State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter27

CHAPTER 27 - PSYCHOLOGISTS

 

33-27-101. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-102. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-103. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-104. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-105. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-106. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-107. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-108. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-109. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-110. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-111. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-112. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-113. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofpsychology;

 

(ii) "Institution of higher education" means anyregionally accredited institution of higher education in the United States,including a professional school, that offers a full-time doctoral course ofstudy in psychology as defined in the rules of the board. For Canadian universities,it means an institution of higher education that holds recognized membership inthe association of universities and colleges of Canada. Institutions of highereducation outside the United States and Canada will be evaluated on acase-by-case basis by the board;

 

(iii) "Practice of psychology" means the observation,description, evaluation, interpretation and modification of human behavior bythe application of psychological principles, methods and procedures, for thepurpose of any one (1) or any combination of the following:

 

(A) Preventing, eliminating, evaluating or assessingsymptomatic, maladaptive or undesired behavior;

 

(B) Enhancing interpersonal relationships, work and lifeadjustment, personal effectiveness, behavioral health and mental health;

 

(C) Consulting in legal decision making;

 

(D) Psychological testing and the evaluation or assessment ofpersonal characteristics such as intelligence, personality, abilities,interests, aptitudes and neuropsychological functioning;

 

(E) Psychoanalysis, psychotherapy, hypnosis, biofeedback andbehavior analysis and therapy;

 

(F) Diagnosis and treatment of mental and emotional disorder ordisability, alcoholism and substance abuse, disorders of habit or conduct, aswell as of psychological aspects of physical illness, accident, injury ordisability;

 

(G) Psychoeducational evaluation, therapy, remediation andconsultation.

 

(iv) "Practice of school psychology" means renderingor offering to render to individuals, groups, organizations, government agenciesor the public any of the following services:

 

(A) Evaluation, diagnosis, or test interpretation limited toassessment of intellectual ability, learning patterns, achievement, motivation,personality or neurological factors directly related to learning problems in aneducational setting;

 

(B) Counseling services for children or adults for ameliorationor prevention of educationally related learning problems.

 

(v) "Psychologist" means a person licensed topractice psychology;

 

(vi) "Representation as a psychologist or schoolpsychologist" means using any title or description of servicesincorporating the words psychology, psychological or psychologist;

 

(vii) Repealed By Laws 2009, Ch. 154, 2.

 

(viii) "Sexual exploitation of a client or patient"means:

 

(A) Any verbal behavior by a psychologist or schoolpsychologist which involves offers of exchange of professional services forsome form of sexual gratification; or

 

(B) Unlawful or unprofessional sexual contact with a client orpatient.

 

(ix) "Specialist in school psychology" means a personwho holds at least a masters degree in school psychology or a degree consideredequivalent by the board as described in the rules and regulations and who iscertified by the board;

 

(x) "This act" means W.S. 33-27-113 through33-27-123.

 

(b) A person not otherwise exempt from this act is engaged inthe practice of psychology when the person advertises or represents that he isauthorized to practice psychology and performs any of the activities enumeratedin paragraph (a)(iii) of this section without regard to whether payment isreceived for services rendered.

 

33-27-114. Exemptions.

 

(a) Nothing in this act shall be construed to prevent membersof other recognized professions who are licensed, certified or regulated underthe laws of this state as defined in the rules and regulations from renderingservices consistent with their professional training and code of ethics,provided that they do not represent themselves to be psychologists.

 

(b) Individuals who have been certified as school psychologistsby the Wyoming professional teaching standards board shall be permitted to usethe terms "school psychologist" or "certified schoolpsychologist" within the school setting. Those persons shall be restrictedin their practice to employment within schools and educational institutions andthose settings under the purview of the professional teaching standards boardunless they are also licensed under this act or licensed under W.S. 33-38-101through 33-38-110.

 

(c) Duly recognized members of the clergy shall not berestricted from functioning in their ministerial capacity, provided they do notrepresent themselves to be psychologists.

 

(d) Nothing in this act shall be construed to prevent theteaching of psychology, the conducting of psychological research, or theprovision of industrial or organizational consultation provided that suchteaching, research or consultation does not involve the delivery or supervisionof direct psychological services to individuals who are themselves rather thana third party the intended beneficiaries of the services without regard to thesource or extent of payment for services rendered. Nothing in this act shallprevent the provision of expert testimony by psychologists who are exempted bythis act. Persons holding an earned doctoral degree in psychology from aninstitution of higher education may use the title "psychologist" inconjunction with the activities permitted in this subsection.

 

(e) Nothing in this act shall be construed to prevent thepersons described in this subsection from engaging in activities defined as thepractice of psychology, provided that the persons shall not representthemselves by the title "psychologist." The persons may use theterms "psychological trainee," "psychological intern,""psychological resident" or "psychological practitioner"and shall perform their activities under the supervision and responsibility ofa licensed psychologist in accordance with the rules promulgated by the board.This subsection shall only apply to:

 

(i) A matriculated graduate student in psychology whoseactivities constitute a part of the course of study for a graduate degree inpsychology at an institution of higher education;

 

(ii) An individual pursuing postdoctoral training or experiencein psychology, including persons seeking to fulfill the requirements forlicensure under the provisions of this act; or

 

(iii) A qualified practitioner holding a master's degree ordoctoral degree in psychology from a program approved by the board whileworking under the supervision of a licensed psychologist. The board, in itsrules and regulations, shall establish:

 

(A) The qualifications for use of the title "psychologicalpractitioner";

 

(B) The number of practitioners that a psychologist may employ;

 

(C) Conditions under which they may practice;

 

(D) The process of certification with the board; and

 

(E) Appropriate fees.

 

(f) Nothing in this act shall be construed to preventspecialists in school psychology from engaging in activities defined as thepractice of school psychology, provided that they shall not representthemselves by the title "psychologist." These persons may performtheir activities under the supervision and responsibility of a psychologist inaccordance with the rules promulgated by the board. The board, in its rulesand regulations, shall establish:

 

(i) Qualifications for use of the title "specialist inschool psychology";

 

(ii) The number of specialists that a psychologist may employ;

 

(iii) Conditions under which they may be supervised or practice;

 

(iv) The process of certification with the board; and

 

(v) Appropriate fees.

 

(g) Nothing in this act may be construed to require employeesor contractors of a state agency to be licensed under this act in order toperform their official duties related to the evaluation, auditing or designingof programs, provided those employees or contractors do not hold themselves outto be psychologists.

 

33-27-115. State board of psychology.

 

(a) The Wyoming state board of psychology shall consist of six(6) licensed psychologists, one (1) psychological practitioner and two (2)public members appointed by the governor. Each member shall be a resident ofthis state. Each member who is a psychologist shall be licensed under this actand shall have a minimum of three (3) years of post-licensure experience. Atleast one (1) member who is a psychologist shall be engaged full time in thedoctoral teaching and training of psychologists, and at least two (2) memberswho are psychologists shall be engaged full time in the professional practiceof psychology. The psychological practitioner shall have a minimum of three (3)years post-certification experience. The composition of the board shall representboth the public and private sectors of the practice of psychology. Publicmembers shall not be psychologists, psychological practitioners, applicants orformer applicants for licensure or certification under this act, members ofanother health profession, or members of a household that includes a personlicensed or certified under this act. Board members shall be appointed who arefree from conflict of interest in performing the duties of the board.

 

(b) Before making appointment to the board, the governor shallsolicit a list of nominations from the Wyoming psychological association but isnot limited to appointing board members from that list. The appointments shallbe with the advice and consent of the senate in accordance with W.S. 28-12-101through 28-12-103.

 

(c) The term of office shall be five (5) years with provisionfor reappointment for one (1) additional term. A member may be reappointed foran additional two (2) terms after at least two (2) years off the board. Theboard as first constituted shall have staggered terms as follows:

 

(i) Three (3) members, one (1) of whom is a public member,appointed for five (5) years;

 

(ii) Three (3) members appointed for four (4) years;

 

(iii) Two (2) members appointed for three (3) years; and

 

(iv) One (1) member appointed for two (2) years.

 

(d) The governor may remove any board member pursuant to W.S.9-1-202. Any vacancy in the membership of the board occurring other than byexpiration of term shall be filled by appointment by the governor for theunexpired term.

 

(e) Board members shall serve without compensation other thanper diem and mileage allowance as allowed to state employees for theperformance of their duties.

 

33-27-116. Powers and duties of the board.

 

(a) In accordance with this act and rules and regulationspromulgated under it, the board shall determine a person's initial andcontinuing qualifications and fitness to practice psychology, proceed againstthe unlawful and unlicensed practice of psychology and otherwise enforce thisact.

 

(b) The board shall adopt rules in accordance with theprovisions of the Wyoming Administrative Procedure Act which are reasonable andnecessary to administer this act. The powers conferred on the board by this actshall be liberally construed to protect the health, safety and the welfare ofthe people of this state.

 

(c) The board shall hold a regular annual meeting in which itshall select from its members a chair and a vice-chair. The secretary of theboard shall be appointed by the board from its membership. A quorum of theboard shall consist of the majority of its members at any meeting.

 

(d) Other regular meetings shall be held at such times as therules of the board may provide. Special meetings may be held at such times asmay be deemed necessary or advisable by the chair or the majority of boardmembers or upon request of the governor. Reasonable notice of all meetingsshall be given in the manner prescribed by the board.

 

(e) The board shall, as required by W.S. 9-2-1014, report tothe governor concerning the work of the board.

 

(f) The board shall establish reasonable fees from the issuanceand renewal of licenses, certificates and its other services in its rulespromulgated in accordance with the Wyoming Administrative Procedure Act asspecified in W.S. 33-1-201.

 

(g) The board may accept grants and gifts from individuals,associations, corporations, foundations and institutions to carry on itsfunctions.

 

(h) The board shall adopt an official seal.

 

(j) The board may require continuing education on the part ofthose persons licensed or certified under this act to qualify for renewal, theterms of which shall be specified in the rules and regulations.

 

(k) Each year the board shall publish a list of all personslicensed or certified under this act and a copy of that list will be madeavailable for the public at the board's office.

 

(m) A member of the board or any employee or agent of the boardshall not be held civilly liable for any act performed in good faith and withinthe scope of the duties of the board.

 

(n) The board may employ or contract with an executivesecretary and other necessary staff. The executive secretary shall not be amember of the board. The board may set the salary for the executive secretary.

 

33-27-117. Requirements for licensure.

 

(a) The board shall issue a license as a psychologist to anyapplicant who files an application upon a form and in a manner as prescribed bythe board, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following which evidence shall comply with rulesand regulations of the board:

 

(i) The applicant's honesty, truthfulness, integrity andcompetency;

 

(ii) The applicant's receipt of a doctoral degree from a programof graduate study in psychology as defined in the rules and regulations,awarded by an institution of higher education;

 

(iii) The applicant's completion of two (2) years of supervisedprofessional experience which may be completed prior and subsequent to thegranting of the degree required under paragraph (ii) of this subsection;

 

(iv) The applicant's successful completion of the examinationfor professional practice in psychology and any other written or oralexaminations prescribed by the board. The acceptable level of performance forall examinations and policies regarding reexamination of failed applicantsshall be determined by the board.

 

(b) The board may waive any examination if a psychologist hasbeen licensed in another jurisdiction and if the requirements for licensure inthat jurisdiction are equal to, or exceed, the requirements for licensure inthis state.

 

(c) A person licensed as a psychologist or school psychologistin this state on June 30, 2009 shall be deemed to have met all requirements forlicensure under this act and shall be eligible for renewal of licensure as apsychologist in accordance with this act.

 

(d) The board may issue a provisional license to an applicantwho does not meet all the requirements in this section if the board finds that:

 

(i) A need for psychological services exists in a rural part ofWyoming; and

 

(ii) The applicant is employed by a state or community mentalhealth center.

 

(e) The board may issue a temporary license to an applicant whois licensed or certified by a board of psychology of another United Statesstate or territory, or of a foreign country or province whose standards areequal to or exceed the requirements for licensure as a psychologist in thisstate. A temporary licensee may offer services as a psychologist in this statefor not more than thirty (30) working days in any year without holding apermanent license issued under this act. The temporary licensee shall reportthe nature and extent of the licensee's practice in this state to the board ifthat practice exceeds twenty (20) working days in any one (1) calendar year.

 

33-27-118. Limitation of practice.

 

Theboard shall ensure through rules and regulations and enforcement that thosepersons licensed or certified under this act limit their practice todemonstrated areas of competence.

 

33-27-119. Practice without license.

 

(a) Repealed By Laws 2009, Ch. 154, 2.

 

(b) Unless exempt under W.S. 33-27-114, any person whorepresents himself as a psychologist and who engages in the practice ofpsychology in violation of this act, is guilty of a misdemeanor punishable by afine of not more that seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both. Each violation shall constitute a separateoffense.

 

(c) Any person filing or attempting to file as his own, adiploma or license of another or a forged affidavit of identification shall beguilty of a felony and shall be subject to the punishment prescribed forforgery under W.S. 6-3-602.

 

(d) No person whose license to practice as a psychologist inany jurisdiction has been suspended or revoked shall practice psychology inthis state. The board may suspend or revoke the license of that person. Theboard may issue a new license whenever it deems the issuance to be safe andjust.

 

(e) The board on its own motion may investigate any evidence orallegation that appears to show that any person is or may be in violation ofany provision of this act.

 

33-27-120. Grounds for denial, suspension or revocation of license andother disciplinary sanctions.

 

(a) A psychologist and anyone under his supervision shallconduct his professional activities in conformity with ethical and professionalstandards promulgated by the board under its rules and regulations.

 

(b) After notice and a hearing, the board may revoke, refuse torenew, reprimand, censure, limit the scope of practice, place on probation withor without terms, conditions or limitations or suspend licenses to practicepsychology for any of the following acts or offenses:

 

(i) Fraud in applying for or procuring a license to practicepsychology;

 

(ii) Immoral, unprofessional or dishonorable conduct as definedin the rules and regulations promulgated by the board;

 

(iii) Practicing psychology in a manner which endangers thewelfare of clients or patients;

 

(iv) Conviction of a felony that interferes with the ability topractice psychology as defined in the rules and regulations;

 

(v) Conviction of any felony or conviction of any crime or offensethat reflects the inability of the practitioner to practice with due regard forthe health and safety of clients or patients. A copy of the convictioncertified by the clerk of the court entering the conviction is conclusiveevidence of the conviction;

 

(vi) Harassment, intimidation or abuse, sexual or otherwise, ofa client or patient;

 

(vii) Sexual exploitation of a client or patient as defined byW.S. 33-27-113(a)(viii);

 

(viii) Use of untruthful or deceptive or improbable statementsconcerning the licensee's qualifications or the effects or results of proposedtreatment, including functioning outside of one's professional competenceestablished by education, training and experience;

 

(ix) Malpractice or negligence in the practice of psychology;

 

(x) Aiding or abetting the practice of psychology by a personnot licensed by the board;

 

(xi) Fraud in filing medicare or medicaid claims or in filingclaims to any third party payor;

 

(xii) Exercising undue influence to exploit a client, patient,student or supervisee for financial or other personal advantage to thepractitioner or a third party;

 

(xiii) The suspension or revocation by another state of a licenseto practice psychology;

 

(xiv) Refusal to appear before the board after having beenordered to do so in writing by the chair of the board;

 

(xv) Making any fraudulent or untrue statement to the board;

 

(xvi) Violation of the code of ethics adopted in the rules andregulations of the board; or

 

(xvii) Inability to practice psychology with reasonable skill andsafety to patients or clients by reason of illness, inebriation, misuse ofdrugs, narcotics, alcohol, chemicals or any other substance or as a result ofany mental or physical condition.

 

(c) With respect to evidence of any conviction or thesuspension or revocation of a license for the purposes of subsection (b) ofthis section, a certified copy of the record of conviction from the courtentering the conviction or from the state suspending or revoking the licenseshall be conclusive evidence thereof.

 

(d) 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.

 

(e) For purposes of this section, "conviction" meansand includes a plea of guilty, nolo contendere and a verdict of guilty uponwhich a judgment of conviction may be rendered.

 

33-27-121. Determination of mental or physical impairment.

 

 

(a) If the board has reasonable grounds to suspect that aperson licensed or certified under this act lacks the mental or physicalcapacity to practice with reasonable skill and safety to patients or clients,the board may require that person to submit to psychological, physical or othermedical examinations to determine his capacity to practice competently. Failureor refusal to undergo requested examinations shall be grounds to suspend orrevoke the license. The board shall specify in its rules and regulations thenature of the examinations, the appeal process, and who shall bear the cost ofthe examinations.

 

(b) If the board has reasonable grounds to suspect that anapplicant may be using controlled substances or is otherwise mentally orphysically impaired, the board may require the applicant to undergo anypsychological, physical or other examination necessary as specified in therules and regulations to determine the applicant's ability to competentlypractice.

 

33-27-122. Board hearings and investigations.

 

(a) The board may investigate or cause to be investigated anyallegation or evidence that appears to show that a psychologist licensed topractice in this jurisdiction, and anyone under his supervision is, or may be,in violation of this act or of any of the rules and regulations adopted by theboard.

 

(b) Any person who in good faith reports a violation to theboard shall be absolutely immune from civil liability for any statement oropinion made in the report.

 

(c) The board shall conduct hearings in accordance with theWyoming Administrative Procedure Act and duly promulgated rules andregulations.

 

(d) The licensee may waive any or all of his rights to a formaladjudicatory proceeding.

 

(e) The board may conduct a default hearing if, after duenotice, the individual fails or refuses to appear. The board shall have theauthority to issue subpoenas for production of documents and witnesses and toadminister oaths. The board may apply to a court of competent jurisdiction tocompel compliance with a subpoena.

 

(f) A psychologist may surrender his license when he is chargedwith any violation of this act or board rules and regulations, and suchsurrender and acceptance by the board shall constitute acknowledgment by theperson as an admission of guilt as charged. The circumstances of the surrendershall be reported in the same fashion as a revocation action.

 

(g) A psychologist may request in writing to the board that arestriction be placed upon his license to practice. The board, in its discretion,may accept a surrender or grant a request for restriction and shall have theauthority to attach restrictions to the license to practice within this stateor otherwise to discipline the licensee.

 

(h) Subsequent to the holding of a hearing and the taking ofevidence by the board as provided for in this section, if a majority of theboard finds that a psychologist is in violation of this act or guilty of any ofthe acts, offenses or conditions as enumerated by the board, the followingactions may be taken:

 

(i) The board may revoke or suspend the license;

 

(ii) The board may suspend imposition of a revocation orsuspension of a license;

 

(iii) The board may impose revocation or suspension of a license,but suspend enforcement thereof by placing the psychologist on probation, whichprobation shall be revocable if the board finds the conditions of the probationorder are not being followed. As a condition of probation the board mayrequire the psychologist to submit to care, counseling or treatment by aprofessional designated by the board. The expense of the action shall be borneby the probationer. The board may at any time modify the conditions of theprobation and may include among them any reasonable condition for the purposeof the protection of the public, or for the purpose of the rehabilitation ofthe probationer, or both;

 

(iv) The board may require restitution when necessary; and

 

(v) The board may assess the costs of the disciplinaryproceeding as specified in its rules and regulations.

 

33-27-123. Privileged communication.

 

(a) In judicial proceedings, whether civil, criminal, orjuvenile, in legislative and administrative proceedings, and in proceedingspreliminary and ancillary thereto, a patient or client, or his guardian orpersonal representative, may refuse to disclose or prevent the disclosure ofconfidential information, including information contained in administrativerecords, communicated to a person licensed or otherwise authorized to practiceunder this act, or to persons reasonably believed by the patient or client tobe so licensed, and their agents, for the purpose of diagnosis, evaluation ortreatment of any mental or emotional condition or disorder. The psychologistshall not disclose any information communicated as described above in theabsence of an express waiver of the privilege except in the followingcircumstances:

 

(i) Where abuse or harmful neglect of children, the elderly ordisabled or incompetent individuals is known or reasonably suspected;

 

(ii) Where the validity of a will of a former patient or clientis contested;

 

(iii) Where such information is necessary for the psychologist todefend against a malpractice action brought by the patient or client;

 

(iv) Where an immediate threat of physical violence against areadily identifiable victim is disclosed to the psychologist;

 

(v) In the context of civil commitment proceedings, where animmediate threat of self-inflicted damage is disclosed to the psychologist;

 

(vi) Where the patient or client, by alleging mental oremotional damages in litigation, puts his mental state in issue and productionof those materials by the patient or client is required by law;

 

(vii) Where the patient or client is examined pursuant to courtorder; or

 

(viii) In the context of investigations and hearings brought bythe patient or client and conducted by the board where violations of this actare at issue. Information that is deemed to be of sensitive nature shall beinspected by the board in camera and the board shall determine whether or notthe information shall become a part of the record and subject to publicdisclosure.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter27

CHAPTER 27 - PSYCHOLOGISTS

 

33-27-101. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-102. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-103. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-104. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-105. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-106. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-107. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-108. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-109. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-110. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-111. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-112. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-113. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofpsychology;

 

(ii) "Institution of higher education" means anyregionally accredited institution of higher education in the United States,including a professional school, that offers a full-time doctoral course ofstudy in psychology as defined in the rules of the board. For Canadian universities,it means an institution of higher education that holds recognized membership inthe association of universities and colleges of Canada. Institutions of highereducation outside the United States and Canada will be evaluated on acase-by-case basis by the board;

 

(iii) "Practice of psychology" means the observation,description, evaluation, interpretation and modification of human behavior bythe application of psychological principles, methods and procedures, for thepurpose of any one (1) or any combination of the following:

 

(A) Preventing, eliminating, evaluating or assessingsymptomatic, maladaptive or undesired behavior;

 

(B) Enhancing interpersonal relationships, work and lifeadjustment, personal effectiveness, behavioral health and mental health;

 

(C) Consulting in legal decision making;

 

(D) Psychological testing and the evaluation or assessment ofpersonal characteristics such as intelligence, personality, abilities,interests, aptitudes and neuropsychological functioning;

 

(E) Psychoanalysis, psychotherapy, hypnosis, biofeedback andbehavior analysis and therapy;

 

(F) Diagnosis and treatment of mental and emotional disorder ordisability, alcoholism and substance abuse, disorders of habit or conduct, aswell as of psychological aspects of physical illness, accident, injury ordisability;

 

(G) Psychoeducational evaluation, therapy, remediation andconsultation.

 

(iv) "Practice of school psychology" means renderingor offering to render to individuals, groups, organizations, government agenciesor the public any of the following services:

 

(A) Evaluation, diagnosis, or test interpretation limited toassessment of intellectual ability, learning patterns, achievement, motivation,personality or neurological factors directly related to learning problems in aneducational setting;

 

(B) Counseling services for children or adults for ameliorationor prevention of educationally related learning problems.

 

(v) "Psychologist" means a person licensed topractice psychology;

 

(vi) "Representation as a psychologist or schoolpsychologist" means using any title or description of servicesincorporating the words psychology, psychological or psychologist;

 

(vii) Repealed By Laws 2009, Ch. 154, 2.

 

(viii) "Sexual exploitation of a client or patient"means:

 

(A) Any verbal behavior by a psychologist or schoolpsychologist which involves offers of exchange of professional services forsome form of sexual gratification; or

 

(B) Unlawful or unprofessional sexual contact with a client orpatient.

 

(ix) "Specialist in school psychology" means a personwho holds at least a masters degree in school psychology or a degree consideredequivalent by the board as described in the rules and regulations and who iscertified by the board;

 

(x) "This act" means W.S. 33-27-113 through33-27-123.

 

(b) A person not otherwise exempt from this act is engaged inthe practice of psychology when the person advertises or represents that he isauthorized to practice psychology and performs any of the activities enumeratedin paragraph (a)(iii) of this section without regard to whether payment isreceived for services rendered.

 

33-27-114. Exemptions.

 

(a) Nothing in this act shall be construed to prevent membersof other recognized professions who are licensed, certified or regulated underthe laws of this state as defined in the rules and regulations from renderingservices consistent with their professional training and code of ethics,provided that they do not represent themselves to be psychologists.

 

(b) Individuals who have been certified as school psychologistsby the Wyoming professional teaching standards board shall be permitted to usethe terms "school psychologist" or "certified schoolpsychologist" within the school setting. Those persons shall be restrictedin their practice to employment within schools and educational institutions andthose settings under the purview of the professional teaching standards boardunless they are also licensed under this act or licensed under W.S. 33-38-101through 33-38-110.

 

(c) Duly recognized members of the clergy shall not berestricted from functioning in their ministerial capacity, provided they do notrepresent themselves to be psychologists.

 

(d) Nothing in this act shall be construed to prevent theteaching of psychology, the conducting of psychological research, or theprovision of industrial or organizational consultation provided that suchteaching, research or consultation does not involve the delivery or supervisionof direct psychological services to individuals who are themselves rather thana third party the intended beneficiaries of the services without regard to thesource or extent of payment for services rendered. Nothing in this act shallprevent the provision of expert testimony by psychologists who are exempted bythis act. Persons holding an earned doctoral degree in psychology from aninstitution of higher education may use the title "psychologist" inconjunction with the activities permitted in this subsection.

 

(e) Nothing in this act shall be construed to prevent thepersons described in this subsection from engaging in activities defined as thepractice of psychology, provided that the persons shall not representthemselves by the title "psychologist." The persons may use theterms "psychological trainee," "psychological intern,""psychological resident" or "psychological practitioner"and shall perform their activities under the supervision and responsibility ofa licensed psychologist in accordance with the rules promulgated by the board.This subsection shall only apply to:

 

(i) A matriculated graduate student in psychology whoseactivities constitute a part of the course of study for a graduate degree inpsychology at an institution of higher education;

 

(ii) An individual pursuing postdoctoral training or experiencein psychology, including persons seeking to fulfill the requirements forlicensure under the provisions of this act; or

 

(iii) A qualified practitioner holding a master's degree ordoctoral degree in psychology from a program approved by the board whileworking under the supervision of a licensed psychologist. The board, in itsrules and regulations, shall establish:

 

(A) The qualifications for use of the title "psychologicalpractitioner";

 

(B) The number of practitioners that a psychologist may employ;

 

(C) Conditions under which they may practice;

 

(D) The process of certification with the board; and

 

(E) Appropriate fees.

 

(f) Nothing in this act shall be construed to preventspecialists in school psychology from engaging in activities defined as thepractice of school psychology, provided that they shall not representthemselves by the title "psychologist." These persons may performtheir activities under the supervision and responsibility of a psychologist inaccordance with the rules promulgated by the board. The board, in its rulesand regulations, shall establish:

 

(i) Qualifications for use of the title "specialist inschool psychology";

 

(ii) The number of specialists that a psychologist may employ;

 

(iii) Conditions under which they may be supervised or practice;

 

(iv) The process of certification with the board; and

 

(v) Appropriate fees.

 

(g) Nothing in this act may be construed to require employeesor contractors of a state agency to be licensed under this act in order toperform their official duties related to the evaluation, auditing or designingof programs, provided those employees or contractors do not hold themselves outto be psychologists.

 

33-27-115. State board of psychology.

 

(a) The Wyoming state board of psychology shall consist of six(6) licensed psychologists, one (1) psychological practitioner and two (2)public members appointed by the governor. Each member shall be a resident ofthis state. Each member who is a psychologist shall be licensed under this actand shall have a minimum of three (3) years of post-licensure experience. Atleast one (1) member who is a psychologist shall be engaged full time in thedoctoral teaching and training of psychologists, and at least two (2) memberswho are psychologists shall be engaged full time in the professional practiceof psychology. The psychological practitioner shall have a minimum of three (3)years post-certification experience. The composition of the board shall representboth the public and private sectors of the practice of psychology. Publicmembers shall not be psychologists, psychological practitioners, applicants orformer applicants for licensure or certification under this act, members ofanother health profession, or members of a household that includes a personlicensed or certified under this act. Board members shall be appointed who arefree from conflict of interest in performing the duties of the board.

 

(b) Before making appointment to the board, the governor shallsolicit a list of nominations from the Wyoming psychological association but isnot limited to appointing board members from that list. The appointments shallbe with the advice and consent of the senate in accordance with W.S. 28-12-101through 28-12-103.

 

(c) The term of office shall be five (5) years with provisionfor reappointment for one (1) additional term. A member may be reappointed foran additional two (2) terms after at least two (2) years off the board. Theboard as first constituted shall have staggered terms as follows:

 

(i) Three (3) members, one (1) of whom is a public member,appointed for five (5) years;

 

(ii) Three (3) members appointed for four (4) years;

 

(iii) Two (2) members appointed for three (3) years; and

 

(iv) One (1) member appointed for two (2) years.

 

(d) The governor may remove any board member pursuant to W.S.9-1-202. Any vacancy in the membership of the board occurring other than byexpiration of term shall be filled by appointment by the governor for theunexpired term.

 

(e) Board members shall serve without compensation other thanper diem and mileage allowance as allowed to state employees for theperformance of their duties.

 

33-27-116. Powers and duties of the board.

 

(a) In accordance with this act and rules and regulationspromulgated under it, the board shall determine a person's initial andcontinuing qualifications and fitness to practice psychology, proceed againstthe unlawful and unlicensed practice of psychology and otherwise enforce thisact.

 

(b) The board shall adopt rules in accordance with theprovisions of the Wyoming Administrative Procedure Act which are reasonable andnecessary to administer this act. The powers conferred on the board by this actshall be liberally construed to protect the health, safety and the welfare ofthe people of this state.

 

(c) The board shall hold a regular annual meeting in which itshall select from its members a chair and a vice-chair. The secretary of theboard shall be appointed by the board from its membership. A quorum of theboard shall consist of the majority of its members at any meeting.

 

(d) Other regular meetings shall be held at such times as therules of the board may provide. Special meetings may be held at such times asmay be deemed necessary or advisable by the chair or the majority of boardmembers or upon request of the governor. Reasonable notice of all meetingsshall be given in the manner prescribed by the board.

 

(e) The board shall, as required by W.S. 9-2-1014, report tothe governor concerning the work of the board.

 

(f) The board shall establish reasonable fees from the issuanceand renewal of licenses, certificates and its other services in its rulespromulgated in accordance with the Wyoming Administrative Procedure Act asspecified in W.S. 33-1-201.

 

(g) The board may accept grants and gifts from individuals,associations, corporations, foundations and institutions to carry on itsfunctions.

 

(h) The board shall adopt an official seal.

 

(j) The board may require continuing education on the part ofthose persons licensed or certified under this act to qualify for renewal, theterms of which shall be specified in the rules and regulations.

 

(k) Each year the board shall publish a list of all personslicensed or certified under this act and a copy of that list will be madeavailable for the public at the board's office.

 

(m) A member of the board or any employee or agent of the boardshall not be held civilly liable for any act performed in good faith and withinthe scope of the duties of the board.

 

(n) The board may employ or contract with an executivesecretary and other necessary staff. The executive secretary shall not be amember of the board. The board may set the salary for the executive secretary.

 

33-27-117. Requirements for licensure.

 

(a) The board shall issue a license as a psychologist to anyapplicant who files an application upon a form and in a manner as prescribed bythe board, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following which evidence shall comply with rulesand regulations of the board:

 

(i) The applicant's honesty, truthfulness, integrity andcompetency;

 

(ii) The applicant's receipt of a doctoral degree from a programof graduate study in psychology as defined in the rules and regulations,awarded by an institution of higher education;

 

(iii) The applicant's completion of two (2) years of supervisedprofessional experience which may be completed prior and subsequent to thegranting of the degree required under paragraph (ii) of this subsection;

 

(iv) The applicant's successful completion of the examinationfor professional practice in psychology and any other written or oralexaminations prescribed by the board. The acceptable level of performance forall examinations and policies regarding reexamination of failed applicantsshall be determined by the board.

 

(b) The board may waive any examination if a psychologist hasbeen licensed in another jurisdiction and if the requirements for licensure inthat jurisdiction are equal to, or exceed, the requirements for licensure inthis state.

 

(c) A person licensed as a psychologist or school psychologistin this state on June 30, 2009 shall be deemed to have met all requirements forlicensure under this act and shall be eligible for renewal of licensure as apsychologist in accordance with this act.

 

(d) The board may issue a provisional license to an applicantwho does not meet all the requirements in this section if the board finds that:

 

(i) A need for psychological services exists in a rural part ofWyoming; and

 

(ii) The applicant is employed by a state or community mentalhealth center.

 

(e) The board may issue a temporary license to an applicant whois licensed or certified by a board of psychology of another United Statesstate or territory, or of a foreign country or province whose standards areequal to or exceed the requirements for licensure as a psychologist in thisstate. A temporary licensee may offer services as a psychologist in this statefor not more than thirty (30) working days in any year without holding apermanent license issued under this act. The temporary licensee shall reportthe nature and extent of the licensee's practice in this state to the board ifthat practice exceeds twenty (20) working days in any one (1) calendar year.

 

33-27-118. Limitation of practice.

 

Theboard shall ensure through rules and regulations and enforcement that thosepersons licensed or certified under this act limit their practice todemonstrated areas of competence.

 

33-27-119. Practice without license.

 

(a) Repealed By Laws 2009, Ch. 154, 2.

 

(b) Unless exempt under W.S. 33-27-114, any person whorepresents himself as a psychologist and who engages in the practice ofpsychology in violation of this act, is guilty of a misdemeanor punishable by afine of not more that seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both. Each violation shall constitute a separateoffense.

 

(c) Any person filing or attempting to file as his own, adiploma or license of another or a forged affidavit of identification shall beguilty of a felony and shall be subject to the punishment prescribed forforgery under W.S. 6-3-602.

 

(d) No person whose license to practice as a psychologist inany jurisdiction has been suspended or revoked shall practice psychology inthis state. The board may suspend or revoke the license of that person. Theboard may issue a new license whenever it deems the issuance to be safe andjust.

 

(e) The board on its own motion may investigate any evidence orallegation that appears to show that any person is or may be in violation ofany provision of this act.

 

33-27-120. Grounds for denial, suspension or revocation of license andother disciplinary sanctions.

 

(a) A psychologist and anyone under his supervision shallconduct his professional activities in conformity with ethical and professionalstandards promulgated by the board under its rules and regulations.

 

(b) After notice and a hearing, the board may revoke, refuse torenew, reprimand, censure, limit the scope of practice, place on probation withor without terms, conditions or limitations or suspend licenses to practicepsychology for any of the following acts or offenses:

 

(i) Fraud in applying for or procuring a license to practicepsychology;

 

(ii) Immoral, unprofessional or dishonorable conduct as definedin the rules and regulations promulgated by the board;

 

(iii) Practicing psychology in a manner which endangers thewelfare of clients or patients;

 

(iv) Conviction of a felony that interferes with the ability topractice psychology as defined in the rules and regulations;

 

(v) Conviction of any felony or conviction of any crime or offensethat reflects the inability of the practitioner to practice with due regard forthe health and safety of clients or patients. A copy of the convictioncertified by the clerk of the court entering the conviction is conclusiveevidence of the conviction;

 

(vi) Harassment, intimidation or abuse, sexual or otherwise, ofa client or patient;

 

(vii) Sexual exploitation of a client or patient as defined byW.S. 33-27-113(a)(viii);

 

(viii) Use of untruthful or deceptive or improbable statementsconcerning the licensee's qualifications or the effects or results of proposedtreatment, including functioning outside of one's professional competenceestablished by education, training and experience;

 

(ix) Malpractice or negligence in the practice of psychology;

 

(x) Aiding or abetting the practice of psychology by a personnot licensed by the board;

 

(xi) Fraud in filing medicare or medicaid claims or in filingclaims to any third party payor;

 

(xii) Exercising undue influence to exploit a client, patient,student or supervisee for financial or other personal advantage to thepractitioner or a third party;

 

(xiii) The suspension or revocation by another state of a licenseto practice psychology;

 

(xiv) Refusal to appear before the board after having beenordered to do so in writing by the chair of the board;

 

(xv) Making any fraudulent or untrue statement to the board;

 

(xvi) Violation of the code of ethics adopted in the rules andregulations of the board; or

 

(xvii) Inability to practice psychology with reasonable skill andsafety to patients or clients by reason of illness, inebriation, misuse ofdrugs, narcotics, alcohol, chemicals or any other substance or as a result ofany mental or physical condition.

 

(c) With respect to evidence of any conviction or thesuspension or revocation of a license for the purposes of subsection (b) ofthis section, a certified copy of the record of conviction from the courtentering the conviction or from the state suspending or revoking the licenseshall be conclusive evidence thereof.

 

(d) 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.

 

(e) For purposes of this section, "conviction" meansand includes a plea of guilty, nolo contendere and a verdict of guilty uponwhich a judgment of conviction may be rendered.

 

33-27-121. Determination of mental or physical impairment.

 

 

(a) If the board has reasonable grounds to suspect that aperson licensed or certified under this act lacks the mental or physicalcapacity to practice with reasonable skill and safety to patients or clients,the board may require that person to submit to psychological, physical or othermedical examinations to determine his capacity to practice competently. Failureor refusal to undergo requested examinations shall be grounds to suspend orrevoke the license. The board shall specify in its rules and regulations thenature of the examinations, the appeal process, and who shall bear the cost ofthe examinations.

 

(b) If the board has reasonable grounds to suspect that anapplicant may be using controlled substances or is otherwise mentally orphysically impaired, the board may require the applicant to undergo anypsychological, physical or other examination necessary as specified in therules and regulations to determine the applicant's ability to competentlypractice.

 

33-27-122. Board hearings and investigations.

 

(a) The board may investigate or cause to be investigated anyallegation or evidence that appears to show that a psychologist licensed topractice in this jurisdiction, and anyone under his supervision is, or may be,in violation of this act or of any of the rules and regulations adopted by theboard.

 

(b) Any person who in good faith reports a violation to theboard shall be absolutely immune from civil liability for any statement oropinion made in the report.

 

(c) The board shall conduct hearings in accordance with theWyoming Administrative Procedure Act and duly promulgated rules andregulations.

 

(d) The licensee may waive any or all of his rights to a formaladjudicatory proceeding.

 

(e) The board may conduct a default hearing if, after duenotice, the individual fails or refuses to appear. The board shall have theauthority to issue subpoenas for production of documents and witnesses and toadminister oaths. The board may apply to a court of competent jurisdiction tocompel compliance with a subpoena.

 

(f) A psychologist may surrender his license when he is chargedwith any violation of this act or board rules and regulations, and suchsurrender and acceptance by the board shall constitute acknowledgment by theperson as an admission of guilt as charged. The circumstances of the surrendershall be reported in the same fashion as a revocation action.

 

(g) A psychologist may request in writing to the board that arestriction be placed upon his license to practice. The board, in its discretion,may accept a surrender or grant a request for restriction and shall have theauthority to attach restrictions to the license to practice within this stateor otherwise to discipline the licensee.

 

(h) Subsequent to the holding of a hearing and the taking ofevidence by the board as provided for in this section, if a majority of theboard finds that a psychologist is in violation of this act or guilty of any ofthe acts, offenses or conditions as enumerated by the board, the followingactions may be taken:

 

(i) The board may revoke or suspend the license;

 

(ii) The board may suspend imposition of a revocation orsuspension of a license;

 

(iii) The board may impose revocation or suspension of a license,but suspend enforcement thereof by placing the psychologist on probation, whichprobation shall be revocable if the board finds the conditions of the probationorder are not being followed. As a condition of probation the board mayrequire the psychologist to submit to care, counseling or treatment by aprofessional designated by the board. The expense of the action shall be borneby the probationer. The board may at any time modify the conditions of theprobation and may include among them any reasonable condition for the purposeof the protection of the public, or for the purpose of the rehabilitation ofthe probationer, or both;

 

(iv) The board may require restitution when necessary; and

 

(v) The board may assess the costs of the disciplinaryproceeding as specified in its rules and regulations.

 

33-27-123. Privileged communication.

 

(a) In judicial proceedings, whether civil, criminal, orjuvenile, in legislative and administrative proceedings, and in proceedingspreliminary and ancillary thereto, a patient or client, or his guardian orpersonal representative, may refuse to disclose or prevent the disclosure ofconfidential information, including information contained in administrativerecords, communicated to a person licensed or otherwise authorized to practiceunder this act, or to persons reasonably believed by the patient or client tobe so licensed, and their agents, for the purpose of diagnosis, evaluation ortreatment of any mental or emotional condition or disorder. The psychologistshall not disclose any information communicated as described above in theabsence of an express waiver of the privilege except in the followingcircumstances:

 

(i) Where abuse or harmful neglect of children, the elderly ordisabled or incompetent individuals is known or reasonably suspected;

 

(ii) Where the validity of a will of a former patient or clientis contested;

 

(iii) Where such information is necessary for the psychologist todefend against a malpractice action brought by the patient or client;

 

(iv) Where an immediate threat of physical violence against areadily identifiable victim is disclosed to the psychologist;

 

(v) In the context of civil commitment proceedings, where animmediate threat of self-inflicted damage is disclosed to the psychologist;

 

(vi) Where the patient or client, by alleging mental oremotional damages in litigation, puts his mental state in issue and productionof those materials by the patient or client is required by law;

 

(vii) Where the patient or client is examined pursuant to courtorder; or

 

(viii) In the context of investigations and hearings brought bythe patient or client and conducted by the board where violations of this actare at issue. Information that is deemed to be of sensitive nature shall beinspected by the board in camera and the board shall determine whether or notthe information shall become a part of the record and subject to publicdisclosure.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter27

CHAPTER 27 - PSYCHOLOGISTS

 

33-27-101. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-102. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-103. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-104. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-105. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-106. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-107. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-108. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-109. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-110. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-111. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-112. Repealed by Laws 1993, ch. 182, 2.

 

 

33-27-113. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofpsychology;

 

(ii) "Institution of higher education" means anyregionally accredited institution of higher education in the United States,including a professional school, that offers a full-time doctoral course ofstudy in psychology as defined in the rules of the board. For Canadian universities,it means an institution of higher education that holds recognized membership inthe association of universities and colleges of Canada. Institutions of highereducation outside the United States and Canada will be evaluated on acase-by-case basis by the board;

 

(iii) "Practice of psychology" means the observation,description, evaluation, interpretation and modification of human behavior bythe application of psychological principles, methods and procedures, for thepurpose of any one (1) or any combination of the following:

 

(A) Preventing, eliminating, evaluating or assessingsymptomatic, maladaptive or undesired behavior;

 

(B) Enhancing interpersonal relationships, work and lifeadjustment, personal effectiveness, behavioral health and mental health;

 

(C) Consulting in legal decision making;

 

(D) Psychological testing and the evaluation or assessment ofpersonal characteristics such as intelligence, personality, abilities,interests, aptitudes and neuropsychological functioning;

 

(E) Psychoanalysis, psychotherapy, hypnosis, biofeedback andbehavior analysis and therapy;

 

(F) Diagnosis and treatment of mental and emotional disorder ordisability, alcoholism and substance abuse, disorders of habit or conduct, aswell as of psychological aspects of physical illness, accident, injury ordisability;

 

(G) Psychoeducational evaluation, therapy, remediation andconsultation.

 

(iv) "Practice of school psychology" means renderingor offering to render to individuals, groups, organizations, government agenciesor the public any of the following services:

 

(A) Evaluation, diagnosis, or test interpretation limited toassessment of intellectual ability, learning patterns, achievement, motivation,personality or neurological factors directly related to learning problems in aneducational setting;

 

(B) Counseling services for children or adults for ameliorationor prevention of educationally related learning problems.

 

(v) "Psychologist" means a person licensed topractice psychology;

 

(vi) "Representation as a psychologist or schoolpsychologist" means using any title or description of servicesincorporating the words psychology, psychological or psychologist;

 

(vii) Repealed By Laws 2009, Ch. 154, 2.

 

(viii) "Sexual exploitation of a client or patient"means:

 

(A) Any verbal behavior by a psychologist or schoolpsychologist which involves offers of exchange of professional services forsome form of sexual gratification; or

 

(B) Unlawful or unprofessional sexual contact with a client orpatient.

 

(ix) "Specialist in school psychology" means a personwho holds at least a masters degree in school psychology or a degree consideredequivalent by the board as described in the rules and regulations and who iscertified by the board;

 

(x) "This act" means W.S. 33-27-113 through33-27-123.

 

(b) A person not otherwise exempt from this act is engaged inthe practice of psychology when the person advertises or represents that he isauthorized to practice psychology and performs any of the activities enumeratedin paragraph (a)(iii) of this section without regard to whether payment isreceived for services rendered.

 

33-27-114. Exemptions.

 

(a) Nothing in this act shall be construed to prevent membersof other recognized professions who are licensed, certified or regulated underthe laws of this state as defined in the rules and regulations from renderingservices consistent with their professional training and code of ethics,provided that they do not represent themselves to be psychologists.

 

(b) Individuals who have been certified as school psychologistsby the Wyoming professional teaching standards board shall be permitted to usethe terms "school psychologist" or "certified schoolpsychologist" within the school setting. Those persons shall be restrictedin their practice to employment within schools and educational institutions andthose settings under the purview of the professional teaching standards boardunless they are also licensed under this act or licensed under W.S. 33-38-101through 33-38-110.

 

(c) Duly recognized members of the clergy shall not berestricted from functioning in their ministerial capacity, provided they do notrepresent themselves to be psychologists.

 

(d) Nothing in this act shall be construed to prevent theteaching of psychology, the conducting of psychological research, or theprovision of industrial or organizational consultation provided that suchteaching, research or consultation does not involve the delivery or supervisionof direct psychological services to individuals who are themselves rather thana third party the intended beneficiaries of the services without regard to thesource or extent of payment for services rendered. Nothing in this act shallprevent the provision of expert testimony by psychologists who are exempted bythis act. Persons holding an earned doctoral degree in psychology from aninstitution of higher education may use the title "psychologist" inconjunction with the activities permitted in this subsection.

 

(e) Nothing in this act shall be construed to prevent thepersons described in this subsection from engaging in activities defined as thepractice of psychology, provided that the persons shall not representthemselves by the title "psychologist." The persons may use theterms "psychological trainee," "psychological intern,""psychological resident" or "psychological practitioner"and shall perform their activities under the supervision and responsibility ofa licensed psychologist in accordance with the rules promulgated by the board.This subsection shall only apply to:

 

(i) A matriculated graduate student in psychology whoseactivities constitute a part of the course of study for a graduate degree inpsychology at an institution of higher education;

 

(ii) An individual pursuing postdoctoral training or experiencein psychology, including persons seeking to fulfill the requirements forlicensure under the provisions of this act; or

 

(iii) A qualified practitioner holding a master's degree ordoctoral degree in psychology from a program approved by the board whileworking under the supervision of a licensed psychologist. The board, in itsrules and regulations, shall establish:

 

(A) The qualifications for use of the title "psychologicalpractitioner";

 

(B) The number of practitioners that a psychologist may employ;

 

(C) Conditions under which they may practice;

 

(D) The process of certification with the board; and

 

(E) Appropriate fees.

 

(f) Nothing in this act shall be construed to preventspecialists in school psychology from engaging in activities defined as thepractice of school psychology, provided that they shall not representthemselves by the title "psychologist." These persons may performtheir activities under the supervision and responsibility of a psychologist inaccordance with the rules promulgated by the board. The board, in its rulesand regulations, shall establish:

 

(i) Qualifications for use of the title "specialist inschool psychology";

 

(ii) The number of specialists that a psychologist may employ;

 

(iii) Conditions under which they may be supervised or practice;

 

(iv) The process of certification with the board; and

 

(v) Appropriate fees.

 

(g) Nothing in this act may be construed to require employeesor contractors of a state agency to be licensed under this act in order toperform their official duties related to the evaluation, auditing or designingof programs, provided those employees or contractors do not hold themselves outto be psychologists.

 

33-27-115. State board of psychology.

 

(a) The Wyoming state board of psychology shall consist of six(6) licensed psychologists, one (1) psychological practitioner and two (2)public members appointed by the governor. Each member shall be a resident ofthis state. Each member who is a psychologist shall be licensed under this actand shall have a minimum of three (3) years of post-licensure experience. Atleast one (1) member who is a psychologist shall be engaged full time in thedoctoral teaching and training of psychologists, and at least two (2) memberswho are psychologists shall be engaged full time in the professional practiceof psychology. The psychological practitioner shall have a minimum of three (3)years post-certification experience. The composition of the board shall representboth the public and private sectors of the practice of psychology. Publicmembers shall not be psychologists, psychological practitioners, applicants orformer applicants for licensure or certification under this act, members ofanother health profession, or members of a household that includes a personlicensed or certified under this act. Board members shall be appointed who arefree from conflict of interest in performing the duties of the board.

 

(b) Before making appointment to the board, the governor shallsolicit a list of nominations from the Wyoming psychological association but isnot limited to appointing board members from that list. The appointments shallbe with the advice and consent of the senate in accordance with W.S. 28-12-101through 28-12-103.

 

(c) The term of office shall be five (5) years with provisionfor reappointment for one (1) additional term. A member may be reappointed foran additional two (2) terms after at least two (2) years off the board. Theboard as first constituted shall have staggered terms as follows:

 

(i) Three (3) members, one (1) of whom is a public member,appointed for five (5) years;

 

(ii) Three (3) members appointed for four (4) years;

 

(iii) Two (2) members appointed for three (3) years; and

 

(iv) One (1) member appointed for two (2) years.

 

(d) The governor may remove any board member pursuant to W.S.9-1-202. Any vacancy in the membership of the board occurring other than byexpiration of term shall be filled by appointment by the governor for theunexpired term.

 

(e) Board members shall serve without compensation other thanper diem and mileage allowance as allowed to state employees for theperformance of their duties.

 

33-27-116. Powers and duties of the board.

 

(a) In accordance with this act and rules and regulationspromulgated under it, the board shall determine a person's initial andcontinuing qualifications and fitness to practice psychology, proceed againstthe unlawful and unlicensed practice of psychology and otherwise enforce thisact.

 

(b) The board shall adopt rules in accordance with theprovisions of the Wyoming Administrative Procedure Act which are reasonable andnecessary to administer this act. The powers conferred on the board by this actshall be liberally construed to protect the health, safety and the welfare ofthe people of this state.

 

(c) The board shall hold a regular annual meeting in which itshall select from its members a chair and a vice-chair. The secretary of theboard shall be appointed by the board from its membership. A quorum of theboard shall consist of the majority of its members at any meeting.

 

(d) Other regular meetings shall be held at such times as therules of the board may provide. Special meetings may be held at such times asmay be deemed necessary or advisable by the chair or the majority of boardmembers or upon request of the governor. Reasonable notice of all meetingsshall be given in the manner prescribed by the board.

 

(e) The board shall, as required by W.S. 9-2-1014, report tothe governor concerning the work of the board.

 

(f) The board shall establish reasonable fees from the issuanceand renewal of licenses, certificates and its other services in its rulespromulgated in accordance with the Wyoming Administrative Procedure Act asspecified in W.S. 33-1-201.

 

(g) The board may accept grants and gifts from individuals,associations, corporations, foundations and institutions to carry on itsfunctions.

 

(h) The board shall adopt an official seal.

 

(j) The board may require continuing education on the part ofthose persons licensed or certified under this act to qualify for renewal, theterms of which shall be specified in the rules and regulations.

 

(k) Each year the board shall publish a list of all personslicensed or certified under this act and a copy of that list will be madeavailable for the public at the board's office.

 

(m) A member of the board or any employee or agent of the boardshall not be held civilly liable for any act performed in good faith and withinthe scope of the duties of the board.

 

(n) The board may employ or contract with an executivesecretary and other necessary staff. The executive secretary shall not be amember of the board. The board may set the salary for the executive secretary.

 

33-27-117. Requirements for licensure.

 

(a) The board shall issue a license as a psychologist to anyapplicant who files an application upon a form and in a manner as prescribed bythe board, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following which evidence shall comply with rulesand regulations of the board:

 

(i) The applicant's honesty, truthfulness, integrity andcompetency;

 

(ii) The applicant's receipt of a doctoral degree from a programof graduate study in psychology as defined in the rules and regulations,awarded by an institution of higher education;

 

(iii) The applicant's completion of two (2) years of supervisedprofessional experience which may be completed prior and subsequent to thegranting of the degree required under paragraph (ii) of this subsection;

 

(iv) The applicant's successful completion of the examinationfor professional practice in psychology and any other written or oralexaminations prescribed by the board. The acceptable level of performance forall examinations and policies regarding reexamination of failed applicantsshall be determined by the board.

 

(b) The board may waive any examination if a psychologist hasbeen licensed in another jurisdiction and if the requirements for licensure inthat jurisdiction are equal to, or exceed, the requirements for licensure inthis state.

 

(c) A person licensed as a psychologist or school psychologistin this state on June 30, 2009 shall be deemed to have met all requirements forlicensure under this act and shall be eligible for renewal of licensure as apsychologist in accordance with this act.

 

(d) The board may issue a provisional license to an applicantwho does not meet all the requirements in this section if the board finds that:

 

(i) A need for psychological services exists in a rural part ofWyoming; and

 

(ii) The applicant is employed by a state or community mentalhealth center.

 

(e) The board may issue a temporary license to an applicant whois licensed or certified by a board of psychology of another United Statesstate or territory, or of a foreign country or province whose standards areequal to or exceed the requirements for licensure as a psychologist in thisstate. A temporary licensee may offer services as a psychologist in this statefor not more than thirty (30) working days in any year without holding apermanent license issued under this act. The temporary licensee shall reportthe nature and extent of the licensee's practice in this state to the board ifthat practice exceeds twenty (20) working days in any one (1) calendar year.

 

33-27-118. Limitation of practice.

 

Theboard shall ensure through rules and regulations and enforcement that thosepersons licensed or certified under this act limit their practice todemonstrated areas of competence.

 

33-27-119. Practice without license.

 

(a) Repealed By Laws 2009, Ch. 154, 2.

 

(b) Unless exempt under W.S. 33-27-114, any person whorepresents himself as a psychologist and who engages in the practice ofpsychology in violation of this act, is guilty of a misdemeanor punishable by afine of not more that seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both. Each violation shall constitute a separateoffense.

 

(c) Any person filing or attempting to file as his own, adiploma or license of another or a forged affidavit of identification shall beguilty of a felony and shall be subject to the punishment prescribed forforgery under W.S. 6-3-602.

 

(d) No person whose license to practice as a psychologist inany jurisdiction has been suspended or revoked shall practice psychology inthis state. The board may suspend or revoke the license of that person. Theboard may issue a new license whenever it deems the issuance to be safe andjust.

 

(e) The board on its own motion may investigate any evidence orallegation that appears to show that any person is or may be in violation ofany provision of this act.

 

33-27-120. Grounds for denial, suspension or revocation of license andother disciplinary sanctions.

 

(a) A psychologist and anyone under his supervision shallconduct his professional activities in conformity with ethical and professionalstandards promulgated by the board under its rules and regulations.

 

(b) After notice and a hearing, the board may revoke, refuse torenew, reprimand, censure, limit the scope of practice, place on probation withor without terms, conditions or limitations or suspend licenses to practicepsychology for any of the following acts or offenses:

 

(i) Fraud in applying for or procuring a license to practicepsychology;

 

(ii) Immoral, unprofessional or dishonorable conduct as definedin the rules and regulations promulgated by the board;

 

(iii) Practicing psychology in a manner which endangers thewelfare of clients or patients;

 

(iv) Conviction of a felony that interferes with the ability topractice psychology as defined in the rules and regulations;

 

(v) Conviction of any felony or conviction of any crime or offensethat reflects the inability of the practitioner to practice with due regard forthe health and safety of clients or patients. A copy of the convictioncertified by the clerk of the court entering the conviction is conclusiveevidence of the conviction;

 

(vi) Harassment, intimidation or abuse, sexual or otherwise, ofa client or patient;

 

(vii) Sexual exploitation of a client or patient as defined byW.S. 33-27-113(a)(viii);

 

(viii) Use of untruthful or deceptive or improbable statementsconcerning the licensee's qualifications or the effects or results of proposedtreatment, including functioning outside of one's professional competenceestablished by education, training and experience;

 

(ix) Malpractice or negligence in the practice of psychology;

 

(x) Aiding or abetting the practice of psychology by a personnot licensed by the board;

 

(xi) Fraud in filing medicare or medicaid claims or in filingclaims to any third party payor;

 

(xii) Exercising undue influence to exploit a client, patient,student or supervisee for financial or other personal advantage to thepractitioner or a third party;

 

(xiii) The suspension or revocation by another state of a licenseto practice psychology;

 

(xiv) Refusal to appear before the board after having beenordered to do so in writing by the chair of the board;

 

(xv) Making any fraudulent or untrue statement to the board;

 

(xvi) Violation of the code of ethics adopted in the rules andregulations of the board; or

 

(xvii) Inability to practice psychology with reasonable skill andsafety to patients or clients by reason of illness, inebriation, misuse ofdrugs, narcotics, alcohol, chemicals or any other substance or as a result ofany mental or physical condition.

 

(c) With respect to evidence of any conviction or thesuspension or revocation of a license for the purposes of subsection (b) ofthis section, a certified copy of the record of conviction from the courtentering the conviction or from the state suspending or revoking the licenseshall be conclusive evidence thereof.

 

(d) 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.

 

(e) For purposes of this section, "conviction" meansand includes a plea of guilty, nolo contendere and a verdict of guilty uponwhich a judgment of conviction may be rendered.

 

33-27-121. Determination of mental or physical impairment.

 

 

(a) If the board has reasonable grounds to suspect that aperson licensed or certified under this act lacks the mental or physicalcapacity to practice with reasonable skill and safety to patients or clients,the board may require that person to submit to psychological, physical or othermedical examinations to determine his capacity to practice competently. Failureor refusal to undergo requested examinations shall be grounds to suspend orrevoke the license. The board shall specify in its rules and regulations thenature of the examinations, the appeal process, and who shall bear the cost ofthe examinations.

 

(b) If the board has reasonable grounds to suspect that anapplicant may be using controlled substances or is otherwise mentally orphysically impaired, the board may require the applicant to undergo anypsychological, physical or other examination necessary as specified in therules and regulations to determine the applicant's ability to competentlypractice.

 

33-27-122. Board hearings and investigations.

 

(a) The board may investigate or cause to be investigated anyallegation or evidence that appears to show that a psychologist licensed topractice in this jurisdiction, and anyone under his supervision is, or may be,in violation of this act or of any of the rules and regulations adopted by theboard.

 

(b) Any person who in good faith reports a violation to theboard shall be absolutely immune from civil liability for any statement oropinion made in the report.

 

(c) The board shall conduct hearings in accordance with theWyoming Administrative Procedure Act and duly promulgated rules andregulations.

 

(d) The licensee may waive any or all of his rights to a formaladjudicatory proceeding.

 

(e) The board may conduct a default hearing if, after duenotice, the individual fails or refuses to appear. The board shall have theauthority to issue subpoenas for production of documents and witnesses and toadminister oaths. The board may apply to a court of competent jurisdiction tocompel compliance with a subpoena.

 

(f) A psychologist may surrender his license when he is chargedwith any violation of this act or board rules and regulations, and suchsurrender and acceptance by the board shall constitute acknowledgment by theperson as an admission of guilt as charged. The circumstances of the surrendershall be reported in the same fashion as a revocation action.

 

(g) A psychologist may request in writing to the board that arestriction be placed upon his license to practice. The board, in its discretion,may accept a surrender or grant a request for restriction and shall have theauthority to attach restrictions to the license to practice within this stateor otherwise to discipline the licensee.

 

(h) Subsequent to the holding of a hearing and the taking ofevidence by the board as provided for in this section, if a majority of theboard finds that a psychologist is in violation of this act or guilty of any ofthe acts, offenses or conditions as enumerated by the board, the followingactions may be taken:

 

(i) The board may revoke or suspend the license;

 

(ii) The board may suspend imposition of a revocation orsuspension of a license;

 

(iii) The board may impose revocation or suspension of a license,but suspend enforcement thereof by placing the psychologist on probation, whichprobation shall be revocable if the board finds the conditions of the probationorder are not being followed. As a condition of probation the board mayrequire the psychologist to submit to care, counseling or treatment by aprofessional designated by the board. The expense of the action shall be borneby the probationer. The board may at any time modify the conditions of theprobation and may include among them any reasonable condition for the purposeof the protection of the public, or for the purpose of the rehabilitation ofthe probationer, or both;

 

(iv) The board may require restitution when necessary; and

 

(v) The board may assess the costs of the disciplinaryproceeding as specified in its rules and regulations.

 

33-27-123. Privileged communication.

 

(a) In judicial proceedings, whether civil, criminal, orjuvenile, in legislative and administrative proceedings, and in proceedingspreliminary and ancillary thereto, a patient or client, or his guardian orpersonal representative, may refuse to disclose or prevent the disclosure ofconfidential information, including information contained in administrativerecords, communicated to a person licensed or otherwise authorized to practiceunder this act, or to persons reasonably believed by the patient or client tobe so licensed, and their agents, for the purpose of diagnosis, evaluation ortreatment of any mental or emotional condition or disorder. The psychologistshall not disclose any information communicated as described above in theabsence of an express waiver of the privilege except in the followingcircumstances:

 

(i) Where abuse or harmful neglect of children, the elderly ordisabled or incompetent individuals is known or reasonably suspected;

 

(ii) Where the validity of a will of a former patient or clientis contested;

 

(iii) Where such information is necessary for the psychologist todefend against a malpractice action brought by the patient or client;

 

(iv) Where an immediate threat of physical violence against areadily identifiable victim is disclosed to the psychologist;

 

(v) In the context of civil commitment proceedings, where animmediate threat of self-inflicted damage is disclosed to the psychologist;

 

(vi) Where the patient or client, by alleging mental oremotional damages in litigation, puts his mental state in issue and productionof those materials by the patient or client is required by law;

 

(vii) Where the patient or client is examined pursuant to courtorder; or

 

(viii) In the context of investigations and hearings brought bythe patient or client and conducted by the board where violations of this actare at issue. Information that is deemed to be of sensitive nature shall beinspected by the board in camera and the board shall determine whether or notthe information shall become a part of the record and subject to publicdisclosure.

 

Categories