal of license; board's power to makeregulations; fees.
(a) Each chiropractor shall, as a prerequisite to annuallicense renewal, submit as a part of the renewal application satisfactoryevidence of a minimum of twelve (12) attendance hours during the preceding yearat one (1) or more chiropractic symposiums. Symposiums approved for licenseespracticing within the state of Wyoming are those sponsored or conducted by anystate chiropractic association, the American Chiropractic Association, or theInternational Chiropractic Association, or an approved chiropractic college,which devote themselves to lectures or demonstrations concerning matters whichare recognized in the state of Wyoming chiropractic laws.
(b) The board shall also adopt rules and regulationsauthorizing the board to grant exceptions to the educational requirements,including but not limited to retired chiropractors, chiropractors who graduatedwithin twelve (12) months of the date of renewal application, or chiropractorswho were unable to obtain the education requirements because of major illness.
(c) All persons practicing chiropractic within this state shallpay on or before June 1 of each year, a renewal license fee in an amountestablished by the board pursuant to W.S. 33-1-201. If any practicingchiropractor fails to pay the renewal license tax imposed by W.S. 33-10-101through 33-10-117 within thirty (30) days after the same is due and payable,the board shall revoke his license. When the license is revoked, it can onlybe restored upon written application therefor and payment to the board of a feeof twice the amount of the renewal fee in effect at the time the restorationapplication is filed.
33-10-114. Disposition of money collected; expenses of board; per diemof members; compensation of secretary-treasurer.
(a) All money shall be received and collected as provided bylaw. The state treasurer shall place ten percent (10%) of the money in thegeneral fund and the remainder in a separate account, and shall pay out of theaccount on warrants drawn by the auditor of the state, upon vouchers issued andsigned by the president and secretary-treasurer of the board. The moneyreceived and placed in the account may be used by the members of the stateboard of chiropractic examiners in defraying their salary, mileage and per diemallowance as hereinafter provided in carrying out the provisions of this act.The secretary-treasurer shall keep an accurate and true account of all moneyreceived and all vouchers issued by the board. He shall, as required by W.S.9-2-1014, report to the governor relative to all proceedings of the board.
(b) The members of the board shall receive ten dollars ($10.00)together with per diem and mileage allowance as allowed to state employees foreach day during which they are actually engaged in the discharge of theirduties. The total expense for every purpose incurred by the board shall notexceed the total of the money collected.
(c) The board may, in its discretion, give thesecretary-treasurer compensation not to exceed two hundred dollars ($200.00)per year for the time spent by him in keeping the accounts of the board,drawing vouchers, or in the preparation of the report to the governor.
33-10-115. Reciprocity with other states.
Personslicensed to practice chiropractic under the laws of any other state havingrequirements equal to those provided for under W.S. 33-10-101 through 33-10-117may, in the discretion of the board, be issued a license to practice in thisstate without examination upon payment of a fee in an amount determined by theboard pursuant to W.S. 33-1-201.
33-10-116. Violation of W.S. 33-10-101 through 33-10-117.
(a) Any person, corporation or association who shall practice,or attempt to practice, chiropractic, or any person who shall buy, sell, orfraudulently obtain any diplomas or licenses to practice chiropractic, or whoshall use the title "doctor of chiropractic", or any word or title toinfluence belief that he is engaged in the practice of chiropractic, withoutfirst complying with the provisions of this act, shall be guilty of amisdemeanor, and upon conviction thereof, shall be punished by a fine of notless than one hundred dollars ($100.00) nor more than five hundred dollars($500.00), or by imprisonment in the county jail for not less than thirty (30)days nor more than six (6) months, or by both fine and imprisonment.
(b) The attorney general, the state board of chiropracticexaminers, any county attorney, or any licensed doctor of chiropractic in thestate of Wyoming, may obtain an injunction in the name of the state of Wyomingupon the relation of such complainant enjoining any person, corporation orassociation and the officer and directors and employees of such corporation orassociation from engaging in the practice of chiropractic without a license andcertificate or violation of any of the provisions of this chapter. The districtcourt of the district in which the offending party resides or the districtcourt of Laramie county shall have original jurisdiction of any such injunctionproceedings. Any defendant who has been so enjoined who shall violate suchinjunction shall be punished for contempt of court by a fine of not less thantwo hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) orby imprisonment in the county jail for not less than six (6) months or not morethan one (1) year, or both. An injunction may be issued without proof of actualdamage sustained and upon proof of one (1) or more acts constituting practiceof chiropractic without a license or in violation of any provision of thischapter.
33-10-117. Restrictions.
Nothingcontained in this act shall be construed to restrain or restrict any legallylicensed physician or surgeon or any legally licensed osteopath, in thepractice of his profession. The practice of chiropractic is hereby declared notto be the practice of medicine, surgery, or osteopathy, within the meaning ofthe laws of the state of Wyoming.
Chiropracticis the system of specific adjustment or manipulation of the joints and tissuesof the body and the treatment of the human body by the application ofmanipulative, manual, mechanical, physiotherapeutic or clinical nutritionalmethods for which those persons licensed under this chapter are trained and mayinclude the use of diagnostic x-rays. A chiropractor may examine, diagnose andtreat patients provided, however, chiropractors shall not perform surgery,direct the use of or administer drugs required by law to be dispensed onprescription only, practice obstetrics or prescribe or administer x-raytherapy.
33-10-102. Board of chiropractic examiners; established; composition;qualifications of members.
Thereis hereby created and established a board to be known as the state board ofchiropractic examiners, which shall be composed of three (3) practicingchiropractors of integrity and ability, who shall be residents of the state ofWyoming, who shall have practiced chiropractic continuously in the state ofWyoming for a period of at least three (3) years and who shall have a diplomafrom a recognized chiropractic school or college.
33-10-103. Board of chiropractic examiners; appointment; term;qualifications; vacancies; removal.
Thegovernor shall appoint three (3) practicing chiropractors, who shall possessthe qualifications specified in W.S. 33-10-102, to constitute the membership ofthe board. Members shall be appointed to a term of three (3) years, exceptthat initial terms shall be staggered so that annually thereafter the governorshall appoint one (1) member who shall be a licensed chiropractic practitionerpossessing the qualifications specified in W.S. 33-10-102, and who shall servefor a period of three (3) years or until his successor is appointed. Thegovernor shall fill all vacancies occurring in the board. The governor mayremove any board member as provided in W.S. 9-1-202.
33-10-104. Board of chiropractic examiners; meetings; procedure;records; members to be licensed.
(a) The board of examiners shall convene within thirty (30)days after the appointment of its members and shall elect from its membership apresident, vice-president and secretary-treasurer. The board shall hold aregular meeting once each year at the capitol of the state, the date to be setby the board at its first meeting. The board shall hold special meetings atsuch times and places as a majority of the members thereof may designate,provided that not more than three (3) meetings shall be held in any one (1)year. A majority of the board shall constitute a quorum. The board shall haveauthority to administer oaths, take affidavits, summon witnesses and taketestimony as to matters coming within the scope of its duties. It shall adopt aseal, which shall be affixed to all licenses issued by it and shall from timeto time adopt rules and regulations as are proper and necessary for theperformance of its duties. It shall adopt a schedule of minimum educationalrequirements not inconsistent with the provisions of this law, which shall bewithout prejudice, partiality or discrimination as to the standard schools ofchiropractic. The secretary of said board shall keep a record of theproceedings of the board, which shall at all times be open to public inspection.The board shall also have on file with the secretary of state for publicinspection a copy of its rules and regulations.
(b) A license to practice chiropractic within this state shallbe issued to the individual members of said board at first meeting, uponpayment by each board member of the regular fee, as provided for in this act.
33-10-105. License required.
Itshall be unlawful for any person to practice chiropractic in this state withoutfirst obtaining a license, as provided for in this act.
33-10-106. Application for license; educational requirements; fees.
Anyperson wishing to practice chiropractic in this state shall make application tothe board of chiropractic examiners, through the secretary-treasurer thereof,upon such form and in such manner as may be prescribed and directed by theboard, at least fifteen (15) days prior to any meeting of the board. Eachapplicant shall be a graduate of a recognized school of chiropractic, in whichhe actually attended a course of study for at least four (4) years of nine (9)months each, preceded by a four-year high school course or its equivalent, andat least two (2) years of study in either a course of liberal arts or scienceat the University of Wyoming or in a college or university accredited by theboard. Application shall be in writing and shall be signed by the applicant andsworn to before some officer authorized to administer oaths. There shall bepaid by each applicant a license fee in an amount established by the boardpursuant to W.S. 33-1-201 which fee shall accompany the application.
33-10-107. Time, place and subjects for examinations; reexamination.
(a) Examinations for license to practice chiropractic shall begiven by the board at such times and places as it shall determine, and shall begiven according to the method deemed by the board to be the most practicableand expeditious to test the applicant's qualifications. The secretary shalldesignate each applicant by a number instead of by name, so that his identitywill not be disclosed to the members of the board until after the examinationpapers are graded.
(b) All examinations shall be made in writing and shall includethe following subjects: principles and practice of chiropractic; sanitation,and hygiene, anatomy, physiology, symptomatology, diagnosis, chiropractic,orthopedy, pathology, and urinalysis. In addition the applicant must also givea clinical demonstration of vertebrae palpation, nerve tracing and adjusting,satisfactory to the board. Additional subjects may be prescribed from time totime by the board to meet with new conditions.
(c) A license shall be granted to all applicants who shallcorrectly answer seventy-five percent (75%) of all questions asked, but if anyapplicant shall fail to answer correctly sixty percent (60%) of the questionsin any one (1) subject of said examination, regardless of what his averagegrade might be, he or she shall not be entitled to a license. An applicant whofails to pass the examination may take a second examination at any time withinone (1) year from and after his first failure without the payment of anyadditional fees.
33-10-108. Duties and authority of practitioners.
Chiropracticpractitioners shall observe and be subject to all state and municipalregulations relating to the control of contagious and infectious diseases,shall be permitted to sign death certificates, and shall, as to any and allmatters pertaining to public health, report to the proper health officers thesame as other practitioners.
33-10-109. Title of practitioners.
Chiropractorslicensed under this act shall have the right to practice chiropractic inaccordance with the method taught in the chiropractic schools and collegesrecognized by the chiropractic board of examiners of this state. The prefix"Dr." or "doctor" shall not appear on any display signbefore the name of the practitioner; but shall appear in connection with thetitle "doctor of chiropractic". Said title shall appear in same sizetype as name of practitioner.
33-10-110. Prohibited acts; refusal, revocation or suspension oflicense; appeals.
(a) It shall be unlawful for any holder of a license accordingto this chapter to commit any of the following acts:
(i) To use any false, fraudulent or forged statement ordocument, or any fraudulent, deceitful, dishonest or immoral practice, inconnection with any of the licensing requirements;
(ii) To perform or attempt to perform an unlawful abortion orassist or advise the performance of any unlawful abortion;
(iii) To commit or be convicted of a felony;
(iv) To become addicted to a drug or intoxicant to such a degreeas to render the licensee unsafe or unfit to practice chiropractic;
(v) To practice chiropractic while having any physical ormental disability which renders the practice of chiropractic dangerous;
(vi) To be guilty of any dishonest, unethical or unprofessionalconduct likely to deceive, defraud or harm the public;
(vii) To use willfully any false or fraudulent statement in anydocument connected with the practice of chiropractic;
(viii) To knowingly perform any act which in any way assists anunlicensed person to practice chiropractic;
(ix) To violate or attempt to violate, directly or indirectly orassist in or abet the violation or conspiring to violate any provision or termsof the Chiropractic Practice Act;
(x) To practice chiropractic while adjudged mentallyincompetent or insane;
(xi) To practice chiropractic under a false or assumed name;
(xii) To advertise the practice of chiropractic in any unethicalor unprofessional manner;
(xiii) To obtain a fee as personal compensation or gain to anemployer or for a person on fraudulent representation that a manifestlyincurable condition can be permanently cured; or
(xiv) To willfully violate any privileged communication.
(b) The board shall refuse to issue a license or certificate toany applicant proved guilty of any of the acts stated in section (a), and theboard may revoke the license and certificate or suspend the license and certificateof any licensee proved guilty of any of the acts stated in section (a).
(c) Before refusing, revoking or suspending any license orcertificate for any of the causes stated in section (a), the board shall givenotice in writing by mailing by United States registered mail to the licenseeor applicant at his last known address in Wyoming a statement of the nature ofthe offense charged. The licensee or applicant shall have thirty (30) daysafter mailing of the notice to file with the board a written statement of thenature of his defense. If no defense shall have been filed, the board shallproceed ex parte forthwith to hear proof of the charge, and, if proven, shallrefuse, suspend or revoke the license and certificate. If the licensee orapplicant shall file a defense, the matter forthwith shall be set for hearingby the board.
(d) At the hearing, the board shall be represented and advisedby the attorney general and any complainant, applicant or licensee may berepresented by counsel. The board and any complainant, applicant or licenseeshall have the power to require by subpoena the attendance and testimony ofwitnesses and the production of papers. The fees and mileage for witnessesshall be the same as prescribed by law for trial by district courts in civilcases. In case of disobedience to a subpoena, the aid of any court of competentjurisdiction may be invoked and such court may issue an order requiring thewitness to appear before the board and give evidence and to produce papers andany failure to obey such order of the court may be punished by the court as acontempt thereof. The testimony at the hearing shall be recorded in shorthandor by some other generally used method of taking and recording testimony ifrequired by the board or demanded by the complainant, applicant or licensee,provided that the board or party making such demand shall arrange and pay forthe same.
(e) Within thirty (30) days after the hearing, the board shallmake its order in writing stating its decision. The complainant, applicant orlicensee may appeal from such order to the district court in which he residesor to the district court of Laramie county by filing with the board withinfifteen (15) days thereafter a written notice of appeal. Within thirty (30) daysafter receipt of the notice of appeal, unless the time shall be extended byorder of the court appealed to, the board shall certify and deliver to thedistrict court appealed to the original statement of the nature of the offensecharged and the defense, or true and certified copies thereof. The appellantshall have five (5) days thereafter to perfect his appeal by filing with theclerk of the district court and with the board and any other parties a copy ofthe notice of appeal and a petition stating the grounds for the appeal, and ifappellant shall fail to do so within the time fixed, the appeal shall bedismissed with prejudice by the court. The order shall remain in effect duringthe appeal unless the judge of the district court appealed to at any time aftermaking of the order by the board, after three (3) days notice to the boardgiving an opportunity to be heard with respect thereto, shall fix a bond in asum to be determined by the court in favor of the people of the state ofWyoming and conditioned upon the faithful performance of the requirements ofhis license during the appeal. Said bond shall be for the benefit of anypersons damaged by any act of the appellant during the appeal or any time priorthereto, and any person so damaged may bring an action against the appellantand the sureties on the bond. Trial before the district court on said appealshall be de novo and without a jury. The judgment of the district court may beappealed to the supreme court in the manner provided by law for appeal of civilmatters.
(f) 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.
33-10-111. Appeal from decision of board.
Anyperson feeling himself aggrieved by the decision of the board may have anappeal to the district court of the county wherein his license to practice isof record. The manner and procedure of appeal shall be the same as thatprovided by law in the cases of appeals from a circuit court to the districtcourt.
33-10-112. License to be recorded; failure to record.
(a) Every person who shall receive a license from the stateboard of chiropractic examiners shall have it recorded in the office of thecounty clerk of the county of which he is a resident or in which he practiceschiropractic.
(b) The county clerk shall keep in a book provided for thatpurpose a complete list of all certificates recorded by him, with the date ofissue.
(c) The failure on the part of the holder of a license to haveit recorded shall be sufficient grounds to revoke or cancel said license,provided, however, that before the board shall revoke a license for failure torecord, ten (10) days written notice must be served on the person whose licenseis thus subject to revocation.
33-10-113. Prerequisite for renewal of license; board's power to makeregulations; fees.
(a) Each chiropractor shall, as a prerequisite to annuallicense renewal, submit as a part of the renewal application satisfactoryevidence of a minimum of twelve (12) attendance hours during the preceding yearat one (1) or more chiropractic symposiums. Symposiums approved for licenseespracticing within the state of Wyoming are those sponsored or conducted by anystate chiropractic association, the American Chiropractic Association, or theInternational Chiropractic Association, or an approved chiropractic college,which devote themselves to lectures or demonstrations concerning matters whichare recognized in the state of Wyoming chiropractic laws.
(b) The board shall also adopt rules and regulationsauthorizing the board to grant exceptions to the educational requirements,including but not limited to retired chiropractors, chiropractors who graduatedwithin twelve (12) months of the date of renewal application, or chiropractorswho were unable to obtain the education requirements because of major illness.
(c) All persons practicing chiropractic within this state shallpay on or before June 1 of each year, a renewal license fee in an amountestablished by the board pursuant to W.S. 33-1-201. If any practicingchiropractor fails to pay the renewal license tax imposed by W.S. 33-10-101through 33-10-117 within thirty (30) days after the same is due and payable,the board shall revoke his license. When the license is revoked, it can onlybe restored upon written application therefor and payment to the board of a feeof twice the amount of the renewal fee in effect at the time the restorationapplication is filed.
33-10-114. Disposition of money collected; expenses of board; per diemof members; compensation of secretary-treasurer.
(a) All money shall be received and collected as provided bylaw. The state treasurer shall place ten percent (10%) of the money in thegeneral fund and the remainder in a separate account, and shall pay out of theaccount on warrants drawn by the auditor of the state, upon vouchers issued andsigned by the president and secretary-treasurer of the board. The moneyreceived and placed in the account may be used by the members of the stateboard of chiropractic examiners in defraying their salary, mileage and per diemallowance as hereinafter provided in carrying out the provisions of this act.The secretary-treasurer shall keep an accurate and true account of all moneyreceived and all vouchers issued by the board. He shall, as required by W.S.9-2-1014, report to the governor relative to all proceedings of the board.
(b) The members of the board shall receive ten dollars ($10.00)together with per diem and mileage allowance as allowed to state employees foreach day during which they are actually engaged in the discharge of theirduties. The total expense for every purpose incurred by the board shall notexceed the total of the money collected.
(c) The board may, in its discretion, give thesecretary-treasurer compensation not to exceed two hundred dollars ($200.00)per year for the time spent by him in keeping the accounts of the board,drawing vouchers, or in the preparation of the report to the governor.
33-10-115. Reciprocity with other states.
Personslicensed to practice chiropractic under the laws of any other state havingrequirements equal to those provided for under W.S. 33-10-101 through 33-10-117may, in the discretion of the board, be issued a license to practice in thisstate without examination upon payment of a fee in an amount determined by theboard pursuant to W.S. 33-1-201.
33-10-116. Violation of W.S. 33-10-101 through 33-10-117.
(a) Any person, corporation or association who shall practice,or attempt to practice, chiropractic, or any person who shall buy, sell, orfraudulently obtain any diplomas or licenses to practice chiropractic, or whoshall use the title "doctor of chiropractic", or any word or title toinfluence belief that he is engaged in the practice of chiropractic, withoutfirst complying with the provisions of this act, shall be guilty of amisdemeanor, and upon conviction thereof, shall be punished by a fine of notless than one hundred dollars ($100.00) nor more than five hundred dollars($500.00), or by imprisonment in the county jail for not less than thirty (30)days nor more than six (6) months, or by both fine and imprisonment.
(b) The attorney general, the state board of chiropracticexaminers, any county attorney, or any licensed doctor of chiropractic in thestate of Wyoming, may obtain an injunction in the name of the state of Wyomingupon the relation of such complainant enjoining any person, corporation orassociation and the officer and directors and employees of such corporation orassociation from engaging in the practice of chiropractic without a license andcertificate or violation of any of the provisions of this chapter. The districtcourt of the district in which the offending party resides or the districtcourt of Laramie county shall have original jurisdiction of any such injunctionproceedings. Any defendant who has been so enjoined who shall violate suchinjunction shall be punished for contempt of court by a fine of not less thantwo hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) orby imprisonment in the county jail for not less than six (6) months or not morethan one (1) year, or both. An injunction may be issued without proof of actualdamage sustained and upon proof of one (1) or more acts constituting practiceof chiropractic without a license or in violation of any provision of thischapter.
33-10-117. Restrictions.
Nothingcontained in this act shall be construed to restrain or restrict any legallylicensed physician or surgeon or any legally licensed osteopath, in thepractice of his profession. The practice of chiropractic is hereby declared notto be the practice of medicine, surgery, or osteopathy, within the meaning ofthe laws of the state of Wyoming.
