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Statutes > Wyoming > Title33 > Chapter38

CHAPTER 38 - PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILYTHERAPISTS, SOCIAL WORKERS AND CHEMICAL DEPENDENCY SPECIALISTS

 

33-38-101. Short title.

 

Thisact may be cited as the "Mental Health Professions Practice Act".

 

33-38-102. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the mental health professionslicensing board;

 

(ii) "Mental health procedures" means engaging inmethods and techniques which include, but are not restricted to:

 

(A) "Counseling" means assisting clients through thecounseling relationship, using a combination of mental health, psychotherapyand human development principles, methods and techniques, to achieve mental,emotional, physical, social, moral, educational, spiritual or careerdevelopment and adjustment through the life span, but shall not includereligious instruction;

 

(B) "Appraisal" means selecting, administering,scoring and interpreting instruments designed to assess an individual'sattitudes, abilities, achievements, interests and personal characteristics andthe use of methods and techniques for understanding human behavior in relationto coping with, adapting to, or changing life situations;

 

(C) "Consulting" means the application of scientificprinciples and procedures in counseling and human development to provideassistance in understanding and solving current or potential problems that theclient may have in relation to a third party, be it an individual, a group oran organization;

 

(D) "Referral" means evaluating and identifying needsof a client to determine the advisability of referral to other specialists,informing the client of such judgment and communicating as requested or deemedappropriate to such referral sources;

 

(E) "Research" means systematic efforts to collect,evaluate, interpret and apply procedures related to improving the understandingand delivery of counseling services to clients.

 

(iii) "Licensed professional counselor, (LPC), licensedmarriage and family therapist, (LMFT), licensed clinical social worker, (LCSW)and licensed addictions therapist, (LAT)," mean persons who representthemselves to the public by any title or description of psychotherapy servicesincorporating the words "professional counselor", "marriage andfamily therapist", "clinical social worker", or "addictionstherapist", who offer to render professional services in these fields toindividuals, groups, organizations, corporations, institutions, governmentagencies, or the general public for compensation, implying that they arelicensed and trained, experienced or expert in one (1) or more of these fieldsof practice and who hold a valid license to engage in the practice of one (1)or more of these specializations. These persons may practice independent ofsupervision;

 

(iv) "Practice of addictions therapy" means providingservices based on theory and methods of counseling, psychotherapy, andaddictionology to persons who are experiencing cognitive, affective orbehavioral psychosocial dysfunction as a direct or indirect result ofaddiction, chemical dependency, abuse of chemical substances or relateddisorders. The practice of addictions therapy includes, but is not limited to,addiction prevention, crisis intervention, diagnosis, referral, directtreatment, and follow-up treatment which is rendered to individuals, families,groups, organizations, schools and communities who are adversely affected byaddictions or related disorders;

 

(v) "Practice of clinical social work" means applyingsocial work theory and methods to the diagnosis, treatment and prevention ofpsychosocial dysfunction, disability or impairment, including emotional andmental disorders. It is based on knowledge of one (1) or more theories ofhuman development within a psychosocial context. The perspective ofperson-in-situation is central to professional social work practice.Professional clinical social work includes but is not limited to interventions directedto interpersonal interactions, intrapsychic dynamics, and life support andmanagement issues. Professional clinical social work services consist ofassessment, diagnosis, treatment, including psychotherapy and counseling,client-centered advocacy, consultation and evaluation with individuals,families, groups, communities and organizations;

 

(vi) "Practice of counseling" means rendering toindividuals, couples, families, groups, organizations, corporations,institutions, government agencies or the general public a service thatintegrates a wellness, pathology and multicultural model of human behavior. This model applies a combination of mental health, psychotherapeutic, and humandevelopment principles and procedures to help clients achieve effective mental,emotional, physical, social, moral, educational, spiritual or careerdevelopment and adjustment throughout the life span, and includes thediagnostic description and treatment of mental disorders or disabilities withinthe range of the professional's preparation;

 

(vii) "Practice of marriage and family therapy" meansthe rendering of professional marital and family therapy services and treatmentto individuals, family groups and marital pairs, singly or in groups. Maritaland family therapy includes but is not limited to the diagnosis and treatment,including psychotherapy, of nervous, emotional, and mental disorders, whethercognitive, affective or behavioral, within the context of marital and familysystems. Marital and family therapy involves the professional application ofpsychotherapeutic and family systems theories and techniques in the delivery ofservices to individuals, marital pairs and families for the purpose of treatingsuch diagnosed nervous and mental disorders;

 

(viii) "Psychotherapy" means the treatment, diagnosis,testing, assessment or counseling in a professional relationship to assistindividuals or groups to alleviate mental disorders, understand unconscious orconscious motivation, resolve emotional relationships, or attitudinalconflicts, or modify behaviors which interfere with effective emotional, socialor intellectual functioning;

 

(ix) "Use of title or description of" means to holdoneself out to the public as having a particular status by means of stating on signs,mailboxes, address plates, stationery, announcements, calling cards or otherinstruments of professional identification;

 

(x) Certified addictions practitioner (CAP) means a personcertified under this act to practice addictions treatment, prevention,intervention, diagnosis, referral and follow up under the supervision of aqualified clinical supervisor licensed in the state of Wyoming;

 

(xi) Certified social worker (CSW) means a person certifiedunder this act to perform social work treatment, prevention, intervention, casemanagement, referral and follow up with individuals diagnosed with mentalillnesses or mental disorders under the supervision of a qualified clinicalsupervisor licensed in the state of Wyoming;

 

(xii) Certified mental health worker (CMHW) means a personcertified under this act to perform mental health procedures under thesupervision of a qualified clinical supervisor licensed in the state ofWyoming;

 

(xiii) "Qualified clinical supervisor" means a licensedprofessional counselor, licensed clinical social worker, licensed marriage andfamily therapist, licensed addictions therapist, licensed psychologist, alicensed psychiatrist, licensed physician with specialty in addictionology or alicensed advanced practitioner of nursing with psychiatric specialty;

 

(xiv) "This act" means W.S. 33-38-101 through33-38-112;

 

(xv) "Domicile" means that place where a person hashis true, fixed and permanent home to which whenever the person is absent theperson has the intention of returning;

 

(xvi) "Certified addictions practitioner assistant"means a person certified under this act to assist in the practice of addictionstreatment, prevention, intervention, referral and followup under thesupervision of a qualified clinical supervisor licensed in the state ofWyoming.

 

33-38-103. Exemptions.

 

(a) Nothing in this act shall be construed to apply to theactivities and services of:

 

(i) Qualified members of other legally recognized professionswho are otherwise licensed or certified by this state, such as physicians,psychologists or registered nurses, from performing services consistent withthe laws of this state, their training and the code of ethics of theirprofessions, provided they do not represent themselves to be practicing the professionsregulated under this act and do not represent themselves to be professionalcounselors, clinical social workers, marriage and family therapists oraddiction therapists, or certified social workers, certified addictionspractitioners or certified mental health workers;

 

(ii) Repealed By Laws 1997, ch. 153, 2.

 

(iii) A student pursuing a course of study in these professionsin an accredited institution of higher education if these activities areperformed under clinical supervision and constitute a part of the supervisedcourse of study, provided that such a person be designated a "student";

 

(iv) Nonresidents who render services in this state for not morethan thirty (30) days during any calendar year, provided that the persons areduly authorized to perform the activities and services under the laws of thestate or county of the person's residency;

 

(v) A rabbi, priest, minister, clergy or any person acting as alay religious counselor of any religious denomination or sect provided the activitiesand services are within the scope of the performance of regular or specializedministerial duties, the counseling is clearly identified as being based onreligious principles and there is no fee for services regulated under this act.This paragraph does not preclude acceptance of donations of any kind;

 

(vi) Persons offering unpaid volunteer services fororganizations or charities provided that these persons are approved by theorganizations or agencies for whom the services are rendered;

 

(vii) School social workers and school counselors certified underthe professional teaching standards board when employed by local schooldistricts.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) Nothing in this act shall prevent a qualified personexempted by this section from being licensed or certified under this act.

 

(d) Nothing in this act shall prevent persons who are notlicensed or certified under this act from providing nonclinical case managementservices to assist the client. Case management services include advocacy,crisis intervention, linkage, monitoring and followup and referral. Forpurposes of this subsection:

 

(i) "Advocacy" means advocacy on behalf of a specificclient for the purpose of accessing needed services;

 

(ii) "Crisis intervention" means intervention andstabilization provided in situations requiring immediate action or resolutionfor a specific client. The case manager may provide the initial intervention ina crisis situation and assist the client in gaining access to other neededclinical crisis intervention;

 

(iii) "Linkage" means working with clients or serviceproviders to secure access to services. Activities include making telephonecalls to agencies to arrange appointments or services following the initialreferral process and preparing clients for appointments;

 

(iv) "Monitoring and followup" means contacting theclient or others to ensure that a client is following a prescribed service planand monitoring the progress and impact of that plan;

 

(v) "Referral" means arranging initial appointmentswith service providers or informing clients of services available and addressesand telephone numbers of agencies providing services.

 

(e) Nothing in this act shall prevent persons who are notlicensed or certified under this act from advising or directing an individualregarding the conduct and behavior required as a participant of a program orsystem.

 

(f) Nothing in this act shall prevent persons who are notlicensed or certified under this act from providing facilitation, leadership orinstruction in educational programs addressing behaviors or life skills. Thissubsection shall not apply to persons providing facilitation, leadership orinstruction to persons in the custody of the department of corrections unlessthe persons in custody have been subjected to mental health screening.

 

33-38-104. Board created; expenses.

 

(a) The board is created and shall consist of six (6) members,residents of the state of Wyoming for a minimum of one (1) year, who shall beappointed by the governor by and with the consent of the senate.

 

(b) Four (4) board members shall be licensed under this act,one (1) from each discipline and two (2) members shall be from the public atlarge. The governor shall through appointments to the board ensure thatappointees are adult citizens and that differences in gender, ethnic origin,and the various levels of graduate and professional degrees and specialties,are represented on the board, though not all such differences will necessarilybe reflected at the same time in board membership. Board members representingthe professional disciplines shall have at least four (4) years of experiencein the discipline. When the term of each member of the board ends, thegovernor shall appoint a successor by and with the consent of the senate for aterm of three (3) years. Any licensed member vacancy occurring on the boardshall be filled by the governor from a list of eligible candidates submitted bythat affiliated discipline whose position is vacant. Public at large vacanciesshall be filled at the pleasure of the governor.

 

(c) The initial board shall be made up of persons engaged infull-time practice or teaching in the disciplines involved and who are eligiblefor licensure under this act. When the initial appointments are made to theboard by the governor, two (2) members shall serve a one (1) year term, two (2)members shall serve two (2) year terms and two (2) members shall serve three(3) year terms as designated by the governor.

 

(d) The members of the board shall be paid mileage and per diemallowance as allowed to state employees when engaged in performing their dutiesas members of the board.

 

(e) The board shall submit an annual report to the governor asrequired by W.S. 9-2-1014.

 

33-38-105. Powers and duties of the board; rules; meetings; fees.

 

(a) The board shall adopt rules not inconsistent with this actor the laws of this state that are reasonable and necessary to administer thisact. A subcommittee from each discipline shall be requested to draft therecommended rules and regulations for that particular discipline and shallsubmit them to the full board for action. The rules shall be adopted inaccordance with the provisions of the Wyoming Administrative Procedure Act.

 

(b) The board shall meet not later than thirty (30) days afterits members are appointed by the governor. The board shall elect a chairpersonand a vice-chairperson and a secretary-treasurer who shall hold officeaccording to the rules adopted by the board.

 

(c) The board shall hold at least one (1) regular meeting eachyear and any special meetings that are properly called as provided by the rulesadopted by the board. Four (4) members constitute a quorum.

 

(d) The board shall conduct hearings on complaints concerningviolations of this act and the rules adopted under this act. The initialinquiry will be conducted by a subcommittee, appointed by the board, composedof members of the discipline in question which will make recommendations to theboard for action.

 

(e) The board may, in its own name, proceed in any court ofcompetent jurisdiction to enjoin and restrain any unlicensed person fromviolating this act and may similarly act to bring suit to prevent or remedy anyother violation of this act or of the rules adopted under this act. The actionis in addition to any other proceeding or remedy authorized by law. The boardshall be represented in all such actions by the attorney general or privatecounsel may be secured with approval of the attorney general.

 

(f) The board may charge an application fee and fees forexaminations, licensing, certification, specialty examination designation,renewal and other services provided in amounts established by the boardpursuant to W.S. 33-1-201. All money received, and the interest thereon, shallbe deposited in the state treasury to the credit of a separate account and maybe used only for the administration of this act.

 

(g) No member of the board is liable for any act performed ingood faith for the performance of duties set forth in this act.

 

(h) 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.

 

33-38-106. Requirements for licensure and certification.

 

(a) The board shall issue a license as a professionalcounselor, marriage and family therapist, clinical social worker or addictionstherapist to any applicant who files an application upon a form and in themanner prescribed by the board, accompanied by the appropriate fee and whofurnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a master's or doctorate degreein one (1) of the disciplines identified from an accredited program andinstitution of higher education, which is professional in content and whichmeets the academic and training content standards established by the board. The board shall use the professional training and experience standards of theappropriate professional associations as established by the rules andregulations;

 

(iv) The applicant has demonstrated knowledge of one (1) of thefields of professional counseling, marriage and family therapy, clinical socialwork or addictions therapy in general by passing a standard examination whichmay be written or situational, as the board prescribes. The board may develop,adopt and administer appropriate examinations. The board shall establishspecific provisions for examination of applicants for licensure in the specificdiscipline at reasonable times and places at least twice each year;

 

(v) The applicant has demonstrated that he has completed threethousand (3,000) hours of supervised clinical experience including a minimum ofone hundred (100) hours of face-to-face individual clinical supervision from aqualified clinical supervisor.

 

(b) Certification under this subsection shall allow practice asa certified social worker only under the supervision of a qualified clinicalsupervisor and subject to any other restrictions which may be specified by theboard. The board shall grant certification as a certified social worker to anyapplicant who files an application upon a form and in the manner prescribed by theboard, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a baccalaureate degree in socialwork from an accredited program and institution of higher education, which isprofessional in content and which meets the academic and training contentstandards established by the board. The board shall use the professionaltraining and experience standards of the appropriate professional associationsas established by the rules and regulations;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofsocial work in general by passing a standard examination which may be writtenor situational, as the board prescribes. The board may develop, adopt andadminister appropriate examinations. The board shall establish specificprovisions for examination of applicants for certification in the specificdiscipline at reasonable times and places at least twice each year;

 

(vi) Unless extended, the applicant has six (6) months from thedate of employment to become certified. The board may, for good cause shown,grant an extension of this grace period.

 

(c) Certification under this subsection shall allow practice asa certified addictions practitioner only under the supervision of a qualifiedclinical supervisor and subject to any other restrictions which may bespecified by the board. The board shall grant certification as a certifiedaddictions practitioner to any applicant who files an application upon a formand in the manner prescribed by the board, accompanied by the appropriate feeand who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a baccalaureate degree in ahuman resource discipline from a regionally accredited institution of highereducation, which is professional in content and which meets the academic andtraining content standards established by the board, or a baccalaureate levelequivalency in addiction therapy. The board shall use the professional trainingand experience standards of the appropriate professional associations asestablished by the rules and regulations;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofaddictions treatment in general by passing a standard examination which may bewritten or situational, as the board prescribes. The board may develop, adoptand administer appropriate examinations. The board shall establish specific provisionsfor examination of applicants for certification in the specific discipline atreasonable times and places at least twice each year;

 

(vi) Unless extended, the applicant has six (6) months from thedate of employment to become certified. The board may, for good cause shown,grant an extension of this grace period.

 

(d) Provisional licensure is a means to continue progresstowards satisfactory completion of all licensure requirements under this act.Upon review and approval by the designated board member or board, the boardshall issue a provisional license to any applicant who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with public interest;

 

(iii) The applicant meets any of the following educationalrequirements:

 

(A) Holds a master's or doctorate degree in one (1) of thedisciplines identified from an accredited program and institution of highereducation which is professional in content and which meets the academic andtraining content standards established by the board; or

 

(B) Holds a master's or doctorate degree which is clinical incontent from a regionally accredited institution of higher education in one (1)of the disciplines identified. During the term of provisional licensure underthis subsection, the applicant shall complete any program deficiencies requiredto meet the academic and training content standards established by the board;or

 

(C) Holds a license for independent clinical practice in goodstanding in the identified discipline for another licensing jurisdiction whichdoes not meet the criteria for reciprocal licensure under this act. During theterm of provisional licensure under this subsection, the applicant shallcomplete any program deficiencies required to meet the academic and trainingcontent standards established by the board.

 

(iv) The provisional licensed professional counselor, clinicalsocial worker, marriage and family therapist and addictions therapist shall beallowed to practice only under the supervision of a qualified clinicalsupervisor and in accordance with any other restrictions specified by theboard;

 

(v) Unless extended, the provisional license shall expirethirty-six (36) months after issuance or upon issuance of a license by theboard under this act, whichever occurs first;

 

(vi) The board may, for good cause shown, grant an extension ofa provisional license subject to any additional restrictions specified by theboard.

 

(e) The board shall issue a license without examination as alicensed professional counselor, licensed clinical social worker, licensedmarriage and family therapist or a licensed addictions therapist to anyapplicant who files an application upon a form and in the manner prescribed bythe board, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant meets all requirements for licensure otherthan the requirement for examination or completion of the required hours ofsupervised clinical experience;

 

(iii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iv) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997;

 

(v) The application and satisfactory supporting evidence arereceived by the board no later than July, 1, 1998.

 

(f) The board shall issue a license without examination as alicensed addictions therapist to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant holds a bachelor's degree in a related fieldand has addictions education and training equivalent to a master's program andhas five (5) years experience practicing in that area;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(g) The board shall issue a license without examination as alicensed professional counselor, to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant has received a master's or doctorate degreein a related field from a regionally accredited institution of highereducation, which is clinical in content and has at least two (2) yearssupervised clinical experience;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(h) The board shall issue a license with examination as alicensed professional counselor, to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant has received a master's or doctorate degreein a related field from a regionally accredited institution of highereducation, which is clinical in context and has less than two (2) yearsclinical experience;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(j) The board shall grant certification without examination asa certified social worker to any applicant who files an application upon aform and in the manner prescribed by the board, accompanied by the appropriatefee and who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant meets all requirements for certification as asocial worker other than the requirement for examination;

 

(iv) The application and satisfactory supporting evidence arereceived by the board no later than July 1, 1998.

 

(k) The board shall grant certification without examination asa certified addictions practitioner to any applicant who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant meets all requirements for certification as acertified addictions practitioner other than the requirement of holding abachelor's degree and examination;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant possesses professional training andexperience meeting criteria established by the board;

 

(iv) The applicant was primarily employed in this state in thepractice of addictions therapy defined by W.S. 33-38-102(a)(iv) through (vii)within two (2) years prior to December 31, 1997 or the applicant, while onactive military duty, was domiciled in this state and was primarily employed inthe practice of addictions therapy defined by W.S. 33-38-102(a)(iv) through(vii) within two (2) years prior to December 31, 1997;

 

(v) The application and satisfactory supporting evidence arereceived by the board no later than July 1, 1998.

 

(m) The board shall issue certification without examination asa certified mental health worker to any applicant who files an application upona form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997, and has five (5) years experience practicingin that area or the applicant, while on active military duty, was domiciled inthis state and was primarily employed in an area of practice defined by W.S.33-38-102(a)(iv) through (vii) within two (2) years prior to December 31, 1997;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with public interest;

 

(iii) The applicant has reached the age of majority.

 

(n) Certification under this subsection shall allow practice asa certified addictions practitioner assistant only under the supervision of aqualified clinical supervisor and subject to any other restrictions which maybe specified by the board. Unless extended, an applicant has six (6) monthsfrom the date of employment to become certified. The board may for good causegrant an extension of this period. The board shall grant certification as acertified addictions practitioner assistant to any applicant who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant has completed two hundred seventy (270)contact hours of education and training in alcoholism and drug abuse or relatedcounseling subjects that meet the academic and training content standardsestablished by the board. The board shall use the professional trainingstandards of the appropriate professional association as established by therules and regulation;

 

(ii) The applicant has reached the age of majority;

 

(iii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofaddictions treatment in general by passing a standard examination which may bewritten and situational, as the board prescribes. The board may develop, adoptand administer appropriate examinations. The board shall establish specificprovisions for examination of applicants for certification in the specificdiscipline at reasonable times and places at least twice each year.

 

(o) Upon examination of all credentials the board may considerthe credentials adequate evidence of professional competence and recommend tothe chairperson of the board that a license or certification be approved.

 

(p) Persons currently licensed in one (1) of these disciplinesin this state as of July 1, 1997 in a discipline required to be licensed underthis act, shall be presumed to have met all requirements for licensure underthis act and shall be eligible for renewal of licensure in accordance with theprovisions of this act.

 

33-38-107. Renewal of license and continuing education.

 

Personslicensed or certified under this act shall submit biennially the appropriaterenewal fee at a time specified by the board. The renewal request shall beaccompanied by evidence satisfactory to the board of compliance with this actand participation in continuing education activities as established by rulesand regulations of the board.

 

33-38-108. Reciprocity.

 

(a) Any individual holding a license in good standing to engagein the practice of professional counseling, clinical social work, marriage andfamily therapy or addictions therapy under the laws of another state havinglicensure requirements substantially similar to those required by this act may,upon approval of the board, be issued a license to practice in this state.

 

(b) Any individual holding a certification in good standing toengage in the practice of social work or addictions therapy under the laws ofanother state having certification requirements substantially similar to thoserequired by this act may, upon approval of the board, be issued certificationto practice in this state.

 

(c) The board shall promulgate rules and regulations settingforth the manner in which credentials shall be reviewed by the board.

 

33-38-109. Disclosure of information.

 

(a) A person licensed or certified under this act shall notdisclose without consent of the client any communication made by the client tothe licensed or certified professional in the course of professional practice,nor may any employee of the licensed or certified professional reveal theinformation without the consent of the employer or client except as indicatedby law.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) A person licensed or certified under this act shall notreveal without the consent of the client or the client's legal advisor hisadvice given in the course of professional employment; nor shall a secretary,stenographer, clerk or other employee of any person licensed or certified underthis act reveal, without the consent of his employer or the client, any facts,the knowledge of which he has acquired in such capacity.

 

33-38-110. Prohibited acts; penalties.

 

(a) No person shall:

 

(i) Engage in the practice of professional counseling, clinicalsocial work, marriage and family therapy or addictions therapy unless licensedor certified to so practice under this act or to represent himself to thepublic as being licensed as a professional counselor, a clinical social worker,a marriage and family therapist or as an addiction therapist, or certified as acertified social worker or certified addictions practitioner, certified mentalhealth worker, or to represent himself to the public as a professionalcounselor, a clinical social worker, a social worker, mental health worker, amarriage and family therapist, an addictions therapist or an addictionspractitioner without having first complied with this act;

 

(ii) Engage in the professional practice of counseling, clinicalsocial work, marriage and family therapy, or addictions therapy and fail toprovide a professional disclosure statement as provided in W.S. 33-38-111except as exempted by W.S. 33-38-103 or other law.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) The board may refuse to renew, or may deny, suspend, revokeor otherwise restrict licensure or certification under this act for any of thefollowing causes:

 

(i) Conviction of a felony or misdemeanor involving moralturpitude, including pleas of nolo contendere. A certified copy of theconviction shall be conclusive evidence of the conviction;

 

(ii) Renting or lending the license or certificate issuedpursuant to this act to any person planning to use that license or certificate;

 

(iii) Unprofessional or unethical conduct;

 

(iv) Gross incompetence and malpractice;

 

(v) Mental incompetency;

 

(vi) Knowingly submitting false or misleading information to theboard in any application for examination, licensure or certification;

 

(vii) Habitual intemperate use of alcohol or a controlledsubstance;

 

(viii) Violation and conviction of a charge under the WyomingControlled Substances Act;

 

(ix) Willful violation of any provisions of this act;

 

(x) Sexual exploitation of a patient, defined as:

 

(A) Any verbal behavior by a licensee or certificate holderunder this chapter which involves offers of exchange of professional servicesfor some form of sexual gratification; or

 

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

 

(xi) Failure to make timely application for licensure,certification or renewal thereof or to meet the continuing educationrequirements prior to the license or certificate expiration date.

 

(d) Proceedings under this section may be taken by the boardfrom matters within its knowledge or upon information from another. If theinformant is a member of the board, the other members of the board shall judgethe accused. All complaints shall be in writing, verified by some partyfamiliar with the facts alleged, and shall be filed with the board. Uponreceiving the complaint the board, if it deems the complaint sufficient, shallproceed as in a contested case under the Wyoming Administrative Procedure Act. Upon revocation of any license or certification, the fact shall be noted uponthe records of the board and the license or certification shall be markedcancelled upon the date of its revocation. Any suspension issued by the boardpursuant to this section shall be for a period not greater than one (1) yearand any licensee or certificate holder sanctioned shall not be allowed topractice in this state until completion of the suspension period and timelyreview by the board. The sanction of revocation upon order of the board shallbe for a stated period not to exceed three (3) years, and a person whoselicense or certification has been revoked may not apply for reinstatement untilthirty (30) days before the end of the stated period of revocation.

 

(e) Persons violating this act are guilty of a misdemeanorpunishable by a fine of not more than seven hundred fifty dollars ($750.00), byimprisonment for not more than six (6) months, or both. A third or subsequentconviction for violation of this section during a thirty-six (36) month periodshall constitute a felony punishable by imprisonment for not more than two (2)years, a fine of not more than two thousand dollars ($2,000.00), or both. Eachviolation shall constitute a separate offense.

 

(f) The board may seek an injunction in the district court toenjoin any person from violating this act.

 

33-38-111. Protection of the public; professional disclosure.

 

Anyindividual licensed or certified under this act is required to conspicuouslydisplay a professional disclosure statement at his place of business or at theprincipal location where his services are performed and to provide a copy ofthe statement to each adult client, or in the case of a minor to the minor'sparent or guardian, before or during the first session and upon request. Theprofessional disclosure statement shall contain the licensee's or certificateholder's name, title, business address and telephone number, listing of formalprofessional education with name of institution attended and specific degreesreceived, licensure status or certificates currently held, statement ofconfidentiality, a statement that the professional ethical code of thediscipline will be followed, including a statement that sexual intimacy with aclient is never appropriate and a statement that the disclosure statement isrequired by the Mental Health Professions Licensing Act. The disclosurestatement may also contain a listing of areas of specialization, includingmajor course of study.

 

33-38-112. Limitation of practice.

 

Alllicensees and certificate holders shall adhere to the ethical standards oftheir discipline, and according to those promulgated in the rules andregulations of the board.

 

33-38-113. Privileged communication.

 

(a) In judicial proceedings, whether civil, criminal, orjuvenile, in administrative proceedings, and in proceedings preliminary andancillary thereto, a patient or client, or his guardian or personalrepresentative, may refuse to disclose and may prevent the disclosure ofconfidential information, including information contained in administrativerecords, communicated to a person licensed or otherwise authorized to practiceunder this act, and their agents, for the purpose of diagnosis, evaluation ortreatment of any mental or emotional condition or disorder. A person licensedor otherwise authorized to practice under this act shall not disclose anyinformation communicated as described above in the absence of an express waiverof the privilege except in the following circumstances:

 

(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 to defend against amalpractice action brought by the patient or client;

 

(iv) Where an immediate threat of physical violence against areadily identifiable victim is disclosed to the person licensed or otherwiseauthorized to practice under this act;

 

(v) In the context of civil commitment proceedings, where animmediate threat of self-inflicted damage is disclosed to the person licensedor otherwise authorized to practice under this act;

 

(vi) Where the patient or client alleges mental or emotionaldamages in civil litigation or otherwise places his mental or emotional statein issue in any judicial or administrative proceeding concerning child custodyor visitation;

 

(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 > Chapter38

CHAPTER 38 - PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILYTHERAPISTS, SOCIAL WORKERS AND CHEMICAL DEPENDENCY SPECIALISTS

 

33-38-101. Short title.

 

Thisact may be cited as the "Mental Health Professions Practice Act".

 

33-38-102. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the mental health professionslicensing board;

 

(ii) "Mental health procedures" means engaging inmethods and techniques which include, but are not restricted to:

 

(A) "Counseling" means assisting clients through thecounseling relationship, using a combination of mental health, psychotherapyand human development principles, methods and techniques, to achieve mental,emotional, physical, social, moral, educational, spiritual or careerdevelopment and adjustment through the life span, but shall not includereligious instruction;

 

(B) "Appraisal" means selecting, administering,scoring and interpreting instruments designed to assess an individual'sattitudes, abilities, achievements, interests and personal characteristics andthe use of methods and techniques for understanding human behavior in relationto coping with, adapting to, or changing life situations;

 

(C) "Consulting" means the application of scientificprinciples and procedures in counseling and human development to provideassistance in understanding and solving current or potential problems that theclient may have in relation to a third party, be it an individual, a group oran organization;

 

(D) "Referral" means evaluating and identifying needsof a client to determine the advisability of referral to other specialists,informing the client of such judgment and communicating as requested or deemedappropriate to such referral sources;

 

(E) "Research" means systematic efforts to collect,evaluate, interpret and apply procedures related to improving the understandingand delivery of counseling services to clients.

 

(iii) "Licensed professional counselor, (LPC), licensedmarriage and family therapist, (LMFT), licensed clinical social worker, (LCSW)and licensed addictions therapist, (LAT)," mean persons who representthemselves to the public by any title or description of psychotherapy servicesincorporating the words "professional counselor", "marriage andfamily therapist", "clinical social worker", or "addictionstherapist", who offer to render professional services in these fields toindividuals, groups, organizations, corporations, institutions, governmentagencies, or the general public for compensation, implying that they arelicensed and trained, experienced or expert in one (1) or more of these fieldsof practice and who hold a valid license to engage in the practice of one (1)or more of these specializations. These persons may practice independent ofsupervision;

 

(iv) "Practice of addictions therapy" means providingservices based on theory and methods of counseling, psychotherapy, andaddictionology to persons who are experiencing cognitive, affective orbehavioral psychosocial dysfunction as a direct or indirect result ofaddiction, chemical dependency, abuse of chemical substances or relateddisorders. The practice of addictions therapy includes, but is not limited to,addiction prevention, crisis intervention, diagnosis, referral, directtreatment, and follow-up treatment which is rendered to individuals, families,groups, organizations, schools and communities who are adversely affected byaddictions or related disorders;

 

(v) "Practice of clinical social work" means applyingsocial work theory and methods to the diagnosis, treatment and prevention ofpsychosocial dysfunction, disability or impairment, including emotional andmental disorders. It is based on knowledge of one (1) or more theories ofhuman development within a psychosocial context. The perspective ofperson-in-situation is central to professional social work practice.Professional clinical social work includes but is not limited to interventions directedto interpersonal interactions, intrapsychic dynamics, and life support andmanagement issues. Professional clinical social work services consist ofassessment, diagnosis, treatment, including psychotherapy and counseling,client-centered advocacy, consultation and evaluation with individuals,families, groups, communities and organizations;

 

(vi) "Practice of counseling" means rendering toindividuals, couples, families, groups, organizations, corporations,institutions, government agencies or the general public a service thatintegrates a wellness, pathology and multicultural model of human behavior. This model applies a combination of mental health, psychotherapeutic, and humandevelopment principles and procedures to help clients achieve effective mental,emotional, physical, social, moral, educational, spiritual or careerdevelopment and adjustment throughout the life span, and includes thediagnostic description and treatment of mental disorders or disabilities withinthe range of the professional's preparation;

 

(vii) "Practice of marriage and family therapy" meansthe rendering of professional marital and family therapy services and treatmentto individuals, family groups and marital pairs, singly or in groups. Maritaland family therapy includes but is not limited to the diagnosis and treatment,including psychotherapy, of nervous, emotional, and mental disorders, whethercognitive, affective or behavioral, within the context of marital and familysystems. Marital and family therapy involves the professional application ofpsychotherapeutic and family systems theories and techniques in the delivery ofservices to individuals, marital pairs and families for the purpose of treatingsuch diagnosed nervous and mental disorders;

 

(viii) "Psychotherapy" means the treatment, diagnosis,testing, assessment or counseling in a professional relationship to assistindividuals or groups to alleviate mental disorders, understand unconscious orconscious motivation, resolve emotional relationships, or attitudinalconflicts, or modify behaviors which interfere with effective emotional, socialor intellectual functioning;

 

(ix) "Use of title or description of" means to holdoneself out to the public as having a particular status by means of stating on signs,mailboxes, address plates, stationery, announcements, calling cards or otherinstruments of professional identification;

 

(x) Certified addictions practitioner (CAP) means a personcertified under this act to practice addictions treatment, prevention,intervention, diagnosis, referral and follow up under the supervision of aqualified clinical supervisor licensed in the state of Wyoming;

 

(xi) Certified social worker (CSW) means a person certifiedunder this act to perform social work treatment, prevention, intervention, casemanagement, referral and follow up with individuals diagnosed with mentalillnesses or mental disorders under the supervision of a qualified clinicalsupervisor licensed in the state of Wyoming;

 

(xii) Certified mental health worker (CMHW) means a personcertified under this act to perform mental health procedures under thesupervision of a qualified clinical supervisor licensed in the state ofWyoming;

 

(xiii) "Qualified clinical supervisor" means a licensedprofessional counselor, licensed clinical social worker, licensed marriage andfamily therapist, licensed addictions therapist, licensed psychologist, alicensed psychiatrist, licensed physician with specialty in addictionology or alicensed advanced practitioner of nursing with psychiatric specialty;

 

(xiv) "This act" means W.S. 33-38-101 through33-38-112;

 

(xv) "Domicile" means that place where a person hashis true, fixed and permanent home to which whenever the person is absent theperson has the intention of returning;

 

(xvi) "Certified addictions practitioner assistant"means a person certified under this act to assist in the practice of addictionstreatment, prevention, intervention, referral and followup under thesupervision of a qualified clinical supervisor licensed in the state ofWyoming.

 

33-38-103. Exemptions.

 

(a) Nothing in this act shall be construed to apply to theactivities and services of:

 

(i) Qualified members of other legally recognized professionswho are otherwise licensed or certified by this state, such as physicians,psychologists or registered nurses, from performing services consistent withthe laws of this state, their training and the code of ethics of theirprofessions, provided they do not represent themselves to be practicing the professionsregulated under this act and do not represent themselves to be professionalcounselors, clinical social workers, marriage and family therapists oraddiction therapists, or certified social workers, certified addictionspractitioners or certified mental health workers;

 

(ii) Repealed By Laws 1997, ch. 153, 2.

 

(iii) A student pursuing a course of study in these professionsin an accredited institution of higher education if these activities areperformed under clinical supervision and constitute a part of the supervisedcourse of study, provided that such a person be designated a "student";

 

(iv) Nonresidents who render services in this state for not morethan thirty (30) days during any calendar year, provided that the persons areduly authorized to perform the activities and services under the laws of thestate or county of the person's residency;

 

(v) A rabbi, priest, minister, clergy or any person acting as alay religious counselor of any religious denomination or sect provided the activitiesand services are within the scope of the performance of regular or specializedministerial duties, the counseling is clearly identified as being based onreligious principles and there is no fee for services regulated under this act.This paragraph does not preclude acceptance of donations of any kind;

 

(vi) Persons offering unpaid volunteer services fororganizations or charities provided that these persons are approved by theorganizations or agencies for whom the services are rendered;

 

(vii) School social workers and school counselors certified underthe professional teaching standards board when employed by local schooldistricts.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) Nothing in this act shall prevent a qualified personexempted by this section from being licensed or certified under this act.

 

(d) Nothing in this act shall prevent persons who are notlicensed or certified under this act from providing nonclinical case managementservices to assist the client. Case management services include advocacy,crisis intervention, linkage, monitoring and followup and referral. Forpurposes of this subsection:

 

(i) "Advocacy" means advocacy on behalf of a specificclient for the purpose of accessing needed services;

 

(ii) "Crisis intervention" means intervention andstabilization provided in situations requiring immediate action or resolutionfor a specific client. The case manager may provide the initial intervention ina crisis situation and assist the client in gaining access to other neededclinical crisis intervention;

 

(iii) "Linkage" means working with clients or serviceproviders to secure access to services. Activities include making telephonecalls to agencies to arrange appointments or services following the initialreferral process and preparing clients for appointments;

 

(iv) "Monitoring and followup" means contacting theclient or others to ensure that a client is following a prescribed service planand monitoring the progress and impact of that plan;

 

(v) "Referral" means arranging initial appointmentswith service providers or informing clients of services available and addressesand telephone numbers of agencies providing services.

 

(e) Nothing in this act shall prevent persons who are notlicensed or certified under this act from advising or directing an individualregarding the conduct and behavior required as a participant of a program orsystem.

 

(f) Nothing in this act shall prevent persons who are notlicensed or certified under this act from providing facilitation, leadership orinstruction in educational programs addressing behaviors or life skills. Thissubsection shall not apply to persons providing facilitation, leadership orinstruction to persons in the custody of the department of corrections unlessthe persons in custody have been subjected to mental health screening.

 

33-38-104. Board created; expenses.

 

(a) The board is created and shall consist of six (6) members,residents of the state of Wyoming for a minimum of one (1) year, who shall beappointed by the governor by and with the consent of the senate.

 

(b) Four (4) board members shall be licensed under this act,one (1) from each discipline and two (2) members shall be from the public atlarge. The governor shall through appointments to the board ensure thatappointees are adult citizens and that differences in gender, ethnic origin,and the various levels of graduate and professional degrees and specialties,are represented on the board, though not all such differences will necessarilybe reflected at the same time in board membership. Board members representingthe professional disciplines shall have at least four (4) years of experiencein the discipline. When the term of each member of the board ends, thegovernor shall appoint a successor by and with the consent of the senate for aterm of three (3) years. Any licensed member vacancy occurring on the boardshall be filled by the governor from a list of eligible candidates submitted bythat affiliated discipline whose position is vacant. Public at large vacanciesshall be filled at the pleasure of the governor.

 

(c) The initial board shall be made up of persons engaged infull-time practice or teaching in the disciplines involved and who are eligiblefor licensure under this act. When the initial appointments are made to theboard by the governor, two (2) members shall serve a one (1) year term, two (2)members shall serve two (2) year terms and two (2) members shall serve three(3) year terms as designated by the governor.

 

(d) The members of the board shall be paid mileage and per diemallowance as allowed to state employees when engaged in performing their dutiesas members of the board.

 

(e) The board shall submit an annual report to the governor asrequired by W.S. 9-2-1014.

 

33-38-105. Powers and duties of the board; rules; meetings; fees.

 

(a) The board shall adopt rules not inconsistent with this actor the laws of this state that are reasonable and necessary to administer thisact. A subcommittee from each discipline shall be requested to draft therecommended rules and regulations for that particular discipline and shallsubmit them to the full board for action. The rules shall be adopted inaccordance with the provisions of the Wyoming Administrative Procedure Act.

 

(b) The board shall meet not later than thirty (30) days afterits members are appointed by the governor. The board shall elect a chairpersonand a vice-chairperson and a secretary-treasurer who shall hold officeaccording to the rules adopted by the board.

 

(c) The board shall hold at least one (1) regular meeting eachyear and any special meetings that are properly called as provided by the rulesadopted by the board. Four (4) members constitute a quorum.

 

(d) The board shall conduct hearings on complaints concerningviolations of this act and the rules adopted under this act. The initialinquiry will be conducted by a subcommittee, appointed by the board, composedof members of the discipline in question which will make recommendations to theboard for action.

 

(e) The board may, in its own name, proceed in any court ofcompetent jurisdiction to enjoin and restrain any unlicensed person fromviolating this act and may similarly act to bring suit to prevent or remedy anyother violation of this act or of the rules adopted under this act. The actionis in addition to any other proceeding or remedy authorized by law. The boardshall be represented in all such actions by the attorney general or privatecounsel may be secured with approval of the attorney general.

 

(f) The board may charge an application fee and fees forexaminations, licensing, certification, specialty examination designation,renewal and other services provided in amounts established by the boardpursuant to W.S. 33-1-201. All money received, and the interest thereon, shallbe deposited in the state treasury to the credit of a separate account and maybe used only for the administration of this act.

 

(g) No member of the board is liable for any act performed ingood faith for the performance of duties set forth in this act.

 

(h) 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.

 

33-38-106. Requirements for licensure and certification.

 

(a) The board shall issue a license as a professionalcounselor, marriage and family therapist, clinical social worker or addictionstherapist to any applicant who files an application upon a form and in themanner prescribed by the board, accompanied by the appropriate fee and whofurnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a master's or doctorate degreein one (1) of the disciplines identified from an accredited program andinstitution of higher education, which is professional in content and whichmeets the academic and training content standards established by the board. The board shall use the professional training and experience standards of theappropriate professional associations as established by the rules andregulations;

 

(iv) The applicant has demonstrated knowledge of one (1) of thefields of professional counseling, marriage and family therapy, clinical socialwork or addictions therapy in general by passing a standard examination whichmay be written or situational, as the board prescribes. The board may develop,adopt and administer appropriate examinations. The board shall establishspecific provisions for examination of applicants for licensure in the specificdiscipline at reasonable times and places at least twice each year;

 

(v) The applicant has demonstrated that he has completed threethousand (3,000) hours of supervised clinical experience including a minimum ofone hundred (100) hours of face-to-face individual clinical supervision from aqualified clinical supervisor.

 

(b) Certification under this subsection shall allow practice asa certified social worker only under the supervision of a qualified clinicalsupervisor and subject to any other restrictions which may be specified by theboard. The board shall grant certification as a certified social worker to anyapplicant who files an application upon a form and in the manner prescribed by theboard, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a baccalaureate degree in socialwork from an accredited program and institution of higher education, which isprofessional in content and which meets the academic and training contentstandards established by the board. The board shall use the professionaltraining and experience standards of the appropriate professional associationsas established by the rules and regulations;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofsocial work in general by passing a standard examination which may be writtenor situational, as the board prescribes. The board may develop, adopt andadminister appropriate examinations. The board shall establish specificprovisions for examination of applicants for certification in the specificdiscipline at reasonable times and places at least twice each year;

 

(vi) Unless extended, the applicant has six (6) months from thedate of employment to become certified. The board may, for good cause shown,grant an extension of this grace period.

 

(c) Certification under this subsection shall allow practice asa certified addictions practitioner only under the supervision of a qualifiedclinical supervisor and subject to any other restrictions which may bespecified by the board. The board shall grant certification as a certifiedaddictions practitioner to any applicant who files an application upon a formand in the manner prescribed by the board, accompanied by the appropriate feeand who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a baccalaureate degree in ahuman resource discipline from a regionally accredited institution of highereducation, which is professional in content and which meets the academic andtraining content standards established by the board, or a baccalaureate levelequivalency in addiction therapy. The board shall use the professional trainingand experience standards of the appropriate professional associations asestablished by the rules and regulations;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofaddictions treatment in general by passing a standard examination which may bewritten or situational, as the board prescribes. The board may develop, adoptand administer appropriate examinations. The board shall establish specific provisionsfor examination of applicants for certification in the specific discipline atreasonable times and places at least twice each year;

 

(vi) Unless extended, the applicant has six (6) months from thedate of employment to become certified. The board may, for good cause shown,grant an extension of this grace period.

 

(d) Provisional licensure is a means to continue progresstowards satisfactory completion of all licensure requirements under this act.Upon review and approval by the designated board member or board, the boardshall issue a provisional license to any applicant who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with public interest;

 

(iii) The applicant meets any of the following educationalrequirements:

 

(A) Holds a master's or doctorate degree in one (1) of thedisciplines identified from an accredited program and institution of highereducation which is professional in content and which meets the academic andtraining content standards established by the board; or

 

(B) Holds a master's or doctorate degree which is clinical incontent from a regionally accredited institution of higher education in one (1)of the disciplines identified. During the term of provisional licensure underthis subsection, the applicant shall complete any program deficiencies requiredto meet the academic and training content standards established by the board;or

 

(C) Holds a license for independent clinical practice in goodstanding in the identified discipline for another licensing jurisdiction whichdoes not meet the criteria for reciprocal licensure under this act. During theterm of provisional licensure under this subsection, the applicant shallcomplete any program deficiencies required to meet the academic and trainingcontent standards established by the board.

 

(iv) The provisional licensed professional counselor, clinicalsocial worker, marriage and family therapist and addictions therapist shall beallowed to practice only under the supervision of a qualified clinicalsupervisor and in accordance with any other restrictions specified by theboard;

 

(v) Unless extended, the provisional license shall expirethirty-six (36) months after issuance or upon issuance of a license by theboard under this act, whichever occurs first;

 

(vi) The board may, for good cause shown, grant an extension ofa provisional license subject to any additional restrictions specified by theboard.

 

(e) The board shall issue a license without examination as alicensed professional counselor, licensed clinical social worker, licensedmarriage and family therapist or a licensed addictions therapist to anyapplicant who files an application upon a form and in the manner prescribed bythe board, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant meets all requirements for licensure otherthan the requirement for examination or completion of the required hours ofsupervised clinical experience;

 

(iii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iv) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997;

 

(v) The application and satisfactory supporting evidence arereceived by the board no later than July, 1, 1998.

 

(f) The board shall issue a license without examination as alicensed addictions therapist to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant holds a bachelor's degree in a related fieldand has addictions education and training equivalent to a master's program andhas five (5) years experience practicing in that area;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(g) The board shall issue a license without examination as alicensed professional counselor, to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant has received a master's or doctorate degreein a related field from a regionally accredited institution of highereducation, which is clinical in content and has at least two (2) yearssupervised clinical experience;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(h) The board shall issue a license with examination as alicensed professional counselor, to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant has received a master's or doctorate degreein a related field from a regionally accredited institution of highereducation, which is clinical in context and has less than two (2) yearsclinical experience;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(j) The board shall grant certification without examination asa certified social worker to any applicant who files an application upon aform and in the manner prescribed by the board, accompanied by the appropriatefee and who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant meets all requirements for certification as asocial worker other than the requirement for examination;

 

(iv) The application and satisfactory supporting evidence arereceived by the board no later than July 1, 1998.

 

(k) The board shall grant certification without examination asa certified addictions practitioner to any applicant who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant meets all requirements for certification as acertified addictions practitioner other than the requirement of holding abachelor's degree and examination;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant possesses professional training andexperience meeting criteria established by the board;

 

(iv) The applicant was primarily employed in this state in thepractice of addictions therapy defined by W.S. 33-38-102(a)(iv) through (vii)within two (2) years prior to December 31, 1997 or the applicant, while onactive military duty, was domiciled in this state and was primarily employed inthe practice of addictions therapy defined by W.S. 33-38-102(a)(iv) through(vii) within two (2) years prior to December 31, 1997;

 

(v) The application and satisfactory supporting evidence arereceived by the board no later than July 1, 1998.

 

(m) The board shall issue certification without examination asa certified mental health worker to any applicant who files an application upona form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997, and has five (5) years experience practicingin that area or the applicant, while on active military duty, was domiciled inthis state and was primarily employed in an area of practice defined by W.S.33-38-102(a)(iv) through (vii) within two (2) years prior to December 31, 1997;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with public interest;

 

(iii) The applicant has reached the age of majority.

 

(n) Certification under this subsection shall allow practice asa certified addictions practitioner assistant only under the supervision of aqualified clinical supervisor and subject to any other restrictions which maybe specified by the board. Unless extended, an applicant has six (6) monthsfrom the date of employment to become certified. The board may for good causegrant an extension of this period. The board shall grant certification as acertified addictions practitioner assistant to any applicant who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant has completed two hundred seventy (270)contact hours of education and training in alcoholism and drug abuse or relatedcounseling subjects that meet the academic and training content standardsestablished by the board. The board shall use the professional trainingstandards of the appropriate professional association as established by therules and regulation;

 

(ii) The applicant has reached the age of majority;

 

(iii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofaddictions treatment in general by passing a standard examination which may bewritten and situational, as the board prescribes. The board may develop, adoptand administer appropriate examinations. The board shall establish specificprovisions for examination of applicants for certification in the specificdiscipline at reasonable times and places at least twice each year.

 

(o) Upon examination of all credentials the board may considerthe credentials adequate evidence of professional competence and recommend tothe chairperson of the board that a license or certification be approved.

 

(p) Persons currently licensed in one (1) of these disciplinesin this state as of July 1, 1997 in a discipline required to be licensed underthis act, shall be presumed to have met all requirements for licensure underthis act and shall be eligible for renewal of licensure in accordance with theprovisions of this act.

 

33-38-107. Renewal of license and continuing education.

 

Personslicensed or certified under this act shall submit biennially the appropriaterenewal fee at a time specified by the board. The renewal request shall beaccompanied by evidence satisfactory to the board of compliance with this actand participation in continuing education activities as established by rulesand regulations of the board.

 

33-38-108. Reciprocity.

 

(a) Any individual holding a license in good standing to engagein the practice of professional counseling, clinical social work, marriage andfamily therapy or addictions therapy under the laws of another state havinglicensure requirements substantially similar to those required by this act may,upon approval of the board, be issued a license to practice in this state.

 

(b) Any individual holding a certification in good standing toengage in the practice of social work or addictions therapy under the laws ofanother state having certification requirements substantially similar to thoserequired by this act may, upon approval of the board, be issued certificationto practice in this state.

 

(c) The board shall promulgate rules and regulations settingforth the manner in which credentials shall be reviewed by the board.

 

33-38-109. Disclosure of information.

 

(a) A person licensed or certified under this act shall notdisclose without consent of the client any communication made by the client tothe licensed or certified professional in the course of professional practice,nor may any employee of the licensed or certified professional reveal theinformation without the consent of the employer or client except as indicatedby law.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) A person licensed or certified under this act shall notreveal without the consent of the client or the client's legal advisor hisadvice given in the course of professional employment; nor shall a secretary,stenographer, clerk or other employee of any person licensed or certified underthis act reveal, without the consent of his employer or the client, any facts,the knowledge of which he has acquired in such capacity.

 

33-38-110. Prohibited acts; penalties.

 

(a) No person shall:

 

(i) Engage in the practice of professional counseling, clinicalsocial work, marriage and family therapy or addictions therapy unless licensedor certified to so practice under this act or to represent himself to thepublic as being licensed as a professional counselor, a clinical social worker,a marriage and family therapist or as an addiction therapist, or certified as acertified social worker or certified addictions practitioner, certified mentalhealth worker, or to represent himself to the public as a professionalcounselor, a clinical social worker, a social worker, mental health worker, amarriage and family therapist, an addictions therapist or an addictionspractitioner without having first complied with this act;

 

(ii) Engage in the professional practice of counseling, clinicalsocial work, marriage and family therapy, or addictions therapy and fail toprovide a professional disclosure statement as provided in W.S. 33-38-111except as exempted by W.S. 33-38-103 or other law.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) The board may refuse to renew, or may deny, suspend, revokeor otherwise restrict licensure or certification under this act for any of thefollowing causes:

 

(i) Conviction of a felony or misdemeanor involving moralturpitude, including pleas of nolo contendere. A certified copy of theconviction shall be conclusive evidence of the conviction;

 

(ii) Renting or lending the license or certificate issuedpursuant to this act to any person planning to use that license or certificate;

 

(iii) Unprofessional or unethical conduct;

 

(iv) Gross incompetence and malpractice;

 

(v) Mental incompetency;

 

(vi) Knowingly submitting false or misleading information to theboard in any application for examination, licensure or certification;

 

(vii) Habitual intemperate use of alcohol or a controlledsubstance;

 

(viii) Violation and conviction of a charge under the WyomingControlled Substances Act;

 

(ix) Willful violation of any provisions of this act;

 

(x) Sexual exploitation of a patient, defined as:

 

(A) Any verbal behavior by a licensee or certificate holderunder this chapter which involves offers of exchange of professional servicesfor some form of sexual gratification; or

 

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

 

(xi) Failure to make timely application for licensure,certification or renewal thereof or to meet the continuing educationrequirements prior to the license or certificate expiration date.

 

(d) Proceedings under this section may be taken by the boardfrom matters within its knowledge or upon information from another. If theinformant is a member of the board, the other members of the board shall judgethe accused. All complaints shall be in writing, verified by some partyfamiliar with the facts alleged, and shall be filed with the board. Uponreceiving the complaint the board, if it deems the complaint sufficient, shallproceed as in a contested case under the Wyoming Administrative Procedure Act. Upon revocation of any license or certification, the fact shall be noted uponthe records of the board and the license or certification shall be markedcancelled upon the date of its revocation. Any suspension issued by the boardpursuant to this section shall be for a period not greater than one (1) yearand any licensee or certificate holder sanctioned shall not be allowed topractice in this state until completion of the suspension period and timelyreview by the board. The sanction of revocation upon order of the board shallbe for a stated period not to exceed three (3) years, and a person whoselicense or certification has been revoked may not apply for reinstatement untilthirty (30) days before the end of the stated period of revocation.

 

(e) Persons violating this act are guilty of a misdemeanorpunishable by a fine of not more than seven hundred fifty dollars ($750.00), byimprisonment for not more than six (6) months, or both. A third or subsequentconviction for violation of this section during a thirty-six (36) month periodshall constitute a felony punishable by imprisonment for not more than two (2)years, a fine of not more than two thousand dollars ($2,000.00), or both. Eachviolation shall constitute a separate offense.

 

(f) The board may seek an injunction in the district court toenjoin any person from violating this act.

 

33-38-111. Protection of the public; professional disclosure.

 

Anyindividual licensed or certified under this act is required to conspicuouslydisplay a professional disclosure statement at his place of business or at theprincipal location where his services are performed and to provide a copy ofthe statement to each adult client, or in the case of a minor to the minor'sparent or guardian, before or during the first session and upon request. Theprofessional disclosure statement shall contain the licensee's or certificateholder's name, title, business address and telephone number, listing of formalprofessional education with name of institution attended and specific degreesreceived, licensure status or certificates currently held, statement ofconfidentiality, a statement that the professional ethical code of thediscipline will be followed, including a statement that sexual intimacy with aclient is never appropriate and a statement that the disclosure statement isrequired by the Mental Health Professions Licensing Act. The disclosurestatement may also contain a listing of areas of specialization, includingmajor course of study.

 

33-38-112. Limitation of practice.

 

Alllicensees and certificate holders shall adhere to the ethical standards oftheir discipline, and according to those promulgated in the rules andregulations of the board.

 

33-38-113. Privileged communication.

 

(a) In judicial proceedings, whether civil, criminal, orjuvenile, in administrative proceedings, and in proceedings preliminary andancillary thereto, a patient or client, or his guardian or personalrepresentative, may refuse to disclose and may prevent the disclosure ofconfidential information, including information contained in administrativerecords, communicated to a person licensed or otherwise authorized to practiceunder this act, and their agents, for the purpose of diagnosis, evaluation ortreatment of any mental or emotional condition or disorder. A person licensedor otherwise authorized to practice under this act shall not disclose anyinformation communicated as described above in the absence of an express waiverof the privilege except in the following circumstances:

 

(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 to defend against amalpractice action brought by the patient or client;

 

(iv) Where an immediate threat of physical violence against areadily identifiable victim is disclosed to the person licensed or otherwiseauthorized to practice under this act;

 

(v) In the context of civil commitment proceedings, where animmediate threat of self-inflicted damage is disclosed to the person licensedor otherwise authorized to practice under this act;

 

(vi) Where the patient or client alleges mental or emotionaldamages in civil litigation or otherwise places his mental or emotional statein issue in any judicial or administrative proceeding concerning child custodyor visitation;

 

(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 > Chapter38

CHAPTER 38 - PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILYTHERAPISTS, SOCIAL WORKERS AND CHEMICAL DEPENDENCY SPECIALISTS

 

33-38-101. Short title.

 

Thisact may be cited as the "Mental Health Professions Practice Act".

 

33-38-102. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the mental health professionslicensing board;

 

(ii) "Mental health procedures" means engaging inmethods and techniques which include, but are not restricted to:

 

(A) "Counseling" means assisting clients through thecounseling relationship, using a combination of mental health, psychotherapyand human development principles, methods and techniques, to achieve mental,emotional, physical, social, moral, educational, spiritual or careerdevelopment and adjustment through the life span, but shall not includereligious instruction;

 

(B) "Appraisal" means selecting, administering,scoring and interpreting instruments designed to assess an individual'sattitudes, abilities, achievements, interests and personal characteristics andthe use of methods and techniques for understanding human behavior in relationto coping with, adapting to, or changing life situations;

 

(C) "Consulting" means the application of scientificprinciples and procedures in counseling and human development to provideassistance in understanding and solving current or potential problems that theclient may have in relation to a third party, be it an individual, a group oran organization;

 

(D) "Referral" means evaluating and identifying needsof a client to determine the advisability of referral to other specialists,informing the client of such judgment and communicating as requested or deemedappropriate to such referral sources;

 

(E) "Research" means systematic efforts to collect,evaluate, interpret and apply procedures related to improving the understandingand delivery of counseling services to clients.

 

(iii) "Licensed professional counselor, (LPC), licensedmarriage and family therapist, (LMFT), licensed clinical social worker, (LCSW)and licensed addictions therapist, (LAT)," mean persons who representthemselves to the public by any title or description of psychotherapy servicesincorporating the words "professional counselor", "marriage andfamily therapist", "clinical social worker", or "addictionstherapist", who offer to render professional services in these fields toindividuals, groups, organizations, corporations, institutions, governmentagencies, or the general public for compensation, implying that they arelicensed and trained, experienced or expert in one (1) or more of these fieldsof practice and who hold a valid license to engage in the practice of one (1)or more of these specializations. These persons may practice independent ofsupervision;

 

(iv) "Practice of addictions therapy" means providingservices based on theory and methods of counseling, psychotherapy, andaddictionology to persons who are experiencing cognitive, affective orbehavioral psychosocial dysfunction as a direct or indirect result ofaddiction, chemical dependency, abuse of chemical substances or relateddisorders. The practice of addictions therapy includes, but is not limited to,addiction prevention, crisis intervention, diagnosis, referral, directtreatment, and follow-up treatment which is rendered to individuals, families,groups, organizations, schools and communities who are adversely affected byaddictions or related disorders;

 

(v) "Practice of clinical social work" means applyingsocial work theory and methods to the diagnosis, treatment and prevention ofpsychosocial dysfunction, disability or impairment, including emotional andmental disorders. It is based on knowledge of one (1) or more theories ofhuman development within a psychosocial context. The perspective ofperson-in-situation is central to professional social work practice.Professional clinical social work includes but is not limited to interventions directedto interpersonal interactions, intrapsychic dynamics, and life support andmanagement issues. Professional clinical social work services consist ofassessment, diagnosis, treatment, including psychotherapy and counseling,client-centered advocacy, consultation and evaluation with individuals,families, groups, communities and organizations;

 

(vi) "Practice of counseling" means rendering toindividuals, couples, families, groups, organizations, corporations,institutions, government agencies or the general public a service thatintegrates a wellness, pathology and multicultural model of human behavior. This model applies a combination of mental health, psychotherapeutic, and humandevelopment principles and procedures to help clients achieve effective mental,emotional, physical, social, moral, educational, spiritual or careerdevelopment and adjustment throughout the life span, and includes thediagnostic description and treatment of mental disorders or disabilities withinthe range of the professional's preparation;

 

(vii) "Practice of marriage and family therapy" meansthe rendering of professional marital and family therapy services and treatmentto individuals, family groups and marital pairs, singly or in groups. Maritaland family therapy includes but is not limited to the diagnosis and treatment,including psychotherapy, of nervous, emotional, and mental disorders, whethercognitive, affective or behavioral, within the context of marital and familysystems. Marital and family therapy involves the professional application ofpsychotherapeutic and family systems theories and techniques in the delivery ofservices to individuals, marital pairs and families for the purpose of treatingsuch diagnosed nervous and mental disorders;

 

(viii) "Psychotherapy" means the treatment, diagnosis,testing, assessment or counseling in a professional relationship to assistindividuals or groups to alleviate mental disorders, understand unconscious orconscious motivation, resolve emotional relationships, or attitudinalconflicts, or modify behaviors which interfere with effective emotional, socialor intellectual functioning;

 

(ix) "Use of title or description of" means to holdoneself out to the public as having a particular status by means of stating on signs,mailboxes, address plates, stationery, announcements, calling cards or otherinstruments of professional identification;

 

(x) Certified addictions practitioner (CAP) means a personcertified under this act to practice addictions treatment, prevention,intervention, diagnosis, referral and follow up under the supervision of aqualified clinical supervisor licensed in the state of Wyoming;

 

(xi) Certified social worker (CSW) means a person certifiedunder this act to perform social work treatment, prevention, intervention, casemanagement, referral and follow up with individuals diagnosed with mentalillnesses or mental disorders under the supervision of a qualified clinicalsupervisor licensed in the state of Wyoming;

 

(xii) Certified mental health worker (CMHW) means a personcertified under this act to perform mental health procedures under thesupervision of a qualified clinical supervisor licensed in the state ofWyoming;

 

(xiii) "Qualified clinical supervisor" means a licensedprofessional counselor, licensed clinical social worker, licensed marriage andfamily therapist, licensed addictions therapist, licensed psychologist, alicensed psychiatrist, licensed physician with specialty in addictionology or alicensed advanced practitioner of nursing with psychiatric specialty;

 

(xiv) "This act" means W.S. 33-38-101 through33-38-112;

 

(xv) "Domicile" means that place where a person hashis true, fixed and permanent home to which whenever the person is absent theperson has the intention of returning;

 

(xvi) "Certified addictions practitioner assistant"means a person certified under this act to assist in the practice of addictionstreatment, prevention, intervention, referral and followup under thesupervision of a qualified clinical supervisor licensed in the state ofWyoming.

 

33-38-103. Exemptions.

 

(a) Nothing in this act shall be construed to apply to theactivities and services of:

 

(i) Qualified members of other legally recognized professionswho are otherwise licensed or certified by this state, such as physicians,psychologists or registered nurses, from performing services consistent withthe laws of this state, their training and the code of ethics of theirprofessions, provided they do not represent themselves to be practicing the professionsregulated under this act and do not represent themselves to be professionalcounselors, clinical social workers, marriage and family therapists oraddiction therapists, or certified social workers, certified addictionspractitioners or certified mental health workers;

 

(ii) Repealed By Laws 1997, ch. 153, 2.

 

(iii) A student pursuing a course of study in these professionsin an accredited institution of higher education if these activities areperformed under clinical supervision and constitute a part of the supervisedcourse of study, provided that such a person be designated a "student";

 

(iv) Nonresidents who render services in this state for not morethan thirty (30) days during any calendar year, provided that the persons areduly authorized to perform the activities and services under the laws of thestate or county of the person's residency;

 

(v) A rabbi, priest, minister, clergy or any person acting as alay religious counselor of any religious denomination or sect provided the activitiesand services are within the scope of the performance of regular or specializedministerial duties, the counseling is clearly identified as being based onreligious principles and there is no fee for services regulated under this act.This paragraph does not preclude acceptance of donations of any kind;

 

(vi) Persons offering unpaid volunteer services fororganizations or charities provided that these persons are approved by theorganizations or agencies for whom the services are rendered;

 

(vii) School social workers and school counselors certified underthe professional teaching standards board when employed by local schooldistricts.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) Nothing in this act shall prevent a qualified personexempted by this section from being licensed or certified under this act.

 

(d) Nothing in this act shall prevent persons who are notlicensed or certified under this act from providing nonclinical case managementservices to assist the client. Case management services include advocacy,crisis intervention, linkage, monitoring and followup and referral. Forpurposes of this subsection:

 

(i) "Advocacy" means advocacy on behalf of a specificclient for the purpose of accessing needed services;

 

(ii) "Crisis intervention" means intervention andstabilization provided in situations requiring immediate action or resolutionfor a specific client. The case manager may provide the initial intervention ina crisis situation and assist the client in gaining access to other neededclinical crisis intervention;

 

(iii) "Linkage" means working with clients or serviceproviders to secure access to services. Activities include making telephonecalls to agencies to arrange appointments or services following the initialreferral process and preparing clients for appointments;

 

(iv) "Monitoring and followup" means contacting theclient or others to ensure that a client is following a prescribed service planand monitoring the progress and impact of that plan;

 

(v) "Referral" means arranging initial appointmentswith service providers or informing clients of services available and addressesand telephone numbers of agencies providing services.

 

(e) Nothing in this act shall prevent persons who are notlicensed or certified under this act from advising or directing an individualregarding the conduct and behavior required as a participant of a program orsystem.

 

(f) Nothing in this act shall prevent persons who are notlicensed or certified under this act from providing facilitation, leadership orinstruction in educational programs addressing behaviors or life skills. Thissubsection shall not apply to persons providing facilitation, leadership orinstruction to persons in the custody of the department of corrections unlessthe persons in custody have been subjected to mental health screening.

 

33-38-104. Board created; expenses.

 

(a) The board is created and shall consist of six (6) members,residents of the state of Wyoming for a minimum of one (1) year, who shall beappointed by the governor by and with the consent of the senate.

 

(b) Four (4) board members shall be licensed under this act,one (1) from each discipline and two (2) members shall be from the public atlarge. The governor shall through appointments to the board ensure thatappointees are adult citizens and that differences in gender, ethnic origin,and the various levels of graduate and professional degrees and specialties,are represented on the board, though not all such differences will necessarilybe reflected at the same time in board membership. Board members representingthe professional disciplines shall have at least four (4) years of experiencein the discipline. When the term of each member of the board ends, thegovernor shall appoint a successor by and with the consent of the senate for aterm of three (3) years. Any licensed member vacancy occurring on the boardshall be filled by the governor from a list of eligible candidates submitted bythat affiliated discipline whose position is vacant. Public at large vacanciesshall be filled at the pleasure of the governor.

 

(c) The initial board shall be made up of persons engaged infull-time practice or teaching in the disciplines involved and who are eligiblefor licensure under this act. When the initial appointments are made to theboard by the governor, two (2) members shall serve a one (1) year term, two (2)members shall serve two (2) year terms and two (2) members shall serve three(3) year terms as designated by the governor.

 

(d) The members of the board shall be paid mileage and per diemallowance as allowed to state employees when engaged in performing their dutiesas members of the board.

 

(e) The board shall submit an annual report to the governor asrequired by W.S. 9-2-1014.

 

33-38-105. Powers and duties of the board; rules; meetings; fees.

 

(a) The board shall adopt rules not inconsistent with this actor the laws of this state that are reasonable and necessary to administer thisact. A subcommittee from each discipline shall be requested to draft therecommended rules and regulations for that particular discipline and shallsubmit them to the full board for action. The rules shall be adopted inaccordance with the provisions of the Wyoming Administrative Procedure Act.

 

(b) The board shall meet not later than thirty (30) days afterits members are appointed by the governor. The board shall elect a chairpersonand a vice-chairperson and a secretary-treasurer who shall hold officeaccording to the rules adopted by the board.

 

(c) The board shall hold at least one (1) regular meeting eachyear and any special meetings that are properly called as provided by the rulesadopted by the board. Four (4) members constitute a quorum.

 

(d) The board shall conduct hearings on complaints concerningviolations of this act and the rules adopted under this act. The initialinquiry will be conducted by a subcommittee, appointed by the board, composedof members of the discipline in question which will make recommendations to theboard for action.

 

(e) The board may, in its own name, proceed in any court ofcompetent jurisdiction to enjoin and restrain any unlicensed person fromviolating this act and may similarly act to bring suit to prevent or remedy anyother violation of this act or of the rules adopted under this act. The actionis in addition to any other proceeding or remedy authorized by law. The boardshall be represented in all such actions by the attorney general or privatecounsel may be secured with approval of the attorney general.

 

(f) The board may charge an application fee and fees forexaminations, licensing, certification, specialty examination designation,renewal and other services provided in amounts established by the boardpursuant to W.S. 33-1-201. All money received, and the interest thereon, shallbe deposited in the state treasury to the credit of a separate account and maybe used only for the administration of this act.

 

(g) No member of the board is liable for any act performed ingood faith for the performance of duties set forth in this act.

 

(h) 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.

 

33-38-106. Requirements for licensure and certification.

 

(a) The board shall issue a license as a professionalcounselor, marriage and family therapist, clinical social worker or addictionstherapist to any applicant who files an application upon a form and in themanner prescribed by the board, accompanied by the appropriate fee and whofurnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a master's or doctorate degreein one (1) of the disciplines identified from an accredited program andinstitution of higher education, which is professional in content and whichmeets the academic and training content standards established by the board. The board shall use the professional training and experience standards of theappropriate professional associations as established by the rules andregulations;

 

(iv) The applicant has demonstrated knowledge of one (1) of thefields of professional counseling, marriage and family therapy, clinical socialwork or addictions therapy in general by passing a standard examination whichmay be written or situational, as the board prescribes. The board may develop,adopt and administer appropriate examinations. The board shall establishspecific provisions for examination of applicants for licensure in the specificdiscipline at reasonable times and places at least twice each year;

 

(v) The applicant has demonstrated that he has completed threethousand (3,000) hours of supervised clinical experience including a minimum ofone hundred (100) hours of face-to-face individual clinical supervision from aqualified clinical supervisor.

 

(b) Certification under this subsection shall allow practice asa certified social worker only under the supervision of a qualified clinicalsupervisor and subject to any other restrictions which may be specified by theboard. The board shall grant certification as a certified social worker to anyapplicant who files an application upon a form and in the manner prescribed by theboard, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a baccalaureate degree in socialwork from an accredited program and institution of higher education, which isprofessional in content and which meets the academic and training contentstandards established by the board. The board shall use the professionaltraining and experience standards of the appropriate professional associationsas established by the rules and regulations;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofsocial work in general by passing a standard examination which may be writtenor situational, as the board prescribes. The board may develop, adopt andadminister appropriate examinations. The board shall establish specificprovisions for examination of applicants for certification in the specificdiscipline at reasonable times and places at least twice each year;

 

(vi) Unless extended, the applicant has six (6) months from thedate of employment to become certified. The board may, for good cause shown,grant an extension of this grace period.

 

(c) Certification under this subsection shall allow practice asa certified addictions practitioner only under the supervision of a qualifiedclinical supervisor and subject to any other restrictions which may bespecified by the board. The board shall grant certification as a certifiedaddictions practitioner to any applicant who files an application upon a formand in the manner prescribed by the board, accompanied by the appropriate feeand who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant has received a baccalaureate degree in ahuman resource discipline from a regionally accredited institution of highereducation, which is professional in content and which meets the academic andtraining content standards established by the board, or a baccalaureate levelequivalency in addiction therapy. The board shall use the professional trainingand experience standards of the appropriate professional associations asestablished by the rules and regulations;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofaddictions treatment in general by passing a standard examination which may bewritten or situational, as the board prescribes. The board may develop, adoptand administer appropriate examinations. The board shall establish specific provisionsfor examination of applicants for certification in the specific discipline atreasonable times and places at least twice each year;

 

(vi) Unless extended, the applicant has six (6) months from thedate of employment to become certified. The board may, for good cause shown,grant an extension of this grace period.

 

(d) Provisional licensure is a means to continue progresstowards satisfactory completion of all licensure requirements under this act.Upon review and approval by the designated board member or board, the boardshall issue a provisional license to any applicant who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with public interest;

 

(iii) The applicant meets any of the following educationalrequirements:

 

(A) Holds a master's or doctorate degree in one (1) of thedisciplines identified from an accredited program and institution of highereducation which is professional in content and which meets the academic andtraining content standards established by the board; or

 

(B) Holds a master's or doctorate degree which is clinical incontent from a regionally accredited institution of higher education in one (1)of the disciplines identified. During the term of provisional licensure underthis subsection, the applicant shall complete any program deficiencies requiredto meet the academic and training content standards established by the board;or

 

(C) Holds a license for independent clinical practice in goodstanding in the identified discipline for another licensing jurisdiction whichdoes not meet the criteria for reciprocal licensure under this act. During theterm of provisional licensure under this subsection, the applicant shallcomplete any program deficiencies required to meet the academic and trainingcontent standards established by the board.

 

(iv) The provisional licensed professional counselor, clinicalsocial worker, marriage and family therapist and addictions therapist shall beallowed to practice only under the supervision of a qualified clinicalsupervisor and in accordance with any other restrictions specified by theboard;

 

(v) Unless extended, the provisional license shall expirethirty-six (36) months after issuance or upon issuance of a license by theboard under this act, whichever occurs first;

 

(vi) The board may, for good cause shown, grant an extension ofa provisional license subject to any additional restrictions specified by theboard.

 

(e) The board shall issue a license without examination as alicensed professional counselor, licensed clinical social worker, licensedmarriage and family therapist or a licensed addictions therapist to anyapplicant who files an application upon a form and in the manner prescribed bythe board, accompanied by the appropriate fee and who furnishes satisfactoryevidence to the board of the following:

 

(i) The applicant has reached the age of majority;

 

(ii) The applicant meets all requirements for licensure otherthan the requirement for examination or completion of the required hours ofsupervised clinical experience;

 

(iii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iv) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997;

 

(v) The application and satisfactory supporting evidence arereceived by the board no later than July, 1, 1998.

 

(f) The board shall issue a license without examination as alicensed addictions therapist to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant holds a bachelor's degree in a related fieldand has addictions education and training equivalent to a master's program andhas five (5) years experience practicing in that area;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(g) The board shall issue a license without examination as alicensed professional counselor, to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant has received a master's or doctorate degreein a related field from a regionally accredited institution of highereducation, which is clinical in content and has at least two (2) yearssupervised clinical experience;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(h) The board shall issue a license with examination as alicensed professional counselor, to any applicant who meets the requirements ofparagraphs (e)(i), (ii), (iv) and (v) of this section and who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant has received a master's or doctorate degreein a related field from a regionally accredited institution of highereducation, which is clinical in context and has less than two (2) yearsclinical experience;

 

(ii) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997.

 

(j) The board shall grant certification without examination asa certified social worker to any applicant who files an application upon aform and in the manner prescribed by the board, accompanied by the appropriatefee and who furnishes satisfactory evidence to the board of the following:

 

(i) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997 or the applicant, while on active militaryduty, was domiciled in this state and was primarily employed in an area ofpractice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2) yearsprior to December 31, 1997;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant meets all requirements for certification as asocial worker other than the requirement for examination;

 

(iv) The application and satisfactory supporting evidence arereceived by the board no later than July 1, 1998.

 

(k) The board shall grant certification without examination asa certified addictions practitioner to any applicant who files an applicationupon a form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant meets all requirements for certification as acertified addictions practitioner other than the requirement of holding abachelor's degree and examination;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iii) The applicant possesses professional training andexperience meeting criteria established by the board;

 

(iv) The applicant was primarily employed in this state in thepractice of addictions therapy defined by W.S. 33-38-102(a)(iv) through (vii)within two (2) years prior to December 31, 1997 or the applicant, while onactive military duty, was domiciled in this state and was primarily employed inthe practice of addictions therapy defined by W.S. 33-38-102(a)(iv) through(vii) within two (2) years prior to December 31, 1997;

 

(v) The application and satisfactory supporting evidence arereceived by the board no later than July 1, 1998.

 

(m) The board shall issue certification without examination asa certified mental health worker to any applicant who files an application upona form and in the manner prescribed by the board, accompanied by theappropriate fee and who furnishes satisfactory evidence to the board of thefollowing:

 

(i) The applicant was primarily employed in this state in anarea of practice defined by W.S. 33-38-102(a)(iv) through (vii) within two (2)years prior to December 31, 1997, and has five (5) years experience practicingin that area or the applicant, while on active military duty, was domiciled inthis state and was primarily employed in an area of practice defined by W.S.33-38-102(a)(iv) through (vii) within two (2) years prior to December 31, 1997;

 

(ii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exemptions to this requirementmay be granted by the board if consistent with public interest;

 

(iii) The applicant has reached the age of majority.

 

(n) Certification under this subsection shall allow practice asa certified addictions practitioner assistant only under the supervision of aqualified clinical supervisor and subject to any other restrictions which maybe specified by the board. Unless extended, an applicant has six (6) monthsfrom the date of employment to become certified. The board may for good causegrant an extension of this period. The board shall grant certification as acertified addictions practitioner assistant to any applicant who files anapplication upon a form and in the manner prescribed by the board, accompaniedby the appropriate fee and who furnishes satisfactory evidence to the board ofthe following:

 

(i) The applicant has completed two hundred seventy (270)contact hours of education and training in alcoholism and drug abuse or relatedcounseling subjects that meet the academic and training content standardsestablished by the board. The board shall use the professional trainingstandards of the appropriate professional association as established by therules and regulation;

 

(ii) The applicant has reached the age of majority;

 

(iii) The applicant has no felony convictions, and no misdemeanorconvictions involving moral turpitude, although exceptions to this requirementmay be granted by the board if consistent with the public interest;

 

(iv) Repealed By Laws 2008, Ch. 51, 2.

 

(v) The applicant has demonstrated knowledge in the field ofaddictions treatment in general by passing a standard examination which may bewritten and situational, as the board prescribes. The board may develop, adoptand administer appropriate examinations. The board shall establish specificprovisions for examination of applicants for certification in the specificdiscipline at reasonable times and places at least twice each year.

 

(o) Upon examination of all credentials the board may considerthe credentials adequate evidence of professional competence and recommend tothe chairperson of the board that a license or certification be approved.

 

(p) Persons currently licensed in one (1) of these disciplinesin this state as of July 1, 1997 in a discipline required to be licensed underthis act, shall be presumed to have met all requirements for licensure underthis act and shall be eligible for renewal of licensure in accordance with theprovisions of this act.

 

33-38-107. Renewal of license and continuing education.

 

Personslicensed or certified under this act shall submit biennially the appropriaterenewal fee at a time specified by the board. The renewal request shall beaccompanied by evidence satisfactory to the board of compliance with this actand participation in continuing education activities as established by rulesand regulations of the board.

 

33-38-108. Reciprocity.

 

(a) Any individual holding a license in good standing to engagein the practice of professional counseling, clinical social work, marriage andfamily therapy or addictions therapy under the laws of another state havinglicensure requirements substantially similar to those required by this act may,upon approval of the board, be issued a license to practice in this state.

 

(b) Any individual holding a certification in good standing toengage in the practice of social work or addictions therapy under the laws ofanother state having certification requirements substantially similar to thoserequired by this act may, upon approval of the board, be issued certificationto practice in this state.

 

(c) The board shall promulgate rules and regulations settingforth the manner in which credentials shall be reviewed by the board.

 

33-38-109. Disclosure of information.

 

(a) A person licensed or certified under this act shall notdisclose without consent of the client any communication made by the client tothe licensed or certified professional in the course of professional practice,nor may any employee of the licensed or certified professional reveal theinformation without the consent of the employer or client except as indicatedby law.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) A person licensed or certified under this act shall notreveal without the consent of the client or the client's legal advisor hisadvice given in the course of professional employment; nor shall a secretary,stenographer, clerk or other employee of any person licensed or certified underthis act reveal, without the consent of his employer or the client, any facts,the knowledge of which he has acquired in such capacity.

 

33-38-110. Prohibited acts; penalties.

 

(a) No person shall:

 

(i) Engage in the practice of professional counseling, clinicalsocial work, marriage and family therapy or addictions therapy unless licensedor certified to so practice under this act or to represent himself to thepublic as being licensed as a professional counselor, a clinical social worker,a marriage and family therapist or as an addiction therapist, or certified as acertified social worker or certified addictions practitioner, certified mentalhealth worker, or to represent himself to the public as a professionalcounselor, a clinical social worker, a social worker, mental health worker, amarriage and family therapist, an addictions therapist or an addictionspractitioner without having first complied with this act;

 

(ii) Engage in the professional practice of counseling, clinicalsocial work, marriage and family therapy, or addictions therapy and fail toprovide a professional disclosure statement as provided in W.S. 33-38-111except as exempted by W.S. 33-38-103 or other law.

 

(b) Repealed by Laws 1993, ch. 181, 3.

 

(c) The board may refuse to renew, or may deny, suspend, revokeor otherwise restrict licensure or certification under this act for any of thefollowing causes:

 

(i) Conviction of a felony or misdemeanor involving moralturpitude, including pleas of nolo contendere. A certified copy of theconviction shall be conclusive evidence of the conviction;

 

(ii) Renting or lending the license or certificate issuedpursuant to this act to any person planning to use that license or certificate;

 

(iii) Unprofessional or unethical conduct;

 

(iv) Gross incompetence and malpractice;

 

(v) Mental incompetency;

 

(vi) Knowingly submitting false or misleading information to theboard in any application for examination, licensure or certification;

 

(vii) Habitual intemperate use of alcohol or a controlledsubstance;

 

(viii) Violation and conviction of a charge under the WyomingControlled Substances Act;

 

(ix) Willful violation of any provisions of this act;

 

(x) Sexual exploitation of a patient, defined as:

 

(A) Any verbal behavior by a licensee or certificate holderunder this chapter which involves offers of exchange of professional servicesfor some form of sexual gratification; or

 

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

 

(xi) Failure to make timely application for licensure,certification or renewal thereof or to meet the continuing educationrequirements prior to the license or certificate expiration date.

 

(d) Proceedings under this section may be taken by the boardfrom matters within its knowledge or upon information from another. If theinformant is a member of the board, the other members of the board shall judgethe accused. All complaints shall be in writing, verified by some partyfamiliar with the facts alleged, and shall be filed with the board. Uponreceiving the complaint the board, if it deems the complaint sufficient, shallproceed as in a contested case under the Wyoming Administrative Procedure Act. Upon revocation of any license or certification, the fact shall be noted uponthe records of the board and the license or certification shall be markedcancelled upon the date of its revocation. Any suspension issued by the boardpursuant to this section shall be for a period not greater than one (1) yearand any licensee or certificate holder sanctioned shall not be allowed topractice in this state until completion of the suspension period and timelyreview by the board. The sanction of revocation upon order of the board shallbe for a stated period not to exceed three (3) years, and a person whoselicense or certification has been revoked may not apply for reinstatement untilthirty (30) days before the end of the stated period of revocation.

 

(e) Persons violating this act are guilty of a misdemeanorpunishable by a fine of not more than seven hundred fifty dollars ($750.00), byimprisonment for not more than six (6) months, or both. A third or subsequentconviction for violation of this section during a thirty-six (36) month periodshall constitute a felony punishable by imprisonment for not more than two (2)years, a fine of not more than two thousand dollars ($2,000.00), or both. Eachviolation shall constitute a separate offense.

 

(f) The board may seek an injunction in the district court toenjoin any person from violating this act.

 

33-38-111. Protection of the public; professional disclosure.

 

Anyindividual licensed or certified under this act is required to conspicuouslydisplay a professional disclosure statement at his place of business or at theprincipal location where his services are performed and to provide a copy ofthe statement to each adult client, or in the case of a minor to the minor'sparent or guardian, before or during the first session and upon request. Theprofessional disclosure statement shall contain the licensee's or certificateholder's name, title, business address and telephone number, listing of formalprofessional education with name of institution attended and specific degreesreceived, licensure status or certificates currently held, statement ofconfidentiality, a statement that the professional ethical code of thediscipline will be followed, including a statement that sexual intimacy with aclient is never appropriate and a statement that the disclosure statement isrequired by the Mental Health Professions Licensing Act. The disclosurestatement may also contain a listing of areas of specialization, includingmajor course of study.

 

33-38-112. Limitation of practice.

 

Alllicensees and certificate holders shall adhere to the ethical standards oftheir discipline, and according to those promulgated in the rules andregulations of the board.

 

33-38-113. Privileged communication.

 

(a) In judicial proceedings, whether civil, criminal, orjuvenile, in administrative proceedings, and in proceedings preliminary andancillary thereto, a patient or client, or his guardian or personalrepresentative, may refuse to disclose and may prevent the disclosure ofconfidential information, including information contained in administrativerecords, communicated to a person licensed or otherwise authorized to practiceunder this act, and their agents, for the purpose of diagnosis, evaluation ortreatment of any mental or emotional condition or disorder. A person licensedor otherwise authorized to practice under this act shall not disclose anyinformation communicated as described above in the absence of an express waiverof the privilege except in the following circumstances:

 

(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 to defend against amalpractice action brought by the patient or client;

 

(iv) Where an immediate threat of physical violence against areadily identifiable victim is disclosed to the person licensed or otherwiseauthorized to practice under this act;

 

(v) In the context of civil commitment proceedings, where animmediate threat of self-inflicted damage is disclosed to the person licensedor otherwise authorized to practice under this act;

 

(vi) Where the patient or client alleges mental or emotionaldamages in civil litigation or otherwise places his mental or emotional statein issue in any judicial or administrative proceeding concerning child custodyor visitation;

 

(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.

 

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