wycode

Chapter 1 Licensing Generally

Cross references. —

For constitutional provisions relative to taxation and revenue generally, see art. 15, §§ 1 through 19, Wyo. Const.

As to federal pilot's license under Uniform State Law for Aeronautics, see § 10-4-201 et seq.

For provision requiring license for the sale, transportation, etc., of nursery stock, see § 11-9-102 .

As to licensing of seed dealers, see § 11-12-103 .

For provision requiring distributors of commercial feed to register with department of agriculture, see § 11-13-105 .

As to registration of fertilizer, soil conditioner and soil amendments with department of agriculture before being distributed in the state, see § 11-14-104 .

For provision requiring manufacturer, etc., of livestock remedies to register with commissioner of agriculture, see § 11-17-102 .

As to licensing and regulatory provisions with reference to alcoholic beverages generally, see § 12-4-101 et seq.

As to licensing of agents and salesmen of foreign building and loan associations, see § 13-8-101 .

As to licensing powers of cities and towns generally, see title 15.

For authority of county commissioners to grant licenses for keeping ferries, toll bridges and toll gates, see § 18-3-504(a)(vii).

As to admission of professional personnel of other states, including physicians, dentists, veterinarians, nurses, etc., when disaster conditions prevail, without the normal admissions to practice as required by statute, see § 19-13-115 .

As to licensing of insurance agents, brokers, solicitors, etc., generally, see § 26-9-201 et seq.

As to licensing requirements in relation to public health and safety generally, see title 35.

As to taxation and revenue generally, see title 39.

Stated in

State ex rel. Wyo. Ass'n of Consulting Eng'rs & Land Surveyors v. Sullivan, 798 P.2d 826, 1990 Wyo. LEXIS 116 (Wyo. 1990).

Am. Jur. 2d, ALR and C.J.S. references. —

51 Am Jur. 2d Licenses and Permits § 1 et seq.

State regulation of liquor sales as affecting municipal power to impose occupational license or tax for revenue, 6 ALR2d 737.

Power of municipality to regulate practice of photography, 7 ALR2d 416.

Business of renting motor vehicles without drivers (drive-it-yourself systems), 7 ALR2d 456.

Failure to obtain occupational or business license or permit as defense to tort action, 13 ALR2d 157.

Application of occupation or license tax to one operating dining room, cafeteria or beverage room incidental to other business, 13 ALR2d 1362.

Penalty for nonpayment of license tax when due as affected by lack of notice to taxpayer, 16 ALR2d 3.

Tourist or trailer camps, motor courts or motels, 22 ALR2d 774.

Plumbers, 22 ALR2d 816.

Provisions as to licensing plumbers, 22 ALR2d 816.

Parking places privately owned, 29 ALR2d 856.

Right of person wrongfully refused license by proper application therefor to do acts for which license is required, 30 ALR2d 1006.

Regulation or licensing of watch making, watch repairing and the like, 34 ALR2d 1326.

Municipality's liability in damages for its refusal to grant permit, license or franchise, 37 ALR2d 694.

Licensing of jewelry auctions, 53 ALR2d 1433.

Right to attack validity of statute, ordinance or regulation relating to occupational or professional license as affected by applying for, or securing, license, 65 ALR2d 660.

Airman's license or certificate, 78 ALR2d 1150.

Payment of license taxes to prevent closing of, or interference with business as involuntary so as to permit recovery, 80 ALR2d 1040.

Statute or other regulation affecting building movers, 83 ALR2d 464.

Garbage or rubbish removal services, 83 ALR2d 799.

Self-service laundries, 87 ALR2d 1007.

Radio and television repairmen and servicemen, 89 ALR2d 1010.

Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 ALR2d 7.

Correspondence schools or their canvassers or solicitors, 92 ALR2d 522.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 ALR2d 90.

Validity and construction of license tax or fee, or business privilege or occupational tax, on persons engaged in renting or leasing out real estate, 93 ALR2d 1136.

Validity, construction, and application of statutes regulating bail bond business, 13 ALR3d 618.

Authorization, prohibition, or regulation by municipality of the sale of merchandise on streets or highways, or their use for such purpose, 14 ALR3d 896.

Validity and construction of statutes licensing or otherwise regulating operators of polygraph or similar devices, 32 ALR3d 1324.

Recovery back of money paid to unlicensed person required by law to have occupation or business license or permit to make contract, 74 ALR3d 637.

Regulation of private detectives, private investigators, and security agencies, 86 ALR3d 691.

Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 ALR4th 130.

Validity and construction of state statutory provision forbidding court to stay, pending review, judgment or order revoking or suspending professional, trade or occupational license, 42 ALR4th 516.

Failure of building and construction artisan or contractor to procure business or occupational license as affecting enforceability of contract or right of recovery for work done, 44 ALR4th 271.

Admissibility of evidence of polygraph test results, or offer or refusal to take test, in action for malicious prosecution, 10 ALR5th 663.

Wrongful discharge based on public policy derived from professional ethics codes, 52 ALR5th 405.

53 C.J.S. Licenses § 1 et seq.

Article 1. In General

§ 33-1-101. Sheriff to furnish licenses and collect fees.

It shall be the duty of the sheriff of each county to furnish all licenses and collect all moneys for the same as hereinafter provided, and if the sheriff of any county shall knowingly permit any person subject to such license to conduct or carry on any branch of business, occupation or pursuit without first obtaining such license, such sheriff shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law in case of similar offenses.

History. C.L. 1876, ch. 76, § 1; R.S. 1887, § 1433; R.S. 1899, § 2151; C.S. 1910, § 2821; C.S. 1920, § 3368; R.S. 1931, § 65-101; C.S. 1945, § 37-101; W.S. 1957, § 33-1.

County commissioner's discretion. —

County commissioners were not justified in refusing a license solely because of opposition to operation of saloons. State ex rel. Rehder v. Board of Comm'rs, 26 Wyo. 75, 177 P. 130, 1919 Wyo. LEXIS 1 (Wyo. 1919).

Cited in

Sprekelsen v. State, 23 Wyo. 420, 152 P. 791, 1915 Wyo. LEXIS 42 (1915).

§ 33-1-102. Licenses to be prepared by county clerk; contents of licenses; disposition of moneys.

Licenses shall be prepared by the county clerk and shall be delivered to the sheriff of the county wherein they shall be issued, and each license shall contain the name of the person and the character and place of business to be conducted under such license; and it shall be the duty of the county clerk to affix his official signature and the seal of the county to such license, which license shall be countersigned by the county treasurer or his deputy, before being issued by the sheriff, and all moneys collected under and for such license shall be paid by the sheriff into the county treasury within fifteen (15) days from the date of said license.

History. C.L. 1876, ch. 76, § 2; R.S. 1887, § 1434; R.S. 1899, § 2152; C.S. 1910, § 2822; C.S. 1920, § 3369; R.S. 1931, § 65-102; C.S. 1945, § 37-102; W.S. 1957, § 33-2.

Cited in

Sprekelsen v. State, 23 Wyo. 420, 152 P. 791, 1915 Wyo. LEXIS 42 (1915); State v. Board of Comm'rs, 26 Wyo. 75, 177 P. 130, 1919 Wyo. LEXIS 1 (1919).

§ 33-1-103. Clerk to keep abstract of licenses; inspection by commissioners.

It shall be the duty of the county clerk to keep on file in his office, and submit for the inspection of the county commissioners at each of their regular sessions, a faithful and correct abstract containing full information of all licenses so issued to the sheriff, and neglect to comply with the provisions of this section shall be deemed a misdemeanor and shall be punished as provided by law.

History. C.L. 1876, ch. 76, § 3; R.S. 1887, § 1435; R.S. 1899, § 2153; C.S. 1910, § 2823; C.S. 1920, § 3370; R.S. 1931, § 65-103; C.S. 1945, § 37-103; W.S. 1957, § 33-3.

Cross references. —

As to penalty for misdemeanor generally, see § 6-10-103 .

Cited in

Sprekelsen v. State, 23 Wyo. 420, 152 P. 791, 1915 Wyo. LEXIS 42 (1915).

§ 33-1-104. County treasurer to make report of license receipts.

It shall be the duty of the county treasurer of each county to furnish to the county commissioners at each of their regular sessions a full and complete statement of all moneys received for licenses issued, as provided in W.S. 33-1-103 , failure or neglect on the part of the treasurer to comply with the provisions of this section shall be deemed a misdemeanor, and shall be punished as provided by law.

History. C.L. 1876, ch. 76, § 4; R.S. 1887, § 1436; R.S. 1899, § 2154; C.S. 1910, § 2824; C.S. 1920, § 3371; R.S. 1931, § 65-104; C.S. 1945, § 37-104; W.S. 1957, § 33-4.

Cross references. —

As to penalty for misdemeanor generally, see § 6-10-103 .

§ 33-1-105. License money to be credited to general fund.

All money collected for licenses, as provided for by this act [§§ 33-1-102 through 33-1-105 , 33-1-109 through 33-1-113 ], shall constitute a portion of, and be credited to, the general county fund.

History. C.L. 1876, ch. 76, § 5; R.S. 1887, § 1437; R.S. 1899, § 2155; C.S. 1910, § 2825; C.S. 1920, § 3372; R.S. 1931, § 65-105; C.S. 1945, § 37-105; W.S. 1957, § 33-5.

Meaning of “this act.” —

“The meaning of this act” apparently refers to C.L. 1876, ch. 76.

Cited in

State v. Board of Comm'rs, 26 Wyo. 75, 177 P. 130, 1919 Wyo. LEXIS 1 (1919).

§ 33-1-106. Certain licenses payable to incorporated towns.

All licenses issued by any county in this state for the sale of liquors, or for owning or keeping a billiard table, or any table used for pool or bagatelle, and all licenses issued by the counties for any other game or games, not prohibited by the laws of this state, when the licensee shall be a resident of and carrying on the business for which he is licensed within the corporate limits of any incorporated town, city or village, the license shall be collected by the city marshal or collecting officer of the incorporated town, city or village, for the purposes mentioned in this section. It shall be the duty of the collecting officer, between the first and fifteenth days of each month, to pay into the treasury of such incorporated town, city or village, all monies collected for the licenses, which monies shall be applied to the general revenue purposes of the incorporated town, city or village.

History. Laws 1884, ch. 55, § 1; R.S. 1887, § 1438; Laws 1888, ch. 44, § 1; R.S. 1899, § 2156; C.S. 1910, § 2826; C.S. 1920, § 3373; R.S. 1931, § 65-106; C.S. 1945, § 37-106; W.S. 1957, § 33-6; Laws 2004, ch. 130, § 1.

Cross references. —

As to imposition of license tax on businesses by cities and towns generally, see § 15-1-103(a)(xiii).

The 2004 amendment substituted “section” for “act,” and “monies” for “moneys” throughout and made stylistic changes.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Municipal license in addition to county license. —

If municipal license is provided for by any municipality in lawful pursuance of its charter powers, it is in addition to county license, which may also be required. State ex rel. Noble v. Cheyenne, 7 Wyo. 417, 52 P. 975, 1898 Wyo. LEXIS 9 (Wyo. 1898).

Revocation by county. —

City is not liable for unearned part of liquor license fee, where license was revoked by the county commissioners. Peterson v. Guernsey, 26 Wyo. 272, 183 P. 645, 1919 Wyo. LEXIS 16 (Wyo. 1919).

Cited in

Sprekelsen v. State, 23 Wyo. 420, 152 P. 791, 1915 Wyo. LEXIS 42 (1915); State v. Board of Comm'rs, 26 Wyo. 75, 177 P. 130, 1919 Wyo. LEXIS 1 (1919).

§ 33-1-107. [Repealed.]

History. Laws 1959, ch. 114, § 1; W.S. 1957, § 33-6.1; repealed by 2014 ch. 110, § 101, effective July 1, 2014.

§ 33-1-108. [Repealed.]

History. Laws 1959, ch. 114, § 2; W.S. 1957, § 33-6.2; repealed by 2014 ch. 110, § 101, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1959, ch. 114, § 2, related to authority of county to levy and collect license tax.

§ 33-1-109. Disposition of fines.

Every magistrate or other officer to whom any fines imposed under general laws of the state shall be paid for the use of the county, shall, at each regular meeting of the board of county commissioners, make a report of the total amount so collected, and all fines so collected shall be paid into the county treasury for the credit of the public school fund of the county, within thirty (30) days after collection thereof.

History. C.L. 1876, ch. 76, § 15; R.S. 1887, § 1447; R.S. 1899, § 2157; C.S. 1910, § 2827; C.S. 1920, § 3374; R.S. 1931, § 65-107; C.S. 1945, § 37-107; W.S. 1957, § 33-7.

Editor's notes. —

As enacted, the words “under general laws of the state” read “by this act” and the words “public school fund of the county” read “general county fund.” Previous compilers made the changes indicated. For constitutional provision that all fines and penalties under the general laws of the state belong to the public school fund of the respective counties, see art. 7, § 5, Wyo. Const.

Demands for money collected treated as continuous transaction. —

Demands on clerk of district court, last of which was demand for all money due, could be treated as continuous transaction; hence noncompliance with each demand was not separate crime under embezzlement statute. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Demand may be made by either county commissioners or treasurer. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Or by county clerk for commissioners. —

Demands by county clerk pursuant to county commissioners' request was sufficient. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Admissibility of reports of clerk of court. —

Reports of clerk of the district court, certifying earnings of his office, were competent in embezzlement prosecution. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Prima facie case. —

Evidence made at least prima facie case that clerk of the district court, charged with embezzlement, actually collected amounts certified by him, for which he gave checks to treasurer. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

§ 33-1-110. Failure of officer to report fines.

Any magistrate or other officer neglecting, omitting or refusing to comply with the provisions of W.S. 33-1-109 shall be guilty of a misdemeanor, and shall be punished as provided by law.

History. C.L. 1876, ch. 76, § 16; R.S. 1887, § 1448; R.S. 1899, § 2158; C.S. 1910, § 2828; C.S. 1920, § 3375; R.S. 1931, § 65-108; C.S. 1945, § 37-108; W.S. 1957, § 33-8.

§ 33-1-111. Informers may testify.

Persons prosecuting or giving information under the provisions of this act [§§ 33-1-102 through 33-1-105 , 33-1-109 through 33-1-113 ] may be competent witnesses on the trial thereof, notwithstanding their interest in the penalty to be recovered.

History. C.L. 1876, ch. 76, § 17; R.S. 1887, § 1449; R.S. 1899, § 2159; C.S. 1910, § 2829; C.S. 1920, § 3376; R.S. 1931, § 65-109; C.S. 1945, § 37-109; W.S. 1957, § 33-9.

§ 33-1-112. Penalties may be recovered by action.

Penalties incurred by a violation of the provisions of this act [§§ 33-1-102 through 33-1-105 , 33-1-109 through 33-1-113 ] may be recovered by action of debt in the name of the county prosecuting the same, or by indictment or complaint in the name of the people of the state of Wyoming.

History. C.L. 1876, ch. 76, § 18; R.S. 1887, § 1450; R.S. 1899, § 2160; C.S. 1910, § 2830; C.S. 1920, § 3377; R.S. 1931, § 65-110; C.S. 1945, § 37-110; W.S. 1957, § 33-10.

§ 33-1-113. Unpaid licenses.

If any sheriff fail, from causes not within his control to collect the amount payable on any license issued as provided in W.S. 33-1-101 , after such license has been issued, such license shall be returned to the county treasurer within twenty (20) days after the issuance thereof, and it shall be the duty of said county treasurer to note the fact of such failure to collect, and to return the license to the office of the county clerk at the next regular session of the board of county commissioners; said license shall be cancelled or destroyed by said board of county commissioners.

History. C.L. 1876, ch. 76, § 19; R.S. 1887, § 1451; R.S. 1899, § 2161; C.S. 1910, § 2831; C.S. 1920, § 3378; R.S. 1931, § 65-111; C.S. 1945, § 37-111; W.S. 1957, § 33-11.

§ 33-1-114. License applications; social security numbers required; exception.

Except as otherwise specifically provided by statute, a board or commission authorized to establish examination, permit or license application requirements for any profession or occupation regulated under this title shall require applicants for new licenses, certificates of registration or renewals of licenses or certificates to include the applicant’s social security number on the application form.

History. Laws 1997, ch. 193, § 1.

§ 33-1-115. Professional assistance programs for health care providers and others as specified; confidentiality of records.

As used in this section:
1. “Health care provider” means a person who is licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, and for purposes of this section also includes a pharmacist, pharmacy technician or veterinarian;
2. “Licensee” means:
  1. Any individual holding a permit or license as a health care provider as a profession or occupation regulated under this title;
  2. Any individual admitted to the Wyoming state bar; or
  3. Any individual teaching in a public school pursuant to a certificate or permit issued under the laws of this state by the Wyoming professional teaching standards board.
3. “Professional assistance program” or “program” means a program or activity relating to mental or behavioral health referral or treatment and to drug or alcohol abuse prevention, referral, treatment or rehabilitation, which is directly or indirectly assisted by a board or commission or other organization established under this title for the regulation of licensees or the Wyoming state bar or the Wyoming professional teaching standards board established under W.S. 21-2-801 .
Any information pertaining to the identity, diagnosis, prognosis, referral or treatment of any licensee possessed in connection with the performance of any professional assistance program shall be confidential and shall not be disclosed except under the circumstances expressly authorized by subsections (c) and (d) of this section.
The content of any record referred to in subsection (b) of this section may be disclosed in accordance with the prior written consent of the licensee with respect to whom the record is maintained.
Whether or not the licensee gives his written consent, the content of the record may be disclosed as follows:
1. To medical personnel to the extent necessary to meet a bona fide medical emergency;
2. For the purpose of conducting research or program evaluations, provided that the record may not identify any individual in the program;
3. As required to report under state law incidents of suspected child abuse or neglect to the appropriate authorities;
4. If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore;
5. If compelled in an administrative action before a board or commission to enforce its laws, rules, regulations or permit or license requirements, unless the disclosure would violate federal law; or
6. To the state board or commission regulating the licensee, if the diagnosis or prognosis determines a clearly definable mental or behavioral health problem or drug or alcohol abuse problem and the licensee refuses to seek treatment.
A court order under this section may authorize disclosure of confidential information only with notice to the professional assistance program and, after an opportunity for response and an in camera review if necessary, the court finds:
1. The disclosure is necessary to protect against an existing threat to life or of serious bodily injury;
2. The disclosure is necessary in connection with investigation or prosecution of an extremely serious crime such as one which directly threatens loss of life or serious bodily injury; or
3. The disclosure is in connection with litigation or an administrative proceeding in which the patient offers testimony or other evidence pertaining to the content of the confidential communications.
Except as provided in this section, referrals to a professional assistance program shall be absolutely privileged and no lawsuit predicated thereon may be instituted. The program, its board members, employees and agents shall be immune from suit for conduct within the scope of their functions without malice and in the reasonable belief that their actions were warranted, including conduct and actions performed by the terms of a contract with a state board or commission.
The department of health shall provide assistance to any certifying, permitting or licensure board that desires to establish professional assistance programs as defined under this section.

History. Laws 1999, ch. 83, § 1; 2002 Sp. Sess., ch. 81, § 2; 2005, ch. 179, § 1; 2006, ch. 114, § 1; 2007, ch. 132, § 1; 2014 ch. 33, § 1, effective July 1, 2014.

The 2005 amendment, effective July 1, 2005, in (a), added “or any individual admitted to the Wyoming state bar” in (ii), added “or the Wyoming state bar” in (iii); and inserted (d)(vi).

The 2006 amendment, added “or” at the end of (d)(v); and made a related change.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2007 amendment, effective July 1, 2007, in (a)(ii) added (A) and redesignated the existing paragraphs accordingly; in (a)(iii) inserted “or the Wyoming professional teaching standards board established under W.S. 21-2-801 ” at the end of the sentence; and in (g) inserted “certifying, permitting or” preceding “licensure board that.”

The 2014 amendment, effective July 1, 2014, in (a)(iii), inserted “to mental or behavioral health referral or treatment and”; and in (d)(vi), inserted “mental or behavioral health problem or.”

Conflicting Legislation. —

Laws 2006, ch. 114, § 20, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 33-1-116. Professional and occupational licensure of military service members.

As used in this section:
1. “Applicant” means a person seeking licensure, certification or registration from a professional or occupational licensing board under W.S. 21-2-802 or under this title of the Wyoming statutes;
2. “Military service” means service in the United States army, navy, air force, marine corps, coast guard, United States public health service commissioned corps, national oceanic and atmospheric administration commissioned corps, national guard or any reserve or auxiliary component of any of these services;
3. “Military service member” means a person on active status in the military service, or a person released from military service within two (2) years of applying for licensure, certification or registration pursuant to this section and whose service was characterized upon release as honorable.
In determining whether a military service member applicant’s education and training meet a professional or occupational licensing board’s respective educational and training requirements, the board shall consider any relevant education, training and experience received by the applicant as a member of the armed forces or reserves of the United States, the national guard of any state, the military reserves of any state or the naval militia of any state.
Unless otherwise provided in this section, military service member applicants shall be subject to the other provisions of this title and to any requirements properly adopted by the professional or occupational licensing board to which the applicant has applied.
This section shall not apply to title 33, chapter 5 regarding attorneys-at-law or to any profession having authority to prescribe drugs that can only be obtained legally by prescription.
Professional and occupational licensing boards shall adopt rules necessary to implement this section.
Any emergency medical service license sought under W.S. 33-26-101 through 33-26-113 by a veteran of military service, by a military service member except a member of the national guard, by a national guard member separating from an active duty tour or by the spouse of any of these persons shall be processed and considered pursuant to the requirements of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33-36-202 .

History. 2013 ch. 198, § 1, effective March 13, 2013; 2017 ch. 38, § 2, effective July 1, 2017.

The 2017 amendment , effective July 1, 2017, added (f).

Applicability. —

Laws 2013, ch. 198, § 2, directs: “This act shall apply to applications for professional licensing which are filed on or after July 1, 2013.”

Effective dates. —

Laws 2013, ch. 198, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

§ 33-1-117. Temporary permits for military spouses.

As used in this section:
1. “Active” means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;
2. “Applicant” means a military spouse seeking licensure from a professional or occupational licensing board of this state;
3. “Good standing” means a status of occupational or professional licensure which is in compliance with all requirements imposed by the issuing licensing, certification or registration authority;
4. “License” means any license, certificate or registration required to practice an occupation or profession;
5. “Military service member” means an active uniformed member of the United States army, navy, air force, marine corps, coast guard, United States public health service commissioned corps, national oceanic and atmospheric administration commissioned corps, national guard or any reserve or auxiliary component thereof;
6. “Military spouse” means the spouse of a military service member as defined in paragraph (v) of this subsection who has been transferred or is scheduled to be transferred to Wyoming, is domiciled in Wyoming or has moved to Wyoming on a permanent change-of-station basis.
A professional or occupational licensing board shall issue an expedited license to a military spouse to allow the military spouse to lawfully practice a profession or occupation requiring licensure in this state if the military spouse:
1. Holds a relevant, active occupational or professional license in good standing from another state;
2. Demonstrates competency in the occupation or profession for which the military spouse applicant seeks licensure. Competency shall be determined pursuant to rules which shall be adopted for that purpose and may include consideration of continuing education credits, recent work experience, disciplinary actions taken against the applicant in other states and other factors used to determine the competency of nonmilitary spouse license applicants;
3. Has not engaged in any act that would constitute grounds for refusal, suspension or revocation of the occupational or professional license sought in this state; and
4. Completes all required application procedures and pays any required fee.
All relevant work experience of a military spouse applicant, including full-time or part-time experience, regardless of whether in a paid or volunteer capacity, may be credited in any work experience requirement adopted by an occupational or professional licensing board.
This section shall apply to all applications for licensure under W.S. 21-2-802 or under title 33 of the Wyoming statutes except title 33, chapter 5, attorneys at law and applications to any board which represents a profession with prescriptive drug authority.
Pursuant to rules which may be adopted for this purpose, a professional or occupational licensing board may issue a temporary practice permit to a military spouse applicant who meets the requirements of paragraph (b)(i) of this section and who has applied for a professional or occupational license under this section. The military spouse applicant may practice under the temporary permit for a period not to exceed three (3) years provided the military spouse is making progress toward satisfying the unmet licensure requirements, or until the professional or occupational license for which they have applied has been either granted or denied, whichever first occurs. A board shall not charge a military spouse any fees for a temporary permit under this subsection.
Professional or occupational licensing boards shall adopt rules necessary to implement this section.
On each licensure application or renewal form, a professional or occupational licensing board shall inquire and maintain a record of whether an applicant is a member of the military or military spouse. If an applicant self-identifies as and provides the board with satisfactory proof that the applicant is a military spouse, the board shall immediately commence the process of issuing a license or temporary permit.

History. 2013 ch. 197, § 1, effective March 13, 2013; 2021 ch. 31, § 2, effective July 1, 2021.

The 2021 amendment, effective July 1, 2021, rewrote the section heading, which read, "Professional and occupational licensure of military spouses; temporary permits"; in (b), added "expedited" and made a related change; deleted "which state mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure. Substantial equivalency shall be determined pursuant to rules which shall be adopted by the licensing board from which the military spouse applicant seeks licensure" at the end of (b)(i); in (e), substituted "three (3) years provided the military spouse is making progress toward satisfying the unmet licensure requirements" for "one hundred twenty (120) days" in the second sentence and added the third sentence; and added (g).

Editor's notes. —

Laws 2013, ch. 197, § 1, enacted this section as § 33-1-116 . It has been redesignated as § 33-1-117 at the direction of the Legislative Service Office.

Effective dates. —

Laws 2013, ch. 197, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

Applicability. —

Laws 2013, ch. 197, § 2, directs: “This act shall apply to applications for professional licensing which are filed on or after July 1, 2013.”

§ 33-1-118. Health care licensing boards; authority to discipline licensees for sexual misconduct.

A board which licenses health care providers may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any licensee or certificate holder, or otherwise discipline a licensee or certificate holder, upon clear and convincing evidence that the licensee or certificate holder has committed sexual misconduct.
As used in this section:
1. “Health care provider” means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to provide care, treatment, services or procedures to maintain, diagnose or otherwise treat a patient’s physical or mental condition;
2. “Sexual misconduct” means:
  1. Any behavior by a licensee that involves offers of exchange of medical services for some form of sexual gratification; or
  2. Sexual contact or sexual intrusion, as defined in W.S. 6-2-301(a), that occurs while the patient is under the care of the licensee.

History. 2018 ch. 80, § 1, effective July 1, 2018.

Effective date. —

Laws 2018, ch. 80, § 5(b), makes the act effective July 1, 2018.

§ 33-1-119. Applicability of Medical Digital Innovation Sandbox Act.

The Medical Digital Innovation Sandbox Act shall apply to the chapters within this title listed in W.S. 40-28-102(a).

History. 2019 ch. 198, § 1, effective January 1, 2020.

Effective date. —

Laws 2019, ch. 198, § 5, makes the act effective January 1, 2020.

§ 33-1-120. Professional and occupational licensure for qualified individuals licensed in other jurisdictions.

As used in this section:
1. “Active” means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;
2. “Applicant” means a natural person seeking licensure from a professional or occupational licensing board of this state;
3. “Good standing” means a status of occupational or professional licensure which is in compliance with all requirements imposed by the issuing licensing, certification or registration authority;
4. “License” means any license, certificate or registration required to practice an occupation or profession.
A professional or occupational licensing board shall issue a license to an applicant to allow the applicant to lawfully practice a profession or occupation requiring licensure in this state if the Wyoming licensing board determines that the applicant:
1. Holds a relevant, active occupational or professional license in good standing from another state that mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure than the licensing entity in this state. Substantial equivalency shall be determined pursuant to rules adopted by the licensing board in Wyoming provided that:
  1. The educational equivalency shall be determined by whether the degree required is a doctorate, master, bachelor, associate or other degree with curriculum deemed substantially equivalent by the licensing board;
  2. If the Wyoming licensing board requires an examination for licensure, the substantially equivalent examination requirement may be met by passing the same or an earlier version of the exam. The Wyoming licensing board shall waive this requirement if the individual has been licensed for more than ten (10) years;
  3. In evaluating any work experience requirements the provisions of subsection (c) of this section shall apply;
  4. In addition to any exam required under subparagraph (B) of this paragraph the Wyoming licensing board may require an examination relating to the specifics of Wyoming law and regulations regardless of the length of time the individual has been licensed.
2. Demonstrates competency in the occupation or profession for which the applicant seeks licensure. Competency shall be determined pursuant to rules that shall be adopted for that purpose and may include consideration of continuing education credits, recent work experience, prior licensing examinations, disciplinary actions taken against the applicant in other states and other appropriate factors;
3. Has not engaged in any act that would constitute grounds for refusal, suspension or revocation of the occupational or professional license sought in this state; and
4. Has completed all required application procedures and paid any required fee.
All relevant work experience of an applicant, including full-time or part-time experience, regardless of whether in a paid or volunteer capacity, may be credited in any work experience requirement adopted by an occupational or professional licensing board.
This section shall apply to all applications for licensure under W.S. 21-2-802 or under title 33 of the Wyoming statutes except for the following:
1. An application to be an attorney at law under chapter 5 of title 33;
2. An application to any board which represents a profession with prescriptive drug authority, but only with respect to the profession with the prescriptive drug authority.
Nothing in this section shall be held to limit the rights or privileges of a military service member under W.S. 33-1-116 .

History. 2021 ch. 31, § 1, effective July 1, 2021.

Effective date. —

Laws 2021, ch. 31, § 4, makes the act effective July 1, 2021.

Article 2. Fees

§ 33-1-201. Fees generally.

Except as otherwise specifically provided by statute, a board or commission authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under title 23 shall establish those fees in accordance with the following:
1. Fees shall be established by rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;
2. Fees shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required for the profession or occupation under this title;
3. The board or commission shall maintain records sufficient to support the fees charged.

History. Laws 1992, ch. 56, § 1; 1998, ch. 59, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 33-1-202. Disposition of fees and interest.

Except as otherwise specifically provided by statute:
1. All fees and monies received and collected by the boards or commissions under this title and under W.S. 11-25-201(d), 21-2-802(d) and 23-2-414(d) shall be deposited into the state treasury and credited to each board’s or commission’s respective account as created by statute;
2. The interest on all fees and monies collected by the boards or commissions under this title and under W.S. 11-25-201(d), 21-2-802(d) and 23-2-414(d) shall be credited as follows:
  1. An amount equal to the first fifty percent (50%) of the interest earned from the previous year shall be deposited into an account within the enterprise fund to be used to fund legal services provided to the boards and commissions by the attorney general; and
  2. The remainder of the interest shall be deposited in each board’s or commission’s respective account as created by statute.

History. Laws 1996, ch. 88, § 1; 2021 ch. 109, § 2, effective April 5, 2021.

The 2021 amendment substituted "11-25-201(d)" for "11-25-105(d)" in (a)(i) and (a)(ii).

Laws 2021, ch. 109, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 5, 2021.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Article 3. General Procedures for Licensure Boards

Effective date. —

Laws 2014, ch. 69, § 3, makes the act effective July 1, 2014.

§ 33-1-301. Purpose and scope.

The purpose of this article is to establish procedures for the operation of boards authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under W.S. 11-25-201 , 21-2-802 and 23-2-414 .
The provisions of this article supplement the statutes related to the specific board and profession regulated. If the statutes governing a board or regulated profession are silent or unclear the provisions of this article shall be applied. The statutes governing the operation or creation of a specific board or commission are effective and controlling to the extent they conflict with a provision of this article.

History. 2014 ch. 69, § 1, effective July 1, 2014; 2021 ch. 109, § 2, effective April 5, 2021.

The 2021 amendment substituted "11-25-201" for "11-25-105" in (a).

Laws 2021, ch. 109, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 5, 2021.

§ 33-1-302. Duties of licensure boards.

Except as otherwise specifically provided by statute, a board authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under W.S. 11-25-201 , 21-2-802 or 23-2-414 shall:
1. Prescribe and enforce rules, regulations and policies for its own government consistent with the laws of the state and rules and regulations;
2. Keep minutes of all meetings at which official action is taken and a record of all official acts;
3. Fix the time and place of regular meetings, provided, that there shall be at least one (1) meeting per year;
4. Require adequate internal control structures to ensure the processing and accounting of all financial transactions and, at a minimum, conduct periodic audits of internal controls and financial transactions. Periodic audits conducted under this paragraph may be performed by the department of audit or an independent audit firm retained by the board. The audits shall be performed at intervals as designated by the department of audit in consultation with the board. The audit shall determine:
  1. Whether expenditures are made for the benefit of the state;
  2. Repealed by Laws 2016, ch. 58, § 2.
  3. Whether expenditures are made in compliance with applicable statutes, rules and regulations which govern the specific board or profession; and
  4. Whether revenue transactions and cash handling procedures are reasonable for the volume and manner in which revenues are received.
5. Provide a copy of the audit required by paragraph (iv) of this subsection to the department of audit and the state auditor. In the event the audit was conducted by the department of audit, a copy of the audit shall be retained by the department of audit and a copy shall be provided to the state auditor;
6. Prohibit members from receiving compensation as an employee of the board or commission including but not limited to positions of executive director, administrative assistant or other employee serving in a similar capacity;
7. Compensate each member for per diem and mileage for attending and traveling to and from meetings, hearings and other activities necessary in the performance of the duties of the office in the same manner and amount as members of the Wyoming legislature. Members who are state employees that receive compensation from their employers for activities performed pursuant to this title or under W.S. 11-25-201 , 21-2-802 or 23-2-414 shall not receive additional compensation but shall receive mileage and per diem as provided under this paragraph if they are not reimbursed by their employers;
8. Receive budget, fiscal, administrative and clerical service from the department of administration and information as provided in W.S. 9-2-3202(b) and 9-2-1707(b)(iii), except as provided hereinafter. The licensure board or commission shall pay a reasonable rate established by rule and regulation of the department of administration and information for services necessary to support the operation of the licensure board or commission. A board or commission may terminate services described herein upon demonstration to the department of administration and information, in the manner and form determined sufficient by the department of administration and information, that the board or commission is financially independent and able to secure staff to perform the functions necessary for independent operation;
9. If applicable, pay the amount determined appropriate for any cost allocation program supporting licensure boards as determined by the state budget department as provided in W.S. 9-2-1004(c).

History. 2014 ch. 69, § 1, effective July 1, 2014; 2016 ch. 58, §§ 1, 2, effective July 1, 2016; 2021 ch. 56, § 3, effective April 1, 2021; 2021 ch. 109, § 2, effective April 5, 2021.

The 2016 amendments. — The first 2016 amendment, by ch. 58 § 1, effective July 1, 2016, substituted “financial transactions. Periodic audits conducted under this paragraph may be performed by the department of audit or an independent audit firm retained by the board. The audits shall be performed at intervals as designated by the department of audit in consultation with the board. The audit shall” for “receipts to” in (a)(iv); deleted “in administration or operation of the law and applicable rules and regulations” at the end of (a)(iv)(A); substituted “expenditures are made in compliance with applicable statutes, rules and regulations which govern the specific board or profession; and” for “the entity has complied with applicable laws and regulations” in (a)(iv)(C); added (a)(iv)(D); and substituted “In the event the audit was conducted by the department of audit, a copy of the audit shall be retained by the department of audit and a copy shall be provided to the state auditor” for “and the legislative service office” in (a)(v).

The second 2016 amendment, by ch. 58 § 2, effective July 1, 2016, repealed former (a)(iv)(B), which read: “Whether the financial reports of an audited entity are presented fairly; and.”

The 2021 amendments. —

The first 2021 amendment, by ch. 56, § 3, substituted "9-2-3202(b)" for "9-2-1002(b)" in the first sentence of (a)(viii); in (a)(ix), added "state budget" preceding "department" and deleted "of administration" preceding "as provided."

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 109, § 2, substituted "11-25-201" for "11-25-105" in (a) and (a)(vii).

Laws 2021, ch. 109, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 5, 2021.

§ 33-1-303. Powers of licensure boards.

Except as otherwise specifically provided by statute, a board authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under W.S. 11-25-201 , 21-2-802 or 23-2-414 may:
1. Enter into agreement with any public or private agency, institution, person or corporation for the performance of acts or furnishing of services or facilities by or for the board or commission;
2. Delegate temporary licensure authority to licensure board members or staff to be reviewed and approved by the full board;
3. Seek injunctive relief to prevent individuals from practicing without a license;
4. Adopt rules and regulations allowing the practice of telemedicine/telehealth and the use of telemedicine/telehealth technologies within an applicable profession or occupation consistent with the profession’s or occupation’s duties and obligations. For purposes of this paragraph, telemedicine/telehealth shall be defined within each promulgated rule in a manner applicable to the individual profession or occupation and in a manner which facilitates the development and promotion of uniform, system wide standards for the practice of telemedicine/telehealth and the use of telemedicine/telehealth technologies. Any board promulgating rules under this paragraph shall first confer with the office of rural health for the purpose of promoting the goals established by W.S. 9-2-117(a)(vi) through (viii).
A board authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under W.S. 21-2-802 or 23-2-414 may waive or modify statutory examination or continuing education requirements or other statutory requirements for licensure or permitting if:
1. The examination is not being given or is not practicably available;
2. Continuing education opportunities are not practicably available; or
3. The statutory requirement could not be met due to public health orders or weather conditions.
The relevant licensing or certifying authority may impose reasonable or necessary restrictions or requirements on a license, certification or practice authority affected by a waiver or modification granted pursuant to subsection (b) of this section.
If the duration of a waiver or modification granted pursuant to subsection (b) of this section exceeds two (2) years, the relevant licensing or certifying authority shall report the matter to the appropriate legislative committee and recommend any appropriate related statutory amendments. For health related occupations the relevant committee shall be the joint labor, health and social services interim committee and for all other matters the relevant committee shall be the joint corporations, elections and political subdivisions interim committee. No waiver or modification granted under subsection (b) of this section shall have a duration of more than four (4) years.

History. 2014 ch. 69, § 1, effective July 1, 2014; 2017 ch. 90, § 1, effective March 1, 2017; 2021 ch. 109, § 2, effective April 5, 2021; 2021 ch. 136, § 1, effective April 6, 2021.

The 2017 amendment , added (a)(iv).

Laws 2017, ch. 90, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2017.

The 2021 amendments. —

The first 2021 amendment, by ch. 109, § 2, substituted "11-25-201" for "11-25-105" in (a).

Laws 2021, ch. 109, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 5, 2021.

The second 2021 amendment, by ch. 136, § 1, added (b) through (d).

Laws 2021, ch. 136, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

§ 33-1-304. Considering criminal convictions. [Effective until July 1, 2022]

History. 2018 ch. 107, § 1, effective July 1, 2018; 2020 ch. 105, § 2, effective July 1, 2020; 2021 ch. 109, § 2, effective April 5, 2021; 2022 ch. 20, § 1, effective July 1, 2022.

The 2020 amendment, effective July 1, 2020, redesignated (b) as the introductory language of (b) and (b)(i); and added (b)(ii) and made related changes.

The 2021 amendment substituted “11-25-201” for “11-25-105” in (a) and (c).

Laws 2021, ch. 109, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 5, 2021.

The 2022 amendment, effective July 1, 2022, added (e).

This section is set out as reconciled by the Wyoming legislative service office.

Effective date. —

Laws 2018, ch. 107, § 1, makes the act effective July, 1, 2018.

§ 33-1-304. Considering criminal convictions; pre-application determinations. [Effective July 1, 2022]

History. 2018 ch. 107, § 1, effective July 1, 2018; 2020 ch. 105, § 2, effective July 1, 2020; 2021 ch. 109, § 2, effective April 5, 2021; 2022 ch. 20, § 1, effective July 1, 2022.

Chapter 2 Abstractors

Cross references. —

As to licensing provisions generally, see ch. 1 of this title.

§ 33-2-101. Abstractor to have complete set of abstracts and give bond.

Hereafter no person, company or corporation shall engage in or carry on the business of making or furnishing abstracts of title to any real estate within this state, without first having a full and complete set of abstract records of title of all the real estate situated in the county in which such business is carried on; or, in case such abstract business is limited to furnishing abstracts of real estate situated in an incorporated city or town, in such case a complete set of abstracts of all real estate in such city or town shall be kept, and such person, company or corporation shall also first enter into bond to the people of the state of Wyoming for the use of any person who shall sustain loss or damage by reason of the failure of any such person, company or corporation in the performance of his or their duty as such abstractor. Said bond shall be in the penal sum of ten thousand dollars ($10,000.00), with sufficient sureties, to be approved by and filed with the county clerk of such county, and conditioned for the faithful performance of his or their duty as such abstractor.

History. Laws 1890-91, ch. 41, § 1; R.S. 1899, § 2524; C.S. 1910, § 3437; C.S. 1920, § 4354; R.S. 1931, § 1-101; C.S. 1945, § 66-601; W.S. 1957, § 33-12.

Photographic reproductions of chain of title instruments are not abstracts. —

The definitions of abstract, legal and general, do not appear to have changed over the years, but the practice has developed of making photographic reproductions of the entire instruments comprising the chain of title. These documents may not properly be held to be abstracts, as that term was used in 1890 when the present statute was enacted. Title Guar. Co. of Wyo., Inc. v. Belt, 539 P.2d 357, 1975 Wyo. LEXIS 158 (Wyo. 1975).

Strict construction required. —

Sections 33-2-101 and 33-2-102 , imposing restrictions upon the business of “furnishing abstracts of title” and imposing a fine of $500.00 for each and every failure to comply with the act, are penal in nature, subject to strict construction. Title Guar. Co. of Wyo., Inc. v. Belt, 539 P.2d 357, 1975 Wyo. LEXIS 158 (Wyo. 1975).

Law reviews. —

For a comment, “Abstractor's Liability in Examination of Title,” see 6 Wyo. L.J. 184.

For a comment, “The Presumption of Death Problem in Title Examination,” see 6 Wyo. L.J. 189.

For a comment, “Precautions of the Title Examiner in Relation to Federal Tax Liens,” see 6 Wyo. L.J. 195.

Am. Jur. 2d, ALR and C.J.S. references. —

Duty and liability of abstractor to employer respecting matters to be included in abstract, 28 ALR2d 891.

Liability of one preparing abstract of title for deficiencies therein to one other than person directly contracting for abstract, 34 ALR3d 1122.

Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 ALR4th 314.

§ 33-2-102. Penalty.

Any person, company or corporation who shall carry on or attempt to carry on any business mentioned in section one of this act [§ 33-2-101 ] and who shall fail, neglect or refuse to fully comply with the provisions of this act [§§ 33-2-101 , 33-2-102 ] shall, upon conviction thereof, be fined in the sum of five hundred dollars ($500.00), for each and every offense.

History. Laws 1890-91, ch. 41, § 2; R.S. 1899, § 2525; C.S. 1910, § 3438; C.S. 1920, § 4355; R.S. 1931, § 1-102; C.S. 1945, § 66-602; W.S. 1957, § 33-13.

Photographic reproductions of chain of title instruments are not abstracts. —

Strict construction required. —

Chapter 3 Accountants

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

Am. Jur. 2d, ALR and C.J.S. references. —

1 Am. Jur. 2d Accountants § 1 et seq.

Validity of statute or rule making specified conduct or condition the ground for cancellation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

Construction and application of statutory provisions respecting persons who may prepare tax returns for others, 10 ALR2d 1443.

Right of accountant to lien upon client's books and records in accountant's possession, 76 ALR2d 1322.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Ownership of and literary property in working papers and data of accountant, 90 ALR2d 784.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Application of statute of limitations to damage action against public accountants for negligence in performance of professional services, 26 ALR3d 1438.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

Liability of public accountant to third parties, 46 ALR3d 979.

Tax preparer's liability to taxpayer in connection with preparation of tax return, 81 ALR3d 1119.

Accountant's malpractice liability to client, 92 ALR3d 396.

Validity and construction of contractual restriction on right of accountant to practice, incident to sale of practice or withdrawal from accountancy partnership, 13 ALR4th 661.

Enforceability of covenant against competition in accountant's employment contract, 15 ALR4th 559.

Privileged communications between accountant and client, 33 ALR4th 539.

Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 ALR5th 852.

Liability of independent accountant to investors or shareholders, 48 ALR5th 389.

1 C.J.S. Accountants § 1 et seq.

Article 1. In General

§ 33-3-101. Citation.

This act may be cited as the “Certified Public Accountant’s Act of 2005”. This act applies only to certified public accountants and certified public accountant firms and those who hold themselves out to be a certified public accountant or a certified public accountant firm.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.52; Laws 2005, ch. 1, § 1.

The 2005 amendment, effective July 1, 2005, substituted “2005” for “1975,” and added the second sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Cited in

Dorr v. State Bd. of CPAs, 2001 WY 37, 21 P.3d 735, 2001 Wyo. LEXIS 46 (Wyo. 2001).

§ 33-3-102. Definitions.

As used in this act:
1. “Board” means the Wyoming board of certified public accountants created by W.S. 33-3-103 ;
2. “State” means any state of the United States excluding Wyoming, any territory or insular possession of the United States or the District of Columbia;
3. Masculine terms when used in this act shall include the feminine;
4. “Permit” means a permit to engage in the practice of public accounting as a “certified public accountant firm” issued by the board under W.S. 33-3-118 and 33-3-120 which has not expired, been revoked or suspended;
5. “Examination” means a written examination described in W.S. 33-3-109(a)(iv);
6. “Attest service” means any of the financial statement services described in the following subparagraphs. The statements on standards specified in the following subparagraphs shall be adopted by reference by the board pursuant to the Wyoming Administrative Procedure Act and shall be those developed for general application by recognized national accountancy organizations such as the American Institute of Certified Public Accountants and the public company accounting oversight board:
  1. Any audit or other engagement performed in accordance with the statements on auditing standards;
  2. Any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services;
  3. Any examination of prospective financial information to be performed in accordance with the statement on standards for attestation engagements;
  4. Any engagement to be performed in accordance with the auditing standards of the public company accountancy oversight board;
  5. Any examination, review or agreed upon procedures engagement to be performed in accordance with the statement on standards for attestation engagements other than examinations described in subparagraph (C) of this paragraph.
7. “Certificate” means a certificate as “certified public accountant” issued under this act or corresponding provisions of prior law, or a corresponding certificate as certified public accountant issued after examination under the law of any other state;
8. “Certified public accountant firm” means any form of organization allowed by state law that has been issued a permit under this act;
9. “Compilation service” means providing a service to be performed in accordance with the statements on standards for accounting and review services the objective of which is to assist management in the presentation of financial statements and to report on that information without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements in order for them to be in accordance with the applicable financial reporting framework;
10. “Home office” means the location specified by the client as the address to which a service described in W.S. 33-3-116(a)(iv) is directed;
11. “License” means an active certified public accountant certificate or any other comparable document issued by any other state based on completing education, examination and experience requirements;
12. “NASBA” means the national association of state boards of accountancy;
13. “Principal place of business” means the office location designated by the licensee for purposes of substantial equivalency and reciprocity;
14. “Substantial equivalency” is a determination by the board or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements of W.S. 33-3-116(c)(i) or that an individual certified public accountant’s education, examination and experience are comparable to or exceed the education, examination and experience requirements of W.S. 33-3-116(c)(i). In ascertaining substantial equivalency the board shall take into account the qualifications without regard to the sequence in which experience, education or examination requirements were attained;
15. “This act” means W.S. 33-3-101 through 33-3-201 .

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.53; Laws 2005, ch. 1, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (a), substituted “this act” for “the Certified Public Accountant's Act of 1975”; in (a)(iv) inserted “firm” after “certified public accountant,” and substituted “W.S. 33-3-118 and 33-3-120 ” for “W.S. 33-3-120 ”; added (a)(vi) through (a)(x); and made stylistic changes.

The 2009 amendment, effective July 1, 2009, rewrote (a)(vi), redesignated former (a)(x) as (a)(xv) and added (a)(x) through (a)(xiv).

The 2019 amendment, effective July 1, 2019, in (a)(vi)(C), deleted “or,” added (a)(vi)(E), and in (a)(ix), substituted “the objective of which is to assist management in the presentation” for “that is presented in the form,” “and to report on that information” for “information that is the representation of the client, the client’s management or owners,” “obtain or provide” for “express,” “that there are no material modifications that should be made to” for “on,” and added “financial” and “in order for them to be in accordance with the applicable financial reporting framework.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-3-103. Wyoming board of certified public accountants; creation; members; vacancies; removal; reappointment.

There is created a Wyoming board of certified public accountants. The board shall consist of five (5) members appointed by the governor. Members of the board shall be citizens of the United States and residents of Wyoming. Four (4) members of the board shall be persons who hold certified public accountant certificates issued under the laws of Wyoming and are in good standing as certified public accountants. One (1) member of the board shall be a member of the general public. The members of the board first to be appointed shall hold office, one (1) for one (1) year, two (2) for two (2) years and two (2) for three (3) years from July 1, 1975, the term of each to be designated by the governor. Their successors shall be appointed for terms of three (3) years. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and qualified. The governor shall remove any member from the board whose certificate has been revoked or suspended, and may remove any member of the board as provided in W.S. 9-1-202 . No person, who has served two (2) successive complete terms of one (1), two (2) or three (3) years is eligible for reappointment until after the lapse of one (1) year. An appointment to fill an unexpired term is not considered a complete term.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.54; Laws 1987, ch. 175, § 1; 2004, ch. 130, § 1; 2005, ch. 1, § 1.

The 2004 amendment substituted “accountant” for “account.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendment, effective July 1, 2005, rewrote the fourth sentence and deleted the former fifth sentence, eliminating provisions pertaining to active practice, and substituted “certificate” for “permit.”

Conflicting legislation. —

Cited in

Wyoming Bd. of CPAs v. Christensen, 800 P.2d 853, 1990 Wyo. LEXIS 134 (Wyo. 1990).

§ 33-3-104. Board chairman; board secretary; regulations; quorum; seal; records.

The board shall elect annually a chairman and a secretary from its members. The secretary shall report to the board regarding revenue receipts and review reports of all fees and other money received by the board. A majority of the board shall constitute a quorum for the transaction of business. The board shall have a seal which shall be judicially noticed. The board shall keep records of its proceedings. The board may employ personnel and arrange for any assistance it may require in the performance of its duties.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.55; 2019 ch. 2, § 1, effective July 1, 2019.

The 2019 amendment, effective July 1, 2019, substituted "report to the board regarding revenue receipts" for "receive"; and substituted "review reports of" for "account for".

§ 33-3-105. Register; contents.

The board shall maintain on its website a register that contains the names of all certified public accountants, the names of the members of the board and other matters deemed proper by the board.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.56; Laws 2005, ch. 1, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, deleted “holding permits” after “certified public accountants,” and substituted “made available to each certificate holder who requests a copy” for “mailed to each permit holder.”

The 2019 amendment, effective July 1, 2019, substituted "maintain on its website a" for "prepare for public distribution, in July of each year, an annual", substituted "that contains" for "which shall contain", deleted ", arranged alphabetically by classifications," and deleted "Copies of the register shall be made available to each certificate holder who requests a copy."

§ 33-3-106. Compensation of board members; expenses.

Each member of the board shall receive as salary the sum paid each day to members of the state legislature, for each day spent in the discharge of his official duties and mileage and per diem allowance as provided in W.S. 33-1-302(a)(vii). Compensation, reimbursement of expenses and all other obligations incurred by the board shall be paid from the certified public accountant’s account.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.57; Laws 2005, ch. 1, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

Cross references. —

As to meal, lodging and traveling expenses of state officers and employees, see § 9-3-102 .

As to amount of mileage fee or mileage expenses to state, county or precinct officer or employee, see § 9-3-103 .

The 2005 amendment, effective July 1, 2005, substituted “receive as salary the sum paid each day to members of the state legislature” for “be paid an amount, not exceeding fifty dollars ($50.00).”

The 2014 amendment, effective July 1, 2014, substituted “as provided in W.S. 33-1-302(a)(vii)” for “as allowed to state employees” in the first sentence.

§ 33-3-107. Fees; collection; certified public accountant’s account; disbursements; transfer of existing funds.

All fees collected under the provisions of this act shall be remitted by the board to the state treasurer according to policy set by the state treasurer. The state treasurer shall deposit all collections and other funds of the board in a separate account. All funds of any organization of certified public accountants held by the Wyoming state treasurer on the effective date of this act shall be transferred to and become a part of the certified public accountant’s account.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.58; Laws 2005, ch. 231, § 1; 2014 ch. 69, § 2, effective July 1, 2014; 2015 ch. 12, § 1, effective July 1, 2015; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, deleted “within the trust and agency fund” from the end of the second and third sentences.

The 2014 amendment, effective July 1, 2014, deleted the former third sentence.

The 2015 amendment, effective July 1, 2015, substituted “remitted” for “paid” and “to the treasurer” for “into the Wyoming state treasury” in the first sentence; and substituted “state treasurer shall deposit” for “Wyoming state treasurer shall account for” in the second sentence.

The 2019 amendment, effective July 1, 2019, deleted "the secretary of" and "at the end of each month" and added "according to policy set by the state treasurer."

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 33-3-108. Rules and regulations; procedure.

The board shall prescribe rules and regulations not inconsistent with the provisions of this act as it deems consistent with, or required by, the public welfare. The rules and regulations shall include:
1. Rules of procedure for governing the conduct of matters before the board;
2. Rules of professional conduct for establishing and maintaining high standards of competence and integrity for certified public accountants in the profession of public accountancy;
3. Regulations governing educational and experience requirements for issuance of the certificate of certified public accountant, and further educational requirements, and not exceeding one hundred twenty (120) hours for each three (3) year period, to be met from time to time by certificate holders in order to maintain their professional knowledge and competence, as a condition to continuing in the practice of public accountancy as a certified public accountant;
4. Regulations governing certified public accountant firms practicing public accounting which use the title “certified public accountant”, including but not limited to rules concerning style, name, title and affiliation with any other organization;
5. Rules governing the determination of substantial equivalence for practice privileges or the issuance of certificates;
6. Rules exempting certificate holders from maintaining active, inactive or retired status as determined by the board;
7. Rules establishing miscellaneous fees and fee collection relating to licensing and enforcement operations in accordance with W.S. 33-1-201 .
All rules and regulations of the board shall be promulgated in compliance with the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.59; Laws 2005, ch. 1, § 1; 2006, ch. 57, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (a)(iii), inserted “and experience” after “Regulations governing educational,” and substituted “certificate” for “permit”; in (a)(iv), substituted “certified public accountant firms” for “corporations”; and added (a)(v).

The 2006 amendment, effective July 1, 2006, in (a), inserted “or foreign,” substituted “when the issuing state's or foreign country's certificate, licensure or credentialing” for “from any state when the state's certificate, or licensure” in (v); added (vi) and made related changes.

The 2009 amendment, effective July 1, 2009, substituted “practice privileges or” preceding “the issuance” for “under W.S. 33-3-116 to individuals who hold valid certified public accountant certificates, licenses or foreign credentials when the issuing state's or foreign country's certificate, licensure or credentialing requirements are substantially equivalent to those under this act as determined by the board” in (a)(v).

The 2019 amendment, effective July 1, 2019, added (a)(vii).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

There is no impermissible delegation of authority by the state regulatory agency in requiring certified public audits to conform to existent national standards of accounting practice. Christensen v. Wyoming Bd. of Certified Pub. Accountants, 838 P.2d 723, 1992 Wyo. LEXIS 143 (Wyo. 1992).

Standard of review is whether decision supported by evidence. —

Reviewing court will not separately undertake a factual analysis following the administrative agencies determination; the authority to make discretional decisions about standards of CPA auditing practices is invested exclusively in the State Board, and therefore the review standard is a determination of whether the decision can be supported by evidence found in the entire record. Christensen v. Wyoming Bd. of Certified Pub. Accountants, 838 P.2d 723, 1992 Wyo. LEXIS 143 (Wyo. 1992).

Cited in

Wyoming Bd. of CPAs v. Christensen, 800 P.2d 853, 1990 Wyo. LEXIS 134 (Wyo. 1990).

§ 33-3-109. Certified public accountant; qualifications.

An active certificate of “certified public accountant” shall be granted by the board to any person:
1. Who is a resident of Wyoming or has a place of business in Wyoming, or as an employee, is regularly employed in Wyoming; and
2. Who has attained the age of majority in Wyoming; and
3. Repealed by Laws 2005, ch. 1, § 2.
4. Who has passed a written examination in accounting and auditing and other related subjects the board determines to be appropriate; and
5. Who, prior to January 1, 2012, meets the requirements of subparagraphs (A) and (B) or subparagraphs (C) and (D) of this paragraph or, on or after January 1, 2012, meets the requirements of subparagraphs (C) and (D) of this paragraph:
  1. Earned a baccalaureate degree conferred by a college or university recognized by the board, with a total education program to include an accounting concentration or equivalent as determined to be appropriate by the rules and regulations of the board, or what the board determines to be substantially the equivalent of the foregoing;
  2. Completed at least four (4) years of full-time experience in the practice of public accounting. The experience shall include providing any type of service or advice involving the use of accounting skills, any auditing, review or compilation service, any management advisory or financial advisory service, or any tax or consulting service. Experience shall be verified by an active certified public accountant or the equivalent as determined by the board, or by providing representative samples of work as determined by the board. The experience shall be acceptable if it is gained through employment in government, industry, academia or public accounting;
  3. Completed at least one hundred fifty (150) semester hours of college education including a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined to be appropriate by the rules and regulations of the board;
  4. Completed at least one (1) year of full-time experience in the practice of public accounting. The experience shall include providing any type of service or advice involving the use of accounting skills, any auditing, review, or compilation service, any management advisory or financial advisory service, or any tax or consulting service. Experience shall be verified by an active certified public accountant or the equivalent as determined by the board, or by providing representative samples of work as determined by the board. The experience shall be acceptable if it is gained through employment in government, industry, academia or public accounting.
Repealed by Laws 1993, ch. 77, § 2.
As used in this act, “the practice of certified public accounting” means holding oneself out to the public or otherwise in such a manner as to state or imply that one is:
1. Skilled in the practice of accounting and auditing;
2. Qualified to express any form of assurance on financial statements;
3. Qualified to express opinions on financial statements for credit purposes, for use in the courts or for other purposes involving third party reliance on these financial statements; or
4. Skilled in the provision of any accounting service including recording and summarizing financial transactions, analyzing and verifying financial information, reporting financial results to an employer, clients or other parties and rendering tax or management advisory services to any employer, clients or other parties.
There shall be a reasonable annual certificate fee to be established by board rules in accordance with W.S. 33-1-201 . All certificates shall expire on the last day of December of each year and may be renewed annually for a period of one (1) year by certificate holders and registrants who meet the requirements specified in subsection (e) of this section and upon payment of the annual fee. In accordance with W.S. 33-1-201 the board may by rule establish a fee in addition to the annual certificate fee to reactivate an expired certificate.
Applications for renewal of an active certificate shall be accompanied by evidence of satisfaction of the continuing education requirements during the three (3) years preceding the application. Failure by an individual applicant to furnish this evidence shall constitute grounds for nonrenewal under W.S. 33-3-121 , unless the board determines the failure is due to reasonable cause or excusable neglect. The board may renew a certificate despite the failure to furnish evidence of satisfaction of the requirements of continuing education upon the condition that the applicant follow a particular future program or schedule of continuing education. In issuing rules, regulations and individual orders regarding requirements of continuing education, the board may use and rely upon guidelines and pronouncements of recognized educational and professional associations, may prescribe the content, duration and organization of courses, shall take into account the applicant’s access to continuing education courses and any impediments to the interstate practice of certified public accounting which may result from differences in these requirements in other states and may provide for relaxation or suspension of the requirements for applicants who certify that they do not intend to engage in the practice of certified public accountancy or for instances of individual hardship.
Persons holding a certificate issued under W.S. 33-3-109 or 33-3-116 but who do not practice public accounting in Wyoming and have not lost the right to active status may place the certificate on an inactive status. A person with a certificate on inactive status shall pay an annual inactive fee not exceeding one-half (1/2) the annual fee charged to active certificate holders. All inactive status certificates shall expire on the last day of December of each year and may be renewed annually for a period of one (1) year. If the fee is not paid by December 31, a late fee as set by board rule in accordance with W.S. 33-1-201 , may be added to the annual fee. A person classified as inactive may assume or use the title or designation “certified public accountant” or the abbreviation “CPA” and shall use the words “inactive” adjacent to the designation “CPA” or “certified public accountant”.
The board by regulation may allow persons to retire the certificate. A person classified as retired shall pay a fee to be established by board rule in accordance with W.S. 33-1-201 . A person classified as retired may assume or use the title or designation “certified public accountant” or the abbreviation “CPA” and shall use the words “retired” adjacent to the designation “CPA” or “certified public accountant”.
Any individual certificate holder or individual with practice privileges who is responsible for supervising attestation services or compilation services or who signs or authorizes someone to sign the accountant’s report on the financial statements shall meet the experience or competency requirements set forth in the professional standards for such services.
Nothing in subsection (c) of this section shall be construed to prohibit public accountants from providing the services listed in subsection (c) of this section as long as the public accountant does not hold himself out to be a certified public accountant.
The board shall issue a certificate to a holder of a substantially equivalent foreign designation who meets the requirements of paragraphs (a)(i) and (ii) of this section provided that:
1. The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority’s comparable designation; and
2. The foreign designation:
  1. Was issued by a foreign authority that regulates the practice of certified public accountancy and the foreign designation has not expired or been revoked or suspended;
  2. Entitles the holder to issue reports upon financial statements; and
  3. Was issued upon the basis of educational, examination and experience requirements established by the foreign authority or by law; and
3. The applicant:
  1. Received the designation based on educational and examination standards substantially equivalent to those in effect in this state at the time the foreign designation was granted;
  2. Completed an experience requirement substantially equivalent to the requirements of subparagraph (a)(v)(D) of this section in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements within the ten (10) years immediately preceding the application as prescribed by board rule; and
  3. Passed a uniform qualifying examination in national standards acceptable to the board.
An applicant for a certificate under subsection (k) of this section shall list in the application all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy. Each holder of a certificate issued under subsection (k) of this section shall notify the board in writing within thirty (30) days after its occurrence of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.
The board has sole authority to interpret the application of the provisions of subsections (k) and (m) of this section.
An active certificate of “certified public accountant” shall be granted by the board to any person who makes application and demonstrates eligibility under the substantial equivalency standard when the person establishes a principal place of business in this state. Qualifications may be established through a designee as provided in board rule.
An active certificate of “certified public accountant” may be granted by the board to any person who makes application but does not meet the eligibility under the substantial equivalency standard upon a showing:
1. The applicant passed the uniform certified public accountant examination; and
2. The applicant had four (4) years of experience of the type set forth in subparagraph (a)(v)(D) of this section within the ten (10) years immediately preceding the application as prescribed by board rule.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.60; Laws 1993, ch. 77, §§ 1, 2; 2005, ch. 1, §§ 1, 2; 2006, ch. 114, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (a), inserted “active” before “certificate”; repealed former (a)(iii)(A) and (B), which provided that a person who had earned a baccalaureate degree with a concentration in accounting prior to December 31, 1999, or who had met the eligibility requirement to apply for the examination given pursuant to W.S. 33-3-110 after December 31, 1999, could be granted a certified public accountant certificate; added (a)(v); and added (c) through (j).

The 2006 amendment, deleted “or” at the end of (a)(v)(B).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2009 amendment, effective July 1, 2009, in the introductory language of (a)(v), inserted “, prior to January 1, 2012,” preceding “meets” and added “or, on or after January 1, 2012, meets the requirements of subparagraphs (C) and (D) of this paragraph”; in (d), rewrote the first sentence, substituted “(e)” for “(a)” following “subsection” in the second sentence, and substituted “by board rule in accordance with W.S. 33-1-201 may be” for “by the board not to exceed one hundred fifty dollars ($150.00) shall be” in the third sentence; inserted “certified” preceding “public accounting” and “public accountancy” in (e); substituted “by board rule in accordance with W.S. 33-1-201 may be” for “by the board not in excess of seventy-five dollars ($75.00), shall be” in (f); substituted “a fee to be established by board rule in accordance with W.S. 33-1-201” for “a one-time fee of fifty dollars ($50.00)” in the second sentence of (g); inserted “or individual with practice privileges” following “certificate holder” in (h); and added (k) through (p).

The 2019 amendment, effective July 1, 2019, in (d), substituted "In accordance with W.S. 33-1-201 the board may by rule establish a fee in addition to the annual certificate fee to reactivate an expired certificate." for "If the annual certificate fee is not paid by the first day of November, a late renewal fee as set by board rule in accordance with W.S. 33-1-201 may be added to the renewal fee"; in (f) substituted "may" for "shall", substituted "with a certificate on" for "classified as", added "status", added "All inactive status certificates shall expire on the last day of December of each year and may be renewed annually for a period of one (1) year."; in (k) added "who meets the requirements of paragraphs (a)(i) and (ii) of this section"

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Laws 2005, ch. 1, § 2, repealed (a)(ii)(A) and (B). The introductory language in (a)(iii) has been repealed at the direction of the legislative service office.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Conflicting Legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 33-3-110. Examinations and special tests; when held; use of prepared questions and grading service.

The examination shall be held not less frequently than once each year. The board may make use of any part of the uniform certified public accountant examination and advisory grading service as the board deems appropriate to assist it in performing its duties. The board may administer a special test designed to test skills of foreign accountants. The special test shall be administered in conjunction with the examination as often as may be necessary.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.61; Laws 1993, ch. 77, § 1.

§ 33-3-111. Candidate for examination; eligibility.

A candidate is eligible to take the examination when he has met the requirements of W.S. 33-3-109(a)(i) and (ii) and has completed a baccalaureate or higher degree conferred by a college or university acceptable to the board, with a total educational program that includes an accounting concentration or its equivalent as determined to be appropriate by the rules and regulations of the board.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.62; Laws 2005, ch. 1, § 1; 2017 ch. 168, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, substituted “W.S. 33-3-109(a)(v)” for “W.S. 33-3-109(a)(iii).”

The 2017 amendment , effective July 1, 2017, rewrote the section which formerly read: “A candidate who has met the education requirement specified in W.S. 33-3-109(a)(v), or who expects to meet the requirements within ninety (90) days following the examination, or with respect to whom the requirement has been waived, is eligible to take the examination when he has met the requirements of W.S. 33-3-109(a)(i) and (ii). When any candidate is admitted to the examination on the expectation that he will complete the education requirement within ninety (90) days, no certificate shall be issued, nor shall credit for any part of the examination be given, unless the requirement is in fact completed within that time or within the time the board in its discretion may determine upon application.”

§ 33-3-112. Reexamination; waiting period; credit for parts passed in other states.

The board may by regulation prescribe the terms and conditions under which a candidate who passes one (1) or more of the subjects of the examination may be reexamined in only the remaining subjects, with credit for the subjects previously passed. It may also provide by regulation for a reasonable waiting period for a candidate’s reexamination in any subject he has failed.
The board may provide by regulation for granting credit to a candidate for his satisfactory completion of any subject of the examination given by the licensing authority in any state. The regulations shall include the requirements the board determines to be appropriate in order that any examination approved as a basis for any credit shall be at least as thorough as the most recent examination given by the board at the time of the granting of the credit.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.63; 2019 ch. 2, § 1, effective July 1, 2019.

The 2019 amendment, effective July 1, 2019, in (b), added a period and deleted ", if when he took the examination in another state he was not a resident of Wyoming or, as an employee, was not regularly employed in Wyoming."

§ 33-3-113. Examination, reexamination and test fees.

The board shall establish fees for all examinations as determined by rules and regulations of the board in accordance with the requirements of the Wyoming Administrative Procedure Act, as follows:
1. In an amount sufficient to ensure funds adequate to administer the examination required by W.S. 33-3-110 ;
2. In an amount sufficient to ensure funds adequate to administer the special test to foreign applicants authorized by W.S. 33-3-110 .
3. Repealed by Laws 1993, ch. 77, § 2.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.64; Laws 1983, ch. 112, § 1; 1993, ch. 77, §§ 1, 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See §§ 16-3-101 through 16-3-115 .

§ 33-3-114. [Repealed.]

Repealed by Laws 2005, ch. 1, § 2.

Editor's notes. —

This section, which derived from Laws 1975, ch. 179, § 1, provided for temporary certificate and permits.

Laws 2005, ch. 1, § 3, makes the act effective July 1, 2005.

§ 33-3-115. Certified public accountants; certificates under prior law.

Persons who hold certified public accountant certificates issued under prior laws of Wyoming are not required to obtain additional certificates or register under the provisions of this act, but are subject to all other provisions of this act. Certificates issued under prior law shall be considered certificates issued under the provisions of this act. All certificate holders who maintained the certificate on inactive status under prior law may continue to hold the certificate pursuant to the terms of this act without meeting additional experience requirements under W.S. 33-3-109(a)(v). All certificate holders whose principal place of business is in this state and who provide services in Wyoming as defined in W.S. 33-3-109(c) shall maintain the certificate on active status. All certificate holders whose principal place of business is not in this state and who are not eligible for practice privileges as provided in W.S. 33-3-116 and who provide service in this state as defined in W.S. 33-3-109(c) shall maintain the certificate on active status. Certificate holders who are eligible for practice privileges as provided in W.S. 33-3-116 may elect to maintain the Wyoming certificate pursuant to W.S. 33-3-109(d) through (f).

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.66; Laws 2005, ch. 1, § 1; 2009, ch. 99, § 1.

The 2005 amendment, effective July 1, 2005, deleted “on July 1, 1975” after “certificates” in the first sentence, and added the last two sentences.

The 2009 amendment, effective July 1, 2009, inserted “whose principal place of business is in this state and” following “certificate holders” in the fourth sentence and added the fifth and sixth sentences.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

§ 33-3-116. Certified public accountant; holders of certificates in sister states.

The board may allow practice privileges as follows:
1. An individual whose principal place of business is not in this state and who holds a valid license as a certified public accountant from any state which the board, or its designee as determined by board rule and as provided in W.S. 33-3-109 (o), has determined to be in substantial equivalence with subsection (c) of this section shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of certificate holders of this state without the need to obtain a certificate under W.S. 33-3-109 . Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone or electronic means, under this subsection shall be granted practice privileges in this state and no notice, fee or other submission shall be required of the individual. Any individual practicing under this paragraph shall be subject to the requirements of paragraph (a)(iii) of this section;
2. An individual whose principal place of business is not in this state and who holds a valid license as a certified public accountant from any state which the board, or its designee as determined by board rule and as provided in W.S. 33-3-109(o), has not determined to be in substantial equivalence with the certified public accountant licensure requirements of subsection (c) of this section shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of certificate holders of this state without the need to obtain a certificate under W.S. 33-3-109 if the individual obtains from the board or its designee verification that the individual’s certified public accountant qualifications are substantially equivalent to the certified public accountant licensure requirements of subsection (c) of this section. Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone or electronic means, under this subsection shall be granted practice privileges in this state and no notice, fee or other submission shall be required of the individual. Any individual practicing under this paragraph shall be subject to the requirements of paragraph (a)(iii) of this section;
3. An individual licensee of another state exercising the privileges afforded under this subsection and the firm which employs that licensee simultaneously consents as a condition of the grant of this privilege:
  1. To the personal and subject matter jurisdiction and disciplinary authority of the board;
  2. To comply with this act and any board rules;
  3. That in the event the license from the state of the individual’s principal place of business is no longer valid, the individual will cease offering or rendering professional services in this state individually and on behalf of a firm; and
  4. To the appointment of the state board which issued their license as their agent upon whom process may be served in any action or proceeding by the board against the licensee.
4. An individual who qualifies for practice privileges under this subsection shall only provide services through a firm which has obtained a permit issued under W.S. 33-3-118 when performing the following services for any entity with its home office in this state:
  1. Providing any financial statement audit or other engagement to be performed in accordance with statements on auditing standards;
  2. Providing any examination of prospective financial information to be performed in accordance with statements on standards for attestation engagements; or
  3. Providing any engagement to be performed in accordance with public company accounting oversight board auditing standards.
A licensee of this state offering or rendering services or using his certified public accountant title in another state shall be subject to disciplinary action in this state for any act committed in another state for which the licensee would be subject to discipline. Notwithstanding W.S. 33-3-123 , the board shall investigate any complaint made by the board of accountancy of another state.
An individual shall be deemed to meet the substantial equivalency requirements of this state if he meets the requirements of paragraph (i) or (ii) of this subsection:
1. The individual holds a valid license as a certified public accountant from any state that requires as a condition of licensure that the individual:
  1. Completes at least one hundred fifty (150) semester hours of college education including a baccalaureate or higher degree conferred by a college or university;
  2. Achieves a passing grade on the uniform certified public accountant examination; and
  3. Possesses at least one (1) year experience including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, which may be obtained through government, industry, academic or public practice verified by a licensee or the equivalent of a licensee as determined by the board.
2. The individual holds a valid license as a certified public accountant from any state that does not meet the requirements of paragraph (i) of this subsection but the individual has otherwise met the requirements of paragraph (i) of this subsection or substantially similar requirements. Any individual who passed the uniform certified public accountant examination prior to January 1, 2012 may be exempted from the educational requirements in subparagraph (c)(i)(A) of this subsection for purposes of this paragraph.
Nothing in this section shall be interpreted to prohibit an individual who qualifies for practice privileges under this section from applying for a Wyoming certified public accountant certificate.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.67; 1996, ch. 27, § 1; 2005, ch. 1, § 1; 2006, ch. 57, § 1; 2009, ch. 99, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, which formerly allowed waiver for persons holding a certificate, license or degree in a foreign country recognizing them as qualified to practice certified public accounting.

The 2006 amendment, effective July 1, 2006, inserted “or a similar recognized credential,” and “or foreign country.”

The 2009 amendment, effective July 1, 2009, rewrote the section, which read: “The board may issue a certificate as a certified public accountant to any person who holds a certificate of a certified public accountant or a similar recognized credential, then in full force and effect, issued under the laws of any state or foreign country when that person meets requirements which are substantially equivalent to the requirements set forth in W.S. 33-3-109(a)(ii) through (v).”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

§ 33-3-117. [Repealed.]

Repealed by Laws 2005, ch. 1, § 2.

Editor's notes. —

This section, which derived from Laws 1975, ch. 179, § 1, allowed for the organization of corporations for the practice of public accounting.

§ 33-3-118. Certified public accountant firms.

A certified public accounting firm that has been issued a permit under this act may practice in any form of organization allowed by state law.
1. through (iii) Repealed by Laws 2005, ch. 1, § 2.
The board shall grant or renew a permit to a certified public accounting firm demonstrating its qualifications in accordance with this section:
1. through (viii) Repealed by Laws 2005, ch. 1, § 2.
2. through (xii) Repealed by Laws 2009, ch. 99, § 2.
3. Except as otherwise provided in this section, the following shall be required to hold a permit issued under this section:
  1. Any firm with an office in this state performing any attest services as defined in W.S. 33-3-102(a)(vi) or any compensated public accounting services described in W.S. 33-3-109 (c) for members of the general public provided by certified public accountants who are subject to the jurisdiction of the board under this act;
  2. Any firm with an office in this state that uses the title “CPA” or “CPA firm”.
  3. Repealed by Laws 2019, ch. 2, § 2.
4. A firm which does not have an office in this state may perform attest services described in W.S. 33-3-102(a)(vi) or compilation services described in W.S. 33-3-102(a)(ix) for a client having its home office in this state and may use the title “CPA” or “CPA firm” without a permit issued under this section if:
  1. The firm has the qualifications described in paragraph (xvi) of this subsection and W.S. 33-3-132 ; and
  2. The firm performs the services through an individual with practice privileges under W.S. 33-3-116(a).
5. A firm which is not subject to the requirements of paragraph (xiii) or (xiv) of this subsection may perform other professional services while using the title “CPA” or “CPA firm” without a permit if:
  1. The firm performs the services through an individual with practice privileges under W.S. 33-3-116(a); and
  2. The firm can lawfully perform those services in the state where the individual with practice privileges has his principal place of business.
6. Notwithstanding any other provision of law, at least a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, shall belong to holders of a certificate who are licensed in some state and those partners, officers, shareholders, members or managers whose principal place of business is in this state and who perform professional services in this state shall hold a valid certificate issued under W.S. 33-3-109 or the corresponding provision of prior law. Firms may include noncertificate holder owners but the firm and its ownership shall comply with rules promulgated by the board;
7. Any firm may include nonlicensed owners provided that:
  1. The firm designates a certificate holder of this state, or in the case of a firm which is required to have a permit pursuant to W.S. 33-3-116(a)(iv) a licensee of another state who meets the requirements of W.S. 33-3-116(a), who is responsible for the proper registration of the firm and the firm identifies that individual to the board;
  2. All nonlicensed owners shall be active individual participants in the firm or the firm’s affiliated entities;
  3. The firm complies with any other requirements imposed by board rules;
  4. Any firm which is not in compliance with the requirements of this paragraph due to changes in firm ownership or personnel after receiving or renewing a permit shall take corrective action to bring the firm back into compliance. The board, through rule and regulation, shall specify a period of time for firms to take corrective action. Failure to take corrective action may be grounds for suspension or revocation of the permit issued under this section.
Repealed by Laws 2005, ch. 1, § 2.
This section shall not be applied to prohibit any officer or employee of the state or federal government or political subdivision thereof from performing his official duties.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.69; Laws 2005, ch. 1, §§ 1, 2; 2006, ch. 57, § 1; 2009, ch. 99, §§ 1, 2; 2019 ch. 2, §§ 1, 2, effective July 1, 2019; 2019 ch. 2, § 2, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, rewrote the section, which formerly provided requirements for registration as a partnership or corporation of certified public accountants.

The 2006 amendment, effective July 1, 2006, added (d).

The 2009 amendment, effective July 1, 2009, in the introductory language of (b) inserted “or renew” preceding “a permit” and substituted “demonstrating its qualifications in accordance with this section” for “engaged in the practice of public accounting if it meets all of the qualifications specified in the following paragraphs”; repealed former (b)(ix) through (b)(xii), which read: “(ix) Each resident manager in charge of a Wyoming office and each partner, shareholder or member who is a certified public accountant and is engaged within Wyoming in the practice of public accounting shall hold an active Wyoming certificate;

“(x) Notwithstanding any other provision of law, at least a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, shall belong to certificate holders who hold active certificates, licenses or permits in some state. Although firms may include noncertificate holder owners, the firm and its ownership shall comply with rules promulgated by the board;

“(xi) Any certified public accounting firm may include noncertificate holders provided that the firm designates a certificate holder of this state who is responsible for the proper registration of the firm and identifies that individual to the board. All noncertificate holders shall actively participate in the certified public accounting firm. The designated certificate holder shall be responsible for all notifications required by this act and the rules and regulations of the board;

“(xii) Any certified public accounting firm which is not in compliance with paragraph (x) of this subsection due to changes in firm ownership or personnel after receiving or renewing a permit shall take corrective action to bring the firm back into compliance. The board through rules and regulations shall grant a period of time for a firm to take corrective action. Failure to do so may result in the suspension or revocation of the firm permit.”; added (b)(xiii) through (b)(xvii); and deleted the former first sentence in (d), which read: “All attest services as defined in this act and performed by certificate holders shall be performed within firms permitted under this section.”

The 2019 amendments. — The first 2019 amendment, by ch. 2, § 1, effective July 1, 2019, in (b)(xiii)(A), added “or any compensated public accounting services described in W.S. 33-3-109(c) for members of the general public provided by certified public accountants who are subject to the jurisdiction of the board under this act;”; at the end of (b)(xiii)(B), added a period and deleted “; and”; in (b)(xiv), added “attest”, substituted “33-3-102(a)(vi)(B)” for “33-3-102(a)(vi)” and added “compilation services described in W.S.”

The second 2019 amendment, by ch. 2, § 2, effective July 1, 2019, repealed former (b)(xiii)(C) which read: “Any firm that does not have an office in this state but performs attest services described in W.S. 33-3-102(a)(vi)(A), (C) or (D) for a client having its home office in this state.”

While neither amendment gave effect to the others, all have been given effect in this section as set out above.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Personal liability of corporate accountants. —

Nothing in the nature of the statutory changes in the certified public accountants licensing statutes of this chapter can be found changing the historical right of the Wyoming Board of Certified Public Accountants to require personal liability of the practitioner, regardless of his corporate entity status, for the quality of service in the interest of providing protection for the public. Porter Muirhead Cornia & Howard v. State, 844 P.2d 479, 1992 Wyo. LEXIS 196 (Wyo. 1992).

§ 33-3-119. Accounting offices; registration.

An applicant for initial issuance or renewal of a permit to practice under W.S. 33-3-118 shall register the firm and provide a list of all offices of the firm within the state to the board and shall provide evidence that all attest and compilation services rendered in the state are under the charge of a person holding a valid license issued under W.S. 33-3-109 or the corresponding provision of prior law or the laws of some other state. The board shall by regulation prescribe the procedure to be followed in effecting these registrations.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.70; Laws 2005, ch. 1, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, substituted “an active Wyoming certificate” for “a permit,” and deleted the former next-to-last sentence which read: “The resident manager may serve in that capacity at one (1) office only.”

The 2009 amendment, effective July 1, 2009, rewrote the former first and second sentences as the present first sentence.

The 2019 amendment, effective July 1, 2019, substituted "the firm and provide a list of all offices" for "each office" and substituted "to" for "with".

Advertising office as that of certified public accountant. —

There was no clear and convincing evidence that an accountant advertised an office of a certified public accountant within the meaning of the statute, notwithstanding findings by the board of certified public accountants that (1) the office was listed on the building directory as a CPA office; (2) a sign posted on the office door stated that the accountant's firm was available on an appointment basis and listed contact telephone numbers; (3) informational pamphlets entitled “Divorce: Yours, Mine or Ours” with the accountant's firm listed on them were available to the public in the office; (4) business mail was received at the office; (5) the accountant met a client at the office; and (6) a certificate of organization was on file at the Wyoming Secretary of State's office, which stated that the accountant's business was the practice of accountancy within the state of Dorr v. State Bd., 2001 WY 37, 21 P.3d 735, 2001 Wyo. LEXIS 46 (Wyo. 2001).

§ 33-3-120. Permits; annual fee; renewal; requirements.

Permits to engage in the practice of public accounting as a certified public accountant firm in Wyoming shall be issued by the board to certified public accountant firms registered under this act if all offices of the registrant in Wyoming are maintained and registered as required under W.S. 33-3-119 .
There shall be an annual permit fee to be determined by the board in accordance with W.S. 33-1-201 . All permits shall expire on the last day of December of each year and may be renewed annually for a period of one (1) year by registrants who meet the requirements specified in subsection (a) of this section and upon payment of the annual permit fee. In accordance with W.S. 33-1-201 the board may by rule establish a fee in addition to the annual permit fee to reactivate an expired firm permit.
through (g) Repealed by Laws 2005, ch. 1, § 2.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.71; Laws 1983, ch. 112, § 1; 1987, ch. 89, § 1; 1996, ch. 27, § 1; 1999, ch. 25, § 1; 2005, ch. 1, §§ 1, 2; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, rewrote the section, deleting provisions pertaining to failure to apply for renewal within three years of the expiration date of a permit, failure to provide satisfaction of continuing education requirements, the granting of inactive status, experiential requirements, and the definition of “the practice of public accounting.”

The 2009 amendment, effective July 1, 2009, inserted “in Wyoming” preceding “are maintained” in (a); and in (b) deleted “not exceeding three hundred dollars ($300.00)” preceding “to be determined” and added “in accordance with W.S. 33-1-201 ” in the first sentence, and substituted “in accordance with W.S. 33-1-201 ” for “, not to exceed one hundred fifty dollars ($150.00),” in the last sentence.

The 2019 amendment, effective July 1, 2019, in (b), substituted for "In accordance with W.S. 33-1-201 the board may by rule establish a fee in addition to the annual permit fee to reactivate an expired firm permit." for "If the annual permit fee is not paid by the first day of November, a late renewal fee as set by the board in accordance with W.S. 33-1-201 shall be added to the renewal fee".

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

§ 33-3-121. Certificates and permits; disciplinary action; grounds.

After notice and hearing, the board may revoke, refuse to renew, reprimand, censure, limit the scope of practice, place on probation with or without terms, conditions or limitations, or may suspend for a period not to exceed two (2) years, any certificate issued under this act or practice privilege or may revoke, suspend, limit the scope of practice, or refuse to renew any permit issued under this act or may censure the holder of a permit for any of the following causes:
1. Fraud or deceit in obtaining a certificate as certified public accountant or in obtaining a permit under this act;
2. Dishonesty, fraud or gross negligence by a certificate holder or individual granted practice privileges:
  1. In the practice of public accounting; or
  2. In the filing or failure to file the holder’s or the individual’s own income tax return.
3. Violation of any of the provisions of this act;
4. Violation of any rule promulgated by the board under the authority granted by this act;
5. Conviction of a felony that relates to the practice of accounting or to the ability to practice accounting under the laws of Wyoming or any other state or of the United States;
6. Conviction of any crime, an element of which is dishonesty or fraud, under the laws of Wyoming or any state or of the United States;
7. Cancellation, revocation, suspension or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee;
8. Permanent revocation of the right to practice before any state or federal agency;
9. Repealed by Laws 2005, ch. 1, § 2.
10. Failure of a certificate holder to furnish evidence showing the satisfaction of the requirements of continuing education required by the board;
11. Failure of a certificate or permit holder to show compliance with W.S. 33-3-132 regarding practice monitoring programs;
12. Making any false or misleading statement or verification in support of an application for a license filed by another;
13. Performance of any fraudulent act while holding a license or privilege issued under this act or prior version of this act.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate or permit issued by the board or a practice privilege, the board shall notify the party named in the court order of the withholding, suspension or restriction of the certificate, practice privilege or permit in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate, practice privilege or permit withheld, suspended or restricted under this subsection.
In lieu of or in addition to any disciplinary action specifically provided in subsection (a) of this section, the board may require a certificate, practice privilege or permit holder to complete such continuing professional education programs as the board may specify or undergo peer review or preissuance review as the board may specify.
The board may recover from a disciplined person any of the following:
1. Reasonable costs associated with an investigation that leads to disciplinary action including a reasonable hourly rate for the time devoted by board members, expert witnesses or attorneys investigating or prosecuting the matter and all reasonable related travel costs;
2. Direct costs to the board of conducting a disciplinary hearing that leads to disciplinary action.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.72; 1997, ch. 49, § 2; ch. 128, § 2; 2005, ch. 1, §§ 1, 2; 2009, ch. 99, § 1; 2018 ch. 107, § 2, effective July 1, 2018; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (a) added additional disciplinary actions; repealed former (a)(ix), pertaining to failure of a certificate holder to obtain a permit within three years from the last expiration date; in (a)(xi), inserted “certificate or”; in (b) substituted “certificate or permit” for “license” three times; and added (c).

The 2009 amendment, effective July 1, 2009, inserted “or practice privilege” preceding “or may revoke” in the introductory language of (a); substituted “this act” for “W.S. 33-3-125 through 33-3-127 ” in (a)(iii); substituted “of any rule promulgated” for “of a rule promulgated” in (a)(iv); and in (b) and (c) inserted “or a practice privilege” and “practice privilege”.

The 2018 amendment, effective July 1, 2018, in (a)(v), inserted “that relates to the practice of accounting or to the ability to practice accounting” following “felony.”

The 2019 amendment, effective July 1, 2019, in (a)(ii), added “by a certificate holder or individual granted practice privileges”; added designation (a)(ii)(A); added (a)(ii)(B), (a)(xii) and (a)(xiii), and made related changes; in (c), added “or preissuance review”; and added (d).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Standard of review is whether decision supported by evidence. —

Reviewing court will not separately undertake a factual analysis following the administrative agency determination; the authority to make discretional decisions about standards of CPA auditing practices is invested exclusively in the State Board, and therefore the review standard is a determination of whether the decision can be supported by evidence found in the entire record. Christensen v. Wyoming Bd. of Certified Pub. Accountants, 838 P.2d 723, 1992 Wyo. LEXIS 143 (Wyo. 1992).

Suspension of accountant's certificate to practice was proper, where substantial evidence showed that accountant participated in the audit prior to having approval to do so, and thus he violated a settlement agreement from a prior disciplinary action and engaged in dishonesty in violation of W.S. 33-3-121(a)(ii) when he attempted to legitimize his activity by using other accountants as the signing auditors. While the violation of the settlement agreement, alone, probably did not amount to dishonesty under W.S. 33-3-121(a)(ii), the accountant's attempt to legitimize his activity was dishonest. Dorr v. Wyoming Bd., 2006 WY 144, 146 P.3d 943, 2006 Wyo. LEXIS 154 (2006).

Dishonesty not shown. —

An accountant's failure to inform a client of a restriction placed on his ability to conduct audits by a settlement agreement did not amount to dishonesty in the practice of public accounting since (1) the agreement did not require that he inform a prospective audit client that his license was restricted, and (2) when he was contacted about performing an audit, he immediately filed a request with the board of certified public accountants to conduct the audit and to initiate the pre-issuance review required by the settlement agreement. Dorr v. State Bd., 2001 WY 37, 21 P.3d 735, 2001 Wyo. LEXIS 46 (Wyo. 2001).

Cited in

Danculovich v. Brown, 593 P.2d 187, 1979 Wyo. LEXIS 397 (Wyo. 1979); Wyoming Bd. of CPAs v. Christensen, 800 P.2d 853, 1990 Wyo. LEXIS 134 (Wyo. 1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of independent accountant to investors or shareholders, 35 ALR4th 225.

§ 33-3-122. [Repealed.]

Repealed by Laws 2005, ch. 1, § 2.

Editor's notes. —

This section, which derived from Laws 1975, ch. 179, § 1, provided for disciplinary actions for partnerships or corporations for failure to meet all of the necessary qualifications.

§ 33-3-123. Initiation of disciplinary proceedings; conduct of proceedings.

The board may initiate proceedings under this act on its own motion or on the written complaint of any person. All proceedings before the board shall be conducted under the rules and regulations adopted by the board and in accordance with the provisions of the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.74.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

No exhaustion of remedies for contract appeal. —

A dispute over a settlement agreement between the board and an accountant resolving a disciplinary action against the accountant involved a contract matter and not an administrative disciplinary proceeding; no administrative remedies remained to be exhausted, and the district court had jurisdiction over the contract case. Wyoming Bd. of Certified Pub. Accountants v. Christensen, 800 P.2d 853, 1990 Wyo. LEXIS 134 (Wyo. 1990).

Cited in

Dorr v. State Bd. of CPAs, 2001 WY 37, 21 P.3d 735, 2001 Wyo. LEXIS 46 (Wyo. 2001).

§ 33-3-124. Reinstatement of certificate or permit for good cause shown.

Upon written application and after a hearing attended by the applicant or the applicant’s legal representative and for good cause shown, the board may do any of the following:
1. Issue a new certificate to the applicant whose certificate has been revoked;
2. Reissue or modify the suspension of any certificate;
3. Restore an applicant’s scope of practice, practice privilege or permit which has been revoked or suspended.
If the applicant or the applicant’s legal representative fails to appear at the hearing, the board may proceed to hear evidence against the applicant and may enter an appropriate order, which shall be final.
A certificate, practice privilege or permit suspended or restricted under W.S. 33-3-121(b) may be reissued without the hearing required under this section if the department of family services provides notice that the applicant has complied with the terms of the court order that resulted in the suspension or restriction of the certificate, practice privilege or permit.
The applicant shall bear all costs related to a reinstatement hearing before the board.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.75; 1997, ch. 128, § 2; 2004, ch. 130, § 1; 2005, ch. 1, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2004 amendment substituted “33-3-121(b)” for “33-2-121(b).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendment, effective July 1, 2005, substituted language pertaining to certificates and permits for language pertaining to licenses throughout, and made stylistic changes.

The 2009 amendment, effective July 1, 2009, inserted “, practice privilege” following “certificate” wherever it appears.

The 2019 amendment, effective July 1, 2019, rewrote the section which read as: “Upon written application and after hearing and for good cause shown, the board may issue a new certificate to a certified public accountant whose certificate has been revoked or may reissue or modify the suspension of any certificate, practice privilege or permit which has been revoked or suspended. A certificate, practice privilege or permit suspended or restricted under W.S. 33-3-121(b) may be reissued without the hearing required under this section if the department of family services provides notice that the applicant has complied with the terms of the court order that resulted in the suspension or restriction of the certificate, practice privilege or permit.”

Conflicting legislation. —

§ 33-3-125. Certified public accountant; use of designation; requirements.

Except as permitted by the board under W.S. 33-3-109(f) and (g), no person shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a certified public accountant unless the person has received a certificate as a certified public accountant under the provisions of this act or has a practice privilege under W.S. 33-3-116(a).
No organization shall use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the organization is composed of certified public accountants unless the organization is registered as a certified public accountant firm under the provisions of this act and the certified public accountant firm holds a permit or is exempt from registration under W.S. 33-3-118(b)(xiv) or (xv).
and (d) Repealed by Laws 2019, ch. 2, § 2.
Notwithstanding any other provision of law, it shall not be a violation of this act for a firm which does not hold a valid permit under W.S. 33-3-118 and which does not have an office in this state to provide its professional services and practice public accounting in this state if it complies with the requirements of W.S. 33-3-118 (b)(xiv) or (xv).

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.76; Laws 2005, ch. 1, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 2, effective July 1, 2019.

Cross references. —

As to order enjoining acts or practices in violation of this section, see § 33-3-129 .

The 2005 amendment, effective July 1, 2005, substituted “organization” and “certified public accountant firm” for “partnership or corporation” or similar language throughout (b); added (c) and (d); updated an internal reference; and made stylistic changes.

The 2009 amendment, effective July 1, 2009, added “or has a practice privilege under W.S. 33-3-116(a)” in (a); added “or is exempt from registration under W.S. 33-3-118(b)(xiv) or (xv)” in (b); inserted “or practice privilege” following “certificate” in (c) and (d); and added (e).

The 2019 amendment, effective July 1, 2019, repealed former (c) which read: "A person who does not hold a certificate or practice privilege under this act and who completes a review shall only use the following safe harbor language or other nonstatements on standards for accounting and review services language, “I (We) have reviewed the accompanying (financial statement) of the (name of entity) as of (time period) for the (period) then ended. These financial statements (information) are (is) the responsibility of the company's management. I (We) have not audited the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them."; and repealed former (d) which read: "A person who does not hold a certificate or practice privilege under this act and completes a compilation service shall only use the following safe harbor language or other nonstatements on standards for accounting and review services language, “I (We) have compiled the accompanying (financial statement) of (name entity) as of (time period) for the (period) then ended. This compilation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of statute or regulation restricting use of terms such as “accountant,” “public accountant,” or “certified public accountant,” 4 ALR4th 1201.

§ 33-3-126. Use of misleading terms or abbreviations prohibited.

No person or organization shall use the title or designation “certified accountant”, “chartered accountant”, “enrolled accountant”, “registered accountant”, “accredited accountant” or any other title or designation likely to be confused with “certified public accountant” or any of the abbreviations “CA”, “RA”, or “AA”, or similar abbreviations likely to be confused with “CPA”. This section shall not prohibit the use of the term “public accountant” or the initials “PA”.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.77; Laws 2005, ch. 1, § 1.

Cross references. —

As to order enjoining acts or practices in violation of this section, see § 33-3-129 .

The 2005 amendment, effective July 1, 2005, substituted “organization” for “partnership or corporation” and deleted “EA” from the list of abbreviations.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of statute or regulation restricting use of terms such as “accountant,” “public accountant,” or “certified public accountant,” 4 ALR4th 1201.

§ 33-3-127. Certified public accountant firm; wording used; requirements.

No person shall assume or use the title or designation “certified public accountant” in conjunction with names indicating or implying that there is an organization, or in conjunction with the designation “and Company” or “and Co.” or a similar designation if there is in fact no bona fide organization registered under the provisions of this act or under the provisions of a similar state act.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.78; Laws 2005, ch. 1, § 1; 2009, ch. 99, § 1.

Cross references. —

As to order enjoining acts or practices in violation of this section, see § 33-3-129 .

The 2005 amendment, effective July 1, 2005, twice substituted “organization” for “partnership or corporation.”

The 2009 amendment, effective July 1, 2009, added “or under the provisions of a similar state act” following “provisions of this act”.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-1-102(a)(xv).

§ 33-3-128. [Repealed.]

Repealed by Laws 2005, ch. 1, § 2.

Editor's notes. —

This section, which derived from Laws 1975, ch. 179, § 1, allowed for the use of the designation “certified public accountant” or “CPA” under specified circumstances.

§ 33-3-129. Unlawful act or practice; injunction or other order.

Whenever any person has engaged in any acts or practices which constitute or will constitute a violation of any provision of W.S. 33-3-125 through 33-3-127 , the board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the board that the person has engaged in any illegal acts or practices, an injunction, restraining order or other appropriate order shall be granted by such court without bond.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.80.

Cited in

Wyoming Bd. of CPAs v. Christensen, 800 P.2d 853, 1990 Wyo. LEXIS 134 (Wyo. 1990).

§ 33-3-130. Violation; penalty.

Any person who violates any provision of W.S. 33-3-125 through 33-3-127 is guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars ($1,000.00) or be imprisoned not more than twelve (12) months, or both.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.81; Laws 2005, ch. 1, § 1.

The 2005 amendment, effective July 1, 2005, substituted “one thousand dollars ($1,000.00)” for “one hundred dollars ($100.00),” deleted “in the county jail,” and substituted “twelve (12) months” for “six (6) months.”

§ 33-3-131. Unlawful use of terms; advertising; prima facie evidence of violation.

The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device bearing a person’s name in conjunction with the words “certified public accountant” or the abbreviation “CPA” is prima facie evidence in any action brought under W.S. 33-3-129 or 33-3-130 that the person whose name is so displayed caused or procured the display or uttered the card, sign, advertisement or other printed, engraved or written instrument or device and that the person is holding himself out to be a certified public accountant. In any action, evidence of the commission of a single act prohibited by this act is sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

History. Laws 1975, ch. 179, § 1; W.S. 1957, § 33-23.82.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-3-102(a)(xv).

Purpose. —

Section 2, ch. 179, Laws 1975, reads: “The purpose of this act is to upgrade the professional standards of certified public accountants and to provide the board with the means of enforcement. The provisions of this act apply only to certified public accountants.”

Severability. —

Section 3, ch. 179, Laws 1975, reads: “If any provision of this act is held invalid, such invalidity shall not affect other provisions of this act which can be given effect without the invalid provisions; and to that end, the provisions of this act are severable.”

§ 33-3-132. Practice monitoring program.

As used in this article:
1. “Peer review” means a study, appraisal or review of one (1) or more aspects of the professional work of a person or firm in the practice of certified public accountancy by a person who holds certificates and who is not affiliated with the person or firm being reviewed;
2. “Practice monitoring program” means a program consisting of peer reviews which are conducted in conformity with standards promulgated by the peer review committees of the American Institute of Certified Public Accountants or successor organization;
3. “Reviewer” means a certified public accountant active in public practice and fulfilling requirements for peer reviewers as established by the American Institute of Certified Public Accountants or successor organization.
The board may require, on a uniform basis, that certificate and permit holders undergo practice monitoring conducted in a manner the board may specify by rule and regulation.
Except in any action before the board to enforce its rules and regulations regarding the practice monitoring program, any report, statement, memorandum, transcript, finding, record or working paper prepared and any opinion formulated in connection with any practice monitoring program, which is in the possession of the board or the reviewer, shall be considered privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for release to any person or entity or be admissible as evidence in any judicial or administrative proceeding.

History. Laws 1997, ch. 49, § 1; 2005, ch. 1, § 1; 2009, ch. 99, § 1; 2019 ch. 2, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (a)(iii), deleted “licensed” preceding “certified public accountant”; in (b), inserted “certificate and” preceding “permit”; and made stylistic changes.

The 2009 amendment, effective July 1, 2009, inserted “certified” preceding “public accountancy” in (a)(i).

The 2019 amendment, effective July 1, 2019, at the end of (a)(ii) added "or successor organization;" and (a)(iii) added "or successor organization."

Article 2. Accountant Liability

§ 33-3-201. Accountants; liability; definitions.

As used in this article, “accountant” means:
1. Any individual holding a certificate as a certified public accountant under W.S. 33-3-109 ;
2. Any individual holding a practice privilege under W.S. 33-3-116 ;
3. Any certified public accountant firm registered with the state board of certified public accountants under W.S. 33-3-118 ;
4. Any firm that is exempt from registration pursuant to W.S. 33-3-118 (b)(xiv) or (xv); or
5. Any employee, agent, partner, manager, member, officer or shareholder of any partnership, corporation or any other allowable form of organization registered with the state board of certified public accountants.
This section governs any action based on an act, error or omission occurring on or after July 1, 1995 brought against any accountant or firm of accountants practicing in this state by any person claiming to have been injured as a result of financial statements or other information examined, compiled, reviewed, certified, audited or in the course of an engagement to provide other public accountancy services.
No action may be brought under this section unless:
1. The plaintiff:
  1. Is the issuer, or his successor, of the financial statements or other information examined, compiled, reviewed, certified, audited or otherwise reported or opined on by the defendant; and
  2. Engaged the defendant accountant to examine, compile, review, certify, audit or otherwise report or render an opinion on such financial statements or to provide other public accountancy services; or
2. The defendant accountant or firm:
  1. Was aware at the time the engagement was undertaken with the accountant’s client that the financial statements or other information were to be made available for use in connection with a specified transaction by the plaintiff and the transaction was specifically identified to the defendant; and
  2. Was aware that the plaintiff intended to rely upon such financial statements or other information in connection with the specified transaction.
In order to be entitled to the limitation on liability contained in this article, an accountant shall:
1. Identify the purpose of the document and the persons or entities that are entitled to receive and rely upon the financial statement or other information examined, compiled, reviewed, certified, audited or otherwise reported or opined on by the accountant in the document prepared by the accountant; and
2. Include thereon a statement in a prominent place that advises users of the document that the liability of the accountant to third parties who use the document may be limited pursuant to this article.

History. Laws 1995, ch. 155, § 1; 2005, ch. 1, § 1; 2009, ch. 99, § 1.

The 2005 amendment, effective July 1, 2005, in (a), substituted “W.S. 33-3-109 or 33-3-116 ” for “W.S. 33-3-120 ” and “certified public accountant firm” for “partnership, corporation or any other allowable form of practice.”

The 2009 amendment, effective July 1, 2009, rewrote (a) as (a)(i) through (a)(v).

Applicability. —

Laws 1995, ch. 155, § 2, provides: “This act shall apply only to acts, omissions, decisions or other conduct in connection with professional accountancy services occurring or rendered on or after the effective date of this act.”

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of independent accountant to investors or shareholders, 48 ALR5th 389.

Chapter 4 Architects

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to engineers, see chapter 29 of this title.

Am. Jur. 2d, ALR and C.J.S. references. —

5 Am. Jur. 2d Architects § 1 et seq.

Validity of statute or rule making specified conduct or condition the ground for cancellation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

Practice of architecture by corporation as affected by license regulation, 56 ALR2d 726.

What amounts to architectural or engineering services within license requirements, 82 ALR2d 1013.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Right of architect or engineer licensed in one state to recover compensation for services rendered in another state, or in connection with construction in another state, where he was not licensed in the latter state, 32 ALR3d 1151.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

Revocation or suspension of license to practice architecture, 58 ALR3d 543.

Right of architect to compensation under contractual provision that fee is to be paid from construction loan funds, 92 ALR3d 509.

Architectural drawings or illustrations as exempt from sales or use tax, 27 ALR5th 794.

Architect's services as within mechanics' lien statute, 31 ALR5th 664.

6 C.J.S. Architects § 1 et seq.

§ 33-4-101. Definitions.

As used in this act:
1. “Building” means a structure, including all the components which a structure comprises, including structural, mechanical and electrical systems, intended for use as shelter for man and his possessions;
2. “Practice of architecture” means rendering or offering to render service to clients generally, including any one or any combination of the following practices or professional services; advice, consultation, planning, architectural design, drawings and specifications; general administration of the contract as the owner’s representative during the construction phase, wherein expert knowledge and skill are required in connection with the erection, enlargement or alteration of any building or buildings, or the equipment, or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health or property is concerned or involved;
3. “Architect” means anyone licensed to practice architecture under this act;
4. “Practice of landscape architecture” means rendering or offering to render service to clients generally, including any one or any combination of the following practices or professional services; advice, consultation, planning, landscape architectural design, drawings and specifications; general administration of the contract as the owner’s representative during the construction phase, wherein expert knowledge and skill are required in connection with landscape enhancement or landscape development, including the formulation of graphic or written criteria to govern the planning or design of land construction projects, production of overall site plans, landscape grading and landscape drainage plans, planting plans, irrigation plans, and construction details wherein in the safeguarding of life, health or property is concerned;
5. “Landscape architect” means anyone licensed to practice landscape architecture under this act;
6. “Board” means the Wyoming state board of architects and landscape architects;
7. “This act” means W.S. 33-4-101 through 33-4-117 .

History. Laws 1951, ch. 97, § 1; W.S. 1957, § 33-24; Laws 1971, ch. 139, §§ 1, 2; 1991, ch. 260, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-4-102. Board of architects and landscape architects; created; composition; qualifications of members.

There is hereby created and established a board to be known as the Wyoming state board of architects and landscape architects, which shall be composed of three (3) practicing architects, one (1) practicing landscape architect and one (1) member of the public of integrity and ability, who shall be residents of the state of Wyoming. The architects and landscape architect shall have practiced architecture or landscape architecture continuously in the state of Wyoming for a period of at least five (5) years prior to their appointment.

History. Laws 1951, ch. 97, § 2; W.S. 1957, § 33-25; Laws 1991, ch. 260, § 2.

§ 33-4-103. Board of architects and landscape architects; appointment and term of members; vacancies; removal.

The governor shall appoint the members of the board of architects and landscape architects as provided in W.S. 33-4-102 . Each member shall serve a term of three (3) years or until his successor has been appointed. The governor shall fill all vacancies occurring in the board. The governor may remove any board member as provided in W.S. 9-1-202 .

History. Laws 1951, ch. 97, § 3; W.S. 1957, § 33-26; Laws 1987, ch. 175, § 1; 1991, ch. 260, § 2.

§ 33-4-104. Board of architects and landscape architects; meetings and officers; powers and duties.

The board shall elect a president, vice-president, and secretary-treasurer. The board shall hold regular meetings at least once each year, with the date and place to be set by the board. The board may meet as designated by a majority of the board. A majority of the board shall constitute a quorum. The board shall have authority to administer oaths, take affidavits, summon witnesses and take testimony as to matters coming within the scope of its duties. The board shall have the authority to enter into interstate or intrastate agreements and associations with other boards of licensure for the purpose of establishing reciprocity, developing examinations, evaluating applicants or other activities to enhance the services of the board to the state, the licensee and the public. The board shall adopt a seal to be affixed to all licenses issued and shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act. The board shall establish minimum educational requirements which shall be without prejudice, partiality or discrimination. The board may appoint or contract an executive secretary and other individuals deemed necessary to administer the affairs of the board and shall furnish necessary support and clerical services. Costs related to these services shall be paid from the account as provided in W.S. 33-4-109 . The secretary of the board shall keep a record of the proceedings of the board, which shall at all times be open to public inspection.
All meetings of the board shall be conducted in accordance with W.S. 16-4-403 , except that the board may hold executive sessions as provided by W.S. 16-4-405 .

History. Laws 1951, ch. 97, § 4; W.S. 1957, § 33-27; Laws 1991, ch. 260, § 2; 2005, ch. 231, § 1.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

The 2005 amendment, effective July 1, 2005, in (a), substituted “account” for “earmarked revenue fund” in the next to last sentence.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting legislation. —

§ 33-4-105. Application for examination; qualifications.

Any person wishing to practice architecture or landscape architecture in this state who is not a licensed architect or landscape architect shall make application for examination as prescribed by the board.
Each applicant shall:
1. Be an adult;
2. Have a good reputation for honesty, trustworthiness, integrity and competence in the practice of architecture or landscape architecture;
3. Hold a professional degree in architecture or landscape architecture from an accredited school of architecture or landscape architecture with practical experience, as the board deems appropriate.
Repealed by Laws 2011, ch. 129, § 202.
Any person currently practicing landscape architecture in this state who holds a degree from an accredited school of landscape architecture and has at least five (5) years experience as a landscape architect prior to July 1, 1991 shall be exempt from taking the examination and shall be awarded a license to practice landscape architecture after meeting the other requirements of this act.
The board shall provide by rules and regulations requirements for practical experience.

History. Laws 1951, ch. 97, § 5; W.S. 1957, § 33-28; Laws 1971, ch. 139, § 3; 1973, ch. 213, § 2; 1991, ch. 260, § 2; 2011, ch. 129, § 202.

The 2011 amendment, effective July 1, 2011, repealed former (c), which read: “Until July 1, 1992 the board may license a person without a professional degree from an accredited school of architecture or landscape architecture, who has successfully completed the examination and who has the practical experience required by the board.”

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (d), see § 33-4-101(a)(vii).

§ 33-4-106. Issuance of license; reexamination.

If the applicant is qualified, the board shall issue his license to practice architecture or landscape architecture. Any applicant who fails to pass an examination may be reexamined in the subjects which he failed at the next regularly scheduled examination date, upon the payment of an additional examination fee.

History. Laws 1951, ch. 97, § 6; W.S. 1957, § 33-29; Laws 1971, ch. 139, § 4; 1991, ch. 260, § 2.

§ 33-4-107. License fee and renewal fee set by board; notice of expiration; failure to renew.

Persons practicing architecture or landscape architecture within this state shall pay initial and renewal license fees as set by the board pursuant to W.S. 33-1-201 . Initial licenses shall expire on the thirty-first day of December of the year following the date of issuance. A renewal license shall be issued by the board upon application and payment of the renewal fee, and shall be for a two (2) year period. Application for renewal shall be accompanied by evidence satisfactory to the board of compliance with this act and participation in continuing education activities as established by rules and regulations of the board, provided that requirements for renewal shall be no more stringent than the requirements recommended by the national council of architectural registration boards or the council of landscape architectural registration boards. The board may waive the continuing education requirement for the first renewal of a license. The secretary of the board shall notify each registrant by mail at his last known address at least two (2) months prior to the date of the expiration of his license. Failure of a licensee to secure renewal of his license prior to the date of its expiration shall forfeit his license to practice architecture within the state, provided, however, that the secretary of the board shall again notify the registrant by certified mail at his last known address at least two (2) weeks before the expiration date. Any licensee on active duty in the armed forces of the United States, or who shall establish his residence elsewhere, upon returning to the state may apply for a renewal if the license was not revoked for any cause.

History. Laws 1951, ch. 97, § 7; 1957, ch. 252, § 1; W.S. 1957, § 33-30; Laws 1971, ch. 139, § 5; 1991, ch. 260, § 2; 1992, ch. 56, § 2; 1997, ch. 39, § 1; 1998, ch. 34, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-4-101(a)(vii).

§ 33-4-108. Licensing decisions of board.

Except as provided in W.S. 33-4-115(c), all decisions of the board involving the granting, denial, renewal, revocation, suspension or withdrawal of a license shall be conducted pursuant to the provisions of the Wyoming Administrative Procedure Act.

History. Laws 1951, ch. 97, § 9; W.S. 1957, § 33-31; Laws 1971, ch. 139, § 6; 1991, ch. 260, § 2; 1997, ch. 128, § 2.

Cross references. —

As to judicial review of administrative action, see Rule 12 W.R.A.P.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Quoted in

Butts v. Wyoming State Bd. of Architects, 911 P.2d 1062, 1996 Wyo. LEXIS 28 (Wyo. 1996).

§ 33-4-109. Disposition of money collected; compensation for members of board.

All money shall be received and deposited to a separate account and payments made according to regulations established by the department of administration and information. The members of the board shall receive per diem and mileage allowance as provided in W.S. 33-1-302(a)(vii), for each official board meeting. The total expense for every purpose incurred by the board shall not exceed the total of revenue collected.

History. Laws 1951, ch. 97, § 10; 1957, ch. 252, § 2; W.S. 1957, § 33-32; Laws 1971, ch. 139, § 7; 1973, ch. 179, § 1; ch. 215, § 1; ch. 245, § 3; 1991, ch. 260, § 2; 1999, ch. 69, § 2; 2005, ch. 231, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “the earmarked revenue fund” in the first sentence.

The 2014 amendment, effective July 1, 2014, substituted “W.S. 33-1-302(a)(vii)” for “W.S. 9-3-102 ” in the second sentence.

Conflicting legislation. —

§ 33-4-110. Interstate reciprocity.

Persons licensed to practice architecture or landscape architecture under the laws of any other state having requirements substantially equal to those provided for in this act may, in the discretion of the board, be issued a license to practice in this state without examination upon payment of the license fees as herein provided.

History. Laws 1951, ch. 97, § 11; W.S. 1957, § 33-33; Laws 1991, ch. 260, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-4-101(a)(vii).

§ 33-4-111. Persons not required to comply with provisions.

All officers and employees of the United States government while engaged in governmental work in this state shall not be required to comply with the provisions of this act. Landscape architecture as applied in this act shall not restrict the practice of architecture, or engineering; nor shall it restrict the customary services normally rendered by landscape nurseries and landscape contractors.

History. Laws 1951, ch. 97, § 12; W.S. 1957, § 33-34; Laws 1991, ch. 260, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in both sentences, see § 33-4-101(a)(vii).

§ 33-4-112. Persons required to qualify or register as “architect”; exceptions.

All persons shall register as an architect in order to make architectural plans and specifications for buildings except those buildings which are specifically exempted in W.S. 33-4-117 .

History. Laws 1951, ch. 97, § 13; W.S. 1957, § 33-35; Laws 1971, ch. 139, § 8; 1991, ch. 260, § 2.

§ 33-4-113. Use of title “architect” or “landscape architect”.

No person shall use the title “architect” or any title, sign, card or device to indicate that the person is practicing architecture or is an architect unless the person is licensed as an architect under the provisions of this act. No person shall use the title “landscape architect” or any title, sign, or card to indicate such person is practicing landscape architecture, unless the person is licensed as a landscape architect under the provisions of this act. Nothing in this act shall be construed to permit a person licensed as a landscape architect to use the title “architect” or to practice architecture.

History. Laws 1951, ch. 97, § 14; W.S. 1957, § 33-36; Laws 1991, ch. 260, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 33-4-101(a)(vii).

§ 33-4-114. Prohibited acts; penalty for violations.

It is a misdemeanor for any person to:
1. Sell, fraudulently obtain or furnish any license or renewal license to practice architecture or landscape architecture; or
2. Without being licensed under this act:
  1. Advertise, represent or in any manner hold himself out as an architect or landscape architect;
  2. Engage in the practice of architecture or landscape architecture;
  3. Use in connection with his business or name, or otherwise assume, use or advertise any title or description, or engage in any other conduct which reasonably might be expected to mislead another to believe the person is an architect or landscape architect; or
  4. Without being an officer of the corporation, to engage in the practice of architecture or landscape architecture as a corporation.
A person convicted under subsection (a) of this section shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) or by imprisonment for not more than six (6) months, or both.
The board may, through the attorney general, seek to enjoin any person from committing any act in violation of this section. The board shall not be required to prove irreparable injury to enjoin any violation of this section.

History. Laws 1951, ch. 97, § 15; W.S. 1957, § 33-37; Laws 1991, ch. 260, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a)(ii), see § 33-4-101(a)(vii).

§ 33-4-115. Grounds for refusal, suspension or revocation of license; notice; hearing; counsel at hearing.

The board may take disciplinary actions, singularly or in combination, against a licensee upon a finding of:
1. Fraud, deceit or material misstatement of fact in applying for a license or in passage of the examination provided for in this act;
2. Untrustworthiness, incompetency or misconduct in the practice of architecture as evidenced by conduct which endangers life, health, property or the public welfare;
3. Mental incompetency;
4. Fraud or deceit in the practice of architecture or landscape architecture;
5. Affixing, or permitting to be affixed, a seal upon a document which the architect or landscape architect was not responsible for preparing;
6. Violating this act or a rule or regulation of the board promulgated pursuant to this act;
7. Suspension or revocation of licensure by another state; or
8. Conviction under W.S. 33-4-114 , or conviction in another state of any crime which would constitute a violation of W.S. 33-4-114 had the actions been taken in this state. A copy of the judgment of conviction certified by the rendering court shall be presumptive evidence of the conviction in any hearing under this section. For purposes of this paragraph “conviction” includes a plea of nolo contendere or its equivalent.
Except as provided in subsection (c) of this section, before refusing to issue a license, suspending or revoking a license for any reason set forth in this section the board shall notify the person as required in the Wyoming Administrative Procedure Act. If the applicant or licensee requests a hearing before the board, the board shall hold a hearing in accordance with the Wyoming Administrative Procedure Act.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1951, ch. 97, § 8; W.S. 1957, § 33-38; Laws 1971, ch. 139, § 9; 1991, ch. 260, § 2; 1997, ch. 128, § 2.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a)(i) and twice in subsection (a)(vi), see § 33-4-101(a)(vii).

Severability. —

Section 16, ch. 97, Laws 1951, reads: “Should any provision or section of this act be held to be invalid for any reason, such holding shall not be construed as affecting the validity of any remaining portion of such section of the act, it being the legislative intent that this act shall stand, notwithstanding the invalidity of any provision or section.”

Repealing clauses. —

Section 17, ch. 97, Laws 1951, repealed all acts or parts of acts inconsistent with that act.

Reciprocal suspension does not violate due process. —

Due process rights are not violated when the board considers a sister state's revocation or suspension of an architect's license so long as the board meets the requirements of notice and a hearing. Butts v. Wyoming State Bd. of Architects, 911 P.2d 1062, 1996 Wyo. LEXIS 28 (Wyo. 1996).

Reciprocal suspension upheld. —

Subsection (a)(vii) providing for reciprocal suspension or revocation of an architect license is not ambiguous; the terms are not vague or subject to different interpretations. Also, nothing in the statute requires the board to prove the underlying basis for the other state's action against the architect. Butts v. Wyoming State Bd. of Architects, 911 P.2d 1062, 1996 Wyo. LEXIS 28 (Wyo. 1996).

Disciplinary action presumed correct. —

The legislature has vested the board with the responsibility of taking disciplinary action against those who violate this section, and, absent a showing that the board's actions violated § 16-3-114 , a reviewing court will defer to the findings and expertise of the board in determining appropriate disciplinary action. The actions of the board are presumed to be correct. Butts v. Wyoming State Bd. of Architects, 911 P.2d 1062, 1996 Wyo. LEXIS 28 (Wyo. 1996).

Cited in

Danculovich v. Brown, 593 P.2d 187, 1979 Wyo. LEXIS 397 (Wyo. 1979).

§ 33-4-116. Documents, plans and designs; seal required.

An architect or landscape architect shall affix his seal to all documents, plans or designs he provides.

History. Laws 1991, ch. 260, § 1.

§ 33-4-117. Exemptions.

Nothing in this act prohibits any person from preparing plans and specifications, designing, planning or administering the construction contracts for the construction, alteration, remodeling or repair of any of the following:
1. Private residences;
2. Garages, commercial or industrial buildings, office buildings, preengineered metal buildings and buildings for the marketing, storage or processing of farm products and warehouses, which do not exceed two (2) stories in height, exclusive of a one (1) story basement, and which under applicable building code or codes, are not designed for occupancy by more than ten (10) persons;
3. Farm buildings;
4. Nonstructural alterations of any nature to any building if the alterations do not affect the safety of the occupants of the building.
Nothing in this act shall be construed:
1. As curtailing or extending the rights of any other legally recognized profession;
2. As prohibiting the practice of architecture by any legally qualified architect of this state or another state who is employed by the United States government while in the discharge of his official duties;
3. To prevent the independent employment of a registered professional engineer for any professional service related solely to civil, structural, mechanical or electrical engineering in connection with any building or building project.
This act in no way supersedes, overrides or amends the provisions of chapter 29 of this title regarding registration of professional engineers and professional land surveyors.

History. Laws 1991, ch. 260, § 1; 2006, ch. 114, § 1.

The 2006 amendment, inserted “ten” in (a)(ii).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsections (a) and (b) and in subsection (c), see § 33-4-101(a)(vii).

Conflicting Legislation. —

Chapter 5 Attorneys-At-Law

Cross references. —

As to collection agencies furnishing or advertising legal services, see § 33-11-114 .

For provision prohibiting persons from engaging in the business of debt adjusting but exempting those situations involving debt adjusting in connection with the practice of law, see § 33-14-102 .

As to exemption of attorneys from provisions relative to real estate brokers and salesmen, see § 33-28-103 .

As to constitutional right of accused to counsel, see art. 1, § 10, Wyo. Const.

For constitutional provision that no judge of the supreme or district courts shall act as attorney or counsellor at law, see art. 5, § 25, Wyo. Const.

As to licensing provisions generally, see chapter 1 of this title.

As to provisions relating to city attorneys generally, see 15-4-202 .

As to county attorneys generally, see §§ 18-3-102 , 18-3-301 through 18-3-304 .

As to courts generally, see title 5.

As to power of attorney of members of armed forces, see § 19-11-203 .

As to lien of attorneys on assets of clients, see § 29-1-102 .

Editor's notes. —

Sections 33-54 and 33-56 to 33-60, W.S. 1957, have been omitted from this compilation as implicitly superseded by the Disciplinary Code, Wyoming State Bar, adopted by the supreme court in 1973.

Law reviews. —

For article, “Attorney's Liability to Third Persons for Negligent Malpractice,” see II Land & Water L. Rev. 379 (1967).

Am. Jur. 2d, ALR and C.J.S. references. —

7 Am. Jur. 2d Attorneys at Law § 1 et seq.

Validity of municipal license, privilege or occupation tax on attorneys, 16 ALR2d 1228.

Representation of interest adverse to that of former client, 52 ALR2d 1243.

Reinstatement of attorney after disbarment, suspension, or resignation, 70 ALR2d 268.

Propriety and permissibility of judge engaging in practice of law, 89 ALR2d 886.

Compelling admission to membership in bar association, 89 ALR2d 964.

Maintenance of lawyer reference system by organization having no legal interest in proceedings, 11 ALR3d 1206.

Pardon as restoring public office or license or eligibility therefor, 58 ALR3d 1191.

Nature of legal services or law-related services which may be performed for others by disbarred or suspended attorney, 87 ALR3d 279.

Modern status of law regarding solicitation of business by or for attorney, 5 ALR4th 866.

Validity and enforceability of referral fee agreement between attorneys, 28 ALR4th 665.

Attorney's submission of dispute to arbitration, or amendment of arbitration agreement, without client's knowledge or consent, 48 ALR4th 127.

What constitutes negligence sufficient to render attorney liable to person other than immediate client, 61 ALR4th 464.

Attorney's liability, to one other than immediate client, for negligence in connection with legal duties, 61 ALR4th 615.

Attorney's misrepresentation to court of his state of health or other personal matter in seeking trial delay as ground for disciplinary action, 61 ALR4th 1216.

Attorney's personal liability for expenses incurred in relation to services for client, 66 ALR4th 256.

Negligence, inattention or professional incompetence of attorney in handling client's affairs in tax matters as ground for disciplinary action—modern cases, 66 ALR4th 314.

Negligence, inattention or professional incompetence of attorney in handling client's affairs in estate or probate matters as ground for disciplinary action—modern cases, 66 ALR4th 342.

Legal malpractice in handling or defending medical malpractice claim, 78 ALR4th 725.

Legal malpractice in defense of criminal prosecution, 4 ALR5th 273.

Disciplinary action against attorney taking loan from client, 9 ALR5th 193.

Recovery of attorneys' fees and costs of litigation incurred as result of breach of agreement not to sue, 9 ALR5th 933.

Legal malpractice: Negligence or fault of client as defense, 10 ALR5th 828.

Attorney malpractice in connection with services related to adoption of child, 18 ALR5th 892.

Legal malpractice in defense of parents at proceedings to terminate parental rights over dependent or neglected children, 18 ALR5th 902.

Excessiveness or inadequacy of attorney's fees in matters involving commercial and general business activities, 23 ALR5th 241.

Validity and construction of agreement between attorney and client to arbitrate disputes arising between them, 26 ALR5th 107.

§ 33-5-101. State board of law examiners; appointment.

The state board of law examiners shall be appointed by the supreme court and shall hold office pursuant to rules promulgated by the supreme court.

History. Laws 1899, ch. 28, § 2; R.S. 1899, § 3305; C.S. 1910, § 957; Laws 1911, ch. 47, § 1; C.S. 1920, § 1183; Laws 1931, ch. 73, § 12; R.S. 1931, § 9-101; C.S. 1945, § 2-101; W.S. 1957, § 33-39; 2018 ch. 92, § 1, effective July 1, 2018.

Eleventh amendment immunity. —

The board of bar examiners is an entity of the state and is entitled to immunity under U.S. Const., Amend. 11, from an action in federal court filed pursuant to 42 USCS §§ 1981 and 1983. Ware v. Wyoming Bd. of Law Examiners, 973 F. Supp. 1339, 1997 U.S. Dist. LEXIS 12155 (D. Wyo. 1997), aff'd, 161 F.3d 19, 1998 U.S. App. LEXIS 33398 (10th Cir. Wyo. 1998).

The 2018 amendment, effective July 1, 2018, rewrote the section, which formerly read: “The state board of law examiners shall consist of five (5) members of the bar of at least five (5) years standing, who shall be appointed by the supreme court, and shall hold office for the term of three (3) years; provided, that not more than one (1) member shall be appointed from the same judicial district. In case a vacancy shall occur by death, resignation or otherwise, the same shall be filled by appointment by the court for the remainder of the term of the member whose place has become vacant. Removal of a member from the district in which he resided when appointed shall be construed as creating a vacancy.”

§ 33-5-102. State board of law examiners; date, rules and quorum for meetings; election of officers; supreme court to prescribe rules.

The state board of law examiners shall hold at least two (2) regular meetings each year for the examination of applicants, at times and places as prescribed by rules of the supreme court. Special meetings may be held as determined by the board from time to time. At all meetings, a majority of the board constitutes a quorum. The board shall select a chairman from its membership. The supreme court shall prescribe rules not inconsistent with this act to carry out the purposes of this act for admission to the bar of this state.

History. Laws 1899, ch. 28, § 4; R.S. 1899, § 3309; C.S. 1910, § 961; C.S. 1920, § 1187; R.S. 1931, § 9-105; C.S. 1945, § 2-105; W.S. 1957, § 33-40; Laws 1980, ch. 16, § 1; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, deleted “and secretary” following “select a chairman” in the fourth sentence, deleted the fifth sentence which read: “All examinations shall be in writing upon questions prepared or approved by the board,” and deleted “and secure a system of uniform examination” following “purposes of this act” near the end of the last sentence.

Law reviews. —

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

§ 33-5-103. State board of law examiners; compensation.

The members of the state board of law examiners shall be compensated and reimbursed for expenses incurred in the performance of their duties as determined by the supreme court.

History. Laws 1899, ch. 28, § 7; R.S. 1899, § 3311; C.S. 1910, § 963; Laws 1911, ch. 47, § 3; C.S. 1920, § 1189; Laws 1921, ch. 37, § 1; R.S. 1931, § 9-107; C.S. 1945, § 2-107; W.S. 1957, § 33-41; Laws 1973, ch. 179, § 1; ch. 245, § 3; 2014 ch. 69, § 2, effective July 1, 2014; 2016 ch. 75, § 1, effective July 1, 2016.

The 2014 amendment, effective July 1, 2014, substituted “mileage as provided in W.S. 33-1-302(a)(vii)” for “mileage allowance as allowed to state employees for attending the meetings and performing the duties incumbent upon them as members of the board” in the first sentence.

The 2016 amendment , effective July 1, 2016, substituted “be compensated and reimbursed for expenses incurred in the performance of their duties as determined by the supreme court” for “receive as compensation ten dollars ($10.00) for each day necessarily employed in attending the meetings of the board, and shall also receive per diem and mileage as provided in W.S. 33-1-302(a)(vii). The expenses of the board and its members in the performance of their duties and the compensation of its members shall be paid out of the state treasury upon an itemized voucher duly verified and accompanied by a certificate signed by a majority of the members of the board showing that the expense has been actually and properly incurred in the performance of the duties devolving upon the board, or that the compensation has been duly earned, as the case may be. Upon the presentation of the voucher and certificate, the auditor shall draw his warrant upon the treasurer for the amount thereof in favor of the proper person. However, the aggregate expenditures and salaries of the state board of law examiners shall not exceed the amount of revenue collected by the board.”

§ 33-5-104. Applications for admission to bar; generally.

All applications for admission to the bar of this state shall be made by petition to the supreme court. The same shall be referred to the state board of law examiners, who shall examine the applicant vouching his qualification for admission to the bar. The said board shall report its proceedings in the examination of applicants to the supreme court with their recommendation in the premises. If the court shall then find the applicant to be qualified to discharge the duties of an attorney and to be of good moral character, and worthy to be admitted, an order shall be entered admitting him to practice in all the courts of this state.

History. Laws 1899, ch. 28, § 3; R.S. 1899, § 3306; C.S. 1910, § 958; C.S. 1920, § 1184; R.S. 1931, § 9-102; C.S. 1945, § 2-102; W.S. 1957, § 33-42.

Drafting wills as practice of law. —

Preparation and drafting wills for other persons as a business and giving legal advice regarding same is to be regarded as practice of law. State ex rel. Wyoming State Bar v. Hardy, 61 Wyo. 172, 156 P.2d 309, 1945 Wyo. LEXIS 8 (Wyo. 1945).

And unauthorized practice. —

Evidence was substantial to support findings that law clerk engaged in unauthorized practice of law by drafting of wills and answering questions which would require services of trained lawyer in answering accurately. State ex rel. Wyoming State Bar v. Hardy, 61 Wyo. 172, 156 P.2d 309, 1945 Wyo. LEXIS 8 (Wyo. 1945).

Even though done under lawyer's direction. —

Layman who obtained necessary data from parties who desired wills and other legal instruments drafted, and submitted information to lawyer and under latter's direction, using forms approved by him, prepared final drafts of such instruments, engaged in unauthorized practice of law. State ex rel. Wyoming State Bar v. Hardy, 61 Wyo. 172, 156 P.2d 309, 1945 Wyo. LEXIS 8 (Wyo. 1945).

Cited in

Meyer v. Norman, 780 P.2d 283, 1989 Wyo. LEXIS 192 (Wyo. 1989); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Stinson, 2014 WY 134, 2014 Wyo. LEXIS 157 (Oct. 29, 2014); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014).

Stated in

Bd. of Prof'l Responsibility v. Richard, 2014 WY 98, 2014 Wyo. LEXIS 114 , 2014 WL 3778285 (Aug 1, 2014).

Law reviews. —

“Legal Advice by Accountants,” 3 Wyo. L.J. 166.

“Communism Versus State Bar Admission,” 12 Wyo. L.J. 39 (1957).

Am. Jur. 2d, ALR and C.J.S. references. —

Procedural due process requirements in proceedings involving applications for admission to bar, 2 ALR3d 1266.

Criminal record as affecting applicant's moral character for purposes of admission to the bar, 88 ALR3d 192.

Violation of draft laws as affecting character for purposes of admission to the bar, 88 ALR3d 1055.

Attorney's liability under state law for opposing party's counsel fees, 56 ALR4th 486.

Jury: who is lawyer or attorney disqualified or exempt from service, or subject to challenge for cause, 57 ALR4th 1260.

§ 33-5-105. Applications for admission to bar; qualifications of applicants.

No one shall be admitted to the bar of this state who shall not be an adult of good moral character who has been awarded a juris doctor degree from a law school accredited by the American Bar Association.

History. Laws 1899, ch. 28, § 3; R.S. 1899, § 3307; C.S. 1910, § 959; C.S. 1920, § 1185; Laws 1927, ch. 26, § 1; 1931, ch. 73, § 13; R.S. 1931, § 9-103; C.S. 1945, § 2-103; W.S. 1957, § 33-41; Laws 1973, ch. 213, § 2; 1991, ch. 112, § 1; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, rewrote this section.

Section violative of equal protection. —

This section, insofar as it permits only citizens of the United States to be admitted to the bar of this state, is violative of the equal protection clause of the fourteenth amendment to the constitution of the United States.State v. State Bd. of Law Exmrs., 601 P.2d 174, 1979 Wyo. LEXIS 471 (Wyo. 1979).

Law reviews. —

See “Commission Versus State Bar Admission,” 12 Wyo. L.J. 39 (1957).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of statutes or rules conditioning right to practice law upon residence or citizenship, 53 ALR3d 1163.

Failure to pay creditors as affecting applicant's moral character for purposes of admission to the bar, 4 ALR4th 436.

Sexual conduct or orientation as ground for denial of admission to bar, 21 ALR4th 1109.

Falsehoods, misrepresentations, impersonations, and other irresponsible conduct as bearing on requisite good moral character for admission to bar, 30 ALR4th 1020.

Validity, construction and application of enactment, implementation or repeal of formal educational requirement for admission to the bar, 44 ALR4th 910.

Failure to pay creditors as affecting applicant's moral character for purposes of admission to the bar, 108 ALR5th 289.

§ 33-5-106. Applications for admission to bar; fees; disposition of fees.

Every applicant for admission to the bar of this state shall pay a fee as set by the supreme court. On payment of one (1) fee by applicants for admission by examination the applicant shall be entitled to two (2) examinations when the second is applied for not later than one (1) year after having taken the first. All money shall be received and collected as provided by law. The state treasurer shall place the money to the credit of a separate account. Interest earned by the account shall be retained in the account. All money within the account is continuously appropriated to the state board of law examiners and shall be applied to the direct and indirect costs of administering attorney admissions and other regulatory functions pursuant to rules promulgated by the supreme court. Except as otherwise required in this chapter, itemized vouchers shall be submitted to the board’s executive director or chairman for approval. Upon approval, a warrant for the payment of each voucher shall be issued by the state auditor for payment from the account.

History. Laws 1899, ch. 28, §§ 3, 6, 13; R.S. 1899, § 3308; C.S. 1910, § 960; Laws 1911, ch. 47, § 2; C.S. 1920, § 1186; R.S. 1931, § 9-104; Laws 1933, ch. 111, § 1; C.S. 1945, § 2-104; Laws 1957, ch. 237, § 1; W.S. 1957, § 33-44; Laws 1963, ch. 45, § 1; 1973, ch. 245, § 3; 1976, ch. 14, § 1; 1992, ch. 56, § 2; 2005, ch. 231, § 1; 2016 ch. 75, § 1, effective July 1, 2016.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “an account within the earmarked revenue fund” at the end.

The 2016 amendment , effective July 1, 2016, substituted “supreme court” for “Wyoming supreme court pursuant to W.S. 33-1-201 at the time of filing the application” in the first sentence, deleted the former third sentence, which read, “The payment of the fee shall also entitle the applicant, upon being admitted, to a certificate of admission,” and added the four sentences at the end.

Conflicting legislation. —

§ 33-5-107. Applications for admission to bar; fraudulent application cause for revocation.

Any fraudulent act or presentation by an applicant in connection with his application, or examination, shall be sufficient cause for the revocation of the order admitting him to practice.

History. Laws 1899, ch. 28, § 12; R.S. 1899, § 3316; C.S. 1910, § 968; C.S. 1920, § 1194; R.S. 1931, § 9-112; C.S. 1945, § 2-112; W.S. 1957, § 33-45.

Am. Jur. 2d, ALR and C.J.S. references. —

Delay in prosecution of disciplinary proceeding as defense or mitigating circumstance, 93 ALR3d 1057.

Restitution as mitigating circumstance in disciplinary action against attorney based on wrongful conduct creating liability to client, 95 ALR3d 724.

§ 33-5-108. Bar examinations; generally.

The examination of any applicant to the bar of this state shall be conducted pursuant to rules of the supreme court.

History. Laws 1899, ch. 28, § 5; R.S. 1899, § 3310; C.S. 1910; § 962; C.S. 1920, § 1188; R.S. 1931, § 9-106; C.S. 1945, § 2-106; W.S. 1957, § 33-46; Laws 1980, ch. 16, § 1; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, rewrote this section.

Am. Jur. 2d, ALR and C.J.S. references. —

Court review of bar examiners' decision on applicant's examination, 39 ALR3d 719.

Failed applicant's right of access to bar examination questions and answers, 57 ALR4th 1212.

Validity, under federal constitution, of state bar examination procedures, 30 ALR Fed 934.

§ 33-5-109. Bar examinations; no assistance or advice except as permitted.

At any examination of applicants for admission to the bar, it shall be unlawful to permit the person being examined to receive, during the examination and after the questions have been submitted to the person, any assistance or advice from any other person or persons, book or memorandum except as provided by rules of the supreme court to accommodate persons with disabilities.

History. Laws 1899, ch. 28, § 8; R.S. 1899, § 3312; C.S. 1910, § 964; C.S. 1920, § 1190; R.S. 1931, § 9-108; C.S. 1945, § 2-108; W.S. 1957, § 33-47; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, substituted “the person” for “him” and inserted “except as provided by rules of the supreme court to accommodate persons with disabilities.”

§ 33-5-110. Admission of foreign attorneys on motion.

Any person who may have been admitted to practice as an attorney in the highest court of any other state or territory may be admitted to the bar of this state pursuant to the rules of the supreme court for admission on motion.

History. Laws 1899, ch. 28, § 9; R.S. 1899, § 3313; C.S. 1910, § 965; C.S. 1920, § 1191; R.S. 1931, § 9-109; Laws 1933, ch. 111, § 2; C.S. 1945, § 2-109; W.S. 1957, § 33-48; Laws 1991, ch. 112, § 1; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, rewrote this section.

Right of foreign attorney to practice law not a vested right. —

The right of an attorney from another state to practice law in Wyoming is not a vested right under constitutional law but is a privilege to be granted by the state. Application of Stone, 77 Wyo. 1, 305 P.2d 777, 1957 Wyo. LEXIS 7 (Wyo.), cert. denied, 352 U.S. 1026, 77 S. Ct. 593, 1 L. Ed. 2d 598, 1957 U.S. LEXIS 1248 (U.S. 1957), reh'g denied, 353 U.S. 943, 77 S. Ct. 818, 1 L. Ed. 2d 764 (U.S. 1957).

Good standing in courts of another state and good moral character required. —

Attorneys from other states seeking admission in Wyoming must rely upon their original certificates of admission elsewhere and satisfy Wyoming supreme court that they are in good standing as attorneys in courts of the other states and that they are of good moral character. State Bd. of Law Examiners v. Brown, 53 Wyo. 42, 77 P.2d 626, 1938 Wyo. LEXIS 3 (Wyo. 1938).

Exclusive jurisdiction of supreme court. —

The state supreme court has exclusive jurisdiction under this section to determine a petition of an attorney to practice law in this state. Application of Stone, 77 Wyo. 1, 305 P.2d 777, 1957 Wyo. LEXIS 7 (Wyo.), cert. denied, 352 U.S. 1026, 77 S. Ct. 593, 1 L. Ed. 2d 598, 1957 U.S. LEXIS 1248 (U.S. 1957), reh'g denied, 353 U.S. 943, 77 S. Ct. 818, 1 L. Ed. 2d 764 (U.S. 1957).

Applied in

Mt. Rushmore Broad., Inc. v. Statewide Collections, 2002 WY 39, 42 P.3d 478, 2002 Wyo. LEXIS 40 (Wyo. 2002).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and effect of reciprocity provisions for admission to bar of attorney admitted to practice in another jurisdiction, 51 ALR2d 1198.

Disbarment or suspension of attorney in one state as affecting right to continue practice in another state, 81 ALR3d 1281.

Validity, construction, and effect of reciprocity provisions for admission to bar of attorney admitted to practice in another jurisdiction, 14 ALR4th 7.

What constitutes “unauthorized practice of law” by out-of-state counsel, 83 ALR5th 497.

§ 33-5-111. Attorneys admitted pro hac vice to try pending case.

Members of the bar of any other state, district or territory of the United States, who may be employed as counsel in any case pending before any of the courts of this state, may be admitted pro hac vice for all the purposes of the case in which they are so employed, by the court before which said case is pending, pursuant to rules of the supreme court.

History. Laws 1899, ch. 28, § 10; R.S. 1899, § 3314; C.S. 1910, § 966; C.S. 1920, § 1192; R.S. 1931, § 9-110; C.S. 1945, § 2-110; W.S. 1957, § 33-49; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, inserted “pro hac vice” and substituted “pursuant to rules of the supreme court” for “without examination.”

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and effect of statute or court rule requiring nonresident attorney to employ, or associate with himself, local counsel, 45 ALR2d 1065.

Frequency of appearance of out-of-state attorney as affecting right to admission for particular case, 61 ALR3d 264.

Attorney's right to appear pro hac vice in state court, 20 ALR4th 855.

Attorneys: revocation of state court pro hac vice admission, 64 ALR4th 1217.

What constitutes “unauthorized practice of law” by out-of-state counsel, 83 ALR5th 497.

§ 33-5-112. Oath of attorney.

No person shall be deemed admitted to the bar until he shall have taken and filed an oath as provided in this section. The oath shall be to the effect that he will support, obey, and defend the constitution of the United States, and the constitution and laws of this state, and that he will faithfully and honestly and to the best of his ability discharge the duties of an attorney and counselor-at-law. The oath may be administered by the clerk or one (1) of the justices of the supreme court, a district judge in his district or the clerk of court in his county. The oath may be administered in another state or territory of the United States by a judge or justice of a court of general jurisdiction or an appellate court. The oath shall be reduced to writing, signed by the person taking, and certified to by the officer administering the same and filed in the office of the clerk of the supreme court.

History. Laws 1899, ch. 28, § 14; R.S. 1899, § 3317; C.S. 1910, § 969; C.S. 1920, § 1195; R.S. 1931, § 9-113; C.S. 1945, § 2-113; W.S. 1957, § 33-50; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, inserted “and filed”, “as provided in this section. The oath shall be”, deleted “in or out of court, or by”, substituted “The oath may be administered in another state or territory of the United States by a judge or justice of a court of general jurisdiction or an appellate court. The oath” for “; and when not taken in the supreme court in open session the same” and eliminated the last sentence which read “If taken in open court the journal shall show that fact. No practicing attorney shall be taken on any official bond, or bond in any legal proceeding in the district in which he may reside.”

Repealing clauses. —

Section 15, ch. 28, Laws 1899, reads: “Sections 119, 120, 121, 122, 123, 124 and 125 of the Revised Statutes of 1887, relating to attorneys at law, be and the same are hereby repealed.”

Foreign attorney cannot recover for services rendered in Wyoming. —

An attorney admitted to the state of Washington, the District of Columbia and the United States supreme court, having rendered services to a Wyoming attorney who had been suspended, in an effort to reduce the period of suspension, sued to recover the balance due on the contract price fixed for such service. He could not recover because he had not been admitted to practice in Wyoming. Harriman v. Strahan, 47 Wyo. 208, 33 P.2d 1067, 1934 Wyo. LEXIS 19 (Wyo. 1934).

No estoppel. —

Where plaintiff invoked doctrine of estoppel on ground that defendant knew that he had not been admitted to practice in Wyoming, court held that estoppel did not apply because agreement void as against public policy cannot be rendered valid by invoking doctrine of estoppel. Harriman v. Strahan, 47 Wyo. 208, 33 P.2d 1067, 1934 Wyo. LEXIS 19 (Wyo. 1934).

Law reviews. —

For note, “Commission Versus State Bar Admission,” see 12 Wyo. L.J. 39 (1957).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of governmental requirement of oath of allegiance or loyalty as applied to attorneys, 18 ALR2d 268.

§ 33-5-113. Disbarment or power of courts to punish not affected.

Nothing in this act contained shall be construed to deprive the courts of this state, or any of them, of the power as at present existing, of disbarring or otherwise punishing members of the bar.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license to practice law for failure to pay child support, the Wyoming state bar shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. The order shall be forwarded to the Wyoming supreme court for final action. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1899, ch. 28, § 11; R.S. 1899, § 3315; C.S. 1910, § 967; C.S. 1920, § 1193; R.S. 1931, § 9-111; C.S. 1945, § 2-111; W.S. 1957, § 33-51; 1997, ch. 128, § 2.

Cited in

Meyer v. Norman, 780 P.2d 283, 1989 Wyo. LEXIS 192 (Wyo. 1989).

Am. Jur. 2d, ALR and C.J.S. references. —

Restitution as mitigating circumstance in disciplinary action against attorney based on wrongful conduct creating liability to client, 95 ALR3d 724.

§ 33-5-114. Penalty for deceit or collusion.

An attorney and counselor who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or a party to an action or proceeding, or brings suit or commences proceedings without authority therefor, shall forfeit to the injured party treble damages, to be recovered in a civil action.

History. C.L. 1876, ch. 6, § 6; R.S. 1887, § 128; R.S. 1899, § 3319; C.S. 1910, § 971; C.S. 1920, § 1197; R.S. 1931, § 9-115; C.S. 1945, § 2-114; W.S. 1957, § 33-52; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, deleted “is liable to be disbarred, and.”

Collusion not shown. —

Summary judgment was properly granted for the two defendant attorneys in an action alleging a violation of the statute where (1) the plaintiff was represented in a divorce proceeding by one of the attorneys and the plaintiff's wife was represented by the other attorney, (2) the attorneys had a previous partnership, (3) the attorney who represented the plaintiff's wife filed a sanctions motion against the attorney who represented the plaintiff that was withdrawn, (4) the two attorneys negotiated a settlement agreement that the plaintiff rejected, and (5) the attorney who presented the plaintiff then withdrew his representation; the plaintiff failed to submit evidence of an agreement between the attorneys to defraud him or injure his reputation or evidence from which one could logically and reasonably infer from the established facts that an agreement existed. Bender v. Phillips, 8 P.3d 1074, 2000 Wyo. LEXIS 171 (Wyo. 2000), reh'g denied, 2000 Wyo. LEXIS 185 (Wyo. Aug. 22, 2000).

Dismissed for failure to state a claim. —

Client's claim under this section against an attorney was dismissed for failure to state a claim under Wyo. R. Civ. P. 12(b)(6) because her averments in her complaint made it clear that the attorney's alleged conduct did not occur when she was a party to an existing judicial action or proceeding. Bangs v. Schroth, 2009 WY 20, 201 P.3d 442, 2009 Wyo. LEXIS 21 (Wyo. 2009).

Am. Jur. 2d, ALR and C.J.S. references. —

Delay in prosecution of disciplinary proceeding as defense or mitigating circumstance, 93 ALR3d 1057.

Restitution as mitigating circumstance in disciplinary action against attorney based on wrongful conduct creating liability to client, 95 ALR3d 724.

Liability of attorney, acting for client, for malicious prosecution, 46 ALR4th 249.

Imposition of sanctions upon attorneys or parties for miscitation or misrepresentation of authorities, 63 ALR4th 1199.

§ 33-5-115. [Repealed.]

History. C.L. 1876, ch. 6, § 7; R.S. 1887, § 137; R.S. 1899, § 3328; C.S. 1910, § 977; C.S. 1920, § 1203; R.S. 1931, § 9-121; C.S. 1945, § 2-115; W.S. 1957, § 33-53; repealed by 2015 ch. 162, § 2, effective July 1, 2015.

§ 33-5-116. Payment of annual license fee; fiscal year of state bar.

All members of the state bar shall pay to the treasurer of the state bar, as a license fee for the ensuing year, an annual license fee in an amount to be established by the board of commissioners of the Wyoming state bar pursuant to the bylaws of the state bar. Honorary and retired members may be exempted completely from the payment of any fees or allowed to pay less than the regular license fee in the discretion of the board of commissioners. Fees shall constitute a fund to be held and disbursed by the treasurer upon order of the board.
The fiscal year of the state bar shall be from October 1 through September 30.

History. C.S. 1945, § 2-406; Laws 1957, ch. 212, § 1; W.S. 1957, § 33-55; Laws 1965, ch. 166, § 2; 1973, ch. 188, § 1; 1976, ch. 12, § 1; 2001, ch. 112, § 1; 2015 ch. 162, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, in (a), deleted “by the second week of October” inserted “an annual license fee in” and substituted “the bylaws of the state bar” for “W.S. 33-1-201 .”

History of section. —

This section originated as Rule 5 of the Rules of the Supreme Court Relating to the Wyoming State Bar. It appeared in the Compiled Statutes of 1945 as § 2-406, and as such was amended by the legislature in § 1, ch. 212, Laws 1957. See also present Rule 4 of the Bylaws of the Wyoming State Bar.

Legal Periodicals. —

ARTICLE: REGULATION OF THE PRACTICE OF LAW IN WYOMING: A 150-YEAR WALK THROUGH THE HISTORY BOOKS, 19 Wyo . L. Rev. 1 (2019)

Cited in

Meyer v. Norman, 780 P.2d 283, 1989 Wyo. LEXIS 192 (Wyo. 1989).

Legal Periodicals. —

ARTICLE: REGULATION OF THE PRACTICE OF LAW IN WYOMING: A 150-YEAR WALK THROUGH THE HISTORY BOOKS, 19 Wyo . L. Rev. 1 (2019)

Am. Jur. 2d, ALR and C.J.S. references. —

Delay in prosecution of disciplinary proceeding as defense or mitigating circumstance, 93 ALR3d 1057.

Restitution as mitigating circumstance in disciplinary action against attorney based on wrongful conduct creating liability to client, 95 ALR3d 724.

Validity of state or municipal tax or license fee upon occupation of practicing law, 50 ALR4th 467.

§ 33-5-117. Unauthorized practice.

It shall be unlawful, and punishable as contempt of court, for any person not a member of the Wyoming state bar to hold himself out or advertise by whatsoever means as an attorney or counselor-at-law.

History. Laws 1957, ch. 61, § 1; W.S. 1957, § 33-61.

Negligence.—

No private right of action existed for negligence claims alleging unauthorized practice of law and psychology, absent any indication in the statutory language that a violation would give rise to an action for damages or that a new tort duty was being created. Breen v. Pruter, 679 Fed. Appx. 713, 2017 U.S. App. LEXIS 2810 (10th Cir. Wyo. 2017).

Prohibition of this section is inclusive and clearly encompasses the attorney who once was a member in good standing but who has been disbarred for disciplinary reasons, or who, for any reason, has withdrawn from the bar or allowed his membership to lapse. Meyer v. Norman, 780 P.2d 283, 1989 Wyo. LEXIS 192 (Wyo. 1989).

Unauthorized practice of law. —

Supreme court approved and adopted the recommendations of the Committee on the Unauthorized Practice of Law that a resident be enjoined from engaging in the unauthorized practice of law, pay restitution, and pay a fine because the Committee found that a resident engaged in the unauthorized practice of law by preparing a trust, preparing and recording a quitclaim deed, purporting to convey real property from clients’ living trust to the trust, and preparing a general power of attorney. Unauthorized Practice of Law Comm. v. Stock, 2020 WY 16, 456 P.3d 1234, 2020 Wyo. LEXIS 16 (Wyo. 2020).

Cited in

Dewey Family Trust v. Mountain W. Farm Bureau Mut. Ins. Co., 3 P.3d 833, 2000 Wyo. LEXIS 87 (Wyo. 2000).

Am. Jur. 2d, ALR and C.J.S. references. —

Claims adjusting as engaging in practice of law, 9 ALR2d 797.

Tax matters, services in connection with, as practice of law, 9 ALR2d 797.

Validity of will drawn by layman who, in so doing, violated criminal statute forbidding such activities by one other than licensed attorneys, 18 ALR2d 918.

Drafting, or filling in blanks in printed forms, of instruments, relating to land by real estate agents, brokers or managers as constituting practice of law, 53 ALR2d 788.

Trust company's acts as fiduciary as practice of law, 69 ALR2d 404.

Title examination activities by lending institution, insurance company or title and abstract company as illegal practice of law, 85 ALR2d 184.

Business of debt adjusting as practice of law, 95 ALR2d 1354.

Handling, preparing, presenting or trying workmen's compensation claims or cases as practice of law, 2 ALR3d 724.

Representation of another before state public utilities or service commission as involving practice of law, 13 ALR3d 812.

Activities of law clerks as illegal practice of law, 13 ALR3d 1137.

Drafting of will or other estate planning activities as illegal practice of law, 22 ALR3d 1112, 71 ALR3d 1000.

Operations of collection agency as unauthorized practice of law, 27 ALR3d 1152.

What activities of stock or security broker constitute unauthorized practice of law, 34 ALR3d 1305.

Sale of books or forms designed to enable laymen to achieve legal results without assistance of attorney as unauthorized practice of law, 71 ALR3d 1000.

Prepaid legal services plans, 93 ALR3d 199.

Layman's assistance to party in divorce proceeding as unauthorized practice of law, 12 ALR4th 656.

Contracts by organizations in business of providing evidence, witness, or research assistance to legal counsel in specific litigation, 15 ALR4th 1255.

Activities of insurance adjusters as unauthorized practice of law, 29 ALR4th 1156.

Disciplinary action against attorney for aiding or assisting another person in unauthorized practice of law, 41 ALR4th 361.

What constitutes “unauthorized practice of law” by out-of-state counsel, 83 ALR5th 497.

What constitutes unauthorized practice of law by paralegal, 109 ALR5th 275.

Unauthorized practice of law — Real estate closings, 119 ALR 5th 191.

Drafting of will or other estate-planning activities as illegal or unauthorized practice of law. 25 A.L.R.6th 323.

Chapter 6 Carnivals, Circuses, Pawnbrokers, Poolrooms and Bowling Alleys

Cross references. —

As to licensing provisions generally, see chapter 1 of this title. See § 33-1-106 in connection with this chapter.

As to itinerant, temporary or transient merchants, see chapter 20 of this title.

As to designation of property in transit in books and records for purposes of taxation, see § 39-13-103 .

Am. Jur. 2d, ALR and C.J.S. references. —

53A Am. Jur. 2d Moneylenders and Pawnbrokers §§ 1 to 8.

§ 33-6-101. Carnivals and circuses; license required; safety inspection.

No person shall open any circus or carnival entertainment if any entrance fee or fee for carnival or circus rides is charged or collected, without first obtaining a license as required by this act provided that nothing in this act shall prohibit a licensing authority from refusing to issue any license authorized by this act in the sole discretion of the governing body.
Before issuing any license under this act to any circus or carnival specified under subsection (a) of this section, the board of county commissioners for any county and the governing body of any city or town may require and provide for the inspection of the safety of the applicant’s facilities, equipment, rides or other structures which are for public use. Public use of any facility, equipment, ride or other structure determined unsafe following inspection is prohibited until the unsafe condition is corrected, repaired or otherwise modified. Failure of the applicant to make necessary corrections, repairs or modifications pursuant to this subsection shall be grounds for disapproval of the license application under this act.
As used in this act:
1. “Carnival” means any traveling enterprise offering a variety of rides and amusements to the public for a fee;
2. “Circus” means a tent-covered or open air arena used for providing public entertainment at a charge and generally featuring feats of physical skill and daring, wild animal acts and performances by clowns;
3. “This act” means W.S. 33-6-101 through 33-6-104 .
The issuance of a license pursuant to this act shall not relieve any licensee from acting with reasonable care in the operation or maintenance of a circus or carnival. The licensing authority as a condition of issuing a license under this section, shall require a licensee to provide proof of liability insurance coverage of a minimum amount of five hundred thousand dollars ($500,000.00) at the time of issuing the license and to indemnify, defend and save harmless the city, town or county from any and all claims, demands, actions or causes of action arising from the negligent acts or omission of the carnival or circus. All licensees must maintain liability insurance while operating within the state of Wyoming.

History. C.L. 1876, ch. 76, § 12; R.S. 1887, § 1445; Laws 1899, ch. 91, § 1; R.S. 1899, § 2175; C.S. 1910, § 2853; C.S. 1920, § 3386; Laws 1929, ch. 15, § 1; R.S. 1931, § 65-208; C.S. 1945, § 37-308; W.S. 1957, § 33-69; Laws 1987, ch. 180, § 1.

Cross references. —

As to imposition of license tax on businesses by cities and towns, see § 15-1-103(a)(xiii).

§ 33-6-102. Carnivals and circuses; application for licenses; fees.

Any person or persons, company or corporation opening an exhibition as provided in W.S. 33-6-101 , shall first be required to make application for a license therefor to the board of county commissioners of the county in which such exhibition is sought to be opened, and if allowed, such license shall be issued, upon receipt of such license fee as the board shall have deemed proper, to be not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) for each day of such exhibition.

History. Laws 1899, ch. 91, § 2; R.S. 1899, § 2177; C.S. 1910, § 2855; C.S. 1920, § 3388; Laws 1929, ch. 15, § 2; R.S. 1931, § 65-209; C.S. 1945, § 37-309; W.S. 1957, § 33-70.

§ 33-6-103. Carnivals and circuses; penalty.

Any person or persons, company or corporation opening or maintaining such an exhibition as specified in W.S. 33-6-101 , without having complied with W.S. 33-6-102 , shall be deemed guilty of a misdemeanor and fined not less than two hundred dollars ($200.00), nor more than four hundred dollars ($400.00). Each day of the continuance of such violation shall constitute a separate offense.

History. Laws 1929, ch. 15, § 3; R.S. 1931, § 65-210; C.S. 1945, § 37-310; W.S. 1957, § 33-71.

§ 33-6-104. Carnivals and circuses; local ordinances.

It shall be lawful for any incorporated city or town in this state to provide by ordinance that any person or persons, company or corporation, opening within the confines of such city or town, any exhibition as provided in W.S. 33-6-101 , shall first be required to make application for a license therefor, to the council of said city or town, in which such exhibition is sought to be opened, and if allowed, such license shall be issued upon the receipt of such license fee as the council shall have deemed proper, to be not less than five dollars ($5.00), nor more than two hundred dollars ($200.00) for each day of such exhibition; provided, that such license obtained from such city or town shall be in addition to that obtained from the county in which such city or town is situated.

History. Laws 1929, ch. 15, § 4; R.S. 1931, § 65-211; C.S. 1945, § 37-311; W.S 1957, § 33-72.

§ 33-6-105. [Repealed.]

Repealed by Laws 1983, ch. 62, § 2.

Editor's notes. —

This section, which derived from Laws 1882, ch. 64, § 1, related to pawnbroker and intelligence office licenses.

§ 33-6-106. Records of pawnbrokers.

Every pawnbroker engaged in the business of accepting pawns or pledges shall keep an accurate record showing a complete description of all articles pawned or purchased, the date of the pawn or purchase, the name and address, or names and addresses of the persons pawning, selling or pledging any article, the amount for which same is pledged or purchased by the pawnbroker and the date upon which the pledge expires. This record shall be available at all times to any peace officer of the city, county or state.

History. Laws 1927, ch. 16, § 1; R.S. 1931, § 82-101; C.S. 1945, § 37-313; W.S. 1957, § 33-74.

§ 33-6-107. Penalty for violation of section 33-6-106.

Any pawnbroker failing to comply with the requirements of W.S. 33-6-106 shall be guilty of a misdemeanor and upon conviction shall be fined not to exceed one hundred dollars ($100.00) or by imprisonment in the county jail not to exceed six (6) months or by both fine and imprisonment, together with costs of prosecution.

History. Laws 1927, ch. 16, § 2; R.S. 1931, § 82-102; C.S. 1945, § 37-314; W.S. 1957, § 33-75.

§ 33-6-108. [Repealed.]

Repealed by Laws 2009, ch. 138, § 2.

Editor's notes. —

This section, which derived from Laws 1882, ch. 64, § 1, related to poolrooms and bowling alleys.

Chapter 7 Barbers

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to cosmetology generally, see chapter 12 of this title.

Am. Jur. 2d, ALR and C.J.S. references. —

11 Am. Jur. 2d Barbers and Cosmetologists § 1 et seq.

Article 1. General Provisions

§ 33-7-101. Definitions.

As used in this act:
1. “Barbering” means the practice upon any person or persons of any of the following acts (when done for cosmetic purposes, and not for the treatment of disease or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment except for the immediate family); provided, any person or persons operating a beauty salon or practicing cosmetology and its related fields exclusively shall be exempt from the provisions of this act: shaving or treating the beard or cutting the hair, singeing, shampooing or dyeing the hair, permanent waving or applying hair tonics, massaging, applying cosmetic preparations, antiseptics, powder, oil, clay or lotions, to the scalp, face or neck;
2. “Board” means the state board of barber examiners;
3. “School of barbering” means a place licensed under this act where barbering is taught to students;
4. “Student” means a person duly enrolled and regularly attending a licensed school of barbering for the purpose of receiving instruction on and learning the practices of barbering;
5. “Unprofessional” means acting in an extreme manner not conforming to current standards of the barbering industry;
6. “Instructor” means a person licensed to teach barbering or any practices thereof in a school of barbering as defined by this act and rules of the board;
7. “This act” means W.S. 33-7-101 through 33-7-211 .

History. Laws 1931, ch. 67, § 2; R.S. 1931, § 11-102; C.S. 1945, § 37-402; W.S. 1957, § 33-77; Laws 1967, ch. 57, § 1; 2005, ch. 42, § 1; 2015 ch. 26, § 1, effective February 25, 2015.

The 2005 amendment, effective July 1, 2005, redesignated former (a) as (a)(ii), former (b) as (a)(iii), and former (c) as (a)(i); added (a)(iv) through (a)(vi); and made stylistic changes.

The 2015 amendment, added present (a)(vi) and redesignated former (a)(vi) as (a)(vii).

Laws 2015, ch. 26, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Editor's note. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-7-102. State board of barber examiners; created; designation; composition; appointment, qualifications and term of members.

There is created the “state board of barber examiners”, which shall consist of three (3) persons, each of whom shall be a resident citizen of the state of Wyoming and the holder of a valid registration certificate as a registered barber which has been annually renewed for the period of not less than five (5) years immediately preceding the date of his appointment and shall not be either directly or indirectly connected with any barber school or college. The members of the board shall be appointed by the governor. The governor may remove any member of the board as provided in W.S. 9-1-202 . The term of office for each member appointed hereafter shall be three (3) years. Each term shall terminate on March 1 of the last calendar year of that term.
Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103 .

History. Laws 1931, ch. 67, § 1; R.S. 1931, § 11-101; C.S. 1945, § 37-401; W.S. 1957, § 33-78; Laws 1961, ch. 193, § 1; 1963, ch. 15, § 1; 1967, ch. 57, § 2; 1979, ch. 17, § 2; 1987, ch. 175, § 1.

§ 33-7-103. State board of barber examiners; election of officers; duties of secretary-treasurer; disposition of money received.

The board shall elect a president, vice-president and a secretary-treasurer at the first annual meeting from its members. The secretary-treasurer shall keep the books, temporary funds and records of the board.
Each fee required shall be paid in advance and shall be received and collected as provided by law. The board shall remit all fees and money received to the state treasurer. The state treasurer shall place the money in a separate account. The money so received and placed in the account may be used by the members of the board in defraying their actual expenses and per diem allowance as hereinafter provided in carrying out the provisions of this act.

History. Laws 1931, ch. 67, § 17; R.S. 1931, § 11-117; Laws 1935, ch. 6, § 1; 1937, ch. 67, § 1; C.S. 1945, § 37-417; Laws 1957, ch. 239, § 1; W.S. 1957, § 33-79; Laws 1971, ch. 27, § 11; 1973, ch. 215, § 1; ch. 245, § 3; 2005, ch. 42, § 1; 2014 ch. 69, § 2, effective July 1, 2014; 2015 ch. 12, § 1, effective July 1, 2015.

The 2005 amendment, effective July 1, 2005, in (b), substituted “Each fee required shall be paid in advance and” for “All money,” substituted “a separate account” for “an account within the earmarked revenue fund,” deleted provisions at the end of the second sentence as to how payment would be made, and deleted the former last sentence requiring the secretary-treasurer to perform specified duties.

The 2014 amendment, effective July 1, 2014, in (b), deleted “two percent (2%) of” and “in the general fund and the remainder” in the second sentence.

The 2015 amendment, effective July 1, 2015, in (b), inserted the second sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-7-101(a)(vi)

§ 33-7-104. State board of barber examiners; powers and duties; compensation.

The board shall furnish suitable quarters and adopt and use a common seal for the authentication of its orders and records. To assist in implementing this act, the board may employ personnel as it deems necessary and fix their duties and remuneration. Each member of the board shall receive as salary the sum paid each day to legislators, or an equivalent hourly wage, together with per diem and mileage as provided in W.S. 33-1-302(a)(vii). The entire costs and expenses of carrying out this act shall be paid only out of the fees collected in the administration of this act.

History: Laws 1931, ch. 67, § 18; R.S. 1931, § 11-118; C.S. 1945, § 37-418; W.S. 1957, § 33-80; Laws 1961, ch. 193, § 2; 1973, ch. 179, § 1; ch. 215, § 1; 1985, ch. 136, § 1; 1993, ch. 139, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

Cross references. —

As to meal, lodging and travel expenses, see § 9-3-102 .

The 2014 amendment, effective July 1, 2014, substituted “as provided in W.S. 33-1-302(a)(vii)” for “allowance as allowed to state employees, when actually engaged in board activities” in the third sentence.

Meaning of “this act.” —

The term “this act” referred to in this section, probably refers to Laws 1931, ch. 67, § 2 (§§ 33-7-101 through 33-7-211 ).

§ 33-7-105. State board of barber examiners; meetings.

One (1) annual meeting shall be held at a time and place designated by the president of the board. Other meetings shall be held as called by the president of the board, or by the president upon the written request of two (2) members of the board.

History. Laws 1931, ch. 67, § 20; R.S. 1931, § 11-120; C.S. 1945, § 37-420; W.S. 1957, § 33-81; Laws 1985, ch. 136, § 1.

§ 33-7-106. State board of barber examiners; to furnish printed matter.

All certificates of registration, permits, licenses or other printed matter necessary to carry out the provisions of this act shall be provided and issued by the board, and at no expense to the state.

History. Laws 1931, ch. 67, § 22; R.S. 1931, § 11-122; C.S. 1945, § 37-422; W.S. 1957, § 33-82.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 33-7-101(a)(vi).

§ 33-7-107. [Repealed.]

Repealed by Laws 1985, ch. 136, § 2.

Editor's notes. —

This section, which derived from Laws 1931, ch. 67, § 4, related to apprentices.

§ 33-7-108. Shop license; barber school license; fee; renewal; application; inspection fees; nontransferable.

No person, association, partnership or corporation shall operate or conduct a barbershop or barber school without a valid, unexpired license. Licenses shall be issued by the secretary of the board of barber examiners or the board’s designee. The annual license fee shall be set by the board pursuant to W.S. 33-1-201 for each shop or school, payable in advance, but if not paid on or before July 31 of each year, a late fee set by board rule and regulation shall be assessed. The licenses shall be conspicuously displayed at all times, and no license shall be issued until all sanitary regulations required by W.S. 33-7-101 through 33-7-211 or prescribed by the board have been complied with. Applications for new shops or schools or for shops or schools changing locations shall be made in writing on forms furnished by the board, and shall contain information required by the board. An inspection fee for a new shop or school or for a shop or school changing location shall be set by the board pursuant to W.S. 33-1-201 . A shop or school license is not transferable.
Registered barbers, cosmetologists, manicurists or nail technicians, estheticians and hair stylists licensed under W.S. 33-12-119 through 33-12-140 may engage in the practice for which they are licensed in the same shop if the shop is licensed under subsection (a) of this section and under W.S. 33-12-119 through 33-12-140 .

History. Laws 1931, ch. 67, § 14; R.S. 1931, § 11-114; Laws 1935, ch. 8, § 1; C.S. 1945, § 37-414; W.S. 1957, § 36-84; Laws 1961, ch. 193, § 3; 1973, ch. 202, § 1; 1985, ch. 136, § 1; 1991, ch. 221, § 2; 1993, ch. 131, § 1; 2004, ch. 130, § 1; 2005, ch. 42, § 1; ch. 98, § 1.

Cross references. —

See § 33-7-201 as to certificate of registration.

See § 33-7-111 as to sanitary requirements.

The 2004 amendment, in (b), substituted “W.S. 33-12-119 through 33-12-140 ” for “W.S. 33-12-101 through 33-12-118” twice.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendments. —

The first 2005 amendment, by ch. 42, § 1, effective July 1, 2005, in (a), inserted “association, partnership or corporation” after “No person”, inserted “or barber school” after “barbershop,” inserted “the board's designee” after “board of barber examiners,” substituted “late fee” for “renewal fee,” and inserted “or barber school” or “or school” after “shop” multiple times; in (b), inserted “manicurists or nail technicians, estheticians and hair stylists” after “cosmetologists”; and made stylistic changes.

The second 2005 amendment, by ch. 98, § 1, effective July 1, 2005, in (b) inserted “manicurists or nail technicians, estheticians and hair stylists.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Conflicting legislation. —

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction and effect of statute regulating beauty culture schools, 56 ALR2d 879.

§ 33-7-109. Persons addicted to intoxicating liquors or narcotics.

No person addicted to the use of intoxicating liquors or drugs to an extent to render him unfit to practice or teach barbering shall be entitled to any license, nor shall any such person work or be employed in any barbershop.
Repealed by Laws 2005, ch. 42, § 2.

History. Laws 1931, ch. 67, § 15; R.S. 1931, § 11-115; C.S. 1945, § 37-415; W.S. 1957, § 33-85; 1997, ch. 128, § 2; 2005, ch. 42, §§ 1, 2.

Cross references. —

As to alcoholic beverages generally, see title 12.

For the Controlled Substances Act, see §§ 35-7-1001 through 35-7-1057 .

The 2005 amendment, effective July 1, 2005, in (a), deleted language restricting persons with communicable diseases from practicing or being serviced, substituted “drugs to the extent to render him unfit to practice or to teach barbering” for “morphine, cocaine, or other narcotics”; and repealed former (b), providing procedural guidelines where a person's license has been restricted.

§ 33-7-110. Sanitary inspection.

The board of barber examiners shall make a sanitary inspection of each barbershop and school at least annually.
Barbershops in the state of Wyoming shall be open to such county health officers, members of the board, its inspectors or representatives at any time during business hours.

History. Laws 1931, ch. 67, § 16; R.S. 1931, § 11-116; C.S. 1945, § 37-416; W.S. 1957, § 33-86; Laws 1985, ch. 136, § 1; 2005, ch. 42, § 1.

The 2005 amendment, effective July 1, 2005, in (a), inserted “and school” after “barbershop,” and substituted “annually” for “once every six (6) months.”

§ 33-7-111. Sanitary requirements; rules.

and (b) Repealed by Laws 2005, ch. 42, § 2.
The board may promulgate rules regarding the operation of barbershops and schools to prevent the spread of infectious and contagious diseases.

History. Laws 1931, ch. 67, § 19; R.S. 1931, § 11-119; C.S. 1945, § 37-419; W.S. 1957, § 33-87; Laws 1985, ch. 136, § 1; 1991, ch. 221, § 2; 2005, ch. 42, §§ 1, 2.

Cross references. —

As to compliance with sanitary regulations as a prerequisite to obtaining license, see § 33-7-108 .

The 2005 amendment, effective July 1, 2005, rewrote the section, repealing former (a) and (b), which provided specific cleaning, ventilation, water, inspection and related health requirements, and in (c), deleting the requirement that the board make rules in consultation with the department of public health.

§ 33-7-112. Penalty.

Any violation of this act constitutes a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00), imprisonment for not more than ninety (90) days, or both.

History. Laws 1931, ch. 67, § 23; R.S. 1931, § 11-123; C.S. 1945, § 37-423; W.S. 1957, § 33-88; Laws 1961, ch. 193, § 4; 1985, ch. 136, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 33-7-101(a)(vi).

Article 2. Certificate of Registration

§ 33-7-201. Certificates required; license required for shops and schools.

No person shall practice or attempt to practice barbering without a certificate to practice as a registered barber. No person shall operate a barbershop or school unless it is at all times under the direct supervision and management of a registered barber. No person shall employ another as a barber unless the person so employed holds an unexpired certificate of registration or permit issued by the board.
No person, association, partnership, or corporation shall establish or operate a barbershop or school of barbering in the state without first securing and holding a license from the board. Application for a license shall be made in writing on forms furnished by the board. The board may require to be furnished information reasonably necessary for its purposes. The board shall establish by rule and regulation standards for licensing barbershops and schools.

History. Laws 1931, ch. 67, § 3; R.S. 1931, § 11-103; Laws 1935, ch. 9, § 1; C.S. 1945, § 37-403; W.S. 1957, § 33-89; Laws 1985, ch. 136, § 1; 2005, ch. 42, § 1.

Cross references. —

See also § 33-7-108 , requiring a shop license.

The 2005 amendment, effective July 1, 2005, added (b), redesignating the former undesignated paragraph as (a); and in (a) deleted the exception to W.S. 33-7-306 at the beginning, and inserted “or school.”

Purpose of act. —

Chapter 67, Laws 1931, is designed to improve sanitary conditions in barbershops. Unemployment Compensation Act. Tharp v. Unemployment Comp. Comm'n, 57 Wyo. 486, 121 P.2d 172, 1942 Wyo. LEXIS 6 (1942).

Constitutional question not fully presented. —

Supreme Court will not answer constitutional questions which are not fully presented where there is no need to consider questions thus submitted. Unemployment Compensation Act. Tharp v. Unemployment Comp. Comm'n, 57 Wyo. 486, 121 P.2d 172, 1942 Wyo. LEXIS 6 (1942).

Percentage basis work within Unemployment Compensation Act. —

Where barber work was done by barbers in operator's shop on percentage basis, shop being licensed, leased and controlled by operator, who also controlled scope of work and supplied materials (but not tools), operator was liable for contributions under Unemployment Compensation Act, §§ 27-3-101 to 27-3-704 (now Wyoming Employment Security Law, §§ 27-3-101 to 27-3-705 ). Unemployment Compensation Act. Tharp v. Unemployment Comp. Comm'n, 57 Wyo. 486, 121 P.2d 172, 1942 Wyo. LEXIS 6 (1942).

§ 33-7-202. [Repealed.]

Repealed by Laws 1985, ch. 136, § 2.

Editor's notes. —

This section, which derived from Laws 1931, ch. 67, § 7, related to the issuance of a certificate.

§ 33-7-203. When granted without examination.

An applicant for a registered barber certificate, who is qualified and currently holds a registered barber certificate in another state or country, upon submitting an application to the board, with proof that he meets or exceeds the requirements to receive a registered barber certificate in this state as prescribed by board rule and regulation, and upon payment of the required fee, may receive a registered barber certificate by endorsement without examination in this state subject to the following:
1. An applicant from another state or country which does not require a board examination or who has not graduated from a state approved program shall not obtain a certificate by endorsement; and
2. An applicant who holds a valid, unexpired barbers license or certificate from another state that does not require a board examination and who has graduated from a barber school or college, upon application and payment of the required fee may be issued a temporary permit to practice as a barber under the supervision of a registered barber in this state until the next examination scheduled by the board. Each applicant may receive only one (1) temporary permit.
and (c) Repealed by Laws 2005, ch. 42, § 2.

History. Laws 1931, ch. 67, § 9; R.S. 1931, § 11-109; C.S. 1945, § 37-409; W.S. 1957, § 33-91; Laws 2005, ch. 42, §§ 1, 2.

The 2005 amendment, effective July 1, 2005, rewrote the section, substituting the present requirements for obtaining a license without examination for the former provisions, which allowed for licensure without examination where a person, prior to 1931, had practiced barbering, was an apprentice to a barber or was a student in a school of barbering.

§ 33-7-204. Fees.

The board shall establish and collect fees pursuant to W.S. 33-1-201 for the certificates, licenses, permits and examinations indicated:
1. Registered barber’s examination;
2. Certificate of registration, initial or renewal;
3. Duplicate certificate;
4. Temporary permit to practice;
5. Restoration fee, certificate of registration;
6. Barbershop license;
7. Barber school license.
Certificates of registration for barbers and barbershop and barber school licenses expire on July 1 following their issuance. Any person who qualifies for a certificate under W.S. 33-7-209 or a barbershop or barber school license as prescribed by board rule and regulation and pays required fees shall be issued a certificate or renewal.
Repealed by Laws 1985, ch. 136, § 2.
The board may declare forfeit the examination fee of any applicant who fails to appear for examination at two (2) successive meetings of the board for the examination of applicants.
and (f) Repealed by Laws 2005, ch. 42, § 2.
The board shall establish and collect fees to recover costs for publication and distribution of registers, lists and booklets, for records and affidavits processed, and for educational programs.

History. Laws 1931, ch. 67, § 8; R.S. 1931, § 11-108; C.S. 1945, § 37-408; W.S. 1957, § 33-92; Laws 1961, ch. 193, § 5; 1973, ch. 202, § 1; 1976, ch. 14, § 1; 1985, ch. 136, §§ 1, 2; 1993, ch. 131, § 1; 2005, ch. 42, §§ 1, 2.

The 2005 amendment, effective July 1, 2005, in (a), inserted “licenses” after “certificates”; added (a)(vi) and (a)(vii); in (b), twice inserted references to barbershop and barber school licenses; repealed former (e), pertaining to duplicate certificates, and former (f), pertaining to temporary certificates; and added (g).

§ 33-7-205. Restoration following expiration or retirement.

Any formerly registered barber whose certificate of registration has expired may within five (5) years of the date of expiration have his certificate restored immediately upon payment of the restoration fee in addition to other renewal fees. Any registered barber who retires from the practice of barbering for more than five (5) years may not renew his certificate of registration. Any registered barber whose certificate has expired and who does not qualify for a certificate by endorsement as provided in W.S. 33-7-203 shall be required to pass the board administered examination and pay all related examination and certification fees as set forth in board rule and regulation.

History. Laws 1931, ch. 67, § 12; R.S. 1931, § 11-112; C.S. 1945, § 37-412; W.S. 1957, § 33-93; Laws 1961, ch. 193, § 6; 1973, ch. 202, § 1; 1976, ch. 14, § 1; 1985, ch. 136, § 1; 2005, ch. 42, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, extending the time a person may not practice before he has to pay a renewal fee and extending the time a person may retire before he is prohibited from renewing his certificate without passing an exam and paying the required fees.

§ 33-7-206. Display.

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair. Every holder of a barbershop or barber school license shall display it in a conspicuous place for public viewing.

History. Laws 1931, ch. 67, § 11; R.S. 1931, § 11-111; C.S. 1945, § 37-411; W.S. 1957, § 33-94; Laws 2005, ch. 42, § 1.

The 2005 amendment, effective July 1, 2005, added last sentence.

§ 33-7-207. Refusal to issue or renew; revocation; suspension; denial.

The board may revoke, suspend, deny, or refuse to issue or renew any certificate of registration or barbershop or barber school license, or may otherwise censure the holder of a certificate of registration or barbershop or barber school license for any of the following causes:
1. Making a false statement on an application to the board;
2. Gross malpractice or gross incompetency;
3. Repealed by Laws 2005, ch. 42, § 2.
4. Advertising by means of knowingly false or deceptive statements;
5. Advertising, practicing, or attempting to practice, under a trade name other than one’s own;
6. Repealed by Laws 2005, ch. 42, § 2.
7. Unprofessional conduct; and
8. Violation of any of the provisions of this act or board rule and regulation.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1931, ch. 67, § 12; R.S. 1931, § 11-112; C.S. 1945, § 37-412; W.S. 1957, § 33-95; Laws 1974, ch. 6, § 1; 1985, ch. 136, § 1; 1997, ch. 128, § 2; 2005, ch. 42, §§ 1, 2.

The 2005 amendment, effective July 1, 2005, in the introductory language in (a) added that the board has the authority to suspend, deny, and censure, and added provisions for barbershop and barber school licenses; repealed former (a)(iii), which related to practice by a person with a contagious disease, and former (a)(vi), which pertained to a person with habitual drunkenness or addiction; in (a)(viii), added reference to violation of board rule or regulation; and made stylistic changes.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-7-101(a)(vi).

Cross references. —

As to what constitutes a felony, see § 6-10-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statute or rule making specified conduct or condition the ground for cancellation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

§ 33-7-208. Notice and hearing for revocation.

Except as provided in W.S. 33-7-207(b), the board may refuse to renew or may revoke, deny or suspend any license or certificate of registration issued under this act as provided in W.S. 33-7-107 [repealed] after twenty (20) days written notice and an opportunity for a hearing pursuant to the provisions of W.S. 16-3-101 through 16-3-115 .
Hearing and notice requirements shall be conducted pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115 .

History. Laws 1931, ch. 67, § 13; R.S. 1931, § 11-113; C.S. 1945, § 37-413; W.S. 1957, § 33-96; 1997, ch. 128, § 2; 2005, ch. 42, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section to provide that the board may refuse to renew or may revoke, deny or suspend a license, certificate, or registration by following procedural requirements of the Wyoming Administrative Procedure Act.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-7-101(a)(vi).

Am. Jur. 2d, ALR and C.J.S. references. —

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

§ 33-7-209. Qualifications for registration as barber; examination.

A certificate of registration to practice barbering shall be issued upon passage of a board administered or board approved examination, and upon meeting all requirements set forth by board rule and regulation, to any person who files a completed application, accompanied by the required fees and documentation and who:
1. Has graduated from an approved barber school or college, has an education equivalent to the completion of the second year of high school and is at least seventeen (17) years of age;
2. Has a valid, unexpired license as a barber from another state or country which has licensing requirements for barbers that meet or exceed the requirements for certification in Wyoming; or
3. Is a cosmetologist or hair stylist licensed under W.S. 33-12-119 through 33-12-140 , has completed training at an approved barber school or college as set forth in board rules and regulations and passed an examination conducted by the board to determine his fitness for practice.
Repealed by Laws 2005, ch. 42, § 2.
An applicant for a certificate of registration to practice as a registered barber who fails to pass an examination conducted by the board, may be examined at the next examination.

History. Laws 1931, ch. 67, § 5; R.S. 1931, § 11-105; C.S. 1945, § 37-405; W.S. 1957, § 33-97; Laws 1967, ch. 57, § 3; 1975, ch. 41, § 1; 1985, ch. 136, § 1; 2004, ch. 130, § 1; 2005, ch. 42, §§ 1, 2; ch. 98, § 1; 2015 ch. 26, § 1, effective February 25, 2015.

The 2004 amendment, in (a)(iii), substituted “W.S.33-12-119 through 33-12-140 ” for “W.S. 33-12-101 through 33-12-118.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendments. —

The first 2005 amendment, by ch. 42, § 1, effective July 1, 2005, rewrote the section.

The second 2005 amendment, by ch. 98, § 1, effective July 1, 2005, in (a)(iii), inserted “or hair stylist.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2015 amendment, inserted present (a)(vi) and redesignated former (a)(vi) as (a)(vii).

Laws 2015, ch. 26, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Conflicting legislation. —

§ 33-7-210. Application for examination.

Each applicant for an examination shall make application to the board on blank forms prepared and furnished by the board and shall submit proper credentials and all required fees as required by the board no less than fifteen (15) days before the examination is to be given.

History. Laws 1931, ch. 67, § 6; R.S. 1931, § 11-106; C.S. 1945, § 37-406; W.S. 1957, § 33-98; 2005, ch. 42, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section to delete the oath requirements, and to include a fifteen (15) day minimum for submission of credentials and fees before examination is to be given.

§ 33-7-211. Time and character of examinations.

The examination required under W.S. 33-7-209(a) shall be conducted at a time and place chosen by the board and given at least once every six (6) months. Examinations shall not be confined to any specific method or system, may consist of oral, written and performance examinations, and shall be of the scope and character to disclose that any person passing the examination is qualified to receive a registered barber certificate. Examinations shall be held in the presence of at least one (1) member of the board or a qualified examiner as determined by board rule and regulation.

History. Laws 1931, ch. 67, § 21; R.S. 1931, § 11-121; C.S. 1945, § 37-421; W.S. 1957, § 33-99; Laws 1961, ch. 193, § 7; 1985, ch. 136, § 1; 2005, ch. 42, § 1.

The 2005 amendment, effective July 1, 2005, added provisions to allow the exam to be given by any method or system that would disclose the applicant is qualified to receive a registered barber certificate, added the provision that a qualified examiner may monitor the exam, and updated an internal reference.

Severability. —

Section 24, ch. 67, Laws 1931, reads: “If any portion of this act is declared unconstitutional by a court of competent jurisdiction, it shall not affect the validity of the remainder of the act, which can be given effect without the invalid portion.”

Article 3. Schools of Barbering and Instructors

§§ 33-7-301 through 33-7-314. [Repealed.]

Repealed by Laws 2005, ch. 42, § 2.

Editor's notes. —

This article, which derived from Laws 1961, ch. 196, §§ 1 through 14, related to barbering schools and instructors.

Laws 2005, ch. 42, § 3, makes the act effective July 1, 2005.

Chapter 8 Boxing [Repealed]

§§ 33-8-101 through 33-8-120. [Repealed.]

Repealed by Laws 1989, ch. 191, § 1.

Editor's notes. —

These sections, which derived from Laws 1927, ch. 85, §§ 1 through 6, 8 and 11 through 22, and Laws 1973, ch. 243, § 2, related to boxing.

Chapter 9 Podiatrists

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to nurses, see chapter 21 of this title.

For the Wyoming Pharmacy Act, see chapter 24 of this title.

As to physicians and surgeons, see chapter 26 of this title.

As to licensing of clinical laboratories and blood banks, see chapter 34 of this title.

Stated in

Paravecchio v. Memorial Hosp., 742 P.2d 1276, 1987 Wyo. LEXIS 507 (Wyo. 1987).

Am. Jur. 2d, ALR and C.J.S. references. —

61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 17 to 22, 35 to 42, 47 to 119.

Validity of statute or rule making specified conduct or condition the ground for cancelation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

“Grandfather clause” of statute or ordinance regulating or licensing, 4 ALR2d 667.

Determination by board on its own knowledge, without expert evidence, in proceeding for revocation of license, 6 ALR2d 675.

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice medicine from owning, maintaining, or operating an office therefor, 20 ALR2d 808.

Statute of limitations or doctrine of laches as applicable to proceeding to revoke license to practice medicine, 63 ALR2d 1080.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Single or isolated transaction as falling within provisions of licensing requirements, 93 ALR2d 90.

Revocation or suspension of physician's license for false claims, medical reports or bills for medical services in personal injury litigation, 95 ALR2d 873.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Practicing medicine, surgery, dentistry optometry, podiatry, or other healing arts without license as a separate or continuing offense, 99 ALR2d 654.

Improper or immoral conduct toward female patient as ground for disciplinary measure against physician or dentist, 15 ALR3d 1179.

Professional incompetency as ground for disciplinary measure against physician or dentist, 28 ALR3d 487.

Pretrial discovery in disciplinary proceedings against physician, 28 ALR3d 1440.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

Physician's or other healer's conduct, or conviction of offense, not directly related to medical practice, as ground for disciplinary action, 34 ALR4th 609.

70 C.J.S. Physicians and Surgeons §§ 11 to 34.

§ 33-9-101. Definitions.

As used in this act:
1. “Podiatry” means the diagnosis or the medical, mechanical or surgical treatment of the ailments of the human foot, ankle and tendons that insert into the foot. Surgical treatment of the ankle and tendons that insert into the foot shall be limited to licensed podiatrists who have completed a podiatric surgical residency training program as approved by the board through rule and regulation. Podiatry also includes the fitting or the recommending of appliances, devices or shoes for the correction or relief of minor foot ailments. The practice of podiatric medicine shall include the amputation of the toes or other parts of the foot but shall not include the amputation of the foot or leg in its entirety. A podiatrist may not administer any anesthetic other than local. A general anesthesia shall be administered in a hospital by an anesthesiologist or certified nurse anesthetist authorized under the laws of this state to administer anesthesia. Podiatrists are permitted to use and to prescribe drugs and controlled substances as may be necessary in the practice of podiatry.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.1; Laws 1981, ch. 84, § 1; 1985, ch. 163, § 1; 2005, ch. 221, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section to include in the practice of podiatry the treatment of ankles and tendons that insert the foot and to include amputation of the toes or parts of the foot, with specified limitations, and to deleted the provision that “podiatry” is synonymous with “chiropody.”

Editor's notes. —

There is no paragraph (a)(ii) or subsection (b) in this section as it appears in the printed acts.

The following annotations are from cases decided prior to the 2005 amendment,

Chiropodist must not administer general anesthetic. —

The provision of this section that it must not be construed to “confer … the right to use any anesthetic other than local” is equivalent to a provision that a chiropodist must not give a general anesthetic. State v. Catellier, 63 Wyo. 123, 179 P.2d 203, 1947 Wyo. LEXIS 8 (Wyo. 1947).

Although he acts as an individual and not as a chiropodist. —

A person licensed as chiropodist who administered a general anesthetic was held to have violated this section, despite the contention that he was acting as an individual and not as a chiropodist. State v. Catellier, 63 Wyo. 123, 179 P.2d 203, 1947 Wyo. LEXIS 8 (Wyo. 1947).

For such administration is left to those with greater knowledge of human system. —

The fact that a chiropodist may not administer a general anesthetic clearly indicates that under this section the administration thereof is intended to be left to a person with greater knowledge of the frailties of the human system. State v. Catellier, 63 Wyo. 123, 179 P.2d 203, 1947 Wyo. LEXIS 8 (Wyo. 1947).

Am. Jur. 2d, ALR and C.J.S. references. —

Podiatry or chiropody statutes: validity, construction, and application, 45 ALR4th 888.

§ 33-9-102. Board of registration in podiatry.

There is created and established the state board of registration in podiatry which shall be composed of three (3) practicing podiatrists of integrity and ability, who shall be residents of the state of Wyoming and who shall have practiced podiatry continuously in the state for a period of two (2) years immediately prior to their appointment. The members of the board shall be appointed by the governor. Annually, the governor shall appoint one (1) member who shall be a licensed podiatrist possessing the qualifications above specified, who shall serve for a period of three (3) years or until his successor has been appointed. The governor may remove any board member as provided in W.S. 9-1-202 .
Any vacancy which occurs on the board shall be filled by an appointment of the governor and the podiatrist so appointed shall hold office until the expiration of the term. Members of the board shall elect one (1) member as president and one (1) member as secretary-treasurer.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.2; Laws 1987, ch. 175, § 1.

§ 33-9-103. License required to practice.

It is unlawful for a person to profess to be a podiatrist, to practice or assume the duties incident to podiatry or to advertise in any form or hold himself out to the public as a podiatrist, or in a sign or advertisement to use the word “podiatrist”, “foot correctionist”, “foot expert”, “foot specialist”, “chiropodist” or any other term or designation indicating to the public that he is holding himself out as a podiatrist or foot correctionist in any manner, without first obtaining from the board a license authorizing the practice of podiatry in this state under this act [§§ 33-9-101 through 33-9-113 ].

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.3.

§ 33-9-104. Applications for licenses.

Persons who wish to practice podiatry in this state shall make application on a form authorized and furnished by the board for a license to practice podiatry. This application shall be granted to an applicant after he has furnished satisfactory proof that he has satisfactorily completed two (2) years in a recognized college of liberal arts or of the sciences, and that he is a graduate of a regularly established school of podiatry recognized by the American Podiatric Medical Association or its successor and the board which requires as a prerequisite to graduation the completion of at least three thousand three hundred sixty (3,360) scholastic hours of classroom work. A school of podiatry shall not be accredited by the board if it does not require for graduation at least four (4) years of instruction in the study of podiatry. Every applicant for a license to practice podiatry shall have successfully completed a residency approved by the board through rules and regulations. This requirement applies only to applicants who graduate from podiatric college after July 1, 2005. After the application has been accepted by the board, together with the payment of the license fee, the applicant must pass a satisfactory examination as prepared under the rules and regulations of the board.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.4; 2005, ch. 221, § 1.

The 2005 amendment, effective July 1, 2005, substituted “American Podiatric Medical Association or its successor” for “American podiatry association,” and added the fourth and fifth sentences.

§ 33-9-105. Examinations.

Examinations of applicants for a license to practice podiatry shall be in the English language and shall include both clinical and written tests as the board shall determine. The examinations shall embrace the subjects of histology, surgery, hygiene, dermatology, anatomy, physiology, chemistry, bacteriology, pathology, diagnosis and treatment, pharmacology, therapeutics, clinical podiatry and such other subjects as the board may prescribe, a knowledge of which is commonly and generally required by the practitioners of podiatry. This section shall not be construed to require of the applicant a medical or surgical education. The minimum requirements for a license to practice under W.S. 33-9-101 through 33-9-114 is a general passing grade average of seventy-five percent (75%) in all of the subjects involved and not less than sixty percent (60%) in any one (1) subject. At the time of making application to practice, an examination and license fee in amounts established by the board pursuant to W.S. 33-1-201 shall be paid to the board. An applicant failing in the examination and being refused a license is entitled, within six (6) months of the refusal, to a reexamination, but only two (2) such reexaminations shall be granted to any one (1) applicant. The board may make such rules and regulations governing the conduct of the examinations as shall be necessary, and willful violation of such rules and regulations shall subject the applicant to the cancellation of the examination and loss of the fee.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.5; Laws 1976, ch. 14, § 1; 1992, ch. 56, § 2; 2004, ch. 130, § 1.

The 2004 amendment substituted “33-9-114” for “33-9-113.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

§ 33-9-106. Registration with county clerk.

Every person to whom a certificate of registration and license has been issued under this act [§§ 33-9-101 through 33-9-113 ], within one (1) month from the date of receipt of the certification of registration and license, shall deliver the certificate to the county clerk of the county in which the person has his legal residence or usual place of business, and pay a recording fee of two dollars ($2.00). The county clerk to whom such certificate is presented shall register the name and address of the person designated in the certificate together with the date and number inscribed thereon, and this record shall be open to public inspection.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.6.

§ 33-9-107. Licensing matters.

A license issued under W.S. 33-9-101 through 33-9-114 shall be designated a “registered podiatrist’s license” and may not contain any abbreviations thereof nor any other designation or title except that a statement of limitation shall be contained in the license referring to the licensee as a “registered podiatrist – practice limited to the foot and ankle”, so as not to mislead the public with respect to their right to treat other portions of the body. A renewal license fee in an amount established by the board pursuant to W.S. 33-1-201 shall be due to the board annually on July 1 each year, and if not paid within three (3) months the license shall be revoked and may be reissued only upon an additional application and payment of a fee in an amount established by the board pursuant to W.S. 33-1-201 . Application for renewal shall be accompanied by evidence satisfactory to the board of compliance with participation in continuing education activities as established by rules and regulations of the board. The board shall require three (3) hours of continuing education related to the responsible prescribing of controlled substances every two (2) years. The board may waive the continuing education requirement for the first renewal of a license. Licenses shall be conspicuously displayed by podiatrists at their offices or other places of practice.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.7; Laws 1976, ch. 14, § 1; 1992, ch. 56, § 2; 2004, ch. 130, § 1; 2005, ch. 221, § 1; 2019 ch. 153, § 1, effective July 1, 2019.

The 2004 amendment substituted “33-9-114” for “33-9-113.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendment, effective July 1, 2005, inserted “and ankle” in the first sentence, and added the third and fourth sentences.

The 2019 amendment, effective July 1, 2019, added the fourth sentence.

Conflicting legislation. —

§ 33-9-108. Disposition of fees.

All fees and money shall be received and collected as provided by law. The board shall remit all fees and money received to the state treasurer. The state treasurer place the money in a separate account which shall be subject at all times to warrant of the state auditor drawn upon vouchers issued and signed by the president and the secretary-treasurer of the board.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.8; 2005, ch. 231, § 1; 2014 ch. 69, § 2, effective July 1, 2014; 2015 ch. 12, § 1, effective July 1, 2015.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “an account within the earmarked revenue fund.”

The 2014 amendment, effective July 1, 2014, deleted “ten percent (10%) of” and “in the general fund of the state and the remainder” in the second sentence.

The 2015 amendment, effective July 1, 2015, inserted the second sentence.

Conflicting legislation. —

§ 33-9-109. Exemptions.

This act [§§ 33-9-101 through 33-9-113 ] does not apply to the commissioned podiatrists of the United States armed services in the actual performance of their official duties, to physicians or surgeons, to osteopathic physicians and surgeons regularly licensed under the laws of Wyoming, nor to any visiting podiatrist called into consultation in this state from another state where he is duly qualified under the laws of that state to practice podiatry.
This act [§§ 33-9-101 through 33-9-113 ] shall not prohibit the fitting, recommending, advertising, adjusting or sale of corrective shoes, arch supports or similar mechanical appliances or foot remedies by retail dealers or manufacturers.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.9.

§ 33-9-110. Revocation of license.

After notice and opportunity for hearing under the terms of the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ], the board may revoke or refuse to renew a license granted under this act [§§ 33-9-101 through 33-9-113 ] to any person otherwise qualified who is guilty of any of the following violations:
1. Obtaining a license by fraudulent representation;
2. Incompetency in practice;
3. Use of untruthful or improbable statements to patients or in his advertisements;
4. Alcoholism or habitual use of controlled substance;
5. Unprofessional conduct;
6. Selling or giving away alcohol or controlled substances for illegal purposes, but the board may reissue a license after six (6) months if in its judgment the act, acts or conditions of disqualification have been remedied; or
7. Failure to furnish evidence showing the satisfaction of the requirements of continuing education required by the board.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.10; 1997, ch. 128, § 2; 2005, ch. 221, § 1; 2006, ch. 114, § 1.

The 2005 amendment, effective July 1, 2005, added (a)(vii), making a related change.

The 2006 amendment, added “or” at the end of (a)(vi); and made a related change.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 33-9-111. Reciprocal licenses.

The applicant may be registered and given a certificate or registration and license if he presents satisfactory proof of the endorsement from his state board of having practiced podiatry, and the possession of a certificate of podiatry qualification or license issued to the applicant at least one (1) year prior to filing of application for reciprocal privileges. The certificate upon which reciprocity is requested shall have been issued in the United States or within any foreign country where the requirements for the certificate of qualification or license of the applicant at the date of application are deemed by the board to be equivalent to those of this act [§§ 33-9-101 through 33-9-113 ], and the state or country from which the applicant has received a license has like reciprocal privileges with the state of Wyoming, and the applicant has passed that state or country’s examination in clinical podiatry. The fee for registration of applicants for reciprocity and for the endorsement of reciprocity to another state shall be in amounts established by the board pursuant to W.S. 33-1-201 .

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.11; Laws 1992, ch. 56, § 2.

§ 33-9-112. Compensation of board.

Each member of the board shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii). Any incidental expenses necessarily incurred by the board or any member, if approved by the board, shall be paid from the state treasury, but only from the fees received under the provisions of this act that are paid into the state treasury by the board.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.12; 2014 ch. 69, § 2, effective July 1, 2014.

The 2014 amendment, effective July 1, 2014, substituted “receive per diem and mileage as provided in W.S. 33-1-302(a)(vii)” for “receive reimbursement for per diem, and expenses for attending meetings, in the same manner and amount as state employees” in the first sentence.

§ 33-9-113. Penalties.

Any person violating any of the provisions of this act [§§ 33-9-101 through 33-9-113 ] is guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than six (6) months, or both, for each offense.

History. Laws 1975, ch. 98, § 1; W.S. 1957, § 33-133.13.

§ 33-9-114. Education and training standards for unlicensed podiatric personnel exposing ionizing radiation; mandatory machine inspections; exemptions.

Any person employed by or assisting a podiatrist licensed under this chapter shall in addition to any other requirements imposed by rule and regulation of the board of registration in podiatry, successfully complete minimum safety education and training requirements specified under this section prior to operating any machine source of ionizing radiation or administering radiation to any patient.
Education and training required under subsection (a) of this section shall consist of not less than twenty (20) hours of educational instruction or supervised training in the following areas:
1. Podiatric nomenclature;
2. Machine operation exposure factor;
3. Operator and patient safety;
4. Practical or clinical experience in the following:
  1. Foot and ankle techniques for exposing radiographs;
  2. Film handling and storage;
  3. Processing procedures; and
  4. Patient record documentation for radiographs.
Education and training required under this section shall be obtained from board approved programs only. Written verification of required educational curricula and training protocol shall be in a form prescribed by rule and regulation of the board. Nothing in this subsection prohibits on the job training by a licensed podiatrist.
Any licensed podiatrist using an x-ray machine shall have that machine inspected by a qualified radiation expert periodically as determined by the board.
The board shall promulgate reasonable rules and regulations necessary to implement and administer this section.
Subsection (a) of this section shall not apply to any person licensed as a radiologic technologist or radiologic technician under W.S. 33-37-101 through 33-37-113 .

History. Laws 1995, ch. 156, § 1; 2005, ch. 221, § 1.

The 2005 amendment, effective July 1, 2005, substituted “periodically” for “at least annually” in (d).

Savings clauses. —

Laws 1995, ch. 156, § 3, provides: “Any person employed by or assisting a podiatrist licensed to practice podiatry in this state and who prior to July 1, 1995, has operated any machine source of ionizing radiation or administered radiation to any patient may continue to operate machines and administer radiation without meeting the education and training requirements imposed under this act until January 1, 1996.”

Chapter 10 Chiropractors

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to nurses, see chapter 21 of this title.

For the Wyoming Pharmacy Act, see chapter 24 of this title.

As to physicians and surgeons, see chapter 26 of this title.

Law reviews. —

See “Liability of Chiropractors for Malpractice,” 10 Wyo. L.J. 131.

Stated in

Paravecchio v. Memorial Hosp., 742 P.2d 1276, 1987 Wyo. LEXIS 507 (Wyo. 1987).

Am. Jur. 2d, ALR and C.J.S. references. —

61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 17 to 22, 35 to 42, 47 to 113.

Validity of statute or rule making specified conduct or condition the ground for cancelation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Practicing medicine, surgery, dentistry, optometry, podiatry, or other healing arts without license as a separate or continuing offense, 99 ALR2d 654.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

Podiatry or chiropody statutes: validity, construction and application, 45 ALR4th 888.

Liability of chiropractors and other drugless practitioners for medical malpractice, 77 ALR4th 273.

70 C.J.S. Physicians and Surgeons §§ 11 to 34.

§ 33-10-101. Chiropractic defined.

Chiropractic is the system of specific adjustment or manipulation of the joints and tissues of the body and the treatment of the human body by the application of manipulative, manual, mechanical, physiotherapeutic or clinical nutritional methods for which those persons licensed under this chapter are trained and may include venipuncture, acupuncture and the use of diagnostic x-rays with rights for referral for advanced diagnostic imaging. A chiropractor may examine, diagnose and treat patients provided, however, chiropractors shall not perform surgery, direct the use of or administer drugs required by law to be dispensed on prescription only, practice obstetrics or prescribe or administer x-ray therapy. For purposes of this act, “venipuncture” means the puncture of the vein for the withdrawal of blood.

History. Laws 1929, ch. 25, § 4; R.S. 1931, § 21-104; C.S. 1945, § 37-704; W.S. 1957, § 33-134; Laws 1991, ch. 178, § 1; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, in the first sentence, added “venipuncture, acupuncture and” before “the use of diagnostic x-rays” and added “with rights for referral for advanced diagnostic imaging” thereafter and added the last sentence.

Chiropractor properly convicted for sexual assault of patients. —

Where patients testified that they were victims of a chiropractor who touched their breasts and pubic areas and made inappropriate remarks during chiropractic treatment, the Supreme Court of Wyoming held that defendant's conduct was third degree sexual assault because he was in a position of authority over his patients. While not engaged in the practice of medicine for purposes of this section, chiropractors governed themselves by ethical codes advising practitioners not to take physical advantage of any patient. Faubion v. State, 2010 WY 79, 233 P.3d 926, 2010 Wyo. LEXIS 82 (Wyo. 2010).

Use of clinical nutrition methods. —

A licensed chiropractor does not violate the Medical Practice Act by diagnosing a disease and by then treating the patient by the application of clinical nutritional methods; such practices constitute the practice of “chiropractic” as defined by this section. Johnson v. State ex rel. Wyoming Bd. of Med., 986 P.2d 157, 1999 Wyo. LEXIS 127 (Wyo. 1999).

Chiropractor who diagnosed and treated his grandson's strep throat with nutritional supplements was not “practicing medicine” under § 33-26-102(a)(xi)(B). Johnson v. State ex rel. Wyoming Bd. of Med., 986 P.2d 157, 1999 Wyo. LEXIS 127 (Wyo. 1999).

§ 33-10-102. Board of chiropractic examiners; established; composition; qualifications of members.

There is hereby created and established a board to be known as the state board of chiropractic examiners, which shall be composed of one (1) member of the public at large and four (4) practicing chiropractors of integrity and ability, who shall be residents of the state of Wyoming, who shall have practiced chiropractic continuously in the state of Wyoming for a period of at least three (3) years and who shall have a diploma from an accredited chiropractic school or college.

History. Laws 1929, ch. 25, § 1; R.S. 1931, § 21-101; C.S. 1945, § 37-701; W.S. 1957, § 33-135; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, substituted “one (1) member of the public at large and four (4)” for “three (3)” and “an accredited chiropractic school or college” for “a recognized chiropractic school or college.”

§ 33-10-103. Board of chiropractic examiners; appointment; term; qualifications; vacancies; removal.

The governor shall appoint four (4) practicing chiropractors, who shall possess the qualifications specified in W.S. 33-10-102 , and one (1) citizen from the public at large to constitute the membership of the board. Members shall be appointed to a term of four (4) years, except that initial terms of chiropractor members shall be staggered so that annually thereafter the governor shall appoint one (1) chiropractor member. The governor shall fill all vacancies occurring in the board. The governor may remove any board member as provided in W.S. 9-1-202 .

History. Laws 1929, ch. 25, § 2; R.S. 1931, § 21-102; C.S. 1945, § 37-702; W.S. 1957, § 33-136; Laws 1987, ch. 175, § 1; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, substituted “four (4) practicing chiropractors” for “three (3) practicing chiropractors” and added “and one (1) citizen from the public at large” in the first sentence, and in the second sentence, substituted “four (4) years” for “three (3) years,” added “of chiropractor members” and “chiropractor member” and deleted the end of the sentence which read: “who shall be a licensed chiropractic practitioner possessing the qualifications specified in W.S. 33-10-102 , and who shall serve for a period of three (3) years or until his successor is appointed.”

§ 33-10-104. Board of chiropractic examiners; meetings; procedure; records; members to be licensed.

The board of examiners shall convene within thirty (30) days after the appointment of its members and shall elect from its membership a president, vice-president, a treasurer and a secretary and the board may appoint a person who is not a member of the board to fulfill the functions of treasurer or secretary. The board shall hold a regular meeting once each year at the capitol of the state, the date to be set by the board at its first meeting. The board shall hold special meetings at such times and places as a majority of the members thereof may designate. A majority of the board shall constitute a quorum. The board shall have authority to administer oaths, take affidavits, summon witnesses and take testimony as to matters coming within the scope of its duties. It shall adopt a seal, which shall be affixed to all licenses issued by it and shall from time to time adopt rules and regulations as are proper and necessary for the performance of its duties. It shall adopt a schedule of minimum educational requirements not inconsistent with the provisions of this law, which shall be without prejudice, partiality or discrimination as to the standard schools of chiropractic. The secretary of said board shall keep a record of the proceedings of the board, which shall at all times be open to public inspection. The board shall also have on file with the secretary of state for public inspection a copy of its rules and regulations.
Repealed by Laws 2013, ch. 185, § 2.

History. Laws 1929, ch. 25, § 3; R.S. 1931, § 21-103; C.S. 1945, § 37-703; W.S. 1957, § 33-137; 2013 ch. 185, §§ 1, 2, effective July 1, 2013.

Cross references. —

As to officers authorized to administer oaths, see § 1-2-102 .

The 2013 amendment, effective July 1, 2013, in (a), substituted “a treasurer and a secretary and the board may appoint a person who is not a member of the board to fulfill the functions of treasurer or secretary” for “and secretary treasurer” in the first sentence and deleted “provided that not more than three (3) meetings shall be held in any one (1) year” at the end of the third sentence; repealed former (b) which read: “A license to practice chiropractic within this state shall be issued to the individual members of said board at first meeting, upon payment by each board member of the regular fee, as provided for in this act [ §§ 33-10-101 through 33-10-117 ].”

§ 33-10-105. License required.

It shall be unlawful for any person to practice chiropractic in this state without first obtaining a license, as provided for in this act.
Nothing in this chapter shall prevent the activities and services of a person pursuing a course of study leading to a degree in chiropractic at an accredited college or university, if the activities and services constitute a part of a supervised course of study and the person is a designated chiropractic intern or preceptor appropriate to his level of training and as authorized by rules and regulations of the board.
The board pursuant to its rules and regulations may issue a temporary license to an applicant who is licensed or certified by a board of chiropractic of another United States state or territory, or of a foreign country or province whose standards are equal to or exceed the requirements for licensure as a chiropractor in this state.
No business entity organized under title 17 of the Wyoming statutes shall employ or contract with a chiropractor to provide chiropractic services unless fifty-one percent (51%) of the equity in the entity is owned by persons, and the spouses of persons, licensed pursuant to title 33, chapter 9, 10 or 26 of the Wyoming statutes. This subsection shall not apply to:
1. A health care facility as defined in W.S. 35-2-901(a)(x);
2. Clinical facilities affiliated with a college of chiropractic which provides training for chiropractic students and which is accredited by a nationally recognized accreditation organization;
3. A public or private university or college;
4. Any agency of federal, state or local government;
5. Any partnership or other business entity authorized to be formed under title 17 of the Wyoming statutes and which is owned with other health care providers.

History. Laws 1929, ch. 25, § 5; R.S. 1931, § 21-105; C.S. 1945, § 37-705; W.S. 1957, § 33-138; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, added (b) through (d)(v) and made a related change.

§ 33-10-106. Application for license; educational requirements; fees.

Any person wishing to practice chiropractic in this state shall make application to the board of chiropractic examiners, upon such form and in such manner as may be prescribed and directed by the board. Each applicant shall be a graduate of a recognized school of chiropractic having an accredited program which is professional in content and which meets the academic and training standards established by the board. There shall be paid by each applicant a license fee in an amount established by the board pursuant to W.S. 33-1-201 which fee shall accompany the application.

History. Laws 1929, ch. 25, § 6; R.S. 1931, § 21-106; Laws 1939, ch. 54, § 1; C.S. 1945, § 37-706; Laws 1957, ch. 148, § 1; ch. 242, § 1; W.S. 1957, § 33-139; Laws 1961, ch. 122, § 1; 1976, ch. 14, § 1; 1992, ch. 56, § 2; 2013 ch. 185, § 1, effective July 1, 2013.

Cross references. —

As to officers authorized to administer oaths, see § 1-2-102 .

The 2013 amendment, effective July 1, 2013, rewrote the section.

§ 33-10-107. Time, place and subjects for examinations; reexamination.

Examinations for license to practice chiropractic shall be given by the board at such times and places as it shall determine.
All examinations shall be made in writing and shall include those subjects identified by the board in its rules and regulations.
A license shall be granted to all applicants who achieve an overall passing grade and a passing grade in each subject area as determined by the board in its rules and regulations. An applicant who fails to pass the examination may take a second examination at any time within one (1) year from and after his first failure without the payment of any additional fees.

History. Laws 1929, ch. 25, § 7; R.S. 1931, § 21-107; C.S. 1945, § 37-707; W.S. 1957, § 33-140; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, rewrote the section.

§ 33-10-108. Duties and authority of practitioners.

Chiropractic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases and shall, as to any and all matters pertaining to public health, report to the proper health officers the same as other practitioners.

History. Laws 1929, ch. 25, § 8; R.S. 1931, § 21-108; C.S. 1945, § 37-708; W.S. 1957, § 33-141; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, deleted “shall be permitted to sign death certificates” after “infectious diseases.”

Am. Jur. 2d, ALR and C.J.S. references. —

Scope of practice of chiropractic, 16 ALR4th 58.

§ 33-10-109. Title of practitioners.

Chiropractors licensed under this act shall have the right to practice chiropractic in accordance with the method taught in the chiropractic schools and colleges recognized by the chiropractic board of examiners of this state. If a chiropractor chooses to use the prefix “Dr.” or “doctor” on any display sign before the name of the practitioner, the display shall also include the title “doctor of chiropractic,” “chiropractor,” “D.C.” or the equivalent.

History. Laws 1929, ch. 25, § 9; R.S. 1931, § 21-109; C.S. 1945, § 37-709; W.S. 1957, § 33-142; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, in the second sentence added “If a chiropractor chooses to use” at the beginning, deleted “shall not appear” after “‘doctor,’” substituted “the display shall also include” for “but shall appear in connection with,” and added “‘chiropractor,’ ‘D.C.’ or the equivalent” at the end, and deleted the former third sentence which read: “Said title shall appear in same size type as name of practitioner.”

Chiropractor convicted of sexual assault held a position of authority over patients. —

Quoted in

Apodaca v. Ommen, 807 P.2d 939, 1991 Wyo. LEXIS 39 (Wyo. 1991).

§ 33-10-110. Prohibited acts; refusal, revocation or suspension of license; appeals.

The board may deny, refuse to renew, suspend, revoke or otherwise restrict a license under this act for any of the following acts:
1. To knowingly submit false or misleading information to the board;
2. To perform or attempt to perform an unlawful abortion or assist or advise the performance of any unlawful abortion;
3. To commit or be convicted of a felony that relates to the practice of chiropractic or to the ability to practice chiropractic;
4. To become addicted to a drug or intoxicant to such a degree as to render the licensee unsafe or unfit to practice chiropractic;
5. To practice chiropractic while having any physical or mental disability which renders the practice of chiropractic dangerous;
6. To be guilty of any dishonest, unethical or unprofessional conduct likely to deceive, defraud or harm the public;
7. To use willfully any false or fraudulent statement in any document connected with the practice of chiropractic;
8. To knowingly perform any act which in any way assists an unlicensed person to practice chiropractic;
9. To violate or attempt to violate, directly or indirectly or assist in or abet the violation or conspiring to violate any provision or terms of the Chiropractic Practice Act [§§ 33-10-101 through 33-10-117 ];
10. To practice chiropractic while adjudged mentally incompetent or insane;
11. To practice chiropractic under a false or assumed name;
12. To advertise the practice of chiropractic in any unethical or unprofessional manner;
13. To obtain a fee as personal compensation or gain to an employer or for a person on fraudulent representation that a manifestly incurable condition can be permanently cured;
14. To willfully violate any privileged communication;
15. To aid or abet the practice of chiropractic by a person who is not licensed by the board;
16. To violate any code of ethics or disciplinary rules established by the board.
through (e) Repealed by Laws 2013, ch. 185, § 2.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
Unless the board and the licensee have agreed to the relinquishment of or imposition of restrictions or conditions on a license, the board shall conduct a proceeding to deny, refuse to renew, suspend, revoke or otherwise restrict a license on the grounds set forth in subsection (a) of this section as a contested case under the Wyoming Administrative Procedure Act.

History. Laws 1929, ch. 25, § 10; R.S. 1931, § 21-110; C.S. 1945, § 37-710; Laws 1957, ch. 148, § 2; W.S. 1957, § 33-143; 1997, ch. 128, § 2; 2013 ch. 185, §§ 1, 2, effective July 1, 2013; 2018 ch. 107, § 2, effective July 1, 2018.

Cross references. —

See also § 33-10-111 as to appeal from decision of board.

As to judicial review of administrative action, see Rule 12, W.R.A.P.

The 2013 amendment, effective July 1, 2013, rewrote (a) and (a)(i) and added (a)(xv), (a)(xvi) and (g); and repealed former (b) through (e) which read: “(b) The board shall refuse to issue a license or certificate to any applicant proved guilty of any of the acts stated in section (a), and the board may revoke the license and certificate or suspend the license and certificate of any licensee proved guilty of any of the acts stated in section (a). (c) Before refusing, revoking or suspending any license or certificate for any of the causes stated in section (a), the board shall give notice in writing by mailing by United States registered mail to the licensee or applicant at his last known address in Wyoming a statement of the nature of the offense charged. The licensee or applicant shall have thirty (30) days after mailing of the notice to file with the board a written statement of the nature of his defense. If no defense shall have been filed, the board shall proceed ex parte forthwith to hear proof of the charge, and, if proven, shall refuse, suspend or revoke the license and certificate. If the licensee or applicant shall file a defense, the matter forthwith shall be set for hearing by the board. (d) At the hearing, the board shall be represented and advised by the attorney general and any complainant, applicant or licensee may be represented by counsel. The board and any complainant, applicant or licensee shall have the power to require by subpoena the attendance and testimony of witnesses and the production of papers. The fees and mileage for witnesses shall be the same as prescribed by law for trial by district courts in civil cases. In case of disobedience to a subpoena, the aid of any court of competent jurisdiction may be invoked and such court may issue an order requiring the witness to appear before the board and give evidence and to produce papers and any failure to obey such order of the court may be punished by the court as a contempt thereof. The testimony at the hearing shall be recorded in shorthand or by some other generally used method of taking and recording testimony if required by the board or demanded by the complainant, applicant or licensee, provided that the board or party making such demand shall arrange and pay for the same. (e) Within thirty (30) days after the hearing, the board shall make its order in writing stating its decision. The complainant, applicant or licensee may appeal from such order to the district court in which he resides or to the district court of Laramie county by filing with the board within fifteen (15) days thereafter a written notice of appeal. Within thirty (30) days after receipt of the notice of appeal, unless the time shall be extended by order of the court appealed to, the board shall certify and deliver to the district court appealed to the original statement of the nature of the offense charged and the defense, or true and certified copies thereof. The appellant shall have five (5) days thereafter to perfect his appeal by filing with the clerk of the district court and with the board and any other parties a copy of the notice of appeal and a petition stating the grounds for the appeal, and if appellant shall fail to do so within the time fixed, the appeal shall be dismissed with prejudice by the court. The order shall remain in effect during the appeal unless the judge of the district court appealed to at any time after making of the order by the board, after three (3) days notice to the board giving an opportunity to be heard with respect thereto, shall fix a bond in a sum to be determined by the court in favor of the people of the state of Wyoming and conditioned upon the faithful performance of the requirements of his license during the appeal. Said bond shall be for the benefit of any persons damaged by any act of the appellant during the appeal or any time prior thereto, and any person so damaged may bring an action against the appellant and the sureties on the bond. Trial before the district court on said appeal shall be de novo and without a jury. The judgment of the district court may be appealed to the supreme court in the manner provided by law for appeal of civil matters.”

The 2018 amendment, effective July 1, 2018, in (a)(iii), added “that relates to the practice of chiropractic or to the ability to practice chiropractic” at the end; and in(b)(iii), substituted “that relate to the practice of optometry or to the ability to practice optometry or involving” for “involving moral turpitude” preceding “habitual intemperance.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Substantial Evidence. —

Order indefinitely suspending a practitioner's license to practice as a chiropractor was affirmed because it was supported by substantial evidence including the testimony of several patients, including a complainant, that the practitioner had improperly massaged them, and the practitioner's conflicting statements and testimony. Greene v. State ex rel. Wyo. Bd. of Chiropractic Examiners, 2009 WY 42, 204 P.3d 285, 2009 Wyo. LEXIS 42 (Wyo. 2009).

Am. Jur. 2d, ALR and C.J.S. references. —

Scope of practice of chiropractic, 16 ALR4th 58.

§ 33-10-111. Appeal from decision of board.

Any person aggrieved by the decision of the board may petition for judicial review pursuant to the Wyoming Administrative Procedure Act.

History. Laws 1929, ch. 25, § 17; R.S. 1931, § 21-117; C.S. 1945, § 37-717; W.S. 1957, § 33-144; Laws 2004, ch. 42, § 1; 2013 ch. 185, § 1, effective July 1, 2013.

Cross references. —

See also § 33-10-110 as to appeal from decision of board.

As to judicial review of administrative action, see Rule 12, W.R.A.P.

The 2004 amendment substituted “circuit court ” for “justice court.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2013 amendment, effective July 1, 2013, rewrote the section.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Law reviews. —

See “Scope of Review of Decision of an Administrative Agency in Wyoming,” 9 Wyo. L.J. 65 (1954).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

§ 33-10-113. Prerequisite for renewal of license; board's power to make regulations; fees.

Each chiropractor shall, as a prerequisite to annual license renewal, submit as a part of the renewal application satisfactory evidence of having completed the continuing education requirements established by the board in its rules and regulations.
The board shall also adopt rules and regulations authorizing the board to grant exceptions to the educational requirements.
All persons practicing chiropractic within this state shall pay on or before August 1 of each year, a renewal license fee in an amount established by the board pursuant to W.S. 33-1-201 . If any practicing chiropractor fails to pay the renewal license fee imposed by W.S. 33-10-101 through 33-10-117 within thirty (30) days after the due date, the license shall lapse. A lapsed license shall only be restored within one (1) year of expiration upon written application and payment to the board of a fee of twice the amount of the renewal fee in effect at the time the restoration application is filed.

History. Laws 1977, ch. 113, § 1; W.S. 1957, § 33-146.1; Laws 1978, ch. 36, § 1; 1992, ch. 56, § 2; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, rewrote the section.

§ 33-10-114. Disposition of money collected; expenses of board; compensation of members.

All money shall be received and collected as provided by law. All money received or collected under this chapter shall be remitted to the state treasurer by the board for deposit in a separate account. The money in the account is subject at all times to the warrant of the state auditor drawn upon written requisition attested by the executive director of the board for the payment of any board expenses.
The members of the board shall receive as salary the sum paid each day to legislators, or an equivalent hourly wage, together with per diem and mileage as provided in W.S. 33-1-302(a)(vii).
Repealed by Laws 2013, ch. 185, § 2.

History. Laws 1929, ch. 25, § 13; R.S. 1931, § 21-113; C.S. 1945, § 37-713; Laws 1957, ch. 242, § 3; W.S. 1957, § 33-147; Laws 1961, ch. 122, § 3; 1973, ch. 179, § 1; ch. 215, § 1; ch. 245, § 3; 2005, ch. 231, § 1; 2013 ch. 185, §§ 1, 2, effective July 1, 2013; 2014 ch. 69, § 2, effective July 1, 2014; 2015 ch. 12, § 1, effective July 1, 2015.

The 2005 amendment, effective July 1, 2005, in (a), in the second sentence, substituted “a separate account” for “an account within the earmarked revenue fund.”

The 2013 amendment, effective July 1, 2013, rewrote (a) and (b); and repealed former (c) which read: “The board may, in its discretion, give the secretary-treasurer compensation not to exceed two hundred dollars ($200.00) per year for the time spent by him in keeping the accounts of the board, drawing vouchers, or in the preparation of the report to the governor.”

The 2014 amendment, effective July 1, 2014, in (b), substituted “as provided in W.S. 33-1-302(a)(vii)” for “allowance as allowed to state employees, when actually engaged in official board duties.”

The 2015 amendment, effective July 1, 2015, in (a), substituted “remitted to the state treasurer by the board” for “paid to the state treasurer” in the second sentence.

Conflicting legislation. —

§ 33-10-116. Violation of W.S. 33-10-101 through 33-10-117.

Any person, corporation or association who shall practice, or attempt to practice, chiropractic, or any person who shall buy, sell, or fraudulently obtain any diplomas or licenses to practice chiropractic, or who shall use the title “doctor of chiropractic”, or any word or title to influence belief that he is engaged in the practice of chiropractic, without first complying with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment.
The attorney general, the state board of chiropractic examiners or any county attorney may obtain an injunction in the name of the state of Wyoming upon the relation of such complainant enjoining any person, corporation or association and the officer and directors and employees of such corporation or association from engaging in the practice of chiropractic without a license and certificate or violation of any of the provisions of this chapter. The district court of the district in which the offending party resides or the district court of Laramie county shall have original jurisdiction of any such injunction proceedings. Any defendant who has been so enjoined who shall violate such injunction shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than one (1) year, or both. An injunction may be issued without proof of actual damage sustained and upon proof of one (1) or more acts constituting practice of chiropractic without a license or in violation of any provision of this chapter.

History. Laws 1929, ch. 25, § 15; R.S. 1931, § 21-115; C.S. 1945, § 37-715; Laws 1957, ch. 148, § 3; W.S. 1957, § 33-149; Laws 1981, Sp. Sess., ch. 22, § 1; 2013 ch. 185, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, in (a), deleted “less than one hundred dollars ($100.00) nor” before “more than” and substituted “one thousand dollars ($1,000.00) dollars” for “five hundred dollars ($500.00)” thereafter; and substituted “more than one (1) year” for “less than thirty (30) days nor more than six (6) months” and in (b), deleted “or any licensed doctor of chiropractic in the state of Wyoming,” making a related change in the first sentence and in the third sentence, deleted “for contempt of court” before “by a fine of not” and deleted “less than two hundred dollars *$200.00) or” thereafter and deleted “in the county jail” after “imprisonment” and “not less than six (6) months or” before “not more than one (1) year.”

Am. Jur. 2d, ALR and C.J.S. references. —

Scope of practice of chiropractic, 16 ALR4th 58.

§ 33-10-117. Restrictions.

Nothing contained in this act shall be construed to restrain or restrict licensed or certified members of other legally recognized professions from performing services consistent with the laws of this state, provided they do not represent themselves as practicing the profession regulated under this act and do not represent themselves to be chiropractors. Nothing contained in this act shall be construed to restrain or restrict the practice of venipuncture or acupuncture.

History. Laws 1929, ch. 25, § 16; R.S. 1931, § 21-116; C.S. 1945, § 37-716; W.S. 1957, § 33-150; 2013 ch. 185, § 1, effective July 1, 2013.

Cross references. —

As to physicians and surgeons, see chapter 26 of this title.

The 2013 amendment, effective July 1, 2013, rewrote the section.

Chiropractor convicted of sexual assault held a position of authority over patients. —

Chapter 11 Collection Agencies

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to debt adjusters, see chapter 14 of this title.

As to embezzlement by collectors, see § 6-3-402 .

Am. Jur. 2d, ALR and C.J.S. references. —

Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor or disclosure, 53 ALR4th 231.

Recovery by debtor, under tort of intentional or reckless infliction of emotional distress, for damages resulting from debt collection methods, 87 ALR3d 201.

Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices, 87 ALR3d 786.

Method employed in collecting debt due client as ground for disciplinary action against attorney, 93 ALR3d 880.

What constitutes “debt” and “debt collector” for purposes of Fair Debt Collection Practices Act (15 USC § 1692a(5), (6)), 62 ALR Fed 552.

What constitutes false, deceptive or misleading representation or means in connection with collection of debt prescribed by provisions of Fair Debt Collection Practices Act (14 USC § 1692e), 67 ALR Fed 974.

Award of attorneys' fees under § 813(a)(3) of Fair Debt Collection Practices Act (15 USC § 1692k(a)(3)), 132 ALR Fed 477.

Construction and application of provision of Fair Debt Collection Practices Act relating to validation of debts (15 U.S.C. § 1692g), 150 ALR Fed 101.

What constitutes “debt” for purposes of Fair Debt Collection Practices Act (15 U.S.C. § 1692a(5)), 159 ALR Fed 121.

§ 33-11-101. Definitions.

As used in this act:
1. “Board” means the collection agency board created by W.S. 33-11-103 ;
2. “Business debt” means the obligation arising from a credit transaction between business or commercial enterprises for goods or services used or to be used primarily in a commercial or business enterprise and not for personal, family or household purposes;
3. “Collection agency” means any person who:
  1. Engages in any business, the purpose of which is the collection of any debts for Wyoming creditors;
  2. Regularly collects or attempts to collect for Wyoming creditors, directly or indirectly, debts owed or due or asserted to be owed or due another;
  3. Takes assignment of debts for the purpose of collecting such debts;
  4. Directly or indirectly, solicits for collection debts owed or due or asserted to be owed or due a Wyoming creditor;
  5. Uses a fictitious name or any name other than their own name in the collection of their own accounts receivable; or
  6. Collects debts incurred in this state from debtors located in this state by means of interstate communications, including telephone, mail or facsimile or any other electronic method, from the debt collector’s location in another state.
4. “Communication” means conveying information regarding a debt in written or oral form, directly or indirectly, to any person through any medium;
5. “Consumer” means any natural person obligated or allegedly obligated to pay any debt;
6. “Creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but “creditor” does not include:
  1. Any person or collection agency, to the extent that the person or agency receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of the debt for another; or
  2. Any person whose principal office is located outside the state of Wyoming and who only maintains a branch or satellite office in this state.
7. “Debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family or household purposes, whether or not the obligation has been reduced to judgment;
8. “Debt collector” means any person employed or engaged by a collection agency to perform the collection of debts owed or due or asserted to be owed or due to another, including any owner or shareholder of the collection agency business who engages in the collection of debts;
9. “Location information” means a consumer’s place of abode and his telephone number at that place or his place of employment;
10. “Revocation” means withdrawal or termination of the license and authority to conduct a collection agency in this state, and disqualification to renew the license, permanently or for an indefinite period of time;
11. “Solicitor” means any person employed or engaged by a collection agency, including an owner or shareholder of the agency, who solicits or attempts to solicit debts, accounts, notes or other evidence of indebtedness for collection by the person or any other person;
12. “Suspension” means withdrawal or termination of the license and authority to conduct a collection agency in this state, and disqualification to renew the license, for a period not to exceed one (1) year;
13. “Channeling agent” means the third party licensing system that gathers the application information and distributes it to Wyoming for review and for use in the approval or denial decision;
14. “Registry” means the nationwide multistate licensing system and registry maintained by the State Regulatory Registry, LLC;
15. “This act” means W.S. 33-11-101 through 33-11-116 .
The term “collection agency” does not include:
1. Any officer or employee of a creditor while collecting debts for and in the name of the creditor;
2. Any officer or employee of the United States or of any state, to the extent that collecting or attempting to collect a debt is in the performance of his official duties;
3. Any person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of any debt;
4. Any person whose principal business is the making of loans or the servicing of debt, and who acts as a loan correspondent, seller or servicing agent for the owner or holder of a debt which is secured by a mortgage on real property, whether or not the debt is also secured by an interest in personal property;
5. Any person whose collection activities are carried on in the true name of the creditor, and are confined to the operation of a business other than a collection agency, including but not limited to banks, trust companies, savings and loan associations, abstract companies doing an escrow business, real estate brokers, attorneys, insurance companies, credit unions or loan or finance companies;
6. Any person whose business is the servicing of credit card debt;
7. Any person engaged solely in the collection of one (1) or more business debts; or
8. Any licensed attorney acting in an attorney-client relationship with the creditor, and who conducts the collection in the true name of the client.
Repealed by Laws 1993, ch. 21, § 2.

History. Laws 1945, ch. 146, § 2; C.S. 1945, § 37-802; W.S. 1957, § 33-151; Laws 1991, ch. 112, § 1; 1993, ch. 21, §§ 1, 2; 1999, ch. 55, § 1; 2018 ch. 19, § 1, effective March 9, 2018.

The 2018 amendment, added (a)(xiii) and (xiv); and redesignated former (a)(xiii) as (a)(xv).

Laws 2018, ch. 19, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

§ 33-11-102. Licenses required.

No person shall conduct a collection agency or act as a debt collector or solicitor within this state without first having obtained a license as provided in this act, except that a debt collector or solicitor acting in the course of his employment for a collection agency licensed in Wyoming is not required to have an individual license.

History. Laws 1945, ch. 146, § 1; C.S. 1945, § 37-801; W.S. 1957, § 33-152; 1993, ch. 21, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-103. Collection agency board created; membership; appointment; term; qualifications; chairman.

The collection agency board is created. The board shall consist of five (5) members appointed by the governor. One (1) member shall be an attorney-at-law who is actively engaged in collection work. Two (2) members shall be officers, partners, owners or resident managers of licensed collection agencies but not from the same or affiliated collection agency, and who are not attorneys-at-law. One (1) member shall be a member of the public at large who is neither an attorney-at-law nor affiliated with a collection agency, but who is or has been a user of credit or collection services. One (1) member shall be an officer, partner or owner of a grantor of credit operating in the state that engages or has engaged the services of a Wyoming licensed collection agency. Members of the board shall be appointed for a term of four (4) years and shall serve until their successors are duly appointed and qualified.
No person shall be appointed as a member of the board who has not been a bona fide resident of the state of Wyoming for at least five (5) years immediately prior to his appointment. The attorney and the officers, partners, owners or resident managers of the collection agencies shall have been engaged in the collection business within the state of Wyoming for a period of five (5) years immediately prior to appointment. The member of the public at large shall have at least five (5) years experience as a user of credit or collection services.
Upon the death, resignation or removal of any member of the board, the governor shall appoint a member to serve the remaining unexpired term. Any member of the board may be removed by the governor as provided in W.S. 9-1-202 .
Members of the board shall elect one (1) of their members chairman to serve for a term of two (2) years.

History. Laws 1945, ch. 146, § 3; C.S. 1945, § 37-803; W.S. 1957, § 33-153; Laws 1981, ch. 25, § 1; 1987, ch. 175, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2019 ch. 145, § 1, effective July 1, 2019.

The 2019 amendment, effective July 1, 2019, in (a) substituted “five (5) members” for “three (3) members,” rewrote the fourth sentence, which read: “One (1) shall be an officer, partner, owner or resident manager of a licensed collection agency, who is not an attorney-at-law,” in the fifth sentence, added “member” following “One (1),” substituted “One (1) member shall be an officer, partner or owner of a grantor of credit operating in the state that engages or has engaged the services of a Wyoming licensed collection agency. Members” for “Commencing in 1993, members,” and substituted “four (4) years and” for “four (4) years. Members of the board”; and in (b), substituted “officers, partners, owners or resident managers of the collection agencies” for “officer, partner, owner or resident manager of a collection agency.”

Editor's notes. —

Laws 1996, ch. 103, § 1, effective July 1, 1996, provides: “The collection agency board created by W.S. 33-11-103 is assigned to the department of audit, division of banking, as a type 3 transfer as defined in W.S. 9-2-1707(b)(iii).”

§ 33-11-104. Collection agency board; compensation.

All members of the collection agency board shall be paid salary in the same manner and amount as members of the Wyoming legislature when attending any regular or called meeting of the board and receive per diem and mileage as provided in W.S. 33-1-302(a)(vii). Salary, per diem and travel expense for all board members shall be paid solely from the account containing the license fees established and payable under this act.

History. Laws 1945, ch. 146, § 4; C.S. 1945, § 37-804; W.S. 1957, § 33-154; Laws 1967, ch. 143, § 1; 1973, ch. 245, § 3; 1981, ch. 25, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

Cross references. —

As to meal, lodging and traveling expenses of state officers and employees, see § 9-3-102 .

The 2014 amendment, effective July 1, 2014, deleted “per diem and mileage” following “paid salary” and added “and received per diem and mileage as provided in W.S. 33-1-302(a)(vii)” in the first sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-105. Powers and duties of collection agency board.

The board shall have charge of the administration of this act. All applications for licenses under this act shall be referred to the board for consideration. The board shall investigate the qualifications of the applicant. If the board finds the applicant fails to meet the required qualifications, the board shall reject the application; otherwise the application shall be approved and a license granted on payment of license fees and filing of a bond as required by this act.
The board shall refuse to issue or renew a license:
1. If an individual applicant or licensee is not an adult;
2. If an applicant or licensee is not authorized to do business in this state;
3. If the licensee does not have an established office in Wyoming with a bona fide resident of Wyoming as a resident manager, or in the case of an applicant, the application does not disclose the proposed office location in Wyoming and the name of the proposed resident manager;
4. If an applicant, or an owner, officer, director, partner or resident manager of an applicant or licensee:
  1. Knowingly made a false statement of a material fact in any application for a collection agency license or renewal thereof, or in any documentation provided to support the application or renewal;
  2. Has had a license to conduct a collection agency denied, not renewed, suspended or revoked by this state or any other state for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements;
  3. Has been convicted in any court of a felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, theft, extortion, fraud or conspiracy to commit fraud;
  4. Has had a judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, theft, extortion, fraud or conspiracy to commit fraud;
  5. Has failed to pay or satisfy any judgment debt or penalty imposed by any court; or
  6. Has knowingly failed to comply with or violated any provision of this act or the rules and regulations of the board adopted pursuant to this act.
In addition to other powers granted by this act, the board may:
1. Require a licensee or an applicant for a license to submit to a background investigation including fingerprint checks for state, national and international criminal history record checks. In exercising its authority under this paragraph, the board may utilize background checks completed by the division of criminal investigation, other government agencies in this state or in other states, the federal bureau of investigation, the registry or another entity designated by the registry;
2. Determine the content of application forms and the means by which an applicant applies for, renews or amends a license under this act.
The board may require applicants to utilize the registry or an entity designated by the registry for the processing of applications and fees.

History. Laws 1945, ch. 146, § 5; C.S. 1945, § 37-805; W.S. 1957, § 33-155; Laws 1981, ch. 25, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2013 ch. 191, § 2, effective July 1, 2013; 2018 ch. 19, § 1, effective March 9, 2018; 2019 ch. 145, § 1, effective July 1, 2019.

The 2013 amendment, effective July 1, 2013, added “theft” in (b)(iv)(C) and (D).

The 2018 amendment, added (c) and (d).

Laws 2018, ch. 19, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

The 2019 amendment, effective July 1, 2019, in (a), substituted "board shall" for "board shall assist and advise the chairman, who shall," "referred" for "referred by the chairman," and "granted" for "issued."

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-106. Authority to make rules and regulations; violations; penalties.

The board shall make reasonable rules and regulations for the administration of this act, and for prescribing acceptable professional standards of conduct of licensees. Any violation of the rules and regulations of the board shall be grounds for the imposition of a civil penalty not to exceed one thousand dollars ($1,000.00) or suspension, revocation or refusal to renew any license issued under this act, or any combination thereof.

History. Laws 1945, ch. 146, § 16; C.S. 1945, § 37-816; W.S. 1957, § 33-156; Laws 1991, ch. 26, § 1; 1993, ch. 21, § 1.

Cross references. —

For the Administrative Procedure Act, see §§ 16-3-101 through 16-3-115 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-107. Application for license; qualifications; financial statement.

A person desiring to conduct a collection agency business in this state shall apply in writing on forms approved by the board. The application shall be signed and verified by the applicant and filed in the office of the board. The application shall state:
1. The name and place of residence of the person making the application;
2. Whether the business is organized as a corporation, partnership or sole proprietorship;
3. The name or names under which the business will be conducted;
4. The street address of the office where the business will be conducted;
5. The name of the person who will be the resident manager of the office;
6. Other information as the board may require to determine the qualifications of the applicant and the resident manager to be licensed to conduct a collection agency business.
The application shall be accompanied by a financial statement of the applicant, showing the applicant to be financially sound.
All applicants shall have an established office in Wyoming with a bona fide resident of Wyoming as a resident manager of the office. All resident managers shall pass an examination as prescribed by the board to determine the fitness of the resident manager to conduct a collection agency business.
The board may collect an examination fee not to exceed one hundred dollars ($100.00) for each examination given. The board shall establish by rule the amount and method of payment of the examination fee. All fees collected shall be credited to the account and used as provided by W.S. 33-11-111 .
The board may establish relationships or contract with the registry or any other entity designated by the registry to collect and maintain records and process transaction fees or other fees related to applicants, licensees or other persons subject to this act.
In addition to the other requirements of this section, in connection with an application for licensure the applicant may be required to furnish to the board or the registry information concerning the identity of the applicant, the owners or persons operating or managing the applicant and individuals designated as operators or managers of the applicant’s places of business, including:
1. Fingerprints for submission to the federal bureau of investigation or any governmental agency or entity authorized to receive fingerprints for a state, national and international criminal history background check; and
2. Personal history, including the submission of authorization for the board, registry or designee to obtain:
  1. An independent credit report obtained from a consumer reporting agency described in section 603(p) of the federal Fair Credit Reporting Act; and
  2. Information related to any administrative, civil or criminal findings by any governmental jurisdiction.
For the purposes of this section and to reduce the points of contact that the federal bureau of investigation may have to maintain for purposes of subsection (f) of this section, the board may use the registry as a channeling agent for requesting information from and distributing information to the United States department of justice or any governmental agency.
For the purposes of this section and to reduce the points of contact that the board may have to maintain for purposes of subsection (f) of this section, the board may use the registry as a channeling agent for requesting and distributing information to and from any source as directed by the board.

History. Laws 1945, ch. 146, § 6; C.S. 1945, § 37-806; W.S. 1957, § 33-157; Laws 1981, ch. 25, § 1; 1985, ch. 41, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2018 ch. 19, § 1, effective March 9, 2018.

The 2018 amendment, added (e) through (h).

Laws 2018, ch. 19, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

Am. Jur. 2d, ALR and C.J.S. references. —

Licensing of collection and commercial agencies or representatives thereof, 54 ALR2d 881.

§ 33-11-108. Bond required for license; terms, conditions and execution; amount; notice to surety; new bond.

The applicant shall be notified when the application is approved. Within twenty (20) days after notification, the applicant shall file and thereafter maintain a deposit with the state treasurer or a bond as required by this act. The license shall be issued upon approval of the bond by the board and the attorney general. The bond shall be issued by a surety company licensed and authorized to do business in Wyoming, in the sum of ten thousand dollars ($10,000.00) and shall run to the state of Wyoming and to any party who may be a claimant. The bond shall be executed and acknowledged by the applicant as principal. The applicant may satisfy the bond requirement of this section by depositing with the state treasurer ten thousand dollars ($10,000.00) cash.
The bond shall be conditioned that the principal, as a licensee under this act, shall pay and turn over to or for the use of any claimant from whom any debt is taken or received for collection, the proceeds of such collection less the charges for collection in accordance with the terms of the agreement made between the principal and the claimant.
The bond shall cover all debts placed with the licensee for collection. Any claim under the bond shall be presented to the board. The board shall promptly notify the surety. If the surety fails to pay or settle the claim within thirty (30) days after notice from the board, the claimant may bring suit on the bond in the claimant’s own name. The aggregate liability of the surety for any and all claims which may arise under the bond shall in no event exceed the amount of the penalty of the bond.
A licensee may file a new bond with the board at any time. A surety company may file with the board notice of its withdrawal as surety of any licensee. Upon the filing of a new bond or a notice of withdrawal, the liability of the former surety for all future acts of the licensee shall terminate except as provided in W.S. 33-11-109 .
Upon filing notice with the board by any surety company of its withdrawal as the surety of any licensee, or upon the revocation by the insurance commissioner of the authority of any surety company to transact business in this state, the board shall immediately give notice to the licensee of the withdrawal or revocation. Within thirty (30) days from the date of notification the licensee shall file a new bond with the board. If a licensee fails to file a new bond satisfactory to the board within the time allowed, the right of the licensee to conduct a collection agency shall terminate.

History. Laws 1945, ch. 146, § 7; C.S. 1945, § 37-807; W.S. 1957, § 33-158; Laws 1981, ch. 25, § 1; 1985, ch. 41, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-109. Bond of agency; limitation of actions.

No action shall be brought upon any bond required to be given under this act after the expiration of two (2) years from the revocation or expiration of the license issued to the licensee and principal under the bond. Except for any action commenced upon the bond prior to expiration of the two (2) year period, all liability of the surety upon the bond shall cease on the expiration date.

History. Laws 1945, ch. 146, § 8; C.S. 1945, § 37-808; W.S. 1957, § 33-159; 1993, ch. 21, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-110. License; renewals; fee; license nontransferable; display.

Fees for the licensing of collection agencies shall be set by the board. All fees shall be established in accordance with W.S. 33-1-201 . Each office or place of business shall be licensed separately.
Each collection agency license shall expire on December 31 of each year. The licensee shall submit all required renewal application information not later than December 1 of each year. A collection agency license is not transferable. Each collection agency license shall be displayed in a conspicuous place in licensee’s place of business.

History. Laws 1945, ch. 146, § 9; C.S. 1945, § 37-809; W.S. 1957, § 33-160; Laws 1976, ch. 14, § 1; 1981, ch. 25, § 1; 1987, ch. 48, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2018 ch. 19, § 1, effective March 9, 2018.

The 2018 amendment, in (b), substituted “license shall expire on December 31 of each year. The licensee shall submit all required renewal application information not later than December 1 of each year. A collection” for “license expires one (1) year from the date of issuance. A collection.”

Laws 2018, ch. 19, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

§ 33-11-111. Disposition of fees.

All fees and money received and collected by the board, except the amount paid for data processing by the registry or any other entity designated by the registry, shall be deposited with the state treasurer, who shall credit the money to a separate account. All monies paid into the state treasury and credited to the account are appropriated to the use of the collection agency board for the payment of all necessary expenses incurred in administering this act, including the payment of per diem, salary and mileage to members of the board.

History. Laws 1945, ch. 146, § 10; C.S. 1945, § 37-810; W.S. 1957, § 33-161; Laws 1973, ch. 245, § 3; 1981, ch. 25, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2005, ch. 231, § 1; 2018 ch. 19, § 1, effective March 9, 2018.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “an account within the earmarked revenue fund” at the end of the first sentence.

The 2018 amendment, inserted “except the amount paid for data processing by the registry or any other entity designated by the registry” in the first sentence.

Laws 2018, ch. 19, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

Conflicting legislation. —

§ 33-11-112. Action upon complaints; records of proceedings.

Any interested person may file a verified written complaint charging any collection agency licensee with the violation of this act or the rules adopted by the board, or with conduct that shows the licensee is unworthy to continue to operate a collection agency within this state. The complaint shall be filed with the board which shall investigate the complaint if necessary or refer the complaint to appropriate staff for investigation and referral back to the board for proper disposition.
The board, on its own motion, may make, or cause to be made, an investigation of the conduct of any licensee. As a part of an investigation, the board may audit the books and accounts of a licensee. The audit may be conducted by an auditor from the state department of audit or by a certified public accountant contracted by the board.
Repealed by Laws 1981, ch. 25, § 2.
For the purpose of an investigation or for hearing a complaint, the board may hold a hearing in accordance with the Wyoming Administrative Procedure Act. The hearing may be conducted by a hearing examiner. The chairman may subpoena witnesses and books, records and documents relative to the inquiry. Witnesses may be required to testify under oath. If the board finds the licensee has violated the provisions of this act or the rules promulgated by the board, the licensee may be sanctioned by a civil penalty not to exceed one thousand dollars ($1,000.00) or refusal to renew, suspension or revocation of his license or any combination thereof. Any civil penalties collected pursuant to this section shall be paid to the state treasurer and credited as provided in W.S. 8-1-109 .
A copy of the complaint and a complete record of the investigation and the disposition made shall be retained by the board in the office of the board.

History. Laws 1945, ch. 146, § 11; C.S. 1945, § 37-811; W.S. 1957, § 33-162; W.S. 1977, § 33-11-112 ; Laws 1981, ch. 25, §§ 1, 2; 1991, ch. 26, § 1; ch. 240, § 1; 1993, ch. 21, § 1; 2005, ch. 157, § 2.

Cross references. —

As to judicial review of administrative action, see Rule 12, W.R.A.P.

The 2005 amendment in (d), substituted “collected” for “assessed,” and “paid to the state treasurer and credited as provided in W.S. 8-1-109 ” for “credited to the common school land income account.”

Laws 2005, ch. 157, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 26, 2005.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

Law reviews. —

See “Scope of Review of Decision of an Administrative Agency in Wyoming,” 9 Wyo. L.J. 65 (1954).

See note, “De Novo Judicial Review of Wyoming Administrative Findings,” 15 Wyo. L.J. 67 (1960).

Am. Jur. 2d, ALR and C.J.S. references. —

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

§ 33-11-113. Records of license and bond actions; confidentiality.

The board shall keep a record of all applications for licenses and all bonds filed. The record shall state whether or not a license has been issued under the application and bond. If a bond is withdrawn, replaced or revoked, or the license to operate a collection agency is temporarily terminated because of the failure of the surety on the bond, the facts shall be reflected in the record with the date of filing any order of suspension, revocation or reinstatement. The application form and bond, and records relating thereto shall be open for inspection as a public record in the office of the board.
Financial statements, credit reports and other financial information required by the board in support of a license application or in an investigation, and unresolved complaints or complaints found to be without merit are confidential and are not subject to inspection as a public record.
Except as prohibited by law, the board or board’s designee may furnish information to or receive information from the registry for the purpose of regulation of the debt collection industry. Information furnished by the board to any third party which is confidential or privileged in the board’s possession remains confidential or privileged in the possession of the third party. Information received by the board from any third party which is confidential or privileged in the third-party’s possession remains confidential or privileged in the board’s possession.

History. Laws 1945, ch. 146, § 12; C.S. 1945, § 37-812; W.S. 1957, § 33-163; Laws 1981, ch. 25, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 2018 ch. 19, § 1, effective March 9, 2018.

The 2018 amendment, added (c).

Laws 2018, ch. 19, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

§ 33-11-114. Furnishing or advertising legal services; scope of authority to solicit, acquire or collect claims.

No licensee, under the terms of this act, shall render legal services or advertise directly or indirectly, that it will render legal services, but any licensee can solicit claims exclusively for the purpose of collection, take assignments thereof for the purpose of collection by suit or otherwise, and for such purpose, shall be deemed to be the real party in interest in any suit brought upon such assigned claim.

History. Laws 1945, ch. 146, § 15; C.S. 1945, § 37-815; W.S. 1957, § 33-164.

Cross references. —

As to attorneys-at-law, see chapter 5 of this title.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

Advertising of legal services not constitutionally protected. —

A collection agency had no right to advertise that it offered legal services, and its advertising of such unlawful activity did not merit any constitutional protection. Collection Ctr., Inc. v. State ex rel. Collection Agency Bd., 809 P.2d 278, 1991 Wyo. LEXIS 57 (Wyo. 1991).

Board could properly order collection agency to stop distributing misleading brochure even if it were assumed that it was only meant to advertise the agency's capacity to take assignment debts, and not an ability to render legal services. Collection Ctr., Inc. v. State ex rel. Collection Agency Bd., 809 P.2d 278, 1991 Wyo. LEXIS 57 (Wyo. 1991).

Am. Jur. 2d, ALR and C.J.S. references. —

Operations of collection agency as unauthorized practice of law, 27 ALR3d 1152.

§ 33-11-115. Prohibited acts; penalty for violations; injunctive relief.

In addition to other penalties, any person who carries on the business of a collection agency without first having obtained a license, or who carries on a collection agency business after the termination, suspension, revocation or expiration of a license, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), imprisoned in the county jail not more than six (6) months, or both.
When it appears to the board that any person is violating any of the provisions of this act, the board may, in its own name, bring an action in a court of competent jurisdiction for an injunction, and courts of this state may enjoin any person from violating this act regardless of whether proceedings have been or may be instituted before the board or whether proceedings have been or may be instituted under subsection (a) of this section. The proceedings shall be prosecuted by the attorney general, or if approved by the attorney general, by private counsel engaged by the board.

History. Laws 1945, ch. 146, § 13; C.S. 1945, § 37-813; W.S. 1957, § 33-165; Laws 1981, ch. 25, § 1; 1991, ch. 240, § 1; 1993, ch. 21, § 1; 1999, ch. 55, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

§ 33-11-116. Prosecution of violations.

The district attorney shall prosecute all violations of this act occurring within his district.

History. Laws 1945, ch. 146, § 14; C.S. 1945, § 37-814; W.S. 1957, § 33-166; Laws 1981, Sp. Sess., ch. 22, § 1; 1993, ch. 21, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-11-101(a)(xiii).

Repealing clauses. —

Section 17, ch. 146, Laws 1945, repealed Laws 1925, ch. 25, §§ 1 to 3 (R.S. 1931, §§ 24-101 to 24-103), which also regulated collection agencies.

Chapter 12 Cosmetology

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to exemption of persons operating beauty parlors or practicing beauty culture and its attendant hair treatment or cutting from chapter 7 of this title, see § 33-7-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

11 Am. Jur. 2d Barbers and Cosmetologists § 1 et seq.

Constitutionality, validity, construction and effect of statute or ordinance regulating beauty shop or specialist, 56 ALR2d 879.

Statutes regulating practice of medicine as applicable to beauty shop practices, 56 ALR2d 879.

Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 ALR3d 897.

Liability of cosmetology school for injury to patron, 81 ALR4th 444.

§§ 33-12-101 through 33-12-118. [Repealed.]

Repealed by Laws 1985, ch. 97, § 2.

Cross references. —

For present provisions concerning cosmetology, see §§ 33-12-119 through 33-12-140 .

Editor's notes. —

These sections, which derived from Laws 1937, ch. 39, §§ 1 to 18, related to cosmetology and hairdressing.

§ 33-12-119. Citation.

This act shall be known and may be cited as the “Wyoming Cosmetology Act”.

History. Laws 1985, ch. 97, § 1.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-120. Definitions.

As used in this act:
1. “Applicant” means the person, persons or entity applying for a license, examination or appointment;
2. “Application” means a form prescribed by the board used for making a request for licensure, examination or appointment;
3. “Board” means the state board of cosmetology;
4. “Cosmetologist” means a person who engages in the practice of cosmetology as defined by this act and rules of the board and who is licensed as a cosmetologist under this act;
5. “Practice of cosmetology” means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the hair, skin and nails of the human body for cosmetic purposes;
6. “Esthetician” means a person who engages in the practice of esthetics as defined by this act and rules of the board and who is licensed as an esthetician under this act;
7. “Practice of esthetics” means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the skin of the human body for cosmetic purposes;
8. “Hair stylist” means a person who engages in the practice of hair styling as defined by this act and rules of the board and who is licensed as a hair stylist under this act;
9. “Practice of hair styling” means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the hair for cosmetic purposes;
10. “Instructor” means a person licensed to teach cosmetology or any practices thereof in a school of cosmetology as defined by this act and rules of the board;
11. “License” means a current document recognizing the cosmetologist, manicurist or nail technician, esthetician, hair stylist, instructor, salon or school has met the qualifications required for doing business in this state;
12. “Manicurist or nail technician” means a person who engages in the practice of manicuring or nail technology as defined by this act and rules of the board and who is licensed as a manicurist or nail technician under this act;
13. “Practice of manicuring or nail technology” means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the nails and for cosmetic purposes;
14. “Model” means a person who volunteers to allow a licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist or student enrolled in a cosmetology school to perform cosmetology services without cost;
15. “Patron” means a paying customer in a cosmetology salon or school;
16. “Salon” means any place licensed under this act in which cosmetology is practiced;
17. “School” means any place licensed under this act where cosmetology is taught to students;
18. “Student” means a person enrolled in a school licensed under this act;
19. “Unprofessional” means acting in an extreme manner not conforming to current standards of the cosmetology industry;
20. “This act” means W.S. 33-12-119 through 33-12-140 .

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, inserted present (a)(vi) through (a)(ix), (a)(xii), (a)(xiii), and (a)(xix), and redesignated the existing paragraphs accordingly; and rewrote present (a)(iv), (a)(v), (a)(x), (a)(xi), and (a)(xiv).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-12-121. Board; membership; appointment; qualifications; term of office; vacancies; removal.

The board shall consist of five (5) members appointed by the governor. Each member shall be a cosmetologist licensed in Wyoming, and at least one (1) shall be an instructor licensed in Wyoming. Each member of the board shall be a resident of Wyoming with at least five (5) years experience as a cosmetologist in Wyoming immediately preceding the appointment. Appointments shall represent various geographical areas of Wyoming. The term of each appointee shall be three (3) years, unless sooner removed from the board, or until a successor is appointed. The terms shall be staggered so that the terms of not more than two (2) members expire each year. The members of the board holding office on the effective date of this act shall serve as members for the remainder of their respective terms.
No member of the board shall be affiliated with or hold interest in any cosmetology school while serving as a member of the board.
Vacancies shall be filled for the unexpired term. The governor shall remove any board member whose cosmetology license has been suspended or revoked. The governor may remove any board member as provided in W.S. 9-1-202 .

History. Laws 1985, ch. 97, § 1; 1987, ch. 175, § 1; 1996, ch. 102, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, in (a), in the third sentence inserted “in Wyoming.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-122. Election of board officers.

The board shall meet after each appointment and elect one (1) of their members as president, one (1) vice-president, and one (1) recording secretary.

History. Laws 1985, ch. 97, § 1.

§ 33-12-123. Duties of board members.

Within the limitations and authority granted by this act, the board shall:
1. Develop rules setting uniform and reasonable standards of competency for the practice and teaching of cosmetology, manicuring or nail technology, esthetics or hair styling, for the operation of salons and schools, and procedures for its own conduct;
2. Administer examinations to determine competency for licensure of cosmetologists, manicurists or nail technicians, estheticians, hair stylists and instructors;
3. Initiate and conduct investigations, hearings and proceedings concerning alleged violations of this act and board rules;
4. Determine and administer appropriate disciplinary action against all individuals found to have violated this act or rules promulgated hereunder as provided by W.S. 33-12-135 ;
5. Annually inspect, or appoint persons to inspect, all salons and schools for proper licensure of the salon, school and all cosmetologists, manicurists or nail technicians, estheticians, hair stylists whether practicing as a proprietor, employee or independent contractor, or instructors practicing or teaching and for the purpose of determining compliance with the provisions of this act and board rules;
6. Determine fees as authorized by W.S. 33-12-139 ;
7. Employ an executive director and approve such additional staff as may be necessary to administer and enforce the provisions of this act and board rules.

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, inserted “manicuring or nail technology, esthetics or hair styling” in (a)(i), “manicurists or nail technicians, estheticians, hair stylists” in (a)(ii), and “manicurists or nail technicians, estheticians, hair stylists whether practicing as a proprietor, employee or independent contractor” in (a)(v).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-124. Meetings.

A majority of the board constitutes a quorum for meetings and the transaction of business. The act of the majority of members of the board shall be the act of the board. The board shall meet as often as needed, but not less than four (4) times a year. The meetings shall be held in accordance with W.S. 16-4-401 through 16-4-407 . The board shall keep permanent records of its meetings.

History. Laws 1985, ch. 97, § 1; 1996, ch. 102, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the fourth sentence.

§ 33-12-125. Assistants; inspectors; compensation.

The board may employ and fix the duties and remuneration of inspectors, clerical or administrative assistants as deemed necessary to implement this act or the rules of the board.
Board members shall receive as salary the sum paid each day to legislators, or an equivalent hourly wage, together with per diem and mileage allowance as provided in W.S. 33-1-302(a)(vii), when actually engaged in official board duties.

History. Laws 1985, ch. 97, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

The 2014 amendment, effective July 1, 2014, in (b), substituted “provided in W.S. 33-1-302(a)(vii)” for “allowed to state employees.”

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-126. Executive director; duties; accountability; compensation.

The board shall employ an executive director who shall be responsible for the administration of this act and rules of the board, and other duties as the board may direct. The executive director shall be a cosmetologist licensed in Wyoming and qualified by education and experience. The executive director may act in the board’s behalf during the period between meetings on matters of licensure, applications for examination and other administrative functions. The executive director shall be responsible for the coordination and security of board examinations, shall assist the board members with adoption of rules and regulations, shall assist in legislative matters, shall attend board meetings and assist in implementation of board decisions. The annual salary of the executive director shall be determined by the state personnel division. The executive director shall receive mileage and per diem allowance for expenses incurred in the performance of official duties as provided for other state employees.

History. Laws 1985, ch. 97, § 1.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-127. Licenses required; failure to comply; fines.

From and after the effective date of this act, no person shall engage in the practice or instruction of cosmetology, manicuring or nail technology, esthetics or hair styling and no place shall be maintained and operated for the practice or teaching of cosmetology, manicuring or nail technology, esthetics or hair styling except under a license issued in compliance with this act and the rules adopted pursuant to this act.
No school or salon shall employ, hire or in any manner allow any individual to practice or teach cosmetology, manicuring or nail technology, esthetics or hair styling unless that individual has a current license to practice or teach the applicable specific practice of cosmetology, manicuring or nail technology, esthetics or hair styling.
The licenses required in subsections (a) and (b) of this section shall:
1. Be issued in the name of the licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist, instructor, owner of the salon or owner of the school;
2. State the licensing and expiration dates; and
3. Be displayed at all times in a conspicuous place in the principal office, place of business or employment of the licensee.
Any person who practices or teaches cosmetology, manicuring or nail technology, esthetics or hair styling for compensation, or who carries on any business, practice or operation governed by this act, without the applicable license when a license is required, is guilty of a misdemeanor punishable, upon conviction, by a fine of not more than seven hundred fifty dollars ($750.00).
Upon request of a licensee, the board may issue a certificate to the licensee to practice activities authorized under the license as an independent contractor within a salon. The board may charge an additional fee for the issuance of the certificate as established pursuant to W.S. 33-12-139 .

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, inserted “manicuring or nail technology, esthetics or hair styling” twice in (a) and (b) and once in (c)(i) and (d); in (b), inserted “the applicable specific practice of”; in (d), substituted “the applicable license” for “a license”; and added (e).

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-128. Form; expiration; renewal of license.

The board shall prescribe the form and expiration date of licenses. Licenses may be renewed by submitting the required application for renewal and fee to the board before the license expiration date. If a cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license is allowed to expire, the license may be renewed within a period of ninety (90) days after the expiration date, but after the expiration of ninety (90) days from the date the license expired the license shall lapse.

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, in the third sentence, inserted “manicurist or nail technician, esthetician, hair stylist.”

§ 33-12-129. Expired and lapsed licenses; relicensure.

If a salon or school license is allowed to expire a reinstatement fee for late renewal shall be imposed. A cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license which has lapsed may be reinstated subject to payment of a reinstatement fee in addition to license fees for the lapsed period. Any person whose license has lapsed for five (5) years or more, and who does not qualify for licensure by endorsement, shall be required to complete a refresher course of one hundred (100) hours at a licensed school before applying for examination and shall then be required to take the board examination.

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, in the second sentence inserted “manicurist or nail technician, esthetician, hair stylist.”

§ 33-12-130. Licensure by examination.

An applicant for admission to board examination shall meet the following requirements:
1. Be a graduate of a cosmetology, manicuring or nail technology, esthetics or hair styling school and have met training requirements comparable to those set forth in board rules;
2. Submit proper credentials as required by the board no less than fifteen (15) days before the examination is to be given;
3. Pay the required fee for examination.
The board shall issue a license to persons successfully passing the board licensing examination.

History. Laws 1985, ch. 97, § 1; 1987, ch. 104, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, in (a)(i), deleted “Except as provided by W.S. 33-12-134(c)” from the beginning and inserted “manicuring or nail technology, esthetics or hair styling”; and in (a)(ii), substituted “fifteen (15) days” for “ten (10) days.”

§ 33-12-131. Time, place and scope of examinations.

Examinations shall be held at least six (6) times a year at a time and place designated by the board. The examinations shall be conducted by the board or a majority thereof.
The examinations shall not be confined to any specific method or system, may consist of written, oral and performance examinations and shall be of such scope and character as to disclose that any person passing the examination is qualified to receive a cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license.

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, in (b), inserted “manicurist or nail technician, esthetician, hair stylist.”

§ 33-12-132. Licensure by endorsement.

An applicant for a license to practice or instruct cosmetology, manicuring or nail technology, esthetics or hair styling in Wyoming who is a qualified and currently licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor in another state, upon submitting an application to the board, a certification from the board or licensing agency of the state in which the applicant is licensed, proof of meeting the requirements of this section and payment of the required fee, may receive a cosmetologist, manicurist or nail technician, esthetician, hair stylist or instructor license by endorsement without examination in this state. An applicant from another state which does not require a board examination for licensure, or an applicant who did not attend a cosmetology, manicuring or nail technology, esthetics or hair styling school meeting requirements of the rules of the board and the licensing entity of the state in which the school is located, shall not obtain a Wyoming license by endorsement. An applicant from another state who has not practiced cosmetology, manicuring or nail technology, esthetics or hair styling full time for at least one (1) year prior to application shall obtain a Wyoming license by endorsement only if he was licensed under requirements which the board determines to be at least equal to those established pursuant to this act.

History. Laws 1985, ch. 97, § 1; 1996, ch. 102, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-133. Foreign applicants.

Applicants licensed or trained in a foreign country shall present an English translation of the requirements they met in that country. The credentials shall be presented to the board for consideration, and a determination as to what requirements are necessary to obtain a license in Wyoming shall be made.

History. Laws 1985, ch. 97, § 1.

§ 33-12-134. Promulgation of rules.

The board shall prescribe rules to implement this act in accordance with the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].
The board shall prescribe sanitation rules necessary to prevent the spread of infectious and contagious diseases. All sanitation rules shall be subject to approval of the department of health.
Notwithstanding any other provision of this act, the board may adopt rules which prescribe reduced qualifications and examination requirements for persons seeking to engage solely in services for the improvement and beautification of the hair, skin or nails. The license issued shall state the limited nature of services which may be performed by the licensee.
In adopting rules defining the professions licensed under this act the board may clarify definitions provided in statute and address new practices but shall not otherwise expand those activities which constitute the practice of a profession licensed under this act.

History. Laws 1985, ch. 97, § 1; 1987, ch. 104, § 1; 1991, ch. 221, § 2; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, inserted “hair” in (c) and added (d).

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

§ 33-12-135. Powers to revoke, refuse, suspend, refuse to renew licenses; grounds; procedures.

The board may refuse to issue a license under this act or censure, revoke, suspend or refuse to renew a license issued pursuant to this act after not less than twenty (20) days notice and a hearing, held pursuant to the provisions of W.S. 16-3-101 through 16-3-115 , for any of the following acts:
1. Any violation of this act or any rule of the board;
2. Any infection control violation as defined by this act or rules of the board;
3. Unprofessional or dishonest conduct as defined by this act or rules of the board;
4. A judicial disposition of guilt or a plea of nolo contendere relative to a criminal offense which adversely relates to the practice or instruction of cosmetology, nail technology, esthetics or hair styling;
5. Use of any prohibited product as defined by this act or rules of the board;
6. Use of intoxicating liquor or drugs to such an extent as to render the individual unfit to practice or teach cosmetology, manicuring or nail technology, esthetics or hair styling;
7. Fraud, cheating or unfair practices in passing an examination;
8. Advertising by means of statements known to be false or deceptive; or
9. Failure of any person, salon or school to display required licenses and inspection certificates.
Repealed by Laws 2005, ch. 98, § 2.
The board may require the attendance of witnesses and the production of books, records or papers it determines necessary for any investigation of any violation of this act or rule of the board. Any member of the board may administer oaths to witnesses appearing to testify before the board or before any board member.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1985, ch. 97, § 1; 1997, ch. 128, § 2; 2005, ch. 98, §§ 1, 2.

The 2005 amendment, effective July 1, 2005, rewrote (a) and inserted (a)(i) through (a)(ix); repealed former (b), which detailed to whom the board could refuse to grant a license; inserted present (c); and redesignated former (c) as (d).

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 33-12-136. Right of entry.

Any member of the board, its agents or assistants may enter into and inspect any school or salon at any time during business hours.

History. Laws 1985, ch. 97, § 1.

§ 33-12-137. Annual report to governor.

The board shall report to the governor respecting all receipts, expenditures and activities of the board as required by W.S. 9-2-1014 .

History. Laws 1985, ch. 97, § 1.

§ 33-12-138. Publications.

The board shall:
1. Provide a copy of appropriate statutes and rules to every licensed cosmetologist, manicurist or nail technician, esthetician, hair stylist, salon and school. Additional copies shall be made available upon payment of a fee for the publication;
2. Prepare and maintain a current list of the names and addresses of all cosmetologists, manicurist or nail technicians, estheticians, hair stylists, salons and schools licensed in Wyoming, the names and addresses of the members of the board and their terms of office. The list shall be available for inspection and copying and for reproduction in whole or in part upon payment of the cost of reproduction.

History. Laws 1985, ch. 97, § 1; 2005, ch. 98, § 1.

The 2005 amendment, effective July 1, 2005, in (a)(i), inserted “manicurist or nail technician, esthetician, hair stylist”; and in (a)(ii), inserted “manicurist or nail technicians, estheticians, hair stylists, salons and schools.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-12-139. Fees; disposition of fees.

Fees for the following shall be determined by the board pursuant to W.S. 33-1-201 :
1. Examinations;
2. Cosmetologist license;
3. Instructor license;
4. Salon license;
5. School license;
6. Endorsement fee;
7. License reinstatement;
8. Online testing;
9. Manicurist or nail technician license;
10. Esthetician license;
11. Temporary location license;
12. Independent contractor certificate; and
13. Hair stylist license.
The board shall set fees sufficient to recover costs for the publication and distribution of registers, lists and booklets, for records and affidavits processed, and for educational programs.
Each fee required shall be paid in advance and shall be received and collected as provided by law. The board shall remit all fees and money received to the state treasurer. The state treasurer shall place the money in a separate account.

History. Laws 1985, ch. 97, § 1; 1993, ch. 131, § 1; 2005, ch. 98, § 1; ch. 231, § 1; 2014 ch. 69, § 2, effective July 1, 2014; 2015 ch. 12, § 1, effective July 1, 2015.

The 2005 amendments. —

The first 2005 amendment, by ch. 98, § 1, effective July 1, 2005, inserted (a)(viii) through (a)(xiii).

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, in (c), substituted “a separate account” for “an account within the earmarked revenue fund.”

See the conflicting legislation note. This section has been set out incorporating the amendments made by both 2005 acts.

The 2014 amendment, effective July 1, 2014, in (c), deleted “two percent (2%) of” and “in the state's general fund, and the remainder” in the second sentence.

The 2015 amendment, effective July 1, 2015, in (c), inserted the second sentence.

Conflicting legislation. —

§ 33-12-140. Exemptions.

Nothing in this act shall prohibit services rendered by licensed physicians, nurses, dentists, podiatrists, chiropractors, physical therapists, morticians or barbers when exclusively engaged in the practice of their respective professions.
The provisions of this act shall not apply to employees, volunteers and residents of hospitals, health care facilities, nursing homes, senior citizen centers, convalescent or boarding homes or other similar facilities who render services to residents or members of these facilities on the premises.
The provisions of this act shall not apply to persons engaged in demonstrating the use of any cosmetic or beauty aid or equipment for the purpose of offering for sale to the public such cosmetic or beauty aid or equipment, or to a person engaged in the business of or receiving compensation for facial makeup applications only.

History. Laws 1985, ch. 97, § 1.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 33-12-120(a)(xx).

Chapter 13 Dance Hall Operators

§ 33-13-101. [Repealed.]

Repealed by Laws 2009, ch. 138, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 59, § 1, related to license required for dance hall operators.

§ 33-13-102. [Repealed.]

Repealed by Laws 2009, ch. 138, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 59, § 2, related to conditions under which licenses may be issued to dance hall operators.

§ 33-13-103. [Repealed.]

Repealed by Laws 2009, ch. 138, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 59, § 3, related to revocation of dance hall operator licenses.

§ 33-13-104. [Repealed.]

Repealed by Laws 2009, ch. 138, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 59, § 4, related to exemption from dance hall operator license requirement.

§ 33-13-105. [Repealed.]

Repealed by Laws 2009, ch. 138, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 59, § 5, related to penalty for violation of act.

Chapter 14 Debt Adjusters

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to collection agencies, see chapter 11 of this title.

§ 33-14-101. Definitions.

As used in this act [§§ 33-14-101 through 33-14-103 ]:
1. “Person” means an individual, corporation, partnership, trust, firm, association or other legal entity excluding a tax exempt nonprofit consumer credit counseling service, a person admitted to the bar in this state or a copartnership or professional corporation all members of which are admitted to the bar in this state;
2. “Debt adjusting” shall mean doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to:
  1. Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness, of the debtor; or
  2. Receive from the debtor and disburse to his creditors any money or other thing of value.

History. Laws 1957, ch. 159, § 1; W.S. 1957, § 33-190; Laws 1989, ch. 92, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

Debt adjusting business, 95 ALR2d 1354.

§ 33-14-102. Prohibited; exception.

It shall be unlawful for any person to engage in the business of debt adjusting.
Nothing in this act [§§ 33-14-101 through 33-14-103 ] shall apply to those situations involving debt adjusting as herein defined incurred in the practice of law in this state.

History. Laws 1957, ch. 159, §§ 2, 3; W.S. 1957, § 33-191.

Cross references. —

As to attorneys-at-law, see chapter 5 of this title.

§ 33-14-103. Penalty.

Whoever, either individually or as an officer, director or employee of any person, firm, association, partnership, corporation or other legal entity, violates any of the provisions of this act [§§ 33-14-101 through 33-14-103 ] shall upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00) or by confinement in the county jail of not more than six (6) months or both, for each such violation.

History. Laws 1957, ch. 159, § 4; W.S. 1957, § 33-192.

Chapter 15 Dentists and Dental Hygienists

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to nurses, see chapter 21 of this title.

As to physicians and surgeons, see chapter 26 of this title.

As to exemption of dentists from Wyoming Pharmacy Act, see § 33-24-129 .

As to immunity from liability for volunteer health care professionals, see § 1-1-129 .

For provisions relating to dentists with regard to public health and safety generally, see title 35.

Am. Jur. 2d, ALR and C.J.S. references. —

61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 6, 38, 248.

Liability of physician, surgeon, anesthetist, or dentist for injury resulting from foreign object left in patient, 10 ALR3d 9.

Improper or immoral conduct toward female patient as ground for disciplinary measure against physician or dentist, 15 ALR3d 1179.

What constitutes total or permanent disability within the meaning of insurance policy issued to physician or dentist, 21 ALR3d 677.

Professional incompetency as ground for disciplinary measure against physician or dentist, 28 ALR3d 487.

Medical malpractice: liability for injury allegedly resulting from negligence in making hypodermic injection, 45 ALR3d 731.

Wrongful cancellation of medical malpractice insurance, 99 ALR3d 469.

Recovery, and measure and element of damages, in action against dentist for breach of contract to achieve particular result or cure, 11 ALR4th 748.

Liability for dental malpractice in provision or fitting of dentures, 77 ALR4th 222.

Liability of orthodontist for malpractice, 81 ALR4th 632.

§ 33-15-101. Board of dental examiners; generally.

The board shall carry out the purposes and enforce the provisions of this act. The board shall consist of six (6) members appointed by the governor with the advice and consent of the state senate. Appointments made between sessions of the legislature shall be made in accordance with W.S. 28-12-101 . The interim appointments are not considered a term for the purposes of subsection (c) of this section, relating to reappointment to the board.
The term for board members is four (4) years, and expires on March 1. Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103 .
No person is eligible to membership on the board who is not legally qualified to practice; who has not engaged in the active practice of dentistry in the state of Wyoming for at least five (5) continuous years immediately prior to appointment; who does not at the time of his appointment hold a certificate entitling him to practice dentistry in the state of Wyoming; and who is not a resident of the state of Wyoming. One (1) appointed member of the board shall be a dental hygienist who has the qualifications provided in this act. No member shall succeed himself in office for more than two (2) successive terms.
Any vacancy upon the board caused by the resignation, death or removal of a member shall be filled by the governor by appointment for the unexpired term of that member. Any appointment to fill a vacancy shall be made within ninety (90) days after the vacancy occurs.
Appointments by the governor to the board shall be made from a list of recommended names submitted by the Wyoming Dental Association and Wyoming Dental Hygiene Association as follows:
1. The Wyoming Dental Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of the names of not less than ten (10) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made; and
2. The Wyoming Dental Hygiene Association shall, through its secretary, present to the governor within fifteen (15) days after its regular annual meeting a list of not less than three (3) candidates from which appointments for vacancies on the board occurring during the ensuing year shall be made.
Each member of the board shall, before entering upon the duties of his office, take and subscribe an oath or affirmation that he will support the constitution and the laws of the United States and the state of Wyoming, and that he will faithfully perform the duties as a member of the board.
Repealed by Laws 2007, ch. 210, § 3.

History. Laws 1905, ch. 89, § 2; C.S. 1910, § 2883; C.S. 1920, § 3546; Laws 1921, ch. 148, § 2; R.S. 1931, § 34-102; C.S. 1945, § 37-1102; Laws 1955, ch. 242, § 1; W.S. 1957, § 33-195; Laws 1969, ch. 35, § 1; Rev. W.S. 1957, § 33-192.1; Laws 1979, ch. 17, § 2; ch. 74, § 1; 1981, ch. 172, § 1; 1990, ch. 113, § 2; 2007, ch. 210, § 3.

The 2007 amendment, effective July 1, 2007, repealed former (g), which read: “The dental hygienist member of the board may act on all matters properly before the board except those matters involving the issuance, renewal or revocation of licenses of dentists in Wyoming.”

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (a) and in the second sentence in subsection (c), see § 33-15-128(a)(xvii).

§ 33-15-102. Board of dental examiners; officers; seal; meetings; quorum.

The board shall elect from its members a president, vice-president and a secretary-treasurer. The board shall have a common seal. The board shall meet in June each year, and more often if necessary, at such times and places designated by the president and the board. The meeting of the board shall be at the call of the president and the secretary-treasurer. Five (5) days notice shall be given by the secretary-treasurer to all board members of the time and place of the meeting. A majority of the board constitutes a quorum.
Repealed by Laws 1981, ch. 172, § 3.

History. Laws 1905, ch. 89, § 3; C.S. 1910, § 2884; Laws 1915, ch. 65, § 1; C.S. 1920, § 3547; R.S. 1931, § 34-103; C.S. 1945, § 37-1103; Laws 1955, ch. 242, § 2; W.S. 1957, § 33-196; Laws 1969, ch. 35, § 2; Rev. W.S. 1957, § 33-192.2; Laws 1981, ch. 172, §§ 1, 3.

§ 33-15-103. Board of dental examiners; removal of members.

The governor may remove any member as provided in W.S. 9-1-202 or for discontinued residence in Wyoming.

History. Laws 1905, ch. 89, § 2; C.S. 1910, § 2883; C.S. 1920, § 3546; Laws 1921, ch. 148, § 2; R.S. 1931, § 34-102; C.S. 1945, § 37-1102; Laws 1955, ch. 242, § 1; W.S. 1957, § 33-195; Laws 1969, ch. 35, § 3; Rev. W.S. 1957, § 33-192.3; Laws 1981, ch. 172, § 1; 1987, ch. 175, § 1.

§ 33-15-104. Board of dental examiners; indebtedness; compensation.

The board shall not create any indebtedness on behalf of the state of Wyoming, except as provided in this section. Out of the funds assessed by the board, each of the members of the board shall receive compensation each day or part of a day in which they are engaged in performance of their official duties, including necessary travel, at the same rate as state legislators and shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii) incurred in the performance of their official duties. The secretary of the board shall receive compensation for his services.

History. Laws 1905, ch. 89, § 8; C.S. 1910, § 2889; Laws 1915, ch. 65, § 3; C.S. 1920, § 3552; R.S. 1931, § 34-108; C.S. 1945, § 37-1107; Laws 1957, ch. 253, § 2; W.S. 1957, § 33-197; Laws 1969, ch. 35, § 4; Rev. W.S. 1957, § 33-192.4; Laws 1973, ch. 179, § 1; 1981, ch. 172, § 1; 2007, ch. 210, § 2; 2009, ch. 181, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

Cross references. —

As to meal, lodging and traveling expenses of state officers and employees, see § 9-3-102 .

As to amount of mileage fee or mileage expenses to state, county or precinct officers or employees, see § 9-3-103 .

The 2007 amendment, effective July 1, 2007, deleted “as” following “board shall receive”, substituted “for each day or part of a day in which they are engaged in performance of their official duties at the same rate as state legislators and shall be reimbursed for” for “the sum of seventy-five dollars ($75.00) for each day actually engaged in the duties of his office,” and substituted “incurred in the performance of their official duties” for “in the same manner and amount as employees of the state of Wyoming,” at the end of the second sentence.

The 2009 amendment, inserted “including necessary travel” following “performance of their official duties” in the first sentence.

Laws 2009, ch. 181, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 11, 2009.

The 2014 amendment, effective July 1, 2014, substituted “shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii)” for “shall be reimbursed for actual and necessary expenses” in the first sentence.

§ 33-15-105. Disposition of monies received and collected under provisions of chapter; report.

All monies shall be received and collected as provided by law. The state treasurer shall place the money in a separate account, which shall only be paid out upon an authorized voucher duly verified by the board president and signed by the president and either the secretary of the board, or his designee, showing that the expenditure is a necessary expense and has been actually and properly incurred by the board. Upon presentation of the voucher, the auditor shall draw the warrant upon the treasurer but no warrant shall be drawn unless and until there are sufficient monies in the account to pay same and the expenses of the board shall not be charged upon any other state fund or account. Any money on hand at the dissolution of the board or the repeal of this act shall be paid to the credit of the common school permanent land fund account.
The board shall report annually to the governor respecting all activities, as required by W.S. 9-2-1014 .

History. Laws 1905, ch. 89, § 8; C.S. 1910, § 2889; Laws 1915, ch. 65, § 3; C.S. 1920, § 3552; R.S. 1931, § 34-108; C.S. 1945, § 37-1107; Laws 1957, ch. 253, § 2; W.S. 1957, § 33-197; Laws 1969, ch. 35, § 5; Rev. W.S. 1957, § 33-192.5; Laws 1973, ch. 179, § 1; ch. 215, § 1; ch. 245, § 3; 1981, ch. 172, § 1; 2005, ch. 231, § 1; 2009, ch. 181, § 1.

The 2005 amendment, effective July 1, 2005, in (a), substituted “a separate account” for “an account within the earmarked revenue fund” in the second sentence.

The 2009 amendment, in (a), in the second sentence, inserted “by the board president and signed by the president and either the secretary of the board, or his designee” following “duly verified” and substituted “either the secretary of the board or his designee” for “secretary of the board.”

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Conflicting legislation. —

§ 33-15-106. Determination of fees.

The board shall establish fees by rule and regulation for the issuance of licenses and administration of examinations pursuant to this act.

History. Laws 1969, ch. 35, § 6; W.S. 1957, § 33-192.6; Laws 1981, ch. 172, § 1; 2007, ch. 210, § 2.

The 2007 amendment, effective July 1, 2007, substituted “establish fees by rule and regulation for the issuance of licenses and administration of examinations pursuant to this act” for “determine each year the fees to be collected for examinations, reexaminations and renewals.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-15-128(a)(xvii).

§ 33-15-107. Sale of license.

Any member of the board who sells or offers to sell any license, or modify scoring or grading of a test to issue a license is subject to prosecution under W.S. 6-5-102 .

History. Laws 1905, ch. 89, § 12; C.S. 1910, § 2893; C.S. 1920, § 3556; R.S. 1931, § 34-112; C.S. 1945, § 37-1109; W.S. 1957, § 33-198; Laws 1969, ch. 35, § 7; Rev. W.S. 1957, § 33-192.7; Laws 1981, ch. 172, § 1.

§ 33-15-108. Licensing; qualifications; examinations; fees.

Any person who has a background that does not evidence conduct adverse to the practice of dentistry or to the ability to practice dentistry, who has graduated and attained the degree of doctor of dental surgery or doctor of dental medicine from a college or university in the United States or Canada accredited by the commission on dental accreditation of the American Dental Association, may apply to the board to have the applicant’s qualifications considered for licensure to practice dentistry. The applicant shall pass a written, clinical and state examination that follows national standards as determined by rule of the board.
The board may set fees for initial examinations and reexamination. Fees shall be paid to the board office before the examination or reexamination. The fee shall be paid by any method designated by the board, and in no case shall the fee be refunded.
The applicant shall be informed of the results of his examination within thirty (30) days after the examination.
Repealed by Laws 2009, ch. 181, § 2.
If the applicant fails the board examination three (3) times, he shall show evidence of additional education to the satisfaction of the board before he may be reexamined.
The board shall keep records of the names and addresses of all applicants and such other matters as affords a full record of the actions of the board. The records or transcripts of the records, duly certified by the president and secretary of the board with the seal of the board attached, is prima facie evidence before all courts of this state of the entries therein.
The board shall make and prescribe all reasonable rules for its government and for the conduct of its business.
The board may make and prescribe rules and regulations for the licensure and practice of dentistry in the state of Wyoming, not inconsistent with this act. For purposes of this subsection, “practice of dentistry” includes the work of dental hygienists, dental auxiliaries, dental technicians and dental laboratories.

History. Laws 1905, ch. 89, § 4; C.S. 1910, § 2885; C.S. 1920, § 3548; Laws 1921, ch. 148, § 3; R.S. 1931, § 34-104; Laws 1935, ch. 61, § 1; 1937, ch. 122, § 1; C.S. 1945, § 37-1104; Laws 1955, ch. 242, § 3; W.S. 1957, § 33-199; Laws 1963, ch. 103, § 1; 1969, ch. 35, § 8; Rev. W.S. 1957, § 33-192.8; Laws 1973, ch. 213, § 2; 1979, ch. 74, § 1; 1981, ch. 172, § 1; 2007, ch. 210, § 2; 2009, ch. 181, §§ 1, 2; 2018 ch. 107, § 2, effective July 1, 2018; 2021 ch. 107, § 1, effective July 1, 2021.

The 2007 amendment, effective July 1, 2007, rewrote section generally.

The 2009 amendment, added “and an examination on the Wyoming Dental Practice Act and the rules and regulations of the board of dental examiners” at the end of the second to last sentence of (a); repealed (d), which read: “An applicant who fails an examination may apply to the board for a reexamination at the next scheduled examination meeting. Application shall be made in writing and shall be accompanied by a fee as provided”; and inserted “licensure and” preceding “practice of dentistry” in (h).

The 2018 amendment, effective July 1, 2018, in (a)(i), substituted “who has a background that does not evidence conduct adverse to the practice of dentistry or to the ability to practice dentistry” for “of good moral character” following “Any person.”

The 2021 amendment , effective July 1, 2021, in the last sentence of (a), substituted “clinical and state” for “and practical,” “that follows national standards as determined by rule of” for “in a manner satisfactory to,” deleted the former last sentence, which read, “The written examination shall consist of part I and part II of the national board of dental examinations administered by the joint commission on national dental examinations of the American Dental Association and an examination on the Wyoming Dental Practice Act and the rules and regulations of the board of dental examiners. The clinical practical examination shall be based on satisfactory completion of a clinical examination acceptable to the board” and made related changes; in (b), rewrote the first sentence, which read, “The board shall set the examination fee and all reexamination fees shall be the same as the current fee for the initial examination,” added “or reexamination” in the second sentence, and substituted “any method designated by the board” for “money order, cashier’s check or certified check” in the third sentence; deleted “in writing by certified mail” following “informed” in (c); and substituted “records of” for “a record book in which is recorded” in (f).

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Applicability. —

Laws 2021, ch. 107, § 2, provides: "The provisions of this act shall apply to the 2021-2022 application cycle for the board of dental examiners."

Requiring regional examination not abuse of discretion. —

Board of dental examiners did not abuse its discretion in requiring license applicant to pass a particular regional examination which, in the board's estimate, best tested the applicant's qualifications. Frank v. State, Wyoming Bd. of Dental Exmrs., 965 P.2d 674, 1998 Wyo. LEXIS 143 (Wyo. 1998).

§ 33-15-109. Renewal license certificate.

On or before December 31 of every second year, each dentist licensed to practice dentistry in this state and wishing to continue in the practice of dentistry shall submit a license renewal application with the applicable renewal fee. Any license granted by the board shall expire if the holder fails to secure the renewal certificate within three (3) months after the date that the license renewal application is required to be submitted.
Any dentist whose application for renewal indicates that the dentist has not actively practiced dentistry or engaged in teaching dentistry or dental hygiene for the preceding five (5) years shall be issued a renewal certificate only after demonstrating to the board that the dentist has maintained the qualifications set forth in this act. The board may require reexamination if it finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee.
The board may set continuing education requirements for renewal certificates and relicensure certificates. The board shall require three (3) hours of continuing education related to the responsible prescribing of controlled substances every two (2) years.

History. Laws 1905, ch. 89, § 4; C.S. 1910, § 2885; C.S. 1920, § 3548; Laws 1921, ch. 148, § 3; R.S. 1931, § 34-104; Laws 1935, ch. 61, § 1; 1937, ch. 122, § 1; C.S. 1945, § 37-1104; Laws 1955, ch. 242, § 3; W.S. 1957, § 33-199; Laws 1963, ch. 103, § 1; 1969, ch. 35, § 9; Rev. W.S. 1957, § 33-192.9; Laws 1981, ch. 172, § 1; 2007, ch. 210, § 2; 2009, ch. 181, § 1; 2019 ch. 153, § 1, effective July 1, 2019; 2021 ch. 107, § 1, effective July 1, 2021.

The 2007 amendment, effective July 1, 2007, rewrote (a) and (b); and in (c), substituted “renewal certificates and relicensure certificates” for “relicensure.”

The 2009 amendment, added the second sentence of (a).

The 2019 amendment, effective July 1, 2019, in (c), added the last sentence.

The 2021 amendment , effective July 1, 2021, in the first sentence of (a), substituted "of every second" for "each," in the second sentence, substituted "expire" for "be cancelled after ten (10) days notice by registered mail" and "the date that the license renewal application is required to be submitted" for "December 31 each year."

Editor's notes. —

Laws 2009, ch. 181, § 3, effective March 11, 2009, provides: “W.S. 33-15-109(a) as amended by this act shall apply to license renewal applications due on or before December 31, 2008.”

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Applicability. —

Laws 2021, ch. 107, § 2, provides: "The provisions of this act shall apply to the 2021-2022 application cycle for the board of dental examiners."

§ 33-15-110. Certificate entitles dentist to practice in any county; lost certificates.

The certificate provided for in this act entitles the holder to practice dentistry in any county in Wyoming. The board, upon satisfactory proof of loss of the certificate issued under this act, shall issue a new certificate. The cost of replacement shall be determined by the board and paid by the person requesting replacement.

History. Laws 1937, ch. 122, § 3; C.S. 1945, § 37-1110; W.S. 1957, § 33-202; Laws 1969, ch. 35, § 10; Rev. W.S. 1957, § 33-192.10; Laws 1981, ch. 172, § 1.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-111. List of licensees filed with board office.

The board shall annually publish a list of all dentists and dental hygienists licensed under this act. The list shall contain the name and address of each dentist and dental hygienist and such other information as the board deems advisable. The board office shall furnish copies to the public upon request or by access to the board’s website.

History. Laws 1937, ch. 122, § 4; C.S. 1945, § 37-1111; W.S. 1957, § 33-204; Laws 1969, ch. 35, § 11; Rev. W.S. 1957, § 33-192.11; Laws 1981, ch. 172, § 1; 2007, ch. 210, § 2.

The 2007 amendment, effective July 1, 2007, inserted “The board shall annually publish a” at the beginning of the paragraph, substituted “The” for “shall be published by the board each year. This” following “licensed under this act”, substituted “and” for “or” following “of each dentist”, substituted “office shall” for “shall place a copy of the list on file in the office of the secretary of state who shall” preceding “furnish copies to the public” and inserted “or by access to the board's website” at the end of the paragraph.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-112. Grounds and procedure for revocation or suspension of license.

The board may refuse to issue or renew a license, may suspend or revoke a license, may reprimand, restrict or impose conditions on the practice of a dentist for any one (1) or more of the following causes:
1. Conviction of, entry of a plea of nolo contendere to or entry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felony or misdemeanor that relates adversely to the practice of dentistry or the ability to practice dentistry;
2. Renting or loaning to another person the dentist’s license or diploma to be used as a license or diploma for the other person;
3. Unprofessional conduct as defined in rules and regulations of the board;
4. Advertising or soliciting patients, in any form of communication, in a manner that is false or misleading in any material respect;
5. Being unfit or incompetent to practice dentistry for any reason, including but not limited to:
  1. Inability to practice dentistry with reasonable skill and safety because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance;
  2. Performance of unsafe dental practice or failure to conform to the standards of acceptable professional dental practice, whether or not actual injury results.
6. Professional discipline by a professional licensing board in any jurisdiction;
7. Fraud, deceit or misrepresentation in providing any information or record to the board; or
8. Willful violation of any provisions of this act or rules and regulations of the board.
The proceedings under this section may be taken by the board from matters within its knowledge or upon information from another. If the informant is a member of the board, the other members of the board shall judge the accused. All complaints shall be in writing, verified by some party familiar with the facts alleged or by additional information or data which supports the complaint and shall be filed with the board. Upon receiving the complaint, the board shall proceed as in a contested case under the Wyoming Administrative Procedure Act and rules and regulations of the board. Upon revocation of any license, the fact shall be noted upon the records of the board and the license shall be marked cancelled upon the date of its revocation.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1937, ch. 122, § 10; C.S. 1945, § 37-1117; W.S. 1957, § 33-207; Laws 1969, ch. 35, § 12; Rev. W.S. 1957, § 33-192.12; Laws 1979, ch. 74, § 1; 1981, ch. 172, § 1; 1997, ch. 128, § 2; 2007, ch. 210, § 2.

The 2007 amendment, effective July 1, 2007, rewrote section generally.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Law reviews. —

See “Scope of Review of Decision of an Administrative Agency in Wyoming,” 9 Wyo. L.J. 65 (1954).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statute or rule making specified conduct or condition the ground for cancellation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

Admissibility and necessity of expert evidence in proceeding for revocation of license, 6 ALR2d 675.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Alcoholism, narcotics addiction or misconduct with respect to alcohol or narcotics as ground for revocation or suspension of license to practice dentistry, 93 ALR2d 1398.

Revocation or suspension of dentist's license for false claims, reports or bills in connection with personal injury litigation, 95 ALR2d 873.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Improper or immoral conduct toward female patient as ground for disciplinary measure against physician or dentist, 15 ALR3d 1179.

Professional incompetency as ground for disciplinary measure against physician or dentist, 28 ALR3d 487.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims for services provided under Medicaid, Medicare or similar welfare program, 50 ALR3d 549.

Wrongful or excessive prescription of drugs as ground for revocation or suspension of physician's or dentist's license to practice, 22 ALR4th 668.

Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist or other licensed healer, 59 ALR4th 1104.

Filing of false insurance claims for medical services as ground for disciplinary action against dentist, physician or other medical practitioner, 70 ALR4th 132.

Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon or dentist, 74 ALR4th 969.

Wrongful or excessive prescription of drugs as ground for revocation or suspension of physician's or dentist's license to practice. 19 A.L.R.6th 577.

§ 33-15-113. [Repealed.]

Repealed by Laws 2007, ch. 210, § 3.

Editor's notes. —

This section, which derived from Laws 1937, ch. 122, § 5, related to certificate of the secretary of state being prime facie proof that person is not entitled to practice dentistry.

§ 33-15-114. Persons deemed to be practicing dentistry; work authorizations from licensed dentist.

Except as provided by paragraph (xii) of this subsection, any person is deemed to be practicing dentistry within the meaning of this act:
1. Who performs, or attempts, or advertises to perform, or causes to be performed by the patient or any other person, or instructs in the performance of any dental operation or oral surgery or dental service of any kind gratuitously or for a salary, fee, money or other remuneration paid, or to be paid, directly or indirectly, to himself or to any other person or agency;
2. Who is a manager, proprietor, operator or a conductor of a place where dental operations, oral surgery or dental services are performed;
3. Who directly or indirectly by any means or method furnishes, supplies, constructs, reproduces or repairs any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth, or places such appliance or structure in the human mouth or attempts to adjust the same;
4. Who advertises to the public by any method to furnish, supply, construct, reproduce or repair any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth;
5. Who diagnoses or professes to diagnose, prescribes for or professes to prescribe for, treats or professes to treat disease, pain, deformity, deficiency, injury or physical condition of human teeth or jaws, or adjacent structure;
6. Who extracts or attempts to extract human teeth, or corrects or professes to correct malpositions of teeth or of the jaw;
7. Who gives or professes to give interpretations or readings of dental radiographs;
8. Who administers an anesthetic of any nature in connection with dental operations;
9. Who uses the words “dentist”, “dental surgeon” or “oral surgeon”, the letters “D.D.S.”, “D.M.D.” or any other words, letters, title or descriptive matter which in any way represents him as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury or physical condition of human teeth or jaws, or adjacent structures;
10. Who states or advertises or permits to be stated through any medium of communication that the licensee can perform or will attempt to perform dental treatment or render a diagnosis in connection therewith; or
11. Who engages in any of the practices included in the curriculum of an approved dental college;
12. A dental laboratory or dental technician is not practicing dentistry within the meaning of this act when engaged in the construction, making, alteration or repairing of bridges, crowns, dentures or other prosthetic or surgical appliances, or orthodontic appliances if the casts or molds or impressions upon which the work is constructed have been made by a regularly licensed and practicing dentist, and if all crowns, bridges, dentures or prosthetic appliances, surgical appliances or orthodontic appliances are returned to the dentist upon whose order the work is constructed.
Any licensed dentist who employs or engages the service of any person, firm or corporation to construct, reproduce, make, alter or repair bridges, crowns, dentures or other prosthetic, surgical or orthodontic appliances shall furnish the person with a written work authorization on forms prescribed by the board, which contain:
1. The name and address of the person to whom the work authorized is directed;
2. The patient’s name or identification number, but if only a number is used the patient’s name shall be written upon the duplicate copy of the work authorization retained by the dentist;
3. The date on which the work authorization was written;
4. A description of the work to be done, including diagrams, if necessary;
5. A specification of the type and quality of the material to be used;
6. The signature of the dentist and the number of his license to practice dentistry.
The person, firm or corporation receiving a work authorization from a licensed dentist shall retain the original work authorization and the dentist shall retain the duplicate copy for inspection at any reasonable time by the board or its authorized agents for two (2) years from date of issuance.

History. Laws 1969, ch. 35, § 14; W.S. 1957, § 33-192.14; Laws 1981, ch. 172, § 1; 2007, ch. 210, § 2.

The 2007 amendment, effective July 1, 2007, in (a)(vii) substituted “radiographs” for “roentgenograms” at the end of sentence; in (a)(x) substituted “through any medium of communication that the licensee” for “or advertised by a sign, card, circular, handbill, newspaper, radio or otherwise that he” following “permits to be stated” and substituted “treatment” for “operations” preceding “or render a diagnosis.”

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Dentist unauthorized to practice general nondental anesthesiology. —

A person licensed to practice dentistry in Wyoming who has special training and experience in the field of general anesthesia, but is not a licensed physician in Wyoming, is not authorized to practice general anesthesiology for nondental purposes. The restrictive language as used by the legislature in the Wyoming Dental Practice Act limits those licensed by that act to the practice of anesthesiology solely for purposes in connection with the oral cavity region. Also, the practice of general nondental anesthesiology is considered the “practice of medicine” as defined by the Paravecchio v. Memorial Hosp., 742 P.2d 1276, 1987 Wyo. LEXIS 507 (Wyo. 1987), reh'g denied, 1987 Wyo. LEXIS 523 (Wyo. Oct. 7, 1987), overruled in part, Torres v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2004 WY 92, 95 P.3d 794, 2004 Wyo. LEXIS 119 (Wyo. 2004).

Required licensure of general nondental anesthesiologists constitutional. —

No offense was dealt the equal protection clause of the United States constitution or the Wyoming state constitution by requiring that general nondental anesthesiologists be properly licensed as physicians under the Wyoming Medical Practice Act, and not just be declared qualified anesthesiologists by an accredited residency program. Paravecchio v. Memorial Hosp., 742 P.2d 1276, 1987 Wyo. LEXIS 507 (Wyo. 1987), reh'g denied, 1987 Wyo. LEXIS 523 (Wyo. Oct. 7, 1987), overruled in part, Torres v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2004 WY 92, 95 P.3d 794, 2004 Wyo. LEXIS 119 (Wyo. 2004).

Denturist not licensed to practice dentistry. —

District court properly upheld ruling of Wyoming Board of Dental Examiners that “denturist” was practicing dentistry without a license as a matter of law, rejecting argument that denturist was involved in the “mechanical task” of creating a prosthetic, not in curing disease; denturist's services violated Wyo. Stat. Ann. § 33-15-114 because he personally examined his customers, created their dentures, and later adjusted those dentures, if necessary. Vollan v. Wyo. Bd. of Dental Exam'rs, 2007 WY 132, 165 P.3d 103, 2007 Wyo. LEXIS 141 (Wyo. 2007).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice dentistry from owning, maintaining, or operating an office therefor, 20 ALR2d 808.

Regulation of prosthetic dentistry, 45 ALR2d 1243.

Single or isolated transaction as falling within provisions of licensing requirements, 93 ALR2d 90.

Practicing medicine, surgery, dentistry, optometry, podiatry, or other healing arts without license as a separate or continuing offense, 99 ALR2d 654.

§ 33-15-115. Persons to whom chapter inapplicable.

Nothing in this act contained applies:
1. To a legally qualified medical doctor;
2. To a legally qualified dental hygienist or dentist engaged in full-time duties with the United States armed forces, public health service, veterans administration or other federal agencies;
3. To a legally qualified dental hygienist or dentist of another state making a clinical demonstration before a meeting of dentists or dental auxiliaries; or
4. To dental and dental hygiene students actively enrolled in any American Dental Association accredited dental educational program performing services as a part of the curriculum of that program under the direct supervision of a Wyoming licensed dentist or Wyoming licensed dental hygienist instructor.

History. Laws 1969, ch. 35, § 15; W.S. 1957, § 33-192.15; Laws 1981, ch. 172, § 1; 1993, ch. 81, § 1.

Editor's notes. —

There is no subsection (b) of this section as it appears in the printed acts.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-116. Certain persons prohibited from soliciting patronage of general public.

No person engaged in business of constructing, altering or repairing bridges, crowns, dentures or other prosthetic appliances, surgical appliances or orthodontic appliances shall directly or indirectly solicit the patronage of the general public.

History. Laws 1969, ch. 35, § 16; W.S. 1957, § 33-192.16; Laws 1981, ch. 172, § 1.

§ 33-15-117. Dental laboratory technicians.

Dentists may employ one (1) or more dental laboratory technicians who work only under the direction and supervision of the dentist and who shall not be permitted under any circumstances to do any work upon any patient. Dental laboratory technicians shall not be allowed to do laboratory work of any kind except at the direction of dentists duly licensed to practice, and then only upon written prescription issued by the dentists.

History. Laws 1937, ch. 122, § 7; C.S. 1945, § 37-1114; W.S. 1957, § 33-206; Laws 1969, ch. 35, § 17; Rev. W.S. 1957, § 33-192.17; Laws 1981, ch. 172, § 1.

Cross references. —

As to dental hygienists, see § 33-15-119 et seq.

§ 33-15-118. [Repealed.]

Repealed by Laws 1981, ch. 172, § 3.

Editor's notes. —

This section, which derived from Laws 1969, ch. 35, § 18, related to use of certain initials or words as evidence of the practice of dentistry.

§ 33-15-119. Dental hygienists; generally.

Any dentist authorized to practice dentistry within the state may employ dental hygienists who shall be examined and possess the qualifications provided in this act. A dental hygienist may perform any services for a patient which are consistent with what dental hygienists are trained to do in accredited dental hygiene schools accredited by the commission on dental accreditation of the American Dental Association. Hygienists shall not perform any other operation on the teeth or mouth and shall be regulated by the rules and regulations promulgated by the board. The above services shall be performed under the supervision of a licensed dentist. Dental hygienists shall practice in the office of any licensed dentist, or in any public or private institution under the supervision of a licensed dentist. The board may revoke or suspend the license of any dentist who permits any dental hygienist operating under his supervision to perform any operations or functions other than those permitted under this act.

History. Laws 1921, ch. 9, § 1; R.S. 1931, § 34-201; C.S. 1945, § 37-1119; W.S. 1957, § 33-211; Laws 1969, ch. 35, § 19; Rev. W.S. 1957, § 33-192.19; Laws 1979, ch. 74, § 1; 1981, ch. 172, § 1; 2007, ch. 210, § 2.

Cross references. —

As to laboratory technicians, see § 33-15-117 .

The 2007 amendment, effective July 1, 2007, deleted “remove calcareous deposits, accretions and stains from the teeth and may” following “A dental hygienist may”, inserted “accredited by the commission on dental accreditation of the American Dental Association” at the end of the second sentence, deleted the former fifth sentence, deleted “dental hygienist for violating any provision hereof, and may revoke or suspend the license of any” following “suspend the license of any” and inserted “or functions” preceding “other than those permitted.”

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutionality, construction and application of statute relating to dental hygienists, 11 ALR2d 724.

§ 33-15-120. Dental hygienists; qualifications; examination; fees and license.

Any person who has a background that does not evidence conduct adverse to the practice of dental hygiene or to the ability to practice dental hygiene who is a graduate of a dental hygiene program accredited by the commission on dental accreditation of the American Dental Association, who has passed a written, clinical and state examination as determined by rule of the board may apply to the board to have the person’s qualifications considered for licensure to practice dental hygiene.
If the applicant fails the board examination three (3) times, he shall show evidence of additional education to the satisfaction of the board before reexamination.
If the applicant successfully completes the requirements for licensure, the applicant shall be licensed as a dental hygienist. If the expanded duties applicant has successfully met the requirements for expanded duties, the applicant shall be certified in those expanded duties. The certificate issued by the board shall list the expanded duties which the hygienist is qualified and permitted to perform. On or before December 31 of every second year, each dental hygienist licensed to practice dental hygiene and wishing to continue in the practice of dental hygiene shall submit a license renewal application with the applicable renewal fee. The renewal certificate shall be made available to the supervising dentist. Any license granted by the board shall expire if the holder fails to secure the renewal certificate within three (3) months after the date that the license renewal application is required to be submitted. Any license that has expired may be restored by the board upon payment of a fee set by the board, if paid by December 31 of the year the license expired.
Any dental hygienist whose application for renewal indicates that the hygienist has not actively practiced dental hygiene or engaged in teaching dental hygiene for the preceding five (5) years shall be issued a renewal certificate only after demonstrating to the board that the hygienist has maintained the qualifications set forth in this act. The board may require reexamination if it finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee under this act.
The board shall promulgate reasonable rules and regulations for the licensure of dental hygienists and the practice of dental hygiene, and may prescribe continuing education requirements for renewal certificates and relicensure.

History. Laws 1921, ch. 9, § 2; R.S. 1931, § 34-202; C.S. 1945, § 37-1120; Laws 1955, ch. 242, § 5; W.S. 1957, § 33-212; Laws 1969, ch. 35, § 20; Rev. W.S. 1957, § 33-192.20; Laws 1979, ch. 74, § 1; 1981, ch. 172, § 1; 2007, ch. 210, § 2; 2009, ch. 181, § 1; 2018 ch. 107, § 2, effective July 1, 2018; 2021 ch. 107, § 1, effective July 1, 2021.

The 2007 amendment, effective July 1, 2007, rewrote section generally.

The 2009 amendment, in (a), in the first sentence, substituted “who has passed in a manner satisfactory to the board” for “who has completed in a manner satisfactory to the board” and substituted “who passes any clinical board” for “who has completed any clinical board.”

The 2018 amendment, effective July 1, 2018, in (a), substituted “who has a background that does not evidence conduct adverse to the practice of dental hygiene or to the ability to practice dental hygiene” for “of good moral character” following “Any person.”

The 2021 amendment , effective July 1, 2021, in the first sentence of (a), substituted "a written, clinical and state examination as determined" for "in a manner satisfactory to the board the dental hygiene national board examination administered by the joint commission on national dental examinations of the American Dental Association and who passes any clinical board accepted" and added "rule of" preceding "the board may," deleted the former second sentence, which read, "Applicants shall be required to pass a written examination satisfactory to the board"; in (c), substituted "of every second" for "each" in the fourth sentence, in the sixth sentence, substituted "expire" for "be cancelled after ten (10) days notice by registered mail," "the date that the license renewal application is required to be submitted" for "December 31 each year," in the last senence, substituted "that has expired" for "cancelled" and "expired" for "was cancelled."

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

Applicability. —

Laws 2021, ch. 107, § 2, provides: "The provisions of this act shall apply to the 2021-2022 application cycle for the board of dental examiners."

§ 33-15-121. Grounds and proceedings for suspension of, revocation of, or refusal to renew license.

The board may refuse to issue or renew, or may suspend or revoke, the license of any dental hygienist for any of the following causes:
1. Conviction of, entry of a plea of nolo contendere to or entry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felony or misdemeanor that relates adversely to the practice of dental hygiene or the ability to practice dental hygiene;
2. Unprofessional conduct, as defined in rules and regulations of the board;
3. Advertising or soliciting patients, in any form of communication, in a manner that is false or misleading in any material respect;
4. Renting or loaning to another person the hygienist’s license or diploma to be used as a license or diploma for the other person;
5. Being unfit or incompetent to practice dental hygiene for any reason, including but not limited to:
  1. Inability to practice dental hygiene with reasonable skill and safety because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance; or
  2. Performance of unsafe dental hygiene practice or failure to conform to the standards of acceptable professional dental hygiene practice, whether or not actual injury results.
6. Professional discipline by a professional licensing board in any jurisdiction;
7. Fraud, deceit or misrepresentation in providing any information or record to the board; or
8. For willful violation of any provision of this act or rules and regulations of the board.
All proceedings by the board pursuant to subsection (a) of this section shall be as set forth in W.S. 33-15-112(b) for the revocation or suspension of a dentist’s license.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1937, ch. 122, § 10; C.S. 1945, § 37-1117; W.S. 1957, § 33-207; Laws 1969, ch. 35, § 21; Rev. W.S. 1957, § 33-192.21; Laws 1979, ch. 74, § 1; 1981, ch. 172, § 1; 1997, ch. 128, § 2; 2007, ch. 210, § 2.

The 2007 amendment, effective July 1, 2007, rewrote section generally.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-122. [Repealed].

Repealed by Laws 2007, ch. 210, § 3.

Editor's notes. —

This section, which derived from Laws 1905, ch. 89, § 10, related to reciprocity granted to dentists licensed in other states.

§ 33-15-123. Duties of other dental auxiliary.

Duties of all other dental auxiliary personnel not mentioned in this act shall be set and governed by the rules and regulations of the board.

History. Laws 1969, ch. 35, § 23; W.S. 1957, § 33-192.23; Laws 1981, ch. 172, § 1.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-124. Violations.

Any person who practices dentistry without being properly qualified and licensed, or who violates any provisions of this act is subject to a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not more than two (2) years in the penitentiary, or both. Each separate violation of this act constitutes a separate offense.

History. Laws 1937, ch. 122, § 11; C.S. 1945, § 37-1118; W.S. 1957, § 33-209; Laws 1969, ch. 35, § 24; Rev. W.S. 1957, § 33-192.24; Laws 1981, ch. 172, § 1.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-125. [Repealed.]

Repealed by Laws 1981, ch. 172, § 3.

Editor's notes. —

This section, which derived from Laws 1969, ch. 35, § 25, related to prosecutions.

§ 33-15-126. Regulation of proceedings relating to revocation or suspension of licenses.

All proceedings before the board relating to the revocation or suspension of licenses shall be conducted according to the Wyoming Administrative Procedure Act, except appeals under the Wyoming Administrative Procedure Act shall not be allowed for revocations, suspensions or other restrictions imposed on licenses pursuant to W.S. 33-15-112(c) or 33-15-121(c).

History. Laws 1969, ch. 35, § 26; W.S. 1957, § 33-192.26; Laws 1981, ch. 172, § 1; 1997, ch. 128, § 2.

§ 33-15-127. Action for injunction.

The board in its own name may bring an action for an injunction, and courts of this state may enjoin any person from violation of this act. Such proceedings shall be prosecuted by the attorney general’s office or by private counsel.

History. Laws 1969, ch. 35, § 27; W.S. 1957, § 33-192.27; Laws 1981, ch. 172, § 1.

Meaning of “this act.” —

For meaning of “this act,” see § 33-15-128(a)(xviii).

§ 33-15-128. Definitions.

As used in this act:
1. “Board” means the Wyoming board of dental examiners established by this act;
2. “Dentistry” means the healing art practiced by a dentist which is concerned with the examination, diagnosis, treatment, planning and care of conditions within the human oral cavity and its adjacent tissues and structures;
3. “Dentist” means a person who performs any intraoral and extraoral procedure required in the practice of dentistry and to whom is reserved:
  1. The responsibility for final diagnosis of conditions within the human mouth and its adjacent tissues and structures;
  2. The responsibility of the final treatment plan of any dental patient;
  3. The responsibility for prescribing drugs which are administered to patients in the practice of dentistry;
  4. The responsibility for overall quality of patient care which is rendered or performed in the practice of dentistry regardless of whether the care is rendered personally by the dentist or by a dental auxiliary; and
  5. Other specific services within the scope of the practice of dentistry.
4. “Dental” means pertaining to dentistry;
5. “Dental hygienist” means a person who is supervised by a dentist and is licensed to render the educational, preventive and therapeutic dental services defined in this act, as well as any extraoral procedure required in the practice of a dental hygienist’s duties;
6. “Dental assistant” means a person who is supervised by a dentist and renders assistance to a dentist, dental hygienist, dental technician or another dental assistant as described in this act;
7. “Dental laboratory” means an enterprise engaged in making, repairing, providing or altering oral prosthetic appliances and other artificial materials and devices which are returned to the dentist and inserted into the human mouth or which come into contact with its adjacent structures and tissues;
8. “Dental laboratory technician” means a person who, at the direction of a licensed dentist, makes, provides, repairs or alters oral prosthetic appliances and other artificial devices which are inserted into the human mouth or which come into contact with the human mouth and its adjacent tissues and structures. A dental technician is a dental prosthetic auxiliary working under the supervision of a licensed dentist;
9. “Dental auxiliary” means any person who works under the supervision of a dentist and who provides dental care services to a patient;
10. “Supervision” of a dental auxiliary means the act of directing or overseeing duties performed by a dental auxiliary, as defined by rules and regulations of the board;
11. Repealed by Laws 2007, ch. 210, § 3.
12. “Proprietor” includes any person who:
  1. Employs dentists, dental hygienists or dental auxiliaries in the operation of a dental office, except as defined in this act; or
  2. Places in the possession of a dentist, dental hygienist or dental auxiliary or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or
  3. Retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists, dental hygienists, dental auxiliaries or any other agents, excepting that nothing in this subparagraph shall apply to bona fide sales of dental equipment or material secured by a chattel mortgage or retain-title agreement or the loan of articulators.
13. “Expanded duties” means those patient’s services which are beyond those regularly practiced by dental hygienists or dental technicians or other dental auxiliary functions and which require additional education which shall be approved by the board of dental examiners of Wyoming and are to be performed under the direct supervision of a licensed dentist;
14. “Specialty” means a special area of dental practice for ethical specialty announcement and limitation of practice which are dental public health, endodontics, oral pathology, oral and maxillofacial surgery, orthodontics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiology and any other specialty area recognized by the board of dental examiners of Wyoming;
15. “Radiograph” means the film used with an x-ray machine and includes the product of a film exposed by an x-ray machine;
16. “X-ray machine” means an assemblage of components for the controlled production of x-rays. It includes at a minimum an x-ray high voltage generator, an x-ray control, a tube housing assembly, a beam limiting device and the necessary supporting structures;
17. “This act” means W.S. 33-15-101 through 33-15-133 and may be cited as the “Wyoming Dental Practice Act”.

History. Laws 1981, ch. 172, § 1; 1990, ch. 113, § 2; 2003, ch. 116, § 2; 2007, ch. 210, §§ 2, 3.

The 2007 amendment, effective July 1, 2007, in (a), inserted “licensed” in two places in (viii), repealed former (xi), which pertained to the definition of “‘Unprofessional conduct,’” substituted “pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiology” for “pedodontics, periodontics, prostodontics” in (xiv), substituted “33-15-133” for “33-15-131” in (xvii), and made stylistic changes.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Denturist not licensed to practice dentistry. —

Applied in

Paravecchio v. Memorial Hosp., 742 P.2d 1276, 1987 Wyo. LEXIS 507 (Wyo. 1987).

§ 33-15-129. Radiograph use permits.

Any dental assistant who places or exposes radiographs shall hold a radiograph use permit.
Any licensed dentist using an x-ray machine shall have that machine inspected by a qualified radiation expert periodically as determined by the board.
The board shall promulgate reasonable rules and regulations necessary for granting or revoking a radiograph use permit and for inspection of x-ray machines.

History. Laws 1990, ch. 113, § 1.

§ 33-15-130. General anesthesia or parenteral sedation permit.

Any dentist licensed under this act who administers general anesthesia or parenteral sedation shall apply for and receive a general anesthesia or parenteral sedation permit. The permit shall be issued to a licensed dentist who passes an appropriate examination and has the necessary equipment as defined by the board.
The board shall provide for the inspection of the anesthesia and sedation equipment of permitted dentists on a regular basis to insure the equipment is of the appropriate type and is in working order.
Any dentist using general anesthesia or parenteral sedation without a permit may have his license revoked or suspended.
The board shall promulgate reasonable rules and regulations, including establishing examination fees, as necessary to carry out this section.

History. Laws 1990, ch. 113, § 1.

Meaning of “this act.” —

For the definition of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-131. Dentist and dental hygienist volunteer license.

As used in this section:
1. “Low income uninsured person” means a person who meets all of the following requirements:
  1. The person’s income is not greater than two hundred percent (200%) of the current poverty level as defined by federal law, as amended;
  2. The person currently is not receiving medical, disability or other assistance under any federal or state government health care program; and
  3. Either of the following applies:
    1. The person is not a policyholder, certificate holder, insured, contract holder, subscriber, enrollee, member, beneficiary or other covered individual under a health insurance or health care policy, contract or plan; or
    2. The person is a policyholder, certificate holder, insured, contract holder, subscriber, enrollee, member, beneficiary or other covered individual under a health insurance or health care policy, contract or plan, but the insurer, policy, contract or plan denies coverage or is the subject of insolvency or bankruptcy proceedings in any jurisdiction.
2. “Nonprofit health care facility” means a charitable nonprofit corporation or association organized and operated under title 17, chapter 19 or 22 of the Wyoming statutes, or any charitable organization not organized and not operated for profit, that provides health care services to low income uninsured persons, except that “health care facility” does not include a hospital, including a swing bed hospital, facility or center defined under W.S. 35-2-901 or any other medical facility that is operated for profit.
For purposes of this section, a person shall be considered retired from practice if the person’s license or certificate has expired.
The state board of dental examiners may issue, with or without examination, a volunteer’s certificate to a person who is retired from practice so that the person may provide dental services to low income uninsured persons at nonprofit health care facilities. The board shall deny issuance of a volunteer’s certificate to a person who is not qualified under this section to hold a volunteer’s certificate.
An application for a volunteer’s certificate shall include all of the following:
1. A copy of the applicant’s dentistry or dental hygienist degree;
2. One (1) of the following, as applicable:
  1. A copy of the applicant’s most recent license or certificate authorizing the practice of dentistry or dental hygiene issued by a jurisdiction in the United States that licenses persons to practice dentistry or dental hygiene; or
  2. A copy of the applicant’s most recent license equivalent to a license to practice dentistry or dental hygiene in one (1) or more branches of the United States armed services that the United States government issued.
3. Evidence of one (1) of the following, as applicable:
  1. That the applicant has maintained for at least ten (10) years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice as a dentist or dental hygienist; or
  2. That the applicant has practiced for at least ten (10) years immediately prior to retirement in good standing as a dentist or dental hygienist in one (1) or more of the branches of the United States armed services; and
4. A notarized statement from the applicant, on a form prescribed by the board, that the applicant:
  1. Will not accept any form of remuneration for any dental or dental hygiene services rendered while in possession of a volunteer’s certificate;
  2. Will devote his practice exclusively and totally to providing dental or dental hygiene services to low income uninsured persons at a nonprofit health care facility in this state; and
  3. Will provide any other documentation that the board reasonably may require.
The holder of a volunteer’s certificate may provide dental or dental hygiene services only on the premises of a nonprofit health care facility in this state and only to low income uninsured persons. The holder shall not accept any form of remuneration for providing dental or dental hygiene services while in possession of the certificate. The board may revoke a volunteer’s certificate on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the certificate.
A volunteer’s certificate shall be valid for a period of one (1) year, unless earlier revoked under subsection (e) of this section or pursuant to title 33, chapter 15 of the Wyoming statutes. A volunteer’s certificate may be renewed upon the application of the holder. The board shall maintain a register of all persons who hold volunteer’s certificates. The board shall not charge a fee for issuing or renewing a certificate pursuant to this section.
To be eligible for renewal of a volunteer’s certificate, the holder of the certificate shall certify to the board completion of any continuing education required under this act as if the holder of the certificate were in active practice. The board shall not renew a certificate if the holder has not complied with the continuing education requirements. The nonprofit health care facility in which the holder provides dental or dental hygiene services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education.
The board shall issue to each person who qualifies under this section a volunteer’s certificate that states the certificate holder is authorized to provide dental or dental hygiene services pursuant to the laws of this state.
Except as provided in this section, any person holding a volunteer’s certificate issued by the board under this section shall be subject to the requirements of this act and the jurisdiction of the board as if he were licensed to practice dentistry or dental hygiene under this act.
The board shall adopt rules to administer and enforce this section.

History. Laws 2003, ch. 116, § 1.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” see § 33-15-128(a)(xvii).

§ 33-15-132. Immunity from personal liability.

Members, agents and employees of the board and any person reporting information to the board under oath shall be immune from personal liability with respect to acts done and actions taken in good faith without fraud or malice.
The immunity provided by this section shall extend to the members of any professional review committee, investigators and witnesses appearing before the board.

History. Laws 2007, ch. 210, § 1.

Effective dates. —

Laws 2007, ch. 210, § 4, makes the act effective July 1, 2007.

§ 33-15-133. Temporary educator's license.

A temporary license may be issued to any dentist or dental hygienist who has applied for licensure and who exhibits good standing in another jurisdiction of the United States or Canada and has qualified for the requirements to be employed as an instructor at a dental hygiene school.
The temporary educator’s license shall be valid only until the meeting of the board at which the educator’s application for standard licensure is considered.
The temporary educator license does not permit the licensee to practice outside of the educational institution at which the licensee is employed as an instructor.

History. Laws 2007, ch. 210, § 1.

Effective dates. —

Laws 2007, ch. 210, § 4, makes the act effective July 1, 2007.

Chapter 16 Embalmers, Funeral Directors, Undertakers and Crematories

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to prepaid or prearranged funeral contracts, see §§ 26-32-101 through 26-32-103 .

For general provisions relative to public health and safety, see title 35.

Am. Jur. 2d, ALR and C.J.S. references. —

38 Am. Jur. 2d Funeral Directors and Embalmers § 1 et seq.

Validity of statute or ordinance in relation to funeral directors and embalmers, 89 ALR2d 1338.

Construction and application of zoning regulations in connection with funeral homes, 92 ALR3d 328.

Civil liability of undertaker in connection with transportation, burial or safeguarding of body, 53 ALR4th 360.

Dead bodies: liability for improper manner of reinterment, 53 ALR4th 394.

Construction and effect of contracts or insurance policies providing preneed coverage of burial expense or services, 67 ALR4th 36.

Validity, construction, and application of statutes or ordinances regulating perpetual-care trust funds of cemeteries and mausoleums, 54 ALR5th 681.

Article 1. In General

§ 33-16-101. [Repealed.]

History. Laws 1913, ch. 64, § 5; C.S. 1920, § 3630; Laws 1925, ch. 57, § 1; 1929, ch. 137, § 1; R.S. 1931, § 37-104; Laws 1933, ch. 128, § 1; 1937, ch. 54, § 1; C.S. 1945, § 37-1204; W.S. 1957, § 33-14; Laws 1973, ch. 213, § 2; 1975, ch. 31, § 1; 1979, ch. 115, § 1; 1991, ch. 112, § 1; ch. 221, § 2; 1993, ch. 131, § 1; 1997, ch. 128, § 2; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-102. [Repealed.]

History: Laws 1913, ch. 64, § 14; C.S. 1920, § 3639; R.S. 1931, § 37-113; C.S. 1945, § 37-1214; W.S. 1957, § 33-215; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 14 , related to embalmers register.

§ 33-16-103. [Repealed.]

History: Laws 1933, ch. 120, § 1; C.S. 1945, § 37-1205; W.S. 1957, § 33-216; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1933, ch. 120, § 1, related to foreign licenses of embalmers.

§ 33-16-104. [Repealed.]

History: Laws 1913, ch. 64, § 6; C.S. 1920, § 3631; Laws 1925, ch. 57, § 1; R.S. 1931, § 37-105; C.S. 1945, § 37-1206; W.S. 1957, § 33-217; Laws 1969, ch. 156, § 1; 1975, ch. 31, § 1; 1993, ch. 131, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 6 , related to embalmers annual renewal of registration.

§ 33-16-105. [Repealed.]

History: Laws 1913, ch. 64, § 13; C.S. 1920, § 3638; R.S. 1931, § 37-112; C.S. 1945, § 37-1213; W.S. 1957, § 33-218; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 13, related to embalmers exempt from jury service.

§ 33-16-106. [Repealed.]

History: Laws 1913, ch. 64, § 7; C.S. 1920, § 3632; R.S. 1931, § 37-106; C.S. 1945, § 37-1207; W.S. 1957, § 33-219; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 7, related to unlawful practice and transportation of embalmers.

§ 33-16-107. [Repealed.]

History: Laws 1913, ch. 64, § 10; C.S. 1920, § 3635; R.S. 1931, § 37-109; C.S. 1945, § 37-1210; W.S. 1957, § 33-220; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 10, related to privileges of embalmers as to use of bodies for dissecting, demonstrating or teaching.

§ 33-16-108. [Repealed.]

History: Laws 1913, ch. 64, § 11; C.S. 1920, § 3636; R.S. 1931, § 37-110; C.S. 1945, § 37-1211; W.S. 1957, § 33-221; Laws 1985, ch. 212, § 3; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 11, related to when cororner's permission to embalm required.

§ 33-16-109. [Repealed.]

History: Laws 1913, ch. 64, § 12; C.S. 1920, § 3637; R.S. 1931, § 37-111; C.S. 1945, § 37-1212; W.S. 1957, § 33-222; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 12, related to .shipping pasters.

§ 33-16-110. [Repealed.]

History: Laws 1913, ch. 64, § 9; C.S. 1920, § 3634; R.S. 1931, § 37-108; C.S. 1945, § 37-1209; W.S. 1957, § 33-223; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 1913, ch. 64, § 9, related to .prohibited acts of embalmers.

§ 33-16-111. [Repealed.]

History: Laws 2003, ch. 83, § 1; 2004, ch. 130, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor's notes. —

This section, which derived from Laws 2003, ch. 83, § 1, related to .exceptions.

Article 2. State Board of Embalming

Cross references. —

As to powers and duties of state board of embalming relative to licensing, etc., of embalmers generally, see § 33-16-101 et seq.

For duty of secretary of state board of embalming to keep records on persons to whom a certificate or license has been issued relative to embalming, see § 33-16-102 .

For duty of secretary of state board of embalming to furnish copy of records showing licensed embalmers to transportation companies, see § 33-16-102 .

For provision that the state board of embalming and schools for teaching embalming shall have the same privilege as to dissecting, etc., human bodies as is granted to medical colleges, see § 33-16-107 .

For duty of state board of embalming to furnish shipping pasters to embalmers, see § 33-16-109 .

As to powers and duties of state board of embalming relative to licensing, etc., of funeral directors and undertakers, see art. 3 of this chapter.

As to crematories, see art. 4 of this chapter.

§ 33-16-201. [Repealed.]

History. Laws 1913, ch. 64, § 1; C.S. 1920, § 3626; R.S. 1931, § 37-101; C.S. 1945, § 37-1201; W.S. 1957, § 33-224; Laws 1967, ch. 39, § 1; 1971, ch. 27, § 13; 1979, ch. 17, § 2; 1987, ch. 175, § 1; 1991, ch. 221, § 2; 2009, ch. 21, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor’s notes. —

These sections, which derived from Laws 1913, ch. 64, §§ 1 through 3, 8, 15, 16, Laws 2003, ch. 83, § 1, related to State Board of Embalming.

§ 33-16-202. [Repealed.]

History: Laws 1913, ch. 64, § 2; C.S. 1920, § 3627; R.S. 1931, § 37-102; C.S. 1945, § 37-1202; W.S. 1957, § 33-225; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-203. [Repealed.]

History: Laws 1913, ch. 64, § 3; C.S. 1920, § 3628; R.S. 1931, § 37-103; C.S. 1945, § 37-1203; W.S. 1957, § 33-226; Laws 1967, ch. 39, § 2; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-204. [Repealed.]

History: Laws 1913, ch. 64, § 8; C.S. 1920, § 3633; R.S. 1931, § 37-107; C.S. 1945, § 37-1208; W.S. 1957, § 33-227; Laws 1969, ch. 156, § 2; 1979, ch. 115, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-205. [Repealed.]

History: Laws 1913, ch. 64, § 16; C.S. 1920, § 3641; R.S. 1931, § 37-115; C.S. 1945, § 37-1216; Laws 1957, ch. 244, § 1; W.S. 1957, § 33-228; Laws 1973, ch. 245, § 3; 2005, ch. 231, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-206. [Repealed.]

History: Laws 1913, ch. 64, § 15; C.S. 1920, § 3640; R.S. 1931, § 37-114; C.S. 1945, § 37-1215; W.S. 1957, § 33-229; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-207. [Repealed.]

History: Laws 2003, ch. 83, § 1; 2004, ch. 130, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Article 3. Funeral Directors and Undertakers

Cross references. —

As to the state board of embalming generally, see art. 2 of this chapter.

As to crematories, see art. 4 of this chapter.

For general provisions relating to public health and safety, see title 35.

Am. Jur. 2d, ALR and C.J.S. references. —

Funeral homes as private nuisance, 8 ALR4th 324.

§ 33-16-301. [Repealed.]

History. Laws 1939, ch. 79, § 1; C.S. 1945, § 37-1217; W.S. 1957, § 33-230; 2006, ch. 114, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-302. [Repealed.]

History: Laws 1939, ch. 79, § 2; C.S. 1939, § 37-1218; W.S. 1957, § 33-231; Laws 1986, ch. 86, § 1; 1995, ch. 195, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-303. [Repealed.]

History: Laws 1939, ch. 79, § 3; C.S. 1945, § 37-1219; W.S. 1957, § 33-232; Laws 1973, ch. 213, § 2; 1975, ch. 31, § 1; 1993, ch. 131, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-304. [Repealed.]

History: Laws 1939, ch. 79, § 4; C.S. 1945, § 37-1220; W.S. 1957, § 33-233; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-305. [Repealed.]

History: Laws 1939, ch. 79, § 5; C.S. 1945, § 37-1221; W.S. 1957, § 33-234; Laws 2004, ch. 130, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-306. [Repealed.]

History: Laws 1939, ch. 79, § 6; C.S. 1939, § 37-1222; W.S. 1957, § 33-235; Laws 1969, ch. 156, § 3; 1975, ch. 31, § 1; 1993, ch. 131, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-307. [Repealed.]

History: Laws 1939, ch. 79, § 7; C.S. 1945, § 37-1223; W.S. 1957, § 33-236; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-308. [Repealed.]

History: Laws 1939, ch. 79, § 8; C.S. 1945, § 37-1224; W.S. 1957, § 33-237; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-309. [Repealed.]

History: Laws 1939, ch. 79, § 9; C.S. 1945, § 37-1225; W.S. 1957, § 33-238; Laws 1975, ch. 31, § 1; 1993, ch. 131, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-310. [Repealed.]

History: Laws 1939, ch. 79, § 10; C.S. 1945, § 37-1226; W.S. 1957, § 33-239; Laws 1973, ch. 70, § 1; 1993, ch. 78, § 1; 1997, ch. 128, § 2; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-311. [Repealed.]

History: Laws 1939, ch. 79, § 11; C.S. 1945, § 37-1227; W.S. 1957, § 33-240; 2010, ch. 69, § 207; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-312. [Repealed.]

History: Laws 1939, ch. 79, § 12; C.S. 1945, § 37-1228; W.S. 1957, § 33-241; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-313. [Repealed.]

History: Laws 1939, ch. 79, § 13; C.S. 1945, § 37-1229; Laws 1957, ch. 244, § 2; W.S. 1957, § 33-242; Laws 1973, ch. 245, § 3; 2005, ch. 231, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-314. [Repealed.]

History: Laws 1939, ch. 79, § 14; C.S. 1945, § 37-1230; W.S. 1957, § 33-243; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-315. [Repealed.]

History: Laws 1939, ch. 79, § 15; C.S. 1945, § 37-1231; Laws 1957, ch. 16, § 1; W.S. 1957, § 33-244; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-316. [Repealed.]

History: Laws 1939, ch. 79, § 16; C.S. 1945, § 37-1232; Laws 1957, ch. 44, § 1; W.S. 1957, § 33-245; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-317. [Repealed.]

History: Laws 1939, ch. 79, § 17; C.S. 1945, § 37-1233; W.S. 1957, § 33-246; Laws 2004, ch. 130, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-318. [Repealed.]

History: Laws 2003, ch. 83, § 1; 2004, ch. 130, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Article 4. Crematories

§ 33-16-401. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Editor’s notes. —

These section, which derived from Laws 1975, ch. 63, § 1, related to crematories.

§ 33-16-402. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.2; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-403. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.3; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-404. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.4; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-405. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.5; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-406. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.6; 1993, ch. 131, § 1; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-407. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.7; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-408. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.8; 1997, ch. 128, § 2; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

§ 33-16-409. [Repealed.]

History: Laws 1975, ch. 63, § 1; W.S. 1957, § 33-246.9; repealed by 2014 ch. 31, § 2, effective July 1, 2014.

Article 5. Funeral Service Practitioners Act

§ 33-16-501. Short title.

This act may be cited as the “Funeral Service Practitioners Act”.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Editor’s notes. —

Laws 2014, Ch. 31, § 3 states as follows: “(a) The initial board of funeral service shall consist of the members of the former board of embalming as of June 30, 2014. As the current terms of board members expire, the members of the board shall be appointed as provided in W.S. 33-16-504 .

(b) All duties of the board of embalmers shall be transferred to the board of funeral service.

(c) All unexpended funds not otherwise obligated and any other property, if any, of the board of embalmers shall be transferred to the board of funeral service.

(d) Any contract, agreement or obligation entered into or assumed by the board of embalmers, if the execution or assumption was within the lawful powers of the board of embalmers, shall be assumed by the board of funeral service.

(e) Any policy, rule or regulation adopted by the board of embalmers shall remain in effect unaltered as policy, rule or regulation of the board of funeral service until amended or repealed by the board of funeral service.”

Effective date. —

Laws 2014, ch. 6, § 4, makes the act effective July 1, 2014.

§ 33-16-502. Definitions. [Effective until July 1, 2022]

As used in this act:
1. “Accredited program of funeral service education” means a funeral service education program accredited by the American Board of Funeral Service Education to teach mortuary science and other funeral service related curricula;
2. “Apprentice funeral service practitioner” means a person, who has been issued an apprentice funeral service practitioner license and is registered by the board to engage in funeral service practice, which includes all aspects of funeral directing, embalming and the final disposition of human remains, under the supervision of a funeral service practitioner licensed by the board;
3. “Board” means the Wyoming state board of funeral service practitioners;
4. “Chemical disposer” means a licensed funeral service practitioner who is also licensed by the board as a person permitted to dispose of human remains by chemical disposition;
5. “Chemical disposition” means the process by which a deceased human body is reduced to a powder by use of materials other than heat and evaporation;
6. “Chemical disposition facility” means any building or facility or part thereof engaging in the chemical disposition of human remains;
7. “Conviction” means a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere;
8. “Cremated remains” means all human remains recovered after the completion of a cremation, including pulverization that leaves only bone fragments reduced to unidentifiable dimensions;
9. “Cremation” means a technical process, using heat, which reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation does not include other processes of disposition, chemical or otherwise;
10. “Cremation chamber” means an enclosed space within which a cremation process takes place;
11. “Cremation container” means a container in which the human remains are placed in a cremation chamber for a cremation;
12. “Crematory” means the building or portion of a building that houses the cremation chamber and the holding facility;
13. “Disposition” means the final disposal of a dead human body by:
  1. Traditional burial or earth interment;
  2. Above ground burial;
  3. Cremation;
  4. Burial at sea or in any body of water, as approved by applicable law;
  5. Delivery to a medical institution or to another legally authorized person or entity as a full body donation;
  6. Chemical disposition; or
  7. Other lawful means.
14. “Embalming” means the disinfecting, preparing or preserving for final disposition of dead human bodies, in whole or in part, or any attempt to do so, by the use or application of chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection or by direct introduction into organs or cavities, or by any other method or process;
15. “Funeral director” means a person who assumes the responsibility for the operations of a particular funeral establishment or multiple funeral establishments, or crematory or multiple crematories, or a chemical disposition facility or multiple chemical disposition facilities, who ensures that the funeral establishment, crematory or chemical disposition facility complies with this chapter and all other laws under which the funeral establishment, crematory or chemical disposition facility is operated, who is permitted by law to perform funeral directing and who:
  1. Has been licensed prior to July 1, 2014 by the board of embalming as a funeral director; or
  2. Is a licensed funeral service practitioner.
16. “Funeral establishment,” “mortuary,” “funeral home” or “funeral chapel” means a place of business which has been issued a funeral establishment permit by the board to conduct business at a specific street address or location which is devoted to the embalming of dead human bodies for burial, cremation, chemical disposition, transportation or other disposition;
17. “Funeral service practice,” means the all-encompassing combined practice of funeral directing or undertaking, and embalming, and includes the practice of conducting and overseeing all activities related to the disposition of human remains. “Funeral service practice” includes all of the following unless exempted from this act pursuant to W.S. 33-16-529 :
  1. Counseling individuals, families or next of kin about the final disposition of human remains;
  2. Directing or supervising funerals;
  3. Providing for or maintaining a funeral establishment;
  4. Making pre-need or at-need contractual arrangements for funerals, memorial services, celebrations of life, wakes or any similar service or activities;
  5. Removal and transportation of dead human bodies from the location of death or any other location for the purpose of final disposition;
  6. Preparing dead human bodies for viewing or final disposition, other than by embalming, cremation or chemical disposition;
  7. Maintaining a mortuary for the preparation, disposition or care of dead human bodies;
  8. Representing oneself as or using in connection with one’s name the title of funeral director, mortician, funeral service practitioner or any other title implying that the person is engaged in the business of funeral directing; and
  9. Obtaining burial or removal permits or assuming other duties incidental to the practice of embalming.
18. “Funeral service practitioner” means a person licensed under this act to practice the profession historically known as undertaking, mortuary science or embalming, including individuals formerly licensed as funeral directors or embalmers who meet the educational requirements set forth in this act required of funeral service practitioners;
19. “Human remains” means the body of a deceased person or part of a body or limb that has been removed from a deceased person, including the body, part of a body or limb in any stage of decomposition. The following are not “human remains”:
  1. The cremated remains of any human;
  2. Powder resulting from chemical disposition of a human body;
  3. Any body part removed and held for testing, research or other medical or law enforcement purposes; or
  4. Hair or nail clippings.
20. “This act” means W.S. 33-16-501 through 33-16-537 .

History. 2014 ch. 31, § 1, effective July 1, 2014; 2015 ch. 70, § 1, effective March 2, 2015; 2022 ch. 25, § 1, effective July 1, 2022.

The 2015 amendment, rewrote the introductory language of (a)(xv), to include crematories and chemical disposition facilities in addition to funeral facilities in the definition for funeral director.

Laws 2015, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

The 2022 amendment, effective July 1, 2022, in (a)(xiv), added the last sentence and made a related change.

Effective date. —

Laws 2014, ch. 6, § 4, makes the act effective July 1, 2014.

Editor's note. —

Laws 2022, ch. 25, § 2, provides, “This act shall apply to license applications made on or after July 1, 2022.”

§ 33-16-502. Definitions. [Effective July 1, 2022]

As used in this act:
1. “Accredited program of funeral service education” means a funeral service education program accredited by the American Board of Funeral Service Education to teach mortuary science and other funeral service related curricula;
2. “Apprentice funeral service practitioner” means a person, who has been issued an apprentice funeral service practitioner license and is registered by the board to engage in funeral service practice, which includes all aspects of funeral directing, embalming and the final disposition of human remains, under the supervision of a funeral service practitioner licensed by the board;
3. “Board” means the Wyoming state board of funeral service practitioners;
4. “Chemical disposer” means a licensed funeral service practitioner who is also licensed by the board as a person permitted to dispose of human remains by chemical disposition;
5. “Chemical disposition” means the process by which a deceased human body is reduced to a powder by use of materials other than heat and evaporation;
6. “Chemical disposition facility” means any building or facility or part thereof engaging in the chemical disposition of human remains;
7. “Conviction” means a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere;
8. “Cremated remains” means all human remains recovered after the completion of a cremation, including pulverization that leaves only bone fragments reduced to unidentifiable dimensions;
9. “Cremation” means a technical process, using heat, which reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation does not include other processes of disposition, chemical or otherwise;
10. “Cremation chamber” means an enclosed space within which a cremation process takes place;
11. “Cremation container” means a container in which the human remains are placed in a cremation chamber for a cremation;
12. “Crematory” means the building or portion of a building that houses the cremation chamber and the holding facility;
13. “Disposition” means the final disposal of a dead human body by:
  1. Traditional burial or earth interment;
  2. Above ground burial;
  3. Cremation;
  4. Burial at sea or in any body of water, as approved by applicable law;
  5. Delivery to a medical institution or to another legally authorized person or entity as a full body donation;
  6. Chemical disposition; or
  7. Other lawful means.
14. “Embalming” means the disinfecting, preparing or preserving for final disposition of dead human bodies, in whole or in part, or any attempt to do so, by the use or application of chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection or by direct introduction into organs or cavities, or by any other method or process. “Embalming” does not include setting features for the purpose of identification of an unembalmed dead human body or disinfecting a dead human body through non-arterial methods;
15. “Funeral director” means a person who assumes the responsibility for the operations of a particular funeral establishment or multiple funeral establishments, or crematory or multiple crematories, or a chemical disposition facility or multiple chemical disposition facilities, who ensures that the funeral establishment, crematory or chemical disposition facility complies with this chapter and all other laws under which the funeral establishment, crematory or chemical disposition facility is operated, who is permitted by law to perform funeral directing and who:
  1. Has been licensed prior to July 1, 2014 by the board of embalming as a funeral director; or
  2. Is a licensed funeral service practitioner.
16. “Funeral establishment,” “mortuary,” “funeral home” or “funeral chapel” means a place of business which has been issued a funeral establishment permit by the board to conduct business at a specific street address or location which is devoted to the embalming of dead human bodies for burial, cremation, chemical disposition, transportation or other disposition;
17. “Funeral service practice,” means the all-encompassing combined practice of funeral directing or undertaking, and embalming, and includes the practice of conducting and overseeing all activities related to the disposition of human remains. “Funeral service practice” includes all of the following unless exempted from this act pursuant to W.S. 33-16-529 :
  1. Counseling individuals, families or next of kin about the final disposition of human remains;
  2. Directing or supervising funerals;
  3. Providing for or maintaining a funeral establishment;
  4. Making pre-need or at-need contractual arrangements for funerals, memorial services, celebrations of life, wakes or any similar service or activities;
  5. Removal and transportation of dead human bodies from the location of death or any other location for the purpose of final disposition;
  6. Preparing dead human bodies for viewing or final disposition, other than by embalming, cremation or chemical disposition;
  7. Maintaining a mortuary for the preparation, disposition or care of dead human bodies;
  8. Representing oneself as or using in connection with one’s name the title of funeral director, mortician, funeral service practitioner or any other title implying that the person is engaged in the business of funeral directing; and
  9. Obtaining burial or removal permits or assuming other duties incidental to the practice of embalming.
18. “Funeral service practitioner” means a person licensed under this act to practice the profession historically known as undertaking, mortuary science or embalming, including individuals formerly licensed as funeral directors or embalmers who meet the educational requirements set forth in this act required of funeral service practitioners;
19. “Human remains” means the body of a deceased person or part of a body or limb that has been removed from a deceased person, including the body, part of a body or limb in any stage of decomposition. The following are not “human remains”:
  1. The cremated remains of any human;
  2. Powder resulting from chemical disposition of a human body;
  3. Any body part removed and held for testing, research or other medical or law enforcement purposes; or
  4. Hair or nail clippings.
20. “This act” means W.S. 33-16-501 through 33-16-537 .

History. 2014 ch. 31, § 1, effective July 1, 2014; 2015 ch. 70, § 1, effective March 2, 2015; 2022 ch. 25, § 1, effective July 1, 2022.

§ 33-16-503. Privileges as to use of bodies for dissecting, demonstrating or teaching.

The board and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching as those granted in this state to medical colleges.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Laws 2015, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-504. Created; designation; composition; appointment; qualifications of members; officers; removal.

The Wyoming state board of funeral service practitioners is created to regulate the practice of professional funeral service in Wyoming in order to safeguard life, health and property and to promote the public welfare. The board shall consist of five (5) persons to be appointed by the governor. The governor may remove from office any member of the board as provided in W.S. 9-1-202 . The director of the department of health or his designee shall be a member of the board, and the other four (4) members shall be licensed funeral service practitioners and shall serve for a term of three (3) years. The members of the board shall be citizens of the United States and residents of the state of Wyoming, and except for the director of the department of health or his designee, shall each have had at least three (3) years’ experience in the practice of embalming and disposition of the dead human body and who shall each have had for two (2) years previous to their appointment an unexpired funeral service practitioners’ license. The board shall elect one (1) of its members to serve as president.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-505. Certificate of appointment; oath.

The governor shall furnish each person appointed to serve on the board a certificate of appointment. The appointee shall qualify by taking the usual oath of office before any person authorized to administer oaths, of the county in which the person resides, within ten (10) days after the appointment has been made, and this fact shall be noted on the certificate of appointment, and shall be filed with the state board of health.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-506. Meetings; quorum.

The board shall meet at least once each year and may meet as often and at such place as the proper and efficient discharge of its duties may require. Three (3) members shall constitute a quorum.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-507. Compensation of board members.

The members of the board shall receive mileage and per diem allowance as provided in W.S. 33-1-302(a)(vii) when engaged in performing their duties as members of the board.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2016 ch. 58, § 1, effective July 1, 2016.

The 2016 amendment, effective July 1, 2016, substituted “as provided in W.S. 33-1-302(a)(vii)” for “as allowed to state employees.”

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-508. Board account.

All fees and other revenues received by the board shall be deposited by the state treasurer to the credit of the Wyoming board of funeral service account. All monies in the account may be appropriated for the use of the board. The account shall be used by the board to defray costs incurred in the administration of this act. Disbursements from the account shall not exceed the monies credited to it.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-509. Duties and powers of the board.

The board:
1. Shall have the authority to issue registrations, permits and licenses to qualified persons;
2. Shall have the authority to enter into interstate or intrastate agreements and associations with other boards of licensure for the purpose of establishing reciprocity, developing examinations, evaluating applicants or other activities to enhance the services of the board to the state, the licensee, the registrant, the permittee and the public;
3. Shall adopt a seal to be affixed to all licenses, registrations and permits issued;
4. Shall adopt rules not inconsistent with this act or the laws of this state that are reasonable and necessary to administer this act;
5. May employ a board administrator and any additional staff as necessary to administer and enforce this act and board rules;
6. Shall have the authority to inspect the premises in which the business of funeral service is conducted, in which the business of cremation of human remains is conducted, where embalming is practiced or where chemical disposition is practiced. For purposes of this paragraph the board may employ a funeral service practitioner licensee of the state of Wyoming as an inspector to aid in the enforcement of this act and rules adopted pursuant thereto, whose compensation and expenses shall be payable only out of the fees collected by the board;
7. Shall have the authority to receive and investigate complaints, hire investigators and take all appropriate action allowed by law to enforce this act;
8. Shall conduct hearings as recommended by the complaint investigator on complaints concerning violations of this act and the rules adopted under this act. The board shall have authority to administer oaths, take affidavits, summon witnesses and take testimony as to matters coming within the scope of its duties;
9. In its own name, may bring an action for an injunction, and courts of this state may enjoin any person from violation of this act. These proceedings shall be prosecuted by the attorney general’s office or private counsel may be secured by the board with approval of the attorney general;
10. May charge fees for application, examination, licensing, registering, permitting, renewal and any other service provided in amounts established pursuant to W.S. 33-1-201 ;
11. Shall adopt rules regulating the lease of caskets to ensure sanitary use. Notwithstanding any other provision of law, the lease of a casket for funeral and other services of a person to be cremated shall be authorized by those rules;
12. Shall promulgate rules and regulations necessary to regulate the practice of professional funeral service, including professional conduct, continuing education and discipline.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-510. Prohibited acts, penalties, injunctive relief.

No person shall:
1. Engage in the business practice of funeral service, cremation, chemical disposition or other activities defined as part of funeral service practice, unless licensed, registered or permitted to do so under this act or lawfully doing so as an employee of a funeral establishment under the supervision of a funeral service practitioner;
2. Advertise, represent or in any manner hold himself out as being licensed, registered or permitted to provide the services regulated by this act by use of any title commonly associated with one engaged in the funeral, crematory or funeral service practice without having first complied with this act;
3. Conduct, direct or supervise any service with human remains present for a fee, compensation or reimbursement without having first complied with this act;
4. Maintain or operate a building or structure within the state of Wyoming as a funeral establishment in violation of the provisions of this act or the rules and regulations of the board;
5. Maintain or operate a building or structure within the state of Wyoming as a crematory or chemical disposition facility in violation of the provisions of this act or the rules and regulations of the board; or
6. Embalm, cremate or chemically dispose of a dead human body when any fact within the knowledge, or brought to the attention, of the licensee, registrant or permittee is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner is obtained.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-511. Grounds for disciplinary action on licensees, registrations and permits, generally.

The board may refuse to renew, or may deny, suspend, revoke or otherwise restrict a license, registration or permit issued under this act for any of the following acts:
1. Unprofessional conduct, as defined by rules and regulations of the board;
2. Failure to make timely and proper application for renewal or failure to meet the continuing education requirements prior to the license, registration or permit expiration date;
3. Willful violation of any provision of the rules and regulations promulgated by the board;
4. Willful violation of any provisions of this act.
In addition to the remedies in subsection (a) of this section, the board may impose a civil penalty upon any person who violates this act or a rule or order of the board. The penalty and fees may not exceed two thousand dollars ($2,000.00) for each violation of this act or rule promulgated under this act. Fees imposed may include the board’s costs and expenses for the investigation, prosecution and reasonable attorneys’ fees.
The board may initiate proceedings under this act on its own motion or on the written complaint of any person. All proceedings before the board shall be conducted under the rules and regulations adopted by the board and in accordance with the provisions of the Wyoming Administrative Procedure Act.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license, registration or permit issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license, registration or permit in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license, registration or permit withheld, suspended or restricted under this subsection. If a license, registration or permit is suspended or restricted under this subsection, the license, registration or permit may be reissued without a hearing if the department of family services provides notice that the person has complied with the terms of the court order that resulted in the suspension or restriction of the license, registration or permit issued under this act.
In addition to other remedies, the board may assess part or all of the costs of the proceeding against a disciplined licensee, registrant or permittee.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31 § 4, makes the act effective July 1, 2014.

§ 33-16-512. Limitation of practice.

All persons licensed, registered or permitted under this act shall adhere to the professional standards of practice promulgated in the rules and regulations of the board. Any person licensed, registered or permitted under this act who refuses or neglects to obey those professional standards of practice shall be subject to discipline.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-513. Petition for disciplinary action; notice for hearing; review.

A petition for the discipline of a licensee, registrant or permittee may be filed by the attorney general or by the county attorney of the county in which the licensee, registrant or permittee resides or has practiced. The petition shall be filed with the board and the board shall set the matter for hearing in accordance with the Wyoming Administrative Procedure Act.
Petitions for review shall be in accordance with the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedures.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-514. Criminal penalty for violation.

Unless otherwise provided for in this act for specific violations, any person violating this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both. A second or subsequent conviction for violation of this act during a thirty-six (36) month period shall constitute a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. Each violation shall constitute a separate offense.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-515. Funeral services to be conducted in permitted funeral establishment by licensee or registrant.

The business of a funeral service practice shall be conducted in a funeral establishment that has been issued a permit by the board. Unlicensed individuals employed by a funeral establishment may assist funeral directors and funeral service practitioners in the area of funeral service practice, under the supervision of a licensed funeral service practitioner. Individuals not licensed by the board as funeral service practitioners or registered as apprentice funeral service practitioners shall not conduct other activities incidental to the practice of embalming and shall not embalm, cremate or chemically dispose of human remains, except as otherwise allowed in W.S. 33-16-530 .

History. 2014 ch. 31, § 1, effective July 1, 2014; 2015 ch. 70, § 1, effective March 2, 2015.

The 2015 amendment, added the exception at the end.

Laws 2015, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-516. Funeral establishment; permit required; qualifications.

It is unlawful for any person or entity to operate a funeral establishment not permitted by the board.
Every person or entity desiring to operate a funeral establishment within the state of Wyoming shall apply to the board for a funeral establishment permit, upon a form and in the manner prescribed by the board, accompanied by the fee set by the board and satisfactory evidence of the following:
1. The applicant, unless an organization, is a licensed funeral director licensed prior to July 1, 2014, or a licensed funeral service practitioner. The applicant, when an organization, shall have as an active officer or manager, a person who is a licensed funeral director licensed prior to July 1, 2014, or a licensed funeral service practitioner;
2. The applicant, unless an organization, has no criminal convictions which would impact upon the applicant’s abilities to operate a funeral establishment in accordance with this act and the rules and regulations of the board. The applicant, when an organization, shall have as an active officer or manager, a person who has no criminal convictions which would impact upon the applicant’s abilities to operate a funeral establishment in accordance with this act and the rules and regulations of the board;
3. The application shall designate the funeral service practitioner responsible for the funeral establishment, and, if the establishment is operated by a funeral director licensed prior to July 1, 2014, it shall set forth the name and license number of at least one (1) licensed funeral service practitioner employed by the establishment to provide funeral practice services and oversight to the employees of the funeral establishment;
4. The funeral establishment shall meet the standards required by the rules and regulations of the board and the provisions of this act, and receive a satisfactory inspection by the board.
A funeral establishment engaging in embalming shall have an embalming room equipped with a sanitary floor, embalming table, necessary drainage and ventilation and containing necessary instruments and supplies for the preparation and embalming of human dead bodies for burial or transportation. The floors of the room shall be made of material that is impervious to the absorption of liquid and sanitized. The premises shall be kept in a sanitary condition providing adequate safety measures to all funeral employees and consumers.
If the applicant proposes to operate more than one (1) funeral establishment, the applicant shall make a separate application and procure a separate permit for each separate location.
Any funeral establishment permittee desiring to change the location of the business shall make application to the board at least thirty (30) days prior to the time that the change in location is to take effect unless an emergency change in location is authorized by the board. A fee as established by the board shall accompany the application for the change. The board shall grant the change if the location conforms to the provisions of this act.
Any funeral establishment permittee desiring to change the name of the business shall make application to the board at least thirty (30) days prior to the time the change in name is to take effect. A fee as established by the board shall accompany the application for the change.
Any funeral establishment permittee desiring to change the licensed funeral director or funeral service practitioner in charge of the establishment shall make application to the board immediately. A fee as established by the board shall accompany the application for the change. The change shall not be effective until approved by the board. The board shall by rule and regulation provide for emergencies if a director dies or becomes incapacitated.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-517. Funeral service practitioner; license required; qualifications. [Effective until July 1, 2022]

Persons employed by a funeral establishment may assist funeral directors and funeral service practitioners in the area of funeral directing, under the supervision of a licensed funeral service practitioner. To be licensed as a funeral service practitioner within the state of Wyoming, an applicant shall apply to the board for a funeral service practitioner license, upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and satisfactory evidence of the following:
1. The applicant has reached the age of majority;
2. The applicant has no criminal convictions which would impact upon the applicant’s abilities to engage in the practice of funeral service in accordance with this act and the rules and regulations of the board. The board may waive this provision based on individual circumstances;
3. The applicant has completed sixty (60) credit hours at an accredited college or university in the United States, and has separately obtained an associates’ degree in funeral service practice or mortuary science from an accredited program of funeral service education, or, in the alternative, the applicant has received a bachelor degree in funeral service practice or mortuary science. The board may accept education obtained outside the United States on a case by case basis;
4. The applicant has completed a one (1) year apprenticeship under the supervision of a Wyoming licensed funeral service practitioner, which shall include practical experience of having assisted in the embalming of at least twenty-five (25) dead human bodies and having assisted in arranging and conducting at least twenty-five (25) funeral or memorial services;
5. The applicant has passed the National Board Examination as administered by the Conference of Funeral Service Examining Board; and
6. The applicant has passed an examination administered by authority of the board on the laws, rules and regulations governing the practice of funeral service in Wyoming. The examination may also contain questions relating to funeral service practice and other areas as deemed proper by the board.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2022 ch. 25, § 1, effective July 1, 2022.

The 2022 amendment, effective July 1, 2022, rewrote (a)(iii), which read, “The applicant has completed sixty (60) credit hours at an accredited college or university in the United States, and has separately obtained an associates’ degree in funeral service practice or mortuary science from an accredited program of funeral service education, or, in the alternative, the applicant has received a bachelor degree in funeral service practice or mortuary science. The board may accept education obtained outside the United States on a case by case basis.”

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

Editor’s note. —

Laws 2022, ch. 25, § 2, provides, “This act shall apply to license applications made on or after July 1, 2022.”

§ 33-16-517. Funeral service practitioner; license required; qualifications. [Effective July 1, 2022]

Persons employed by a funeral establishment may assist funeral directors and funeral service practitioners in the area of funeral directing, under the supervision of a licensed funeral service practitioner. To be licensed as a funeral service practitioner within the state of Wyoming, an applicant shall apply to the board for a funeral service practitioner license, upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and satisfactory evidence of the following:
1. The applicant has reached the age of majority;
2. The applicant has no criminal convictions which would impact upon the applicant’s abilities to engage in the practice of funeral service in accordance with this act and the rules and regulations of the board. The board may waive this provision based on individual circumstances;
3. The applicant has:
  1. Obtained an associates’ or higher degree in funeral service practice or mortuary science from an American board of funeral service education accredited mortuary science program or an equivalent accredited program of funeral service education; or
  2. Obtained a mortuary science diploma from an institution accredited by the American board of funeral service education or an equivalent accreditation and can show evidence of five (5) years of experience in practicing funeral service in another jurisdiction, regardless of whether that jurisdiction has a formal licensing requirement for funeral service practice as defined by W.S. 33-16-502(a)(xvii).
4. The applicant has completed a one (1) year apprenticeship under the supervision of a Wyoming licensed funeral service practitioner, which shall include practical experience of having assisted in the embalming of at least twenty-five (25) dead human bodies and having assisted in arranging and conducting at least twenty-five (25) funeral or memorial services;
5. The applicant has passed the National Board Examination as administered by the Conference of Funeral Service Examining Board; and
6. The applicant has passed an examination administered by authority of the board on the laws, rules and regulations governing the practice of funeral service in Wyoming. The examination may also contain questions relating to funeral service practice and other areas as deemed proper by the board.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2022 ch. 25, § 1, effective July 1, 2022.

§ 33-16-518. Funeral director; license required; qualifications.

It is unlawful for any person to engage in the business of funeral directing without being granted a license as a funeral service practitioner or permitted as a funeral director under a permit originally issued prior to July 1, 2014 as provided in W.S. 33-16-520 .

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-519. Apprentice funeral service practitioner; registration required; qualifications.

Individuals apprenticing with a funeral service practitioner, shall be licensed as an apprentice funeral service practitioner by the board prior to beginning the apprenticeship. Apprentice credit shall only be given by the board for time actually spent apprenticing under an apprentice license granted by the board. Every person desiring to be licensed as an apprentice, shall apply to the board upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and satisfactory evidence of the following:
1. The applicant has reached the age of majority;
2. The applicant has no criminal convictions which would impact upon the applicant’s abilities to provide the services of an apprentice in accordance with this act and the rules and regulations of the board. The board may waive this provision based on individual circumstances; and
3. The applicant has passed an examination administered by authority of the board on the laws, rules and regulations governing the practice of funeral service in Wyoming. The examination may also contain questions relating to funeral service topics as deemed proper by the board.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-520. Licenses, registrations and permits under prior law; recognition given; subject to this act.

Persons who hold a current license in good standing as an embalmer on June 30, 2014, issued by the board of embalmers under prior laws of Wyoming shall be issued a license as a funeral service practitioner under the provisions of this act without additional requirements.
Persons who hold a current permit in good standing as a funeral director on June 30, 2014, issued by the board of embalmers under prior laws of Wyoming, shall be issued a funeral director permit under the provisions of this act without additional requirements, which license may be renewed year after year, unless otherwise suspended or revoked by the board or until the failure of the permittee to renew the permit under this act or the death of the permittee, whichever comes first.
Persons who hold a current permit in good standing as an apprentice embalmer on June 30, 2014, issued by the board of embalmers under prior laws of Wyoming, shall be issued an apprentice permit, as an apprentice funeral service practitioner, under the provisions of this act without additional requirements.
Funeral establishments which hold a current license in good standing associated with a funeral director permittee on June 30, 2014, issued by the board of embalmers under prior laws of Wyoming, shall be issued an establishment permit under the provisions of this act without additional requirements.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-521. Record keeping for licensees.

The board administrator shall keep a record in which shall be registered the names and residence of all persons to whom a certificate of license has been granted, and the number and date of these licenses. A copy of each individual license shall be furnished to the licensee.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-522. Out-of-state licensees; reciprocity; state of disaster or emergency; entities and individuals. [Effective until July 1, 2022]

The board shall have the power to issue reciprocal licenses to applicants licensed in other states which have equal or like educational requirements as required by this state or the board as follows:
1. A license as a funeral service practitioner may be issued by the board to an out-of-state resident who submits to the board satisfactory evidence that the applicant has met all the requirements of this act, passes an examination determined by the board addressing Wyoming state specific funeral laws and pays the fees required by this act;
2. The board may issue an appropriate license without further apprenticeship to a resident of a state which has similar educational requirements necessary for reciprocity with this state, if the applicant:
  1. Has a current license to practice as a funeral service practitioner, mortician, undertaker or similar license, in the state of residence of the person;
  2. Has been an active funeral service practice licensee and has actually been engaged in funeral service practice for at least five (5) years;
  3. Has never been convicted of a felony or misdemeanor related to funeral service practice. The board may waive this provision based on individual circumstances;
  4. Has never had a funeral service practice related license revoked or suspended;
  5. Is not currently facing disciplinary action;
  6. Intends to practice in this state;
  7. Has filed documents required by the board;
  8. Has paid the fees as required by this act;
  9. Is a citizen or permanent resident of the United States;
  10. Is a graduate of an accredited funeral service education program;
  11. Has passed the national board examination or state board examination; and
  12. Has passed an examination determined by the board addressing Wyoming state specific funeral laws.
In the event of a disaster or a state of emergency, or for the purpose of conducting a bona fide educational program, the board may grant temporary authority to practice funeral service in Wyoming, for the duration of the declared state of emergency or educational program, to an out-of-state licensee upon proof of current license in good standing in his state of residence.
The board may issue an annual or occasional nonresident permit to an individual or entity who does not reside in Wyoming, but who wishes to conduct any service for a fee where human remains are present in the state of Wyoming. The board may issue the permit upon payment of a fee, the amount of which shall be determined by the board, if the applicant can establish that he resides in another state and conducts funeral service operations under the laws of that state.
It is unlawful for out-of-state licensees to bury or dispose of human remains or conduct funeral services within the state of Wyoming without first obtaining a permit to do so from the board.
The board shall promulgate rules under which nonresident licensees shall operate which shall be designed to protect the public.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2022 ch. 25, § 1, effective July 1, 2022.

The 2022 amendment, effective July 1, 2022, in the introductory language of (a), substituted “license” for “licenses,” “an applicant from another jurisdiction that has” for “applicants licensed in other states which have”; in (a)(ii)(B); designated existing provision as (a)(iii)(B)(I); in (a)(iii)(B)(I), substituted “three (3)” for “five (5),” added “or” at the end; added (a)(ii)(B)(II); and made related changes.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

Editor’s note. —

Laws 2022, ch. 25, § 2, provides, “This act shall apply to license applications made on or after July 1, 2022.”

§ 33-16-522. Out-of-state licensees; reciprocity; state of disaster or emergency; entities and individuals. [Effective July 1, 2022]

The board shall have the power to issue a reciprocal license to an applicant from another jurisdiction that has equal or like educational requirements as required by this state or the board as follows:
1. A license as a funeral service practitioner may be issued by the board to an out-of-state resident who submits to the board satisfactory evidence that the applicant has met all the requirements of this act, passes an examination determined by the board addressing Wyoming state specific funeral laws and pays the fees required by this act;
2. The board may issue an appropriate license without further apprenticeship to a resident of a state which has similar educational requirements necessary for reciprocity with this state, if the applicant:
  1. Has a current license to practice as a funeral service practitioner, mortician, undertaker or similar license, in the state of residence of the person;
  2. Has been:
    1. An active funeral service practice licensee and has actually been engaged in funeral service practice for at least three (3) years; or
    2. Practicing funeral service in another jurisdiction that does not have formal licensing requirements for funeral service practice as defined by W.S. 33-16-502(a)(xvii) for at least five (5) years and the applicant meets the education requirements specified by W.S. 33-16-517(a)(iii)(A) or (B).
  3. Has never been convicted of a felony or misdemeanor related to funeral service practice. The board may waive this provision based on individual circumstances;
  4. Has never had a funeral service practice related license revoked or suspended;
  5. Is not currently facing disciplinary action;
  6. Intends to practice in this state;
  7. Has filed documents required by the board;
  8. Has paid the fees as required by this act;
  9. Is a citizen or permanent resident of the United States;
  10. Is a graduate of an accredited funeral service education program;
  11. Has passed the national board examination or state board examination; and
  12. Has passed an examination determined by the board addressing Wyoming state specific funeral laws.
In the event of a disaster or a state of emergency, or for the purpose of conducting a bona fide educational program, the board may grant temporary authority to practice funeral service in Wyoming, for the duration of the declared state of emergency or educational program, to an out-of-state licensee upon proof of current license in good standing in his state of residence.
The board may issue an annual or occasional nonresident permit to an individual or entity who does not reside in Wyoming, but who wishes to conduct any service for a fee where human remains are present in the state of Wyoming. The board may issue the permit upon payment of a fee, the amount of which shall be determined by the board, if the applicant can establish that he resides in another state and conducts funeral service operations under the laws of that state.
It is unlawful for out-of-state licensees to bury or dispose of human remains or conduct funeral services within the state of Wyoming without first obtaining a permit to do so from the board.
The board shall promulgate rules under which nonresident licensees shall operate which shall be designed to protect the public.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2022 ch. 25, § 1, effective July 1, 2022.

§ 33-16-523. Investigation of applicants for license; granting or refusing license.

Upon receipt of an application for an establishment license under this act, the board may cause an investigation to be made as to the character of the applicant, including its officers or members if the application is by or in behalf of business entity, and may require a showing that will reasonably prove that the applicant does not have a background evidencing conduct adverse to the practice of funeral service or to the ability to practice funeral service. The board may subpoena witnesses and administer oaths upon proper notice. After proper hearing, the board shall grant a license if it finds the applicant does not have a background evidencing conduct adverse to the practice of funeral service or to the ability to practice funeral service and the proposed funeral establishment is, or will be, constructed and equipped as required by this act. Every application shall be granted or refused within ninety (90) days from the date of the filing of the application.

History: 2014 ch. 31, § 1, effective July 1, 2014; 2018 ch. 107, § 2, effective July 1, 2018.

The 2018 amendment, effective July 1, 2018, in the first sentence, substituted “that the applicant does not have a background evidencing conduct adverse to the practice of funeral service or to the ability to practice funeral service” for “the good character of the applicant” following “reasonably prove,” and in the third sentence “does not have a background evidencing conduct adverse to the practice of funeral service of to the ability to practice funeral service” for “is of good character” following “applicant.”

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-524. Renewal of license; fees; penalties; continuing education.

Every licensee and permittee under this act shall pay annually a fee for the renewal of his license. All licenses and permits issued by the board shall expire annually on a date set by the board. Persons licensed and permitted under this act shall submit an application on an annual basis for license or permit renewal in the form and manner established by rules and regulations of the board. All application forms shall be accompanied with the annual fee for renewal set by the board. The amount of the renewal fee, payable by a licensee of the board shall be established by the board pursuant to W.S. 33-1-201 . The board shall mail on or before the first day of January of each year to each licensee, addressed to his last known address, a notice that his renewal application and renewal fee is due and payable. If the renewal application is not submitted by the expiration date, the license or permit shall be void. Within thirty (30) days after the expiration date a person may apply for renewal of his license or permit in a manner established by rules and regulations of the board. Any person whose license or permit has been voided for failure to renew shall comply with all requirements of a new applicant before a license or permit may be reissued. Upon receipt of the renewal application and full payment of fees, the board shall cause the renewal certificate to be issued. The application for renewal for funeral service practitioners, funeral directors and apprentices shall also be accompanied by satisfactory evidence of participation in continuing education activities as established by rules and regulations of the board.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-525. Licenses and permits to be signed and displayed; business to be in name of permitted business.

Every license or permit issued under this act shall specify the name of the licensee or permittee, shall be signed by the licensee or authorized designee of the permittee and shall be displayed conspicuously in the place of business or employment of the licensee. No funeral establishment shall be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name of the business appearing on the establishment’s permit issued by the board.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2015 ch. 70, § 1, effective March 2, 2015.

The 2015 amendment, in the first sentence, inserted “or permit, ” “or permittee,” and “or authorized designee of the permittee”; and in the last sentence, substituted “of the business appearing on the establishment's permit” for “appearing as licensee in the license.”

Laws 2015, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-526. Specific prohibited conduct of licensees.

The board may suspend or revoke licenses or impose other disciplinary action appropriate under the circumstances on licensees, permittees and registrants, after hearing by the board and after ten (10) days’ notice to the licensee, upon the licensee, permittee or registrant being found by the board to have committed any of the following acts or omissions, as the acts are further defined by the board:
1. Conviction of a felony or misdemeanor related to the licensee’s ability to practice funeral services;
2. Unprofessional conduct, including, but not limited to:
  1. Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or funeral service practitioner;
  2. False or misleading advertising as a funeral service practitioner;
  3. Solicitation of human dead bodies by the licensee, his agents, assistants or employees, whether the solicitation occurs after death or while death is impending, provided this shall not be deemed to prohibit general advertising;
  4. Aiding or abetting an unlicensed person to engage in funeral service practice, unless the unlicensed person is lawfully doing so as an employee of a funeral establishment permitted by the board under the supervision of a funeral service practitioner also employed by the same funeral establishment;
  5. Except as otherwise provided by rule and regulation, using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body;
  6. Violation of any of the provisions of this act;
  7. Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;
  8. Fraud or misrepresentation in obtaining a license;
  9. Refusing to promptly surrender the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.
Notwithstanding any other provision of law the lease of a casket for funeral and other services of a person to be cremated is hereby authorized. The board shall adopt rules regulating the lease of caskets to ensure sanitary use.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-527. Duty to ascertain cause of death; funeral service practitioner to prepare body for transportation or removal if death due to communicable, contagious or infectious disease.

It shall be the duty of every funeral director and funeral service practitioner, when called to take charge of a dead body, to first ascertain the cause of death from the coroner or medical professional. If death has occurred from any communicable, contagious or infectious disease, the funeral director or funeral service practitioner shall not remove or transport the body until after the body has been prepared for transportation or removal by a licensed funeral service practitioner of this state.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-528. Persons barred from embalming room; exceptions.

It shall be the duty of every funeral director and funeral service practitioner, not to permit any person or persons to enter any room in any funeral establishment where dead bodies are being embalmed, except licensed funeral service practitioners and their assistants or apprentices, funeral directors and their apprentices, public officers in the discharge of their official duties, and attending physicians and their assistants, unless by direct permission of the immediate family.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2015 ch. 70, § 1, effective March 2, 2015.

The 2015 amendment, substituted “funeral service practitioners and their assistants or apprentices” for “funeral service practitioners and their assistants.”

Laws 2015, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-529. Exemptions from this act; limitation.

Any duly authorized representative of any church, fraternal order or other association or organization honoring the dead who performs a religious ceremony under the authority of and pursuant to the religious tenets or practices of the organization is hereby exempted from the terms and provisions of this act and from the enforcement of the provisions hereof related to performing of religious ceremonies except for providing the presence of human remains at the religious service.
Any person may:
1. Counsel individuals, families or next of kin about the final disposition of human remains and about the selection and purchase of funeral goods and services;
2. Conduct a memorial service or provide a setting for a memorial service and any goods or assistance needed for a memorial service, except providing for the presence of human remains at the memorial service.
Any person licensed pursuant to title 26 of Wyoming statutes may sell insurance or pre-need funeral contracts authorized by that license.
Any person licensed pursuant to title 33 of Wyoming statutes while practicing within the scope of his license is exempt from the provisions of this act.
Any health care institution licensed pursuant to title 35 of Wyoming statutes when operating within the scope of its license is exempt from the provisions of this act.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-530. Crematory operator; chemical disposer; permit required; qualifications.

It is unlawful for any person or entity to operate a crematory disposing of human remains without the crematory being first granted a permit by the board as a crematory, or to chemically dispose of human remains in a chemical disposition facility, unless the chemical disposition facility is first granted a permit by the board to operate as a chemical disposition facility.
The board shall examine the premises and structure of any crematory or chemical disposition facility and shall issue the permit only if the applicant and the structure meet the standards required by rules and regulations of the board and the provisions of this act.
Every person desiring to operate a crematory or chemically dispose of human remains within the state of Wyoming shall apply to the board for a crematory permit or a chemical disposition facility permit, upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and satisfactory evidence of the following:
1. The applicant, unless an organization, shall be a licensed funeral service practitioner or funeral director who is a shareholder or officer in or is directly employed by a licensed funeral establishment. The applicant, when an organization, shall be a funeral establishment permitted by the board that employs at least one (1) licensed funeral service practitioner assigned as the funeral service licensee responsible for the crematory or chemical disposition facility;
2. The application shall designate a licensed funeral service practitioner as the funeral service practitioner responsible for the crematory or chemical disposition facility; and
3. The crematory or chemical disposition facility shall meet the standards required by the rules and regulations of the board and the provisions of this act, and receive a satisfactory inspection by the board;
4. An employee who is not a licensed funeral service practitioner may assist in the operation of a crematory or chemical disposition facility to the extent directed by a funeral service practitioner following the facility’s receipt of human remains in a closed cremation container. An employee who is not a funeral service practitioner shall not handle human remains or open a closed cremation container. The employee may conduct the full crematory or chemical disposition process under the direction of a funeral service practitioner or funeral director. The funeral service practitioner overseeing the facility shall successfully complete a crematory or chemical disposition facility operator’s certification program approved by the board. The supervising funeral service practitioner shall ensure that employees who are operating crematories under the direction of a funeral service practitioner or funeral director successfully complete a crematory or chemical disposition operator’s certification program approved by the board. The board may waive or extend the time to complete the certification program required by this section due to hardship or difficulty in completing the required certification program.
If the applicant proposes to operate more than one (1) crematory or chemical disposition facility, the applicant shall make a separate application and procure a separate license for each separate location.
Any crematory or chemical disposer licensee desiring to change the location of the business shall make application to the board at least thirty (30) days prior to the time that the change in location is to take effect. A fee as established by the board shall accompany the application for the change. The board shall grant the change provided the location conforms to the provisions of this act.
Any crematory or chemical disposition facility desiring to change the name of the business shall make application to the board at least thirty (30) days prior to the time that the change in name is to take effect. A fee as established by the board shall accompany the application for the change.
Any crematory or chemical disposition facility desiring to change the licensed funeral service practitioner responsible for the crematory or chemical disposition facility shall make application to the board immediately. A fee as established by the board shall accompany the application for the change.

History. 2014 ch. 31, § 1, effective July 1, 2014; 2015 ch. 70, § 1, effective March 2, 2015.

The 2015 amendment, in (c)(i), inserted “or funeral director”; and added (c)(iv).

Laws 2015, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-531. Records of crematories and chemical disposition facilities; crematory and chemical disposition authorization.

Upon the receipt of a human body for cremation or chemical disposition, the crematory or chemical disposition facility shall deliver to the funeral director, funeral service practitioner or his agent who delivers the body to the crematory or chemical disposition facility, a receipt therefor, showing the date of delivery, name of the funeral director or funeral service practitioner from whom the body is received and the name of the deceased. Each crematory or chemical disposition facility shall maintain a record of each cremation or chemical disposition of human remains, submitted to it by the person authorizing cremation or chemical disposition disclosing, at a minimum:
1. The name of the person cremated or chemically disposed;
2. The name of the person authorizing the cremation or chemical disposition;
3. A statement that the person authorizing cremation or chemical disposition has the right of disposition with regard to the person being cremated or chemically disposed;
4. The date the body was received;
5. The date the cremation or chemical disposition was performed;
6. Whether the person being cremated or chemically disposed has been implanted with medical devices; and
7. Any other information as the board may require.
The record of each cremation or chemical disposition shall be signed by the owner or operator of the crematorium or chemical disposition facility and by the funeral service practitioner or other authorized person having charge of the preparation of the human remains for cremation or chemical disposition. The record shall be kept at the crematory or chemical disposition facility for inspection by the board which may also require copies thereof to be filed with it containing such information as may be necessary for the use of the board.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-532. Cremation chambers and crematories for disposition of human remains.

Cremation chambers of crematoriums and facilities of chemical disposition permitted by this act shall be used exclusively for the cremation or chemical disposition of human remains.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the effective date July 1, 2014.

§ 33-16-533. Cremation of human remains; chemical disposition.

The funeral director, funeral service practitioner, or other person having charge of the preparation of human remains for burial or the last rites and committal services thereof shall have the right to be present either in person or by his employees, at any stage of the cremation or chemical disposition of such human remains. No crematorium or other appropriately licensed entity conducting chemical disposition shall accept human remains for cremation or chemical disposition until it has received a burial-transit permit required by law.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-534. Inspection of crematories and facilities for chemical disposition; rules and regulations.

The board shall promulgate reasonable rules and regulations governing the cremation and chemical disposition of human remains. The rules shall provide minimum standards of sanitation, required equipment and fire and environmental protection which the board deems necessary for the protection of the public. The board shall inspect all crematoriums and other appropriately permitted entities conducting chemical disposition at least once each year.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-535. Removal of human remains from casket or other container; use of container.

Human remains delivered to a crematorium or other appropriately permitted entity conducting chemical disposition shall not be removed from the casket or other container without the written authorization of the person giving the consent to or requesting the cremation or chemical disposition of the human remains. Notwithstanding any other provision of law the lease of a casket for funerals and other services of a person to be cremated is authorized.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-536. Violation declared public nuisance; enforcement; criminal penalties.

Maintenance or operation of a building or structure within the state of Wyoming as a crematorium or chemical disposition facility in violation of the provisions of this act or the rules and regulations of the board is a public nuisance and may be abated as provided by law. A person violating this section or rules and regulations promulgated by the board related to crematories, cremation or chemical disposition is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both. A second or subsequent conviction for violation of this act during a thirty-six (36) month period shall constitute a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. Each violation shall constitute a separate offense.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

§ 33-16-537. Cremation containers.

A cremation container shall meet substantially all of the following standards:
1. Be composed of readily combustible materials suitable for cremation;
2. Be able to be closed in order to provide a complete covering for the human remains;
3. Be resistant to leakage and spillage;
4. Be rigid enough for handling with ease; and
5. Provide protection for the health, safety, and integrity of crematory personnel and the cremation facility.

History: 2014 ch. 31, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 31, § 4, makes the act effective July 1, 2014.

Chapter 17 Hotel Keepers

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

Am. Jur. 2d, ALR and C.J.S. references. —

40A Am. Jur. 2d Hotels, Motels and Restaurants §§ 1, 2, 27 to 46.

Maintenance or regulation by public authorities of tourist or motor camps, courts or motels, 22 ALR2d 774.

Validity and construction of statute requiring or prohibiting posting or other publication of rates by proprietor of hotel, motel or other lodging place, 89 ALR2d 901, 80 ALR3d 740.

Liability of hotel or motel operator for injury or death resulting to guest from defects in furniture in room or suite, 91 ALR3d 483.

Liability of hotel or motel operator for injury or death of guest or privy resulting from condition in plumbing or bathroom of room, 93 ALR3d 253.

Liability for injuries in connection with allegedly dangerous or defective doormat on nonresidential premises, 94 ALR3d 389.

Liability of hotel or motel operator for injury to guest resulting from assault by third party, 28 ALR4th 80.

Liability of hotel and motel for guest's loss of money from room by theft or robbery committed by person other than defendant's servant, 28 ALR4th 120.

Tavernkeeper's liability to patron for third person's assault, 43 ALR4th 281.

Apportionment of liability between landowners and assailants for injuries to crime victims, 54 ALR5th 379.

43 C.J.S. Innkeepers §§ 4 to 7.

§ 33-17-101. Limitation of liability; permitted if safe provided and notice posted.

Every landlord or keeper of a public inn or hotel in this state, who shall keep in his place of business an iron safe, in good order and suitable for the purpose hereinafter named, and who shall post or cause to be posted in some conspicuous place in his office, and on the inside of every entrance door to every bed chamber, the notice hereinafter mentioned, shall not be liable for the loss of any money, jewelry or other valuables belonging to his guests or customers, unless such loss shall occur by the hand or through the negligence of such landlord, or by a clerk or servant employed by him in such hotel or inn; provided, that nothing herein contained shall apply to such amount of money or other valuables as is usually common and prudent for any such guest to retain in his room or about his person.

History. Laws 1888, ch. 50, § 1; R.S. 1899, § 2514; C.S. 1910, § 3422; C.S. 1920, § 4298; R.S. 1931, § 54-101; C.S. 1945, § 37-1301; W.S. 1957, § 33-247.

Editor's notes. —

Prior compilers divided § 1, ch. 50, Laws 1888, into two sections. This section is the first part of said § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and application of terms “jewelry” and “personal ornaments” as used in statute limiting innkeeper's liability for loss or damage to guest's property, 88 ALR3d 979.

§ 33-17-102. Limitation of liability; form of notice.

The notice required by this act [§§ 33-17-101 , 33-17-102 ] shall be substantially as follows: “Notice is hereby given that the proprietor of this house keeps an iron safe suitable for the safe deposit of money, jewelry or other valuable articles belonging to his guests or customers, and unless they leave their money, jewelry, precious stones or other valuables with the landlord, his agent or clerk, in order that he may deposit the same for safe keeping in such iron safe, he will not be liable for the loss thereof.”

History. Laws 1888, ch. 50, § 1; R.S. 1899, § 2515; C.S. 1910, § 3423; C.S. 1920, § 4299; R.S. 1931, § 54-102; C.S. 1945, § 37-1302; W.S. 1957, § 33-248.

§ 33-17-103. Hotel keepers' lien.

Any keeper of a hotel or boarding house or lodging house or restaurant shall have a lien upon the baggage or other personal property of any person who shall have obtained board or lodging or both, from such keeper, for the amount due for such board or lodging, and such keeper is hereby authorized to retain the possession of such baggage, or personal property until said amount is paid. If the amount due for such board or lodging is not paid within sixty (60) days from the time the same shall have become due and payable, any such keeper may proceed to have such baggage or other personal property sold for the satisfaction of his lien in the following manner: He shall give ten (10) days prior notice of the sale of said articles by him held under his lien, a copy of which he shall immediately transmit, by registered letter, to the owner of the articles at his usual place of abode if known, and he shall post said notices of sale in three (3) conspicuous and public places in the city, town, village or place where said keeper resides, giving a description of the articles to be sold and the time and place of sale, one (1) of which notices shall be posted in the office of the hotel, lodging house, boarding house or restaurant, if still maintained. At the time mentioned in said notices, the said keeper may proceed to sell to the highest and best bidder for cash, all of such personal property held under the lien, or so much thereof as shall be necessary to pay his claim, and the residue of the unsold property, together with the surplus proceeds of such property sold, if any, he shall surrender to the owner, his heirs or legal representatives, on application therefor.

History. Laws 1882, ch. 50, § 1; R.S. 1887, § 1481; Laws 1895, ch. 6, § 1; R.S. 1899, § 2860; C.S. 1910, § 3770; C.S. 1920, § 4819; R.S. 1931, § 66-401; C.S. 1945, § 37-1303; W.S. 1957, § 33-249.

§ 33-17-104. Room rates to be posted.

There shall be posted in plain view of any guest or guests occupying such room or rooms on the inside of the door of each lodging room in every hotel or inn a card of a size not less than four (4) by six (6) inches on which shall be plainly printed in the English language in type no smaller than one-quarter of an inch high the rate per day as applying to one (1) or more guests.

History. Laws 1931, ch. 70, § 1; R.S. 1931, § 54-103; C.S. 1945, § 37-1306; W.S. 1957, § 33-252.

§ 33-17-105. Penalty for violation of W.S. 33-17-104.

Any hotel keeper or inn keeper violating the provisions of this act [§ 33-17-104 ] shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than ten dollars ($10.00) or not to exceed one hundred dollars ($100.00).

History. Laws 1931, ch. 70, § 2; R.S. 1931, § 54-104; C.S. 1945, § 37-1307; W.S. 1957, § 33-253.

Chapter 18 Junk Dealers

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

For the Junkyard Control Act, see chapter 19 of this title.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of license statute as to junk dealers as affected by discretion of officers, 45 ALR2d 1391.

Validity of regulation requiring junk dealer to obtain license, 45 ALR2d 1391.

Conditions imposed on right of junk dealer to license, 45 ALR2d 1391.

Regulation as to keeping of records by junk dealers, 45 ALR2d 1391.

Junk dealers, 45 ALR2d 1391.

§ 33-18-101. Definition.

Every person, firm or corporation engaged in the business of buying or selling of second hand, or broken metals, such as copper, brass, lead, zinc, tin, steel, cast iron, rags, rubber, or waste paper, shall be held and hereby are defined to be junk dealers within the meaning of this act [§§ 33-18-101 through 33-18-106 ].

History. Laws 1919, ch. 64, § 1; C.S. 1920, § 3447; R.S. 1931, § 60-101; C.S. 1945, § 37-1401; W.S. 1957, § 33-254.

§ 33-18-102. Records; book to be kept.

Every person engaged in the junk business as defined in W.S. 33-18-101 , shall keep a book or dedicated computer software program in which all entries shall be written in a computer or in ink, in the English language and entered at the time of each and every transaction and in which the following information is recorded:
1. An accurate account and description of all junk metal or rubber goods purchased or sold;
2. The name and residence of the person selling or buying the junk metal or rubber goods; and
3. If the person is selling junk metal or rubber goods:
  1. The license plate number of the person’s vehicle, if applicable; or
  2. Verification of the person’s name and residence through presentation of the person’s United States federal or state-issued photo identification.
Compliance with paragraph (iii) of subsection (a) of this section is optional for common household and personal items of less than fifty dollars ($50.00) market value.
No entry in such book or computer shall be erased, mutilated or changed.

History. Laws 1919, ch. 64, § 3; C.S. 1920, § 3449; R.S. 1931, § 60-103; C.S. 1945, § 37-1403; W.S. 1957, § 33-255; 2015 ch. 137, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, rewrote the section, which formerly read: “Every person, firm or corporation engaged in the junk business as defined in W.S. 33-18-101 , shall keep a book, in which shall be written in ink, at the time of each and every sale, an accurate account and description, in the English language, of all junk metal or rubber goods purchased or sold, and the name and residence of the person selling or buying the same. No entry in such book shall be erased, mutilated or changed.”

§ 33-18-103. Records; information to be posted.

Every person, firm or corporation engaged in the buying and selling of junk metals, rags, rubber, or waste paper as described in W.S. 33-18-101 shall at all times keep posted, conspicuously in the office of their [his] place of business, the description of, and amount of junk articles purchased each day, and the names and addresses of the parties for whom said purchase was made, and also the names and addresses of all to whom sales of junk metals are made.

History. Laws 1919, ch. 64, § 2; C.S. 1920, § 3448; R.S. 1931, § 60-102; C.S. 1945, § 37-1402; W.S. 1957, § 33-256.

§ 33-18-104. Records; inspection by law enforcement officers.

The said book, and the entries therein, shall at all times be open to the inspection of the sheriff of the county and his deputies, or any member of the police force of any city or town, in the county in which said junk dealers do business.

History. Laws 1919, ch. 64, § 4; C.S. 1920, § 3450; R.S. 1931, § 60-104; C.S. 1945, § 37-1404; W.S. 1957, § 33-257; 2010, ch. 69, § 207.

The 2010 amendment, effective July 1, 2010, substituted “or town, in the county” for “or town, or any constable, in the county.”

Office of constable abolished. —

The office of constable has been abolished. See § 5-4-401 .

§ 33-18-105. Purchase from intoxicated persons.

No person, firm or corporation engaged in the buying or selling of junk metals, rubber, rags or paper, shall purchase any articles from any person appearing to be intoxicated, nor from any person known to have been convicted of larceny or theft, and when any person is found to be the owner of stolen property, which had been so sold, the property shall be returned to the owner thereof without the payment of any money on the part of the owner.

History. Laws 1919, ch. 64, § 5; C.S. 1920, § 3451; R.S. 1931, § 60-105; C.S. 1945, § 37-1405; W.S. 1957, § 33-258; 2013 ch. 191, § 2, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, deleted “be a thief, or to” before “have been convicted of larceny” and added “or theft” thereafter.

§ 33-18-106. Penalty; power of cities and towns not impaired.

Every junk dealer who shall be found guilty of a violation of the provisions of this act [§§ 33-18-101 through 33-18-106 ] shall, for the first offense, be fined not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00), or imprisoned in the county jail not more than sixty (60) days, or either or both, in the discretion of the court, and for each subsequent offense of violating any of the provisions of this act of which any such junk dealer shall be found guilty, such junk dealer shall be fined not less than one hundred dollars ($100.00), nor more than three hundred dollars ($300.00), or imprisoned in the county jail not less than thirty (30) days nor more than ninety (90) days, or either or both, in the discretion of the court; provided, that this act shall not be construed to in any wise impair the power of cities or incorporated towns in this state to license, tax and regulate any person, persons or corporations now engaged in or hereafter engaging in the buying and selling of second hand metals.

History. Laws 1919, ch. 64, § 6; C.S. 1920, § 3452; R.S. 1931, § 60-106; C.S. 1945, § 37-1406; W.S. 1957, § 33-259.

Cross references. —

As to powers of cities and towns generally, see § 15-1-103 .

Chapter 19 Junkyard Control

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to junk dealers, see chapter 18 of this title.

As to power of city to license and regulate junkyards, see § 15-1-103(a)(xliii).

As to the state highway commission generally, see §§ 24-2-101 through 24-2-115 .

§ 33-19-101. Citation of chapter.

This act [§§ 33-19-101 through 33-19-110 ] may be cited as the Junkyard Control Act.

History. Laws 1967, ch. 214, § 1; W.S. 1957, § 33-259.1.

§ 33-19-102. Declaration of legislative policy; nonconforming junkyards deemed public nuisance.

It is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary highway systems within this state. The legislature hereby finds and declares that junkyards which do not conform to the requirements of this act [§§ 33-19-101 through 33-19-110 ] are public nuisances.

History. Laws 1967, ch. 214, § 2; W.S. 1957, § 33-259.2.

§ 33-19-103. Definitions.

Unless the context requires otherwise, the following terms when used have the meanings assigned to them:
1. Junk. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;
2. Automobile Graveyard. Any establishment or place of business which is maintained, used, or operated for storage, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;
3. Junkyard. An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills;
4. Interstate System. That portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated by the transportation commission and approved by the United States department of transportation pursuant to the provisions of title 23, United States Code, “Highways”;
5. Primary System. That portion of connected main highways, as officially designated or as may hereafter be so designated by the transportation commission and approved by the United States department of transportation pursuant to the provisions of title 23, United States Code, “Highways”;
6. Commission. Transportation commission of Wyoming;
7. Engineer. State highway engineer or his duly authorized representative;
8. Federal Interstate System. National system of interstate and defense highways;
9. Person. Any individual, firm, agency, company, association, partnership, business, trust, joint stock company, or corporation who operates or allows a junkyard to be placed or to remain on premises controlled by him.

History. Laws 1967, ch. 214, § 3; W.S. 1957, § 33-259.3; Laws 1991, ch. 241, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-19-104. Time for compliance for previously lawfully established junkyards.

Except as otherwise provided in this act [§§ 33-19-101 through 33-19-110 ], the owner of any junkyard that was lawful when established, but that is in violation of W.S. 33-19-105(b) and that cannot, as a practical matter to be determined by the engineer, be screened, may maintain such junkyard without liability under W.S. 33-19-110 as follows:
1. Repealed by Laws 2011, ch. 129, § 202.
2. If the junkyard was established after October 22, 1965 and if the portion of the highway along which it was established became a part of the federal interstate system of the federal aid primary system after October 22, 1965, the junkyard may be maintained until, but not beyond five (5) years after the date of erection or the date the portion of the highway involved became a part of the federal interstate system or the federal aid primary system, whichever date is later.

History. Laws 1967, ch. 214, § 4; W.S. 1957, § 33-259.4; 2011, ch. 129, § 202.

The 2011 amendment, effective July 1, 2011, repealed former (a)(i), which read: “If the junkyard was established on or before October 22, 1965, along a portion of a highway on the federal interstate system or the federal aid primary system, the junkyard may be maintained until, but not beyond July 1, 1970.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-19-105. When license required; license fee; limitations on issuance of license.

No person shall establish, operate or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of the interstate or primary systems, without obtaining a junkyard license from the commission. The commission shall establish and collect fees for the issuance of junkyard licenses, and all fees collected shall be paid to the commission.
No junkyard license shall be issued for the establishment, operation or maintenance of a junkyard within one thousand (1,000) feet to the nearest edge of the right-of-way of the interstate or primary systems except for junkyards:
1. Screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the interstate or primary systems, or otherwise removed from sight; or
2. Located within areas zoned for industrial use under authority of law; or
3. Located within unzoned industrial areas as determined from actual land uses and defined by regulations promulgated by the commission; or
4. Those which are not visible from the main traveled way of the highway system.

History. Laws 1967, ch. 214, § 5; W.S. 1957, § 33-259.5.

§ 33-19-106. Screening; relocation or removal of junkyards; condemnation proceedings.

If considered feasible by the commission, any junkyard in existence on the effective date of this act [§§ 33-19-101 through 33-19-110 ] which is located within one thousand (1,000) feet of the nearest edge of the right-of-way of the interstate or primary systems and is visible from the main traveled way of the interstate or primary systems shall be screened by the commission. The screening shall be at locations on the right-of-way or in areas outside the right-of-way acquired for the purpose, so that the junkyard is not visible from the main traveled way of the interstate or primary systems.
When the commission determines that the topography of the land adjoining the interstate or primary systems will not permit adequate screening of such junkyards, or that the screening would not be economically feasible, the commission may require the relocation, removal or disposal of the junk and junkyard by negotiation or condemnation. When the commission determines that it is in the best interests of the state, it may acquire such land or interest in land as necessary to provide adequate screening of the junkyards.
Damages resulting from any taking of property in eminent domain shall include, but not be limited to acquisition costs, leasehold value and moving costs.

History. Laws 1967, ch. 214, § 6; W.S. 1957, § 33-259.6; Laws 1981, ch. 174, § 2.

Cross references. —

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

Editor's notes. —

Laws 1967, ch. 214, carried no provision as to its effective date, but was enacted at a session that adjourned on February 18, 1967. See § 8-1-108 .

Law reviews. —

For comment, “Wyoming Eminent Domain Act: Comment on the Act and Rule 71.1 of the Wyoming Rules of Civil Procedure,” see XVIII Land & Water L. Rev. 739 (1983).

§ 33-19-107. Injunction to abate junkyards which are nuisances.

The establishment, operation or maintenance of any junkyard contrary to the provisions of this act [§§ 33-19-101 through 33-19-110 ] is a public nuisance and the commission may apply to the district court of the county in which the junkyard is located for an injunction to abate the nuisance.

History. Laws 1967, ch. 214, § 7; W.S. 1957, § 33-259.7.

§ 33-19-108. Agreements with secretary of commerce.

The commission may enter into agreements with the secretary of commerce pursuant to title 23, United States Code, relating to the control of outdoor advertising and junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of the agreements.

History. Laws 1967, ch. 214, § 8; W.S. 1957, § 33-259.8.

Federal law. —

For federal provisions on control of outdoor advertising, see 23 U.S.C.S. § 131. For federal provisions on control of junkyards, see 23 U.S.C.S. § 136

§ 33-19-109. More restrictive ordinances or regulations saved; just compensation required for taking of property.

Nothing in this act [§§ 33-19-101 through 33-19-110 ] affects the provision of any lawful ordinance or regulation which is more restrictive than the provisions of this act, and nothing authorizes the taking of real or personal property, or restriction of its reasonable and existing use, without just compensation.

History. Laws 1967, ch. 214, § 9; W.S. 1957, § 33-259.9.

§ 33-19-110. Violation a misdemeanor.

Any person violating any provision of this act [§§ 33-19-101 through 33-19-110 ] is guilty of a misdemeanor.

History. Laws 1967, ch. 214, § 10; W.S. 1957, § 33-259.10.

Cross references. —

As to definition of misdemeanor, see § 6-10-101 .

Chapter 20 Merchants: Itinerant, Temporary or Transient

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

Am. Jur. 2d, ALR and C.J.S. references. —

51 Am. Jur. 2d Licenses and Permits § 76; 60 Am. Jur. 2d Peddlers, Solicitors and Transient Dealers § 1 et seq.

Validity of municipal regulation of solicitation of magazine subscriptions, 9 ALR2d 728.

Validity of municipal ordinance prohibiting house-to-house soliciting or peddling without invitation, 35 ALR2d 355.

Construction and application of municipal ordinance prohibiting house-to-house soliciting and peddling without invitation, 77 ALR2d 1216.

Authorization, prohibition or regulation by municipality of the sale of merchandise on streets or highways or their use for such purpose, 14 ALR3d 896.

Civil liability of mobile vendor for attracting into street child injured by another's motor vehicle, 84 ALR3d 826.

39A C.J.S. Hawkers and Peddlers §§ 1 to 12.

Article 1. Itinerant Merchants

§§ 33-20-101 through 33-20-110. [Repealed.]

Repealed by Laws 1991, ch. 174, § 3.

Editor's notes. —

These sections derived from Laws 1939, ch. 116, §§ 1 through 10.

Article 2. Temporary or Transient Merchants

§ 33-20-201. Definition.

The words “temporary or transient merchant” for the purposes of this act [§§ 33-20-201 through 33-20-210 ] shall include all persons, firms and corporations, both as principal and agent, who engage in, do or transact any temporary or transient business, either in one (1) locality or more or by traveling from one (1) or more places in this state, selling goods, wares or merchandise and who for the purpose of carrying on such business hire, lease or occupy a building, structure or car, for the exhibition and sale of such goods, wares or merchandise.

History. Laws 1915, ch. 68, § 4; C.S. 1920, § 3456; R.S. 1931, § 65-604; C.S. 1945, § 37-1604; W.S. 1957, § 33-270.

§ 33-20-202. License; required.

Hereafter it shall be unlawful for any temporary or transient merchant to engage in, do or transact any business as such within this state without first having obtained a license as hereinafter provided.

History. Laws 1915, ch. 68, § 1; C.S. 1920, § 3453; R.S. 1931, § 65-601; C.S. 1945, § 37-1601; W.S. 1957, § 33-271.

§ 33-20-203. License; application; fee; record to be kept; exemption if licensed by city or town.

Any temporary or transient merchant desiring to engage in, do or transact business in this state, shall file an application for license for that purpose with the county clerk of the county in which he desires to do business, which application shall state his name, his proposed place of business, the kind of business proposed to be conducted and the length of time for which he desires to conduct business. Except as provided by subsection (b) of this section, the temporary or transient merchant shall pay to the treasurer of the county a license fee of two hundred dollars ($200.00). The treasurer of the county shall issue to the person duplicate receipts. The temporary or transient merchant shall file the treasurer’s receipt for payment with the county clerk of the county, who shall issue to the temporary or transient merchant a license to do business at the place described in the application and the kind of business to be done shall be described in the license. No license shall be good for more than one (1) person, unless the person shall be the member of a copartnership, nor for more than one (1) place of business, and shall be good for a period of one (1) year from the date of its issuance. The county clerk shall keep a record of the licenses in a book which shall at all times be open to public inspection.
The license fee of two hundred dollars ($200.00) under subsection (a) of this section may be modified by the county commissioners for an event, a fair or a celebration. The modification shall apply to all transient merchants conducting business at the event, fair or celebration. The county commissioners shall notify the county treasurer of the modification. The county treasurer shall issue duplicate receipts to the temporary or transient merchant for the modified license fee. The temporary or transient merchant shall file the treasurer’s receipt with the county clerk of the county where the application is made. The county clerk shall issue a license that describes the event, fair or celebration and the kind of business to be done. The license shall be good only for the event, fair or celebration and only for the kind of business identified. The county clerk shall keep a record of the modified licenses for an event, fair or celebration in a book that is open to public inspection at all times.
If any city or town establishes by ordinance a temporary or transient merchant license and license fee for the conduct of business inside its corporate boundaries, subsections (a) and (b) of this section shall not apply to any temporary or transient merchant holding a valid license issued by the city or town when conducting business inside the boundaries of the city or town issuing the license. Any city or town issuing any license to any temporary or transient merchant shall notify the county clerk of the county in which the city or town is located that a license has been issued.

History. Laws 1915, ch. 68, § 2; C.S. 1920, § 3454; R.S. 1931, § 65-602; C.S. 1945, § 37-1602; W.S. 1957, § 33-272; Laws 1991, ch. 52, § 1; 1994, ch. 43, § 1.

§ 33-20-204. License; prosecution of action for recovery of fee.

If any person, firm or corporation who is liable for the payment of any license fee under this act [§§ 33-20-201 through 33-20-210 ] shall after demand is made upon him or it by the county clerk of the county wherein such person, firm or corporation is engaged in business or by the sheriff or deputy sheriff of such county, refuse or neglect to pay such fee, unless such person comes within the provisions of W.S. 33-20-207 , the county clerk may in his own name, but for the benefit of the county, immediately commence and prosecute an action at law against such delinquent person, firm or corporation for the recovery of such license fee, and for the purpose of securing any judgment which he might recover in such action, such county clerk may have the goods, wares and merchandise of such person, firm or corporation attached upon the grounds and in the manner provided for in cases of attachment.

History. Laws 1915, ch. 68, § 8; C.S. 1920, § 3460; R.S. 1931, § 65-608; C.S. 1945, § 37-1608; W.S. 1957, § 33-273.

Cross references. —

As to attachment generally, see §§ 1-15-101 through 1-15-425 .

§ 33-20-205. Affidavit as to nature of sale required; advertising and representation.

It shall be unlawful for any temporary or transient merchant to advertise, represent or hold out any goods, wares or merchandise, as being sold as an insurance, bankrupt, railway wreck, insolvent, assignee, trustee, executor, administrator, receiver, syndicate, wholesale, manufacturer or closing out sale, or as a sale of any goods, wares or merchandise damaged by smoke, fire, water or otherwise, unless such temporary merchant shall file with the county clerk an affidavit showing all the facts relating to the reasons for and the character of such sale so to be advertised or represented, and showing that the goods, wares and merchandise of such sales are in fact in accordance with such advertisements and representations; such affidavit shall include a statement of the names of the persons from whom the goods, wares and merchandise so to be advertised or represented, were obtained, and the date of the delivery of said goods to the applicant and the place from which said goods, wares and merchandise were last taken, and all details necessary exactly to locate and fully to itemize all goods, wares and merchandise so to be advertised and represented. If such affidavit shall fail to show that such goods, wares and merchandise of such sale are in accordance with the proposed advertisements or representations as shown in such affidavit, or fails to disclose the facts as herein required, or if the county clerk learns that the said affidavit is untrue in any particular, then the county clerk shall refuse such applicant a license for such sale. Should a license be issued to such applicant it shall state that such person is authorized and licensed to sell such goods, wares and merchandise, and advertise, represent and hold out the same as being sold as such insurance, bankrupt, railway wreck, insolvent, assignee, trustee, executor, administrator, receiver, syndicate, wholesale, manufacturer or closing out sale of any goods, wares and merchandise, or as being damaged by smoke, fire, water or otherwise, or in any similar manner present any other fact, as shown by such affidavit. Such affidavit shall be sworn to by the applicant before a person authorized to administer oaths. If the applicant be a partnership it shall be sworn to by a member of such partnership, or if the applicant be a corporation it shall be sworn to by one of the officers of such corporation. Every person making a false statement of any fact in such affidavit shall be deemed guilty of perjury and shall be punished for such offense as provided by the laws of Wyoming.

History. Laws 1915, ch. 68, § 3; C.S. 1920, § 3455; R.S. 1931, § 65-603; C.S. 1945, § 37-1603; W.S. 1957, § 33-274.

Cross references. —

As to persons authorized to administer oaths, see § 1-2-102 .

As to perjury generally, see §§ 6-5-301 through 6-5-307 .

§ 33-20-206. Reduced price sale by new merchant evidence of transient merchant.

Provided, further, that whenever it appears that any such stock of goods, wares and merchandise has been brought into any county in this state by a person, firm or corporation who has not previously conducted a merchandise business therein, and it is claimed that such stock is to be closed out at reduced prices such facts shall be prima facie evidence that the person, firm or corporation so offering such goods for sale is a transient merchant as defined by this act [§§ 33-20-201 through 33-20-210 ].

History. Laws 1915, ch. 68, § 5; C.S. 1920, § 3457; R.S. 1931, § 65-605; C.S. 1945, § 37-1605; W.S. 1957, § 33-275.

§ 33-20-207. Bond required upon complaint; designation of agent for service; affidavit required; becoming permanent merchant.

If complaint be made to the county clerk that any person, firm or corporation doing business in any county of this state is a transient merchant and such person, firm or corporation shall claim to be a permanent merchant, the county clerk shall require of such person, firm or corporation, and he or it shall furnish, a bond in the sum of five hundred dollars ($500.00), with surety or sureties to be approved by the county clerk. Such bond shall run to the county clerk as obligee and it shall secure the payment of the license in the event that such person, firm or corporation does not continue in the business which he or it is conducting in such county for a period of one (1) year from the time when such business was started; said bond shall also be for the protection of all persons, firms or corporations having claim or claims against the obligor arising out of said business. At the time of delivering such bond to the county clerk the obligor shall also deliver to the county clerk a duly executed instrument making the county clerk the agent of the obligor for the purpose of being served with process in the event of suit on such bond. Such merchant so complained against shall also furnish to the county clerk the affidavit required in W.S. 33-20-205 before advertising or holding out any goods, wares or merchandise as being sold as an insurance, bankrupt, railway wreck, insolvent, assignee, trustee, executor, administrator, receiver, syndicate, wholesale, manufacturer or closing out sale, or as a sale of any goods, wares or merchandise damaged by smoke, fire, water or otherwise. But after such merchant has been conducting the particular business in which he or it is engaged in such county for a period of one (1) year, such merchant shall be held to be a permanent merchant and the provisions of this act [§§ 33-20-201 through 33-20-210 ] shall no longer be applicable to such merchant.

History. Laws 1915, ch. 68, § 6; C.S. 1920, § 3458; R.S. 1931, § 65-606; C.S. 1945, § 37-1606; W.S. 1957, § 33-275.

§ 33-20-208. Exceptions.

The provisions of this chapter [§§ 33-20-201 through 33-20-210 ] shall not apply to sales made to dealers by commercial travelers selling in the usual course of business, or to sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy, or other public officers selling goods, wares and merchandise according to law, nor to any person selling fruits, vegetables, dressed meats, fowls or farm products, by a bona fide resident of the state.

History. Laws 1915, ch. 68, § 7; C.S. 1920, § 3459; Laws 1925, ch. 38, § 1; R.S. 1931, § 65-607; C.S. 1945, § 37-1607; W.S. 1957, § 33-277.

Office of constable abolished. —

The office of constable has been abolished. See § 5-4-401 .

§ 33-20-209. Penalty.

Any person, firm or corporation violating the provisions of this act [§§ 33-20-201 through 33-20-210 ] shall be deemed guilty of a misdemeanor, whether he or it be the owner of such goods, wares and merchandise sold or carried by him or it or not, and on conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than four hundred dollars ($400.00), or imprisoned in the county jail not less than ten (10) days nor more than ninety (90) days, or both.

History. Laws 1915, ch. 68, § 9; C.S. 1920, § 3461; R.S. 1931, § 65-609; C.S. 1945, § 37-1609; W.S. 1957, § 33-278.

§ 33-20-210. Provisions not to affect interstate commerce; city or town powers not limited.

Nothing in this act [§§ 33-20-201 through 33-20-210 ] shall be construed as prohibiting or in any way limiting, restricting or interfering with interstate commerce or the federal statutes regulatory thereof. Nor with the power of cities or towns to require additional licenses from or make additional regulations for temporary or transient merchants.

History. Laws 1915, ch. 68, § 11; C.S. 1920, § 3462; R.S. 1931, § 65-610; C.S. 1945, § 37-1610; W.S. 1957, § 33-279.

Cross references. —

As to powers of cities and towns generally, see § 15-1-103 .

Repealing clauses. —

Section 10, ch. 68, Laws 1915, repealed §§ 2844 to 2850, C.S. 1910.

Chapter 21 Nurses

Cross references. —

As to licensing provisions generally, see chapter 1 of this title.

As to dentists and dental hygienists, see chapter 15 of this title.

As to nursing home administrators, see chapter 22 of this title.

As to optometrists, see chapter 23 of this title.

For the Wyoming Pharmacy Act, see chapter 24 of this title.

As to physical therapists, see chapter 25 of this title.

As to physicians and surgeons, see chapter 26 of this title.

For the Wyoming Emergency Medical Services Act, see chapter 36 of this title.

As to immunity from liability for volunteer health care professionals, see § 1-1-129 .

Stated in

Paravecchio v. Memorial Hosp., 742 P.2d 1276, 1987 Wyo. LEXIS 507 (Wyo. 1987).

Am. Jur. 2d, ALR and C.J.S. references. —

61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 18 et seq.

Validity of statute or rule making specified conduct or condition the ground for cancelation or suspension irrespective of licensee's personal fault, 3 ALR2d 107.

Statute authorizing revocation of license upon conviction as applicable to conviction based on plea of nolo contendere or non vult, 89 ALR2d 540.

Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 ALR2d 1210.

Comment note on hearsay evidence in proceedings before state administrative agencies, 36 ALR3d 12.

Revocation of nurse's license to practice profession, 55 ALR3d 1141.

Midwifery: state regulation, 59 ALR4th 929.

Hospital's liability for injury resulting from failure to have sufficient number of nurses on duty, 2 ALR5th 286.

Liability of nursing home for violating statutory duty to notify third party concerning patient's medical condition, 46 ALR5th 821.

70 C.J.S. Physicians and Surgeons §§ 1, 11 to 34.

Article 1. In General

§§ 33-21-101 through 33-21-118. [Repealed.]

Repealed by Laws 1983, ch. 82, § 2.

Editor's notes. —

These sections, which derived from Laws 1955, ch. 194, §§ 1 through 12, and Laws 1975, ch. 106, § 1, related to nurses.

§ 33-21-119. Short title.

This act shall be known and may be cited as the “Wyoming Nurse Practice Act”.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, substituted “Nurse” for “Nursing.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-120. Definitions.

As used in this act:
1. “Advanced practice registered nurse (APRN)” means a nurse who:
  1. May prescribe, administer, dispense or provide nonprescriptive and prescriptive medications including prepackaged medications, except schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014 ;
  2. Has responsibility for the direct care and management of patients and clients in relation to their human needs, disease states and therapeutic and technological interventions;
  3. Has a doctorate or master’s degree in nursing, or an advanced practice registered nurse specialty or has completed an accredited advanced practice registered nurse educational program prior to January 1, 1999; and
  4. Has completed an advanced program of study in a specialty area in an accredited nursing program, has taken and passed a national certification examination in the same area and has been granted licensure by the board to practice as an APRN.
2. “Alford plea” means a plea agreement where the defendant has pled guilty yet not admitted to all the facts that comprise the crime;
3. “Approval” is the process by which the board provides for evaluation and grants official recognition to nursing educational programs which meet established uniform and reasonable standards;
4. “Board” means the Wyoming state board of nursing;
5. “Certificate” means a document issued by the board permitting the performance by a nursing assistant/nurse aide of basic related nursing tasks and skills delegated by a licensed nurse and as allowed by statute and board rule;
6. “Competence” means the application of knowledge and the interpersonal, critical thinking, decision-making and psychomotor skills expected for the practice role within the context of public health, safety and welfare;
7. “Impaired” means the inability to practice nursing with reasonable skill and safety to patients by reason of one (1) or more of the following:
  1. Lack of nursing competence;
  2. Mental illness;
  3. Physical illness including, but not limited to, deterioration through the aging process or loss of motor skill; or
  4. Chemical or alcohol impairment.
8. “License” means a current document permitting the practice of nursing as an advanced practice registered nurse, registered nurse or licensed practical nurse;
9. “Nursing process” means the investigative approach to nursing practice utilizing a method of problem identification by means of:
  1. Assessment: A systematic and continuous collection of objective and subjective data about the health status of individuals and groups derived from observations, health assessment including physical assessment, interviews, written records and reports;
  2. Nursing Diagnosis: The identification of actual or potential responses to health needs or problems based on collecting, analyzing and comparing data with appropriate nursing standards to serve as the basis for providing nursing care or for which referral to appropriate medical or community resources is required;
  3. Planning: Development of a plan of care which includes measurable goals derived from the nursing diagnosis and identified priorities to maintain comfort, support of human functions and responses, and an environment conducive to wellness;
  4. Intervention: Actions in nursing practice which implement the plan of care to maximize health capabilities of individuals and groups;
  5. Evaluation: The continuous appraisal of the effectiveness of goal attainment in the plan of care by means of reassessing health status, and if necessary, modifying nursing diagnosis, plan of care and interventions.
10. “Practice of practical nursing” means the performance of technical services and nursing procedures which require basic knowledge of the biological, physical, behavioral, psychological and sociological sciences. These skills and services are performed under the direction of a licensed physician or dentist, advanced practice registered nurse or registered professional nurse. Standardized procedures that lead to predictable outcomes are utilized in the observation and care of the ill, injured and infirm, in provision of care for the maintenance of health, in action directed toward safeguarding life and health, in administration of medications and treatments prescribed by any person authorized by state law to prescribe and in delegation to appropriate assistive personnel as provided by state law and board rules and regulations;
11. “Practice of professional nursing” means the performance of professional services requiring substantial knowledge of the biological, physical, behavioral, psychological and sociological sciences, and of nursing theory as the basis for applying the nursing process which consists of assessment, diagnosis, planning, intervention and evaluation. The nursing process is utilized in the promotion and maintenance of health, case finding and management of illness, injury or infirmity, restoration of optimum function and achievement of a dignified death. Nursing practice includes but is not limited to administration, teaching, counseling, supervision, delegation, evaluation of nursing practice and execution of the medical regimen. The therapeutic plan includes the administration of medications and treatments prescribed by any person authorized by state law to prescribe. Each registered professional nurse is accountable and responsible for the quality of nursing care rendered;
12. “Practice of a certified nursing assistant/nurse aide” means, regardless of title or care setting, the performance of nursing related tasks and services delegated by a licensed nurse. The nursing assistant/nurse aide shall complete a specified course of study approved by the board, meet minimum competency requirements and be certified by the board;
13. “This act” means W.S. 33-21-119 through 33-21-157 .

History. Laws 1983, ch. 82, § 1; 1991, ch. 152, § 1; 1993, ch. 8, § 1; 2001, ch. 121, § 1; 2003, ch. 116, § 2; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, rewrote the section, adding (a)(ii), (a)(v) and (a)(vii); deleting former (a)(vi), which defined “medical act,” and former (a)(xi), which defined “functions of a nursing assistant/nurse aide”; redesignating paragraphs accordingly; and otherwise modifying requirements for the practice of nursing and providing regulations for the advanced practice of nurses pursuant to the Wyoming Nurse Practice Act as amended by Laws 2005, ch. 224.

The 2017 amendment , effective July 1, 2017, in (a)(i)(C) added “doctorate or” toward the beginning, in (a)(i)(D) substituted “licensure” for “recognition,” in (a)(viii) added “an advanced practiced registered nurse” and made a related change.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 33-21-121. Board of nursing; membership; appointment; qualifications; term of office; vacancies; removal.

The board of nursing shall consist of seven (7) members to be appointed by the governor. Five (5) members shall be registered nurses, one (1) member shall be a licensed practical nurse and one (1) member shall be a representative of the public. Membership shall be restricted to no more than one (1) person who is associated with a particular agency, educational institution, corporation or other enterprise or subsidiary at one time. Membership shall represent various geographical areas of Wyoming.
Each registered nurse member of the board shall be a resident of this state, licensed in good standing under the provisions of this act, currently engaged in the practice of nursing as a registered nurse and shall have had no less than five (5) years of experience as a registered nurse, at least three (3) of which immediately preceded appointment. Of the five (5) registered nurse members on the board, one (1) member shall have had at least two (2) years of experience in an administrative or teaching position in a nursing education program, one (1) member shall have had at least two (2) years of experience in administration in nursing service or public health nursing, one (1) member shall have at least two (2) years experience as an advanced practice registered nurse, and the remaining two (2) members shall be appointed from various areas of nursing.
The practical nurse member shall be a resident of this state, licensed in good standing under the provisions of this act, currently engaged in the practice of nursing as a licensed practical nurse, and shall have had no less than five (5) years of experience as a licensed practical nurse, at least three (3) of which immediately preceded appointment.
The representative of the public shall be a resident of this state who has attained the age of majority, is interested in consumer health concerns and shall not be nor ever have been licensed or employed as a provider of health care services or be enrolled or employed in any health related educational program.
Members of the board shall be appointed for a term of three (3) years.
The present members of the board holding office under the provisions of the Wyoming Nurse Practice Act as of July 1, 2005 shall serve as members for their respective terms.
No member shall serve more than two (2) consecutive full terms. The completion of an unexpired portion of a full term shall not constitute a full term for purposes of this subsection. Any board member initially appointed for less than a full term is eligible to serve for two (2) additional consecutive full terms.
An appointee to a full term on the board shall be appointed by the governor prior to the expiration of a term of the member being succeeded and shall become a member of the board on the first day following the expiration date of the preceding term. Appointees to unexpired portions of full terms shall become members of the board on the day following the appointment. Each term of office shall expire at 12:00 midnight on the last day of February for the term of the appointment.
A vacancy that occurs for any reason in the membership of the board shall be filled by the governor in the manner prescribed in the provisions of this act regarding appointments. A person appointed to fill a vacancy shall serve for the unexpired portion of the term.
The governor may remove any member from the board as provided in W.S. 9-1-202 .

History. Laws 1983, ch. 82, § 1; 1987, ch. 175, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, in (a) specified a change in membership in the board so that five members are registered nurses, and one is a licensed practical nurse; in (b), made a related change and inserted the proviso that one member shall have at least two years experience as an advanced practice registered nurse; in (f) updated provisions, deleting obsolete ones; and made stylistic changes.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-122. Board of nursing; powers and duties.

The responsibility for enforcement of the provisions of this act is vested in the board of nursing. The board shall have all of the duties, powers and authority specifically granted by and necessary to the enforcement of this act.
The board of nursing may make, adopt, amend, repeal and enforce reasonable rules and regulations necessary for the proper administration and enforcement of this act.
Without limiting the foregoing, the board of nursing may do the following:
1. Develop by rules and regulations uniform and reasonable standards for nursing practice;
2. Appoint advisory committees to provide expertise in specific areas of education or practice under consideration by the board;
3. Publish advisory opinions relative to whether the nursing procedures, policies and other practices of any agency, facility, institution or other organization that employs individuals licensed or certified under this act complies with the standards of nursing practice as defined in this act and board rules and regulations. The board may submit comments, register complaints or file charges with the appropriate advisory, certifying or regulatory body governing the agency, facility, institution or organization that authorizes and condones violations of this act or board rules and regulations;
4. Report alleged violations of this act to the district attorney of the county where the violation occurred;
5. Examine, license, renew, relicense and reactivate the licenses of duly qualified individuals, may grant individuals a temporary permit to engage in the practice of professional and practical nursing in this state within the limits imposed in this act and may develop, by board rules and regulations, standards for continued competency of licensees continuing in or returning to practice;
6. Deny any applicant a license or temporary permit to practice professional or practical nursing, whether by examination, licensure, endorsement, renewal, relicensure or reactivation, if the applicant fails to meet the requirements of this act or board rules and regulations;
7. Conduct surveys and collect data related to licensure and educational enrollments and report to the public;
8. Conduct investigations, hearings and proceedings concerning alleged violations of this act and board rules and regulations and shall request criminal history background information on license or certificate applicants as authorized under W.S. 7-19-106(a)(viii);
9. Notwithstanding any other provision of law, the board may issue administrative subpoenas for the testimony of any license, certificate or temporary permit holder or other witness and may issue administrative subpoenas for the production of evidence relating to any matter under investigation. The board may compel attendance of witnesses and administer oaths to those testifying at hearings;
10. Determine and administer appropriate disciplinary action against all individuals found guilty of violating this act and board rules and regulations. The board retains jurisdiction over the person issued a license, certificate or temporary permit pursuant to this act, regardless of whether the license, certificate or permit expired, lapsed or was relinquished during or after the alleged occurrence of conduct proscribed by this act;
11. Develop and enforce uniform and reasonable standards for nursing education programs as stated in board rules and regulations;
12. Approve nursing education programs that meet the prescribed standards of the board;
13. Deny or withdraw approval of nursing education programs that fail to meet the prescribed standards of the board;
14. Regulate by board rules and regulations the qualifications of advanced practice registered nurses;
15. Maintain records of proceedings as required by state law;
16. Conduct conferences, forums, studies and research on nursing practice and education;
17. Maintain nursing statistics for purposes of nursing manpower planning and nursing education;
18. Appoint and employ a registered nurse qualified by nursing experience and a minimum of a master’s degree in nursing to serve as executive director, approve additional staff positions as may be necessary in the opinion of the board to administer and enforce the provisions of this act and determine qualifications for such positions;
19. Participate in and pay membership fees to organizations that develop and regulate the national nursing licensure examinations and exclusively promote the improvement of the uniform and reasonable standards for the practice of nursing for protection of the public health, safety and welfare;
20. Submit an annual report to the governor, summarizing the board’s proceedings and activities;
21. Determine and collect reasonable fees not to exceed five hundred dollars ($500.00) as established by board rules and regulations;
22. Receive and expend funds for the pursuit of the authorized objectives of the board of nursing. Funds shall be maintained in a separate account and periodic reports of the receipt and expenditure of funds shall be submitted to the governor;
23. Adopt a seal which shall be in the care of the executive director and which shall be affixed only in a manner as prescribed by the board; and
24. By board rule and regulation, regulate the qualifications, certification, recertification, examination and discipline of nursing assistants and nurse aides. For purposes of carrying out this paragraph, fingerprints and other information necessary for a criminal history record background check pursuant to W.S. 7-19-201 shall be provided to the board.
Notwithstanding any other provision of this act, the board shall not, by rule or otherwise, limit the right of licensed nurses to practice with other health professionals or in an association, partnership, corporation or other lawful entity, nor limit the right of licensed nurses to practice under the name “nursing clinic”, “nursing center” or other descriptive terms, provided the term is not misleading regarding the nature of services provided.
This act does not require the board of nursing to act upon violations of the provisions of the act whenever, in the board’s opinion, the public interest will be served adequately by a suitable written notice of warning to affected parties.
The board shall administer the provisions of the Nurse Licensure Compact pursuant to W.S. 33-21-202 , including factoring the annual assessment required under the compact into its biennium budget.
The board shall administer the provisions of the advance practice registered nurse compact pursuant to W.S. 33-21-302 , including factoring the annual assessment required under the compact into its biennium budget.

History. Laws 1983, ch. 82, § 1; 1993, ch. 8, § 1; 1997, ch. 20, § 1; 2005, ch. 224, § 1; 2010, ch. 29, § 1; 2016 ch. 10, § 2, effective July 1, 2016; 2016 ch. 11, § 2, effective July 1, 2016; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, added (c)(iv), redesignating paragraphs in (c) accordingly; in (c)(vi), inserted “endorsement”; in (c)(vii) inserted “and collect data related to”; in (c)(xviii) substituted “registered nurse qualified by nursing experience and a minimum of a master's degree in nursing” for “qualified registered nurse,” and added “and determine qualifications for such positions”; in (c)(xxi) increased the maximum fee from $200 to $500; in (c)(xxiv) deleted the former last sentence which limited the stringency of board rules and regulations to that of federal counterparts; and made stylistic changes throughout.

The 2010 amendment, in (c)(ix), inserted the present first sentence, added “The board may,” and deleted “issue subpoenas” preceding “and administer oaths”; and added the last sentence in (c)(x).

Laws 2010, ch. 29 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2010.

The 2016 amendments. — The first 2016 amendment, by ch. 10 § 2, effective July 1, 2016, added (f).

The second 2016 amendment, by ch. 11 § 2, effective July 1, 2016, added (f).

This section is set out as reconciled by the Wyoming legislative service office.

The 2017 amendment , effective July 1, 2017, in (c)(iii), added “or certified” following “employs individuals licensed.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-123. Executive director; appointment; assistant; powers and duties; salary and expenses.

An executive director shall be appointed by the board and is responsible for the performance of administrative responsibilities of the board and other duties as the board directs.
The executive director and assistant to the executive director shall be registered nurses, licensed in the state of Wyoming and qualified by nursing experience and a minimum of a master’s degree in nursing.
The executive director and assistant to the executive director may act on the board’s behalf during the period between board meetings in matters of licensure, examination, disciplinary and other administrative functions.
The executive director and the assistant to the executive director of the board of nursing shall receive an annual salary which shall be determined by the board in conjunction with the personnel department and which shall be competitive with salaries for positions requiring similar education and experience and shall receive reimbursement for per diem and travel expenses incurred in connection with the performance of official duties as provided for in state statutes.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, in (b) substituted “nursing experience and a minimum of a master's degree in nursing” for “education and experience”; and made stylistic changes.

§ 33-21-124. Board; officers; duties; terms.

The board of nursing shall elect from its registered nurse members a president and vice president. The president shall preside at board meetings and shall be responsible for the performance of all duties and functions of the board required or permitted by this act. In the absence of the president, the vice president shall assume these duties.
Additional offices shall be established and filled by the board at its discretion.
Officers elected by the board shall serve a term of one (1) year commencing with the day of their election and ending upon election of their successors and shall serve no more than three (3) consecutive full terms in each office to which they are elected.

History. Laws 1983, ch. 82, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-125. Board; meetings; notice; quorum; board action; conflict of interest.

The board of nursing shall meet at least once every six (6) months to transact its business. One (1) meeting shall be designated as the annual meeting for the purpose of electing officers and board reorganization and planning. The board shall meet at additional times as it may determine. Additional meetings may be called by the president of the board or by two-thirds (2/3) of the members of the board. Board meetings and hearings shall be open to the public. In accordance with the law, the board may conduct part of the meeting in executive session, closed to the public.
Notice of all board meetings shall be given in the manner pursuant to board rules and regulations.
A majority of the board members including the president or vice president constitutes a quorum for the conduct of a board meeting. The act of the majority of members present at a meeting, which includes a quorum, shall be the act of the board of nursing.
The board members shall vote when present. When a conflict of interest exists, the board members shall abstain from voting.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, deleted “and one (1) licensed practical nurse” in (c).

§ 33-21-126. Board; compensation

Each member of the board shall receive as salary the sum paid each day to legislators and shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii), incurred in the performance of their duties.

History: Laws 1983, ch. 82, § 1; 2014 ch. 69, § 2, effective July 1, 2014.

The 2014 amendment, effective July 1, 2014, substituted “shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii)” for “shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses.”

§ 33-21-127. Qualifications for licensure or certification; application requirements.

An applicant for licensure or certification by examination to practice as an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant shall:
1. Submit a written application verified by oath as prescribed by the board;
2. Be a graduate of a state board approved nursing or nursing assistant education program recognized by the board which prepares the applicant for the level of licensure or certification being sought;
3. Pass a board approved national nursing licensure or certification examination;
4. Have committed no acts which are grounds for disciplinary action as set forth in W.S. 33-21-146 , or if the act has been committed, the board may, at its discretion and after investigation, determine that sufficient restitution has been made; and
5. Remit fees as specified by the board.
An applicant for licensure or certification by endorsement to practice as an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant shall:
1. Submit a written application verified by oath as prescribed by the board;
2. Be a graduate of a state board approved nursing or nursing assistant education program recognized by the board which prepares the applicant for the level of licensure or certification being sought;
3. Have committed no acts which are grounds for disciplinary action as set forth in W.S. 33-21-146 , or if the act has been committed, the board may, at its discretion and after investigation, determine that sufficient restitution has been made;
4. Remit fees as specified by the board; and either:
  1. Submit proof of initial licensure or certification by an examination acceptable to the board, provided that when the applicant secured his or her initial license or certificate, the requirements for licensure or certification included the requirements then necessary for licensure or certification in this state and have submitted proof that the license or certificate has not been suspended, revoked or otherwise restricted for any reason; or
  2. Be required to pass an examination or meet other requirements as specified by the board, if the applicant has not passed an examination acceptable to the board.
Each applicant who successfully meets the requirements of this section is entitled to licensure or certification as an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant, whichever is applicable.
In addition to subsections (a) and (b) of this section, an applicant for licensure or certification under this act shall provide the board fingerprints and other information necessary for a criminal history record background check as provided under W.S. 7-19-201 .

History. Laws 1983, ch. 82, § 1; 1997, ch. 20, § 1; 2005, ch. 224, § 1; 2006, ch. 114, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, in (a)(iii) deleted the requirement that the examination be given by the board; added (b)(ii), redesignating the remaining paragraphs in (b) accordingly; in (b)(v) deleted “other than failure to renew or to obtain required continuing education credits” at the end; in (a)(iv) and (b)(iii) added provisions giving the board discretion to determine if sufficient restitution has been made; and made stylistic changes.

The 2006 amendment, inserted “either” at the end of the introductory language in (b)(iv); and redesignated former (b)(v) and (b)(vi) as (b)(iv)(A) and (b)(iv)(B).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2017 amendment , effective July 1, 2017, in (a),(b),(c), and (d) substituted “licensure or certification” for “licensure” or variants throughout and substituted “an advanced practice registered nurse, registered nurse” for “a registered nurse” throughout; in (a) added “or certified nursing assistant,” in (a)(ii) added “or nursing assistant” and “the applicant”; in (b) added “or certified nursing assistant,” in (b)(ii) added “or nursing assistant” and “the applicant;” and in (c) added “or certified nursing assistant.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

Conflicting Legislation. —

§ 33-21-128. Examinations for licensure; reexamination.

Repealed by Laws 2005, ch. 224, § 2.
The board may employ, contract and cooperate with any organization in the preparation, administration and grading of an appropriate national nursing licensure or nursing assistant certification examination.
The board shall by rules and regulations limit the number of reexaminations which may be taken by the applicant after the initial failure of a board approved national nursing licensure or nursing assistant certification examination.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, §§ 1, 2; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment effective July 1, 2005, repealed former (a), which required the board to administer a board-approved national nursing licensure examination, giving due publicity in advance; in (b) inserted “administration” after “preparation,” and deleted provisions which gave the board sole discretion and responsibility for determining successful completion of test and allowed the board to restrict access to questions in the case of use of a national examination.

The 2017 amendment , effective July 1, 2017, in (b) and (c) added “or nursing assistant certification” following “national nursing licensure.”

§ 33-21-129. Renewal of licenses or certificates.

Licenses or certificates issued under this act shall be renewed biennially according to a schedule established by board rules and regulations.
A renewal license or certificate shall be issued to an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant who demonstrates satisfactory completion of requirements established by the board and who remits the required fees established in the board rules and regulations.
Any license or certificate issued by the board shall expire if the licensee or certificate holder fails to renew the license or certificate as established in board rules and regulations, including the remittance of all fees.
Failure to renew the license or certificate by the expiration date shall result in forfeiture of the right to practice nursing or nurse assisting in this state.
For licensees who have prescriptive authority the board shall require three (3) hours of continuing education related to the responsible prescribing of controlled substances or treatment of substance abuse disorders every two (2) years.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017; 2019 ch. 153, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (c), deleted the former last sentence which allowed a 60-day period for renewal of a license after compliance with board rules and regulations; and in (d) inserted “by the expiration date.”

The 2017 amendment , effective July 1, 2017, substituted “licenses or certificates” for “licenses” and variants throughout; in (b) added “an advanced practice registered nurse” preceding “registered nurse,” added “or certified nursing assistant” preceding “who demonstrates”; in (d) added “or nurse assisting”; and made related changes.

The 2019 amendment, effective July 1, 2019, added (e).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-130. Relicensure or recertification.

Licensees or certificate holders who have allowed their license or certificate to lapse by failure to renew as herein provided, may apply for relicensure or recertification according to board rules and regulations. Upon satisfaction of the requirements for relicensure or recertification, the board shall issue a renewal of license or certificate to practice nursing or nurse assisting.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, substituted “relicensure” for “licensure” in the second sentence.

The 2017 amendment , effective July 1, 2017, substituted “license or certificate” for “license” and variants five times; and added “or nurse assisting” at the end.

§ 33-21-131. Inactive status; reactivation or recertification.

Licensees or certificate holders who hold an active license or certificate to practice in this state, and who wish to discontinue the practice of professional or practical nursing or nurse assisting in this state, may request in writing that the board place their license or certificate on inactive status. A licensee or certificate holder on inactive status shall not be considered lapsed or expired. A biennial renewal fee shall be required to retain the inactive status. Licensees or certificate holders on inactive status may apply for reactivation pursuant to board rules and regulations.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, rewrote the third sentence, which formerly read: “No renewal fee will be required of any licensee whose license has been placed on inactive status.”

The 2017 amendment , effective July 1, 2017, added “or certificate holders” following “licensees” three times, substituted “license or certificate” for “license” twice, added “or nurse assisting” following “practical nursing” near the middle of the first sentence.

§ 33-21-132. Temporary permit.

The board may issue a temporary permit to practice nursing or nurse assisting to an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant who is awaiting licensure or certification by endorsement and who is currently licensed or certified in good standing in another jurisdiction, territory or possession of the United States. The period for a temporary permit shall not exceed ninety (90) days, provided the applicant submits a written application for licensure or certification by endorsement in a form and substance satisfactory to the board. A temporary permit for such a request shall be issued only one (1) time.
The board may issue a temporary permit to practice nursing or nurse assisting to an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant who is not seeking licensure or certification by endorsement and who is currently licensed or certified in good standing in another jurisdiction, territory or possession of the United States. The period for a temporary permit shall not exceed ninety (90) days, provided the applicant submits a written application for licensure or certification by endorsement in a form and substance satisfactory to the board. A temporary permit for such a request shall be issued only one (1) time.
The board may issue a temporary permit to practice nursing or nurse assisting to a graduate of an approved nursing or nursing assistant education program, pending the results of the first board approved national nursing licensure or certification examination offered after graduation. A temporary permit shall not be issued to any applicant who has previously failed a board approved national nursing licensure or certification examination. The temporary permit shall be surrendered in event of failure of the licensure or certification examination. A new graduate holding a temporary permit shall practice only under the direction and supervision of a registered professional nurse. A temporary permit for such a request shall be issued only one (1) time.
The board may issue a temporary permit to graduates of foreign schools of nursing who have met the requirements for licensure by examination or endorsement pursuant to board rules and regulations. Applicants showing evidence of certification from a board approved national certifying organization for graduates of foreign nursing schools shall take the first available board approved national nursing licensure or certification examination for which they are eligible. A temporary permit for such a request shall be issued only one (1) time.
A temporary permit is nonrenewable.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, in (c), in the first sentence, deleted “who has not taken the first examination offered after the applicant's graduation or” following “any applicant”; in (d), rewrote the second sentence; and made stylistic changes.

The 2017 amendment , effective July 1, 2017, throughout (a), (b), (c), and (d), substituted “licensed or certified” for “licensed” and variants several times; in (a), (b), and (c) added “or nurse assisting” following “practice nursing” and variants four times; in (a) and (b) substituted “an advanced practice registered nurse, registered nurse” for “a registered nurse” twice and added “or certified nursing assistant” following “licensed practical nurse” twice; in (a) added the last sentence; in (c) added the last sentence; in (d) added “available” preceding “board approved national,” deleted “offered” following “examination,” added the last sentence; and made related changes.

§ 33-21-133. Licensees and certificate holders to provide statistical information to board.

Each licensee and certificate holder shall provide reasonable information for statistics requested by the board to perform its duties in nursing manpower planning.

History. Laws 1983, ch. 82, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2017 amendment , effective July 1, 2017, added “and certificate holder” following “Each licensee.”

§ 33-21-134. Registered professional nurse; use of R.N.; advanced practice registered nurse; use of A.P.R.N.

Any person who holds a license to practice as a registered professional nurse in this state or who holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact, shall have the right to use the title “Registered Nurse” and the abbreviation “R.N.” No other person shall assume this title or use this abbreviation or any words, letters, signs or devices to indicate that the person using same is a registered professional nurse.
Any person who holds a license to practice as an advanced practice registered nurse in this state, or who holds a license in another state and is practicing in this state pursuant to the Advanced Practice Registered Nurse Compact, shall have the right to use the title “Advanced Practice Registered Nurse” and the abbreviation “A.P.R.N.” No other person shall assume this title or use this abbreviation or any words, letters, signs or devices to indicate that the person using same is an advance practice registered nurse.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2016 ch. 10, § 2, effective July 1, 2016; 2016 ch. 11, § 2, effective July 1, 2016.

The 2005 amendment, effective July 1, 2005, added (b), designating the existing provisions as (a).

The 2016 amendments. — The first 2016 amendment, by ch. 10 § 2, effective July 1, 2016, added “or who holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact,” following “registered professional nurse in this state” in (a).

The second 2016 amendment, by ch. 11 § 2, effective July 1, 2016, added “or who holds a license in another state and is practicing in this state pursuant to the Advanced Practice Registered Nurse Compact” in the first sentence of (b).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 33-21-135. Licensed practical nurse; use of L.P.N.

Any person who holds a license to practice as a licensed practical nurse in this state or who holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact, shall have the right to use the title “Licensed Practical Nurse” and the abbreviation “L.P.N.” No other person shall assume this title or use this abbreviation or any words, letters, signs or devices to indicate that the person using same is a licensed practical nurse.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2016 ch. 10, § 2, effective July 1, 2016.

The 2005 amendment, effective July 1, 2005, inserted “in this state” in the first sentence.

The 2016 amendment , effective July 1, 2016, added “or who holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact,” following “licensed practical nurse in this state” in the first sentence.

Appropriations. —

Laws 2004, ch. 95, § 306, effective July 1, 2004, appropriates $1,500,000 from the general fund to the state auditor to be expended to bring salaries for licensed practical nurse (LPN), Nurse 3, Nurse 4 and Nurse 5 positions to a competitive level of Wyoming nursing salaries as determined by the human resources division of the department of administration and information. This appropriation is to be utilized to achieve maximum recruitment and retention, and to reduce turnover and the need to utilize pool nurses. Of this general fund appropriation, funds are not to be used to supplant other funding sources if such sources have been used to fund nursing positions prior to the effective date of this act.

§ 33-21-136. New graduate professional nurse; use of G.N.; new graduate advanced practice registered nurse; use of G.A.P.R.N.

Any person who holds a temporary permit as a new graduate professional nurse in this state shall use the title “Graduate Nurse” and the abbreviation “G.N.” No other person shall assume this title or use this abbreviation or any words, letters, signs or devices to indicate that the person using same is a new graduate professional nurse.
Any person who holds a temporary permit as a new graduate advanced practice registered nurse in this state shall use the title “Graduate Advanced Practice Registered Nurse” and the abbreviation “G.A.P.R.N.” No other person shall assume this title or use this abbreviation or any words, letters, signs or devices to indicate that the person using same is a new graduate advanced practice registered nurse.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, added (b), designating the existing provisions as (a); and in (a), in the first sentence, inserted “in this state.”

§ 33-21-137. New graduate practical nurse; use of G.P.N.

Any person who holds a temporary permit as a new graduate practical nurse in this state shall use the title “Graduate Practical Nurse” and the abbreviation “G.P.N.” No other person shall assume this title or use this abbreviation or any words, letters, signs or devices to indicate that the person using same is a new graduate practical nurse.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, inserted “in this state” in the first sentence and made a stylistic change.

§ 33-21-138. Nursing education programs; approval by board.

The board shall by rules and regulations that establish standards for nursing education programs define the process for board approval of nursing education programs and collect actual costs incurred for the approval process for nursing education programs, not to exceed five thousand dollars ($5,000.00).

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, which formerly read: “The board shall by rules and regulations establish standards for nursing education programs as meet the requirements of this act and the board rules and regulations.”

Laws 2005, ch. 191, § 2, subsection 057, appropriates $250,000 to be used to fund licensed practical nursing outreach program coordinators, which funding is not to be released to a college until the college has signed an agreement with a community outside the college district to offer a licensed practical nursing program in the community.

Laws 2005, ch. 191, § 400, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2005.

§ 33-21-139. Nursing education programs; approval by board; procedure.

An institution or program desiring to initiate a nursing education program in this state shall apply to the board and submit evidence that its nursing program is able to meet the standards established by the board. If upon investigation the board finds that the program meets the established standards for nursing education programs, it may grant approval to the applicant program.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, substituted “or program” for “within the state” and inserted “in this state.”

§ 33-21-140. Nursing education programs; periodic evaluation.

The board shall periodically provide for reevaluation of approved nursing education programs based on actual reports or resurveys and shall publish a list of approved programs. The board shall collect actual costs incurred for the survey and approval process from the nursing education program, not to exceed five thousand dollars ($5,000.00).

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, added the second sentence.

§ 33-21-141. Nursing education programs; denial or withdrawal of approval.

The board may deny or withdraw approval or take action as deemed necessary regarding nursing education programs that fail to meet the standards established by the board, provided that all actions shall be effected in accordance with the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].

History. Laws 1983, ch. 82, § 1.

§ 33-21-142. Nursing education programs; reinstatement of approval.

The board may reinstate approval of a nursing education program upon submission of satisfactory evidence that its program meets the standards established by the board.

History. Laws 1983, ch. 82, § 1.

§ 33-21-143. Nursing education programs; provisional approval.

The board may grant provisional approval of new programs pending the licensure results of the first graduating class.

History. Laws 1983, ch. 82, § 1.

§ 33-21-144. Nursing education programs; conditional approval.

The board may grant conditional approval of an established program pending removal or correction of deficiencies, as identified by the board.

History. Laws 1983, ch. 82, § 1.

§ 33-21-145. Violations; penalties.

No person shall:
1. Engage in the practice of nursing or nurse assisting as defined in this act without a valid, current license, certificate or temporary permit, except as otherwise permitted under this act or the Nurse Licensure Compact or the Advanced Practice Registered Nurse Compact;
2. Practice nursing or nurse assisting under cover of any diploma, license, certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
3. Use any words, abbreviations, figures, letters, titles, signs, cards or devices tending to imply that the person is an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant unless the person is duly licensed or certified as an advanced practice registered nurse, registered nurse, licensed practical nurse or certified nursing assistant under this act or the Advanced Practice Registered Nurse Compact or holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact;
4. Knowingly employ unlicensed or uncertified persons in the practice of nursing or nurse assisting;
5. Knowingly conceal information relating to violations of this act;
6. Conduct a nursing education program for the preparation of registered nurses or licensed practical nurses unless the program has been approved by the board;
7. Otherwise violate or aid or abet another person to violate any provision of this act; or
8. Practice nursing or nurse assisting during the time a license or certificate is suspended, revoked, surrendered, inactive or lapsed.
Violation of any of the provisions of this act constitutes a misdemeanor and upon conviction, the person is subject to a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

History. Laws 1983, ch. 82, § 1; 2004, ch. 130, § 1; 2005, ch. 224, § 1; 2006, ch. 114, § 1; 2016 ch. 10, § 2, effective July 1, 2016; 2016 ch. 11, § 2, effective July 1, 2016; 2017 ch. 167, § 1, effective July 1, 2017.

The 2004 amendment, in (b), inserted “any of” following “Violation of.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendment, effective July 1, 2005, rewrote (a)(iii); added (a)(viii); and made stylistic changes.

The 2006 amendment, deleted “or” at the end of (a)(vi).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2016 amendments. — The first 2016 amendment, by ch. 10 § 2, effective July 1, 2016, in (a)(i), added “or the Nurse Licensure Compact” at the end; in (a)(ii), added “or holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact” at the end.

The second 2016 amendment, by ch. 10 § 2, effective July 1, 2016, added “or the Advanced Practice Registered Nurse Compact” at the end of (a)(i) and (a)(iii).

The 2017 amendment , effective July 1, 2017, added “or nurse assisting” following “practice of nursing” and variants throughout the section; in (a)(ii) added “certificate” preceding “or record illegally”; in (a)(iii) added “an advanced practice registered nurse” following “the person is,” substituted “certified nursing assistant” for “advanced practice registered nurse” preceding “unless the person,” substituted “duly licensed or certified as an advanced practice registered nurse, registered nurse” for “duly licensed as a registered nurse,” and substituted “or certified nursing assistant” for “or recognized as an advanced practice registered nurse”; in (a)(iv) added “or uncertified” following “unlicensed” and added “or nurse assisting” following “practice of nursing”; in (a)(viii) added “or nurse assisting” following “practice nursing” and “or certificate” following “a license.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

Conflicting legislation. —

§ 33-21-146. Disciplining licensees and certificate holders; grounds.

The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:
1. Has engaged in any act inconsistent with uniform and reasonable standards of nursing practice as defined by board rules and regulations;
2. Has been found guilty by a court, has entered an Alford plea or has entered a plea of nolo contendere to a misdemeanor or felony that relates adversely to the practice of nursing or to the ability to practice nursing;
3. Has practiced fraud or deceit:
  1. In procuring or attempting to procure a license or certificate to practice nursing or nurse assisting;
  2. In filing or reporting any health care information, including but not limited to client documentation, agency records or other essential health documents;
  3. In signing any report or record as an advanced practice registered nurse, registered nurse, a licensed practical nurse or certified nursing assistant;
  4. In representing authority to practice nursing or nurse assisting; or
  5. In submitting any information or record to the board.
4. Is unfit or incompetent to practice nursing by reason of negligence, habits or other causes including but not limited to:
  1. Being unable to practice nursing with reasonable skill and safety to patients by reason of physical or mental disability, or use of drugs, narcotics, chemicals or any other mind-altering material; or
  2. Performance of unsafe nursing practice or failure to conform to the essential standards of acceptable and prevailing nursing practice, in which case actual injury need not be established.
5. Has engaged in any unauthorized possession or unauthorized use of a controlled substance as defined in the Wyoming Controlled Substances Act [§§ 35-7-1001 through 35-7-1057 ];
6. Has had a license or certificate to practice nursing or nurse assisting or to practice in another health care discipline in another jurisdiction, territory or possession of the United States denied, revoked, suspended or otherwise restricted;
7. Has practiced nursing or nurse assisting within this state without a valid current license or temporary permit or as otherwise permitted under this act, the Nurse Licensure Compact or the Advanced Practice Registered Nurse Compact;
8. Has knowingly and willfully failed to report to the board any violation of this act or of board rules and regulations;
9. Has been found by the board to have violated any of the provisions of this act or of board rules and regulations;
10. Has knowingly engaged in an act which the licensee or certificate holder knew was beyond the scope of the individual’s nursing or nurse assisting practice prior to committing the act, or performed acts without sufficient education, knowledge or ability to apply nursing principles and skills;
11. Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act; or
12. Has violated a previously entered board order.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license or certificate issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license or certificate in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license or certificate withheld, suspended or restricted under this subsection.

History. Laws 1983, ch. 82, § 1; 1993, ch. 8, § 1; 1997, ch. 128, § 2; 2005, ch. 224, § 1; 2006, ch. 114, § 1; 2011, ch. 171, § 1; 2016 ch. 10, § 2, effective July 1, 2016; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, in (a)(ii) inserted “has entered an Alford plea” and “misdemeanor or”; rewrote (a)(iii)(B), which formerly read: “In filing any reports or completing patient records”; in (a)(vi) deleted provisions pertaining to continuing education; added (a)(xi); and made stylistic changes.

The 2006 amendment, deleted “or” at the end of (a)(ix).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2011 amendment, effective July 1, 2011, in the introductory language of (a), inserted “or certificate holder”; added (a)(xii); and made related changes.

The 2016 amendment, effective July 1, 2016, added “or the Nurse Licensure Compact” at the end in in (a)(vii).

The 2017 amendment , effective July 1, 2017, substituted “license or certificate” for “license” throughout the section; substituted “practice nursing or nurse assisting” for “practice nursing” throughout the section; rewrote (a)(iii)(C), which formerly read: “In signing any report or record as a registered nurse or as a licensed practical nurse”; in (a)(vii) added “or the Advanced Practice Registered Nurse Compact” to the end; in (a)(x) added “or certificate holder” following “which the licensee”; and made related changes.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting Legislation. —

§ 33-21-147. Disciplining licensees or certificate holders; procedure.

A proceeding for discipline of a licensee, certificate holder or a temporary permit holder, or action against an applicant for a license, certificate or temporary permit, may be commenced when the board has reasonable grounds to believe that a person under the board’s jurisdiction has committed acts in violation of W.S. 33-21-146 . No license or certificate to practice nursing or nurse assisting may be revoked or denied by the board without affording the licensee, certificate holder or applicant due process of law. However, the board may summarily suspend a license or certificate and institute proceedings concomitantly if the board finds that the licensee or certificate holder presents a clear and immediate danger to the public health, safety and welfare if allowed to continue to practice. For purposes of a suspension or other restriction imposed pursuant to W.S. 33-21-146 (b), the board may presume that the court imposing the suspension or restriction afforded the licensee, certificate holder or applicant due process of law.

History. Laws 1983, ch. 82, § 1; 1997, ch. 128, § 2; 2017 ch. 167, § 1, effective July 1, 2017.

The 2017 amendment , effective July 1, 2017, added “certificate holder” following “licensee” and variants numerous times, added “certificate” following “license” and variants twice, added “or nurse assisting” following “practice nursing” near the beginning of the second sentence, and made related changes.

§ 33-21-148. Disciplining licensees; reinstatement.

Any person whose license or certificate has been denied, suspended or revoked, pursuant to this act, may apply to the board for reinstatement of the license or certificate or issuance of a license or certificate after fulfilling those requirements determined by the board. The application shall be made in writing and in the form prescribed by the board. The board may grant or deny the application or it may modify its original findings to reflect any circumstances that have changed sufficiently to warrant modifications.

History. Laws 1983, ch. 82, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

Amendment Notes

The 2017 amendment , effective July 1, 2017, substituted “license or certificate” for “license” three times.

Meaning of “this act.” —

For the definition of this act, referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-149. Disciplining licensees or certificate holders; conditional licensure.

As a result of disciplinary action, the board may in addition to other powers and duties, issue, renew or reinstate licenses or certificates subject to reasonable conditions which the board may impose.

History. Laws 1983, ch. 82, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2017 amendment , effective July 1, 2017, substituted “license or certificate” for “license.”

§ 33-21-150. Immunity of board members and persons reporting information to board.

Any member or agent of the board, or any person under oath, is not subject to a civil action for damages as a result of reporting information in good faith, without fraud or malice, relating to alleged violations of this act or board rules and regulations including, but not limited to:
1. Negligence, malpractice or the qualification, fitness or character of a person licensed or certified, or applying for a license or certificate, to practice nursing or nurse assisting; or
2. Violations of the standards of nursing education programs as defined by board rule and regulations.
The immunity provided by this section shall extend to the members of any professional review committee and witnesses appearing before the committee which is authorized by the board to act pursuant to this section.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, rewrote (a).

The 2017 amendment , effective July 1, 2017, in (a)(i) substituted “license or certificate” for “license” twice and added “or nurse assisting” following “practice nursing”.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-151. Injunctive relief; grounds.

The board may petition in its own name for an injunction to a proper court of competent jurisdiction to enjoin:
1. Any person from practicing nursing or nurse assisting, within the meaning of this act, without a valid license, certificate or temporary permit, unless so exempted under W.S. 33-21-154 ;
2. Any licensee or certificate holder from practicing who allegedly is in violation of this act; or
3. Any person, firm, corporation, institution or association from employing any individual to practice nursing or nurse assisting who is not licensed or certified under this act or exempted under W.S. 33-21-154 .

History. Laws 1983, ch. 82, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2017 amendment , effective July 1, 2017, substituted “practicing nursing or nurse assisting” for “practicing nursing” twice; in (a)(i) added “certificate” following “valid license,” in (a)(ii) added “ or certificate holder” following “any licensee,” in (a)(iii) added “or certified” following “not licensed.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of this act, referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-152. Injunctive relief; procedure.

Upon the filing of a verified petition the court may issue an injunction for violation of W.S. 33-21-151 . In case of violation of an injunction issued under this section, the court may find the offender guilty of contempt of court.
The injunction proceedings shall be in addition to, not in lieu of, all penalties and other remedies provided in this act.

History. Laws 1983, ch. 82, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-153. Names of terminated licensees or certificate holders to board; enforcement by court order; civil contempt for noncompliance; immunity.

Hospitals, nursing homes and other employers of advanced practice registered nurses, registered nurses, licensed practical nurses and certified nursing assistants shall report to the board the names of those licensees or certificate holders whose employment has been terminated voluntarily or involuntarily for any reasons stipulated in W.S. 33-21-146 .
The board may seek an order from a proper court of competent jurisdiction for a report from any of the parties stipulated in subsection (a) of this section if one is not forthcoming voluntarily.
The board may seek a citation for civil contempt if a court order for a report is not obeyed by any of the parties stipulated in subsection (a) of this section.
Any institution or person reporting in good faith and without fraud or malice, information to the board under this section, is immune from civil action as provided in W.S. 33-21-150 .

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, in (a), inserted “advanced practice registered nurses.”

The 2017 amendment , effective July 1, 2017, added “advanced practice registered nurses” following “other employers of,” substituted “certified nursing assistants” for “advanced practice registered nurses,” and substituted “licensees or certificate holders” for “licensees”.

§ 33-21-154. Exemptions.

No provisions in this act prohibit:
1. The practice of nursing by persons enrolled in board approved nursing programs when the practice is part of their program of study;
2. The rendering of assistance by anyone in the case of an emergency;
3. The incidental health care by members of the family and friends;
4. The rendering of nursing services on a fee-for-service basis, or the reimbursement for nursing services directly to a registered nurse, licensed practical nurse or advanced practice registered nurse by any governmental program, commercial insurance company, hospital or medical services plan, or any other third-party payor;
5. The establishment of an independent nursing practice by one (1) or more licensed nurses for the purpose of rendering nursing services within the scope of the license to practice nursing;
6. The practice of any currently registered nurse, licensed practical nurse or advanced practice registered nurse of another state who is employed by the United States government, or any bureau, division or agency thereof while in the discharge of official duties;
7. The practice of any currently registered nurse, licensed practical nurse or advanced practice registered nurse of another state who is employed by an individual, agency or corporation located in another state and whose employment responsibilities include transporting patients into, out of, or through this state. The exemptions shall be limited to a period not to exceed forty-eight (48) hours for each transport;
8. The practice of any currently registered nurse, licensed practical nurse or advanced practice registered nurse of another state who is presenting educational programs or consultative services within this state for a period not to exceed a total of fourteen (14) days per year;
9. The practice of any nurse or nursing assistant, currently licensed or certified in another jurisdiction, in the provision of nursing care in the case of an emergency or disaster as declared by the governor;
10. The practice of any nurse within this state who holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact;
11. The practice of any advanced practice registered nurse who holds a license in another state and is practicing in this state pursuant to the Advanced Practice Registered Nurse Compact.
Nothing in this act shall be construed as:
1. Restricting the practice, services or activities of any person licensed under this title while practicing within the scope of practice provided in the person’s licensure act under this title; or
2. Prohibiting or regulating the delegation of functions within the scope of practice by any person other than a nurse licensed pursuant to this title provided that the delegation does not violate the act under which the person is licensed and provided that the board of nursing may discipline anyone licensed pursuant to this act for accepting any delegation that is beyond the person’s scope of practice as defined by this act and that presents a danger of harm to a patient.

History. Laws 1983, ch. 82, § 1; 2005, ch. 224, § 1; 2011, ch. 169, § 1; 2016 ch. 10, § 2, effective July 1, 2016; 2016 ch. 11, § 2, effective July 1, 2016; 2017 ch. 167, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, inserted “or advanced practice registered nurse” in (a)(iv), (a)(vi), (a)(vii) and (a)(viii); added (a)(ix); and added (b).

The 2011 amendment, effective July 1, 2011, rewrote (a)(i), which formerly read: “The practice of professional and practical nursing that is an integral part of a program by students enrolled in board approved nursing education programs leading to initial licensure.”

The 2016 amendments. — The first 2016 amendment, by ch. 10 § 2, effective July 1, 2016, added (a)(x).

The second 2016 amendment, by ch. 11 § 2, effective July 1, 2016, added (a)(x).

This section is set out as reconciled by the Wyoming legislative service office.

The 2017 amendment , effective July 1, 2017, in (a)(ix) added “or nursing assistant” following “any nurse” and substituted “licensed or certified” for “licensed,” in (a)(xi) added “the Advanced Practice Registered Nurse Compact” to the end.

Meaning of “this act.” —

For the definition of this act, referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-155. Board to establish fees; disposition of fees; appropriations to board.

The board may establish appropriate fees as stated in board rules and regulations not to exceed the maximum stated in W.S. 33-21-122(c)(xxi).
All fees collected by the board under this act shall be deposited to the state treasurer’s office and shall be placed in a separate account. There shall be appropriated to the board of nursing from the account, sums as may be necessary to carry out the provisions of this act. Appropriations shall be based upon submission of a budgetary request as provided by W.S. 9-2-1011 and 9-2-1012 .

History. Laws 1983, ch. 82, § 1; 2005, ch. 224 § 1, ch. 231, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 224, § 1, effective July 1, 2005, in (a), substituted “W.S. 33-21-122(c)(xxi)” for “W.S. 33-21-122(c)(xx).”

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, in (b), substituted “a separate account” for “an account within the earmarked revenue fund” and “account” for “Wyoming state board of nursing earmarked revenue nurses' fund.”

See the conflicting legislation note. This section is set out incorporating amendments by both 2005 acts.

Meaning of “this act.” —

For the definition of this act, referred to in this section, see § 33-21-120(a)(xiii).

Conflicting legislation. —

§ 33-21-156. Persons licensed under previous law.

Any individual holding a license to practice nursing as a registered nurse in this state that is valid on July 1, 2005, shall be deemed to be licensed as a registered nurse under this act.
Any individual holding a license to practice nursing as a licensed practical nurse in this state that is valid on July 1, 2005, shall be deemed to be licensed as a licensed practical nurse under this act.
Any individual eligible for reactivation of a license to practice nursing as a registered nurse or as a licensed practical nurse in this state on July 1, 2005, shall be deemed to be eligible to be licensed as a registered nurse or as a licensed practical nurse.
Any individual as of July 1, 2005, who has allowed a license to practice nursing as a registered nurse or licensed practical nurse in this state to lapse because of failure to renew, may become licensed as a registered nurse or as a licensed practical nurse by applying for relicensure pursuant to relicensure requirements established in this act and in board rules and regulations.
Those licensed under the provisions of subsections (a) through (d) of this section are eligible for renewal of the license pursuant to renewal requirements established in this act and in board rules and regulations.
Any individual holding recognition to practice as an advanced practice registered nurse in this state that is valid on July 1, 2005 shall be deemed to be an advanced practice registered nurse under this act.

History. Laws 1983, ch. 82, § 1; 1986, ch. 34, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (f); and substituted “July 1, 2005” for “July 1, 1983” throughout the section.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-157. Nurses volunteer license.

As used in this section, “low income uninsured person” and “nonprofit health care facility” have the same meanings as in W.S. 33-15-131(a).
For purposes of this section, a person shall be considered retired from the practice of practical, professional or advanced practice registered nursing if the person’s license has expired.
The state board of nursing may issue, with or without examination, a volunteer’s license to a person who is retired from practice so that the person may provide nursing services to low income uninsured persons at nonprofit health care facilities. The board shall deny issuance of a volunteer’s license to a person who is not qualified under this section to hold a volunteer’s license.
An application for a volunteer’s license shall include all of the following:
1. A copy of the applicant’s nursing degree;
2. A copy of the applicant’s most recent license authorizing the practice of nursing issued by a jurisdiction in the United States that licenses persons to practice nursing;
3. Evidence of one (1) of the following, as applicable:
  1. The applicant has maintained for at least ten (10) years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice nursing; or
  2. The applicant has practiced for at least ten (10) years immediately prior to retirement in good standing as a nurse in one (1) or more of the branches of the United States armed services; and
4. A notarized statement from the applicant, on a form prescribed by the board, that the applicant:
  1. Will not accept any form of remuneration for any nursing services rendered while in possession of a volunteer’s license;
  2. Will devote his nursing practice exclusively and totally to providing nursing services to low income uninsured persons at a nonprofit health care facility in this state; and
  3. Will provide any other documentation that the board reasonably may require.
The holder of a volunteer’s license may provide nursing services only on the premises of a nonprofit health care facility in this state and only to low income uninsured persons. The holder shall not accept any form of remuneration for providing nursing services while in possession of the license. The board may revoke a volunteer’s license on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the license.
A volunteer’s license shall be valid for a period of one (1) year, unless earlier revoked under subsection (e) of this section or pursuant to title 33, chapter 21 of the Wyoming statutes. A volunteer’s license may be renewed upon the application of the holder. The board shall maintain a register of all persons who hold volunteer’s licenses. The board shall not charge a fee for issuing or renewing a license pursuant to this section.
To be eligible for renewal of a volunteer’s license, the holder of the license shall certify to the board completion of any continuing education required under this act as if the holder of the license were in active practice. The board shall not renew a license if the holder has not complied with the continuing education requirements. The nonprofit health care facility in which the holder provides nursing services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education.
The board shall issue to each person who qualifies under this section a volunteer’s license that states the license holder is authorized to provide nursing services pursuant to the laws of this state.
Except as provided in this section, any person holding a volunteer’s license issued by the board under this section shall be subject to the requirements of this act and the jurisdiction of the board as if he were licensed to practice nursing under this act.
The board shall adopt rules to administer and enforce this section.

History. Laws 2003, ch. 116, § 1; 2005, ch. 224, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (b), specifying the professions; rewrote (d)(ii), deleting former (d)(ii)(B), which read: “A copy of the applicant's most recent license equivalent to a license to practice nursing in one (1) or more branches of the United States armed services that the United States government issued”; in (d)(iv)(B), inserted “nursing” preceding “practice” and substituted “nursing” for “medical” preceding “services”; substituted “license” for “certificate” throughout the section; and made stylistic changes.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of this act, referred to in this section, see § 33-21-120(a)(xiii).

§ 33-21-158. Advanced practice registered nurses; signature authority.

Except as otherwise provided by law and including the restriction in W.S. 33-21-120(a)(i)(A), an advanced practice registered nurse acting within the scope of the advanced practice registered nurse’s practice may fulfill any requirement for a signature, certification, stamp, verification, affidavit, endorsement or other acknowledgement by a physician. Nothing in this section shall be construed to expand the scope of practice of an advanced practice registered nurse as provided in this article.

History. 2020 ch. 57, § 1, effective July 1, 2020.

Effective date. — Laws 2020, ch. 57, § 4, makes the act effective July 1, 2020.

Article 2. Nurse Licensure Compact

§ 33-21-201. Short title.

This article shall be known and may be cited as the “Nurse Licensure Compact.”

History. 2016 ch. 10, § 1, effective July 1, 2016.

Effective date. —

Laws 2016, ch. 10 § 3, makes the act effective July 1, 2016.

§ 33-21-202. Compact approved and ratified.

The Nurse Licensure Compact is enacted into law and entered into on behalf of this state with all other states legally joining in the compact in a form substantially as follows:

History. 2016 ch. 10, § 1, effective July 1, 2016.

Article I Findings and Declaration of Purpose

The party states find that:
1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
The general purposes of this compact are to:
1. Facilitate the states’ responsibility to protect the public’s health and safety;
2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;
4. Promote compliance with the laws governing the practice of nursing in each jurisdiction;
5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
6. Decrease redundancies in the consideration and issuance of nurse licenses; and
7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

Article II Definitions

As used in this compact:
1. “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action;
2. “Alternative program” means a nondisciplinary monitoring program approved by a licensing board;
3. “Coordinated licensure information system” means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards;
4. “Current significant investigative information” means:
  1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
  2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
5. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board;
6. “Home state” means the party state which is the nurse’s primary state of residence;
7. “Licensing board” means a party state’s regulatory body responsible for issuing nurse licenses;
8. “Multistate license” means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege;
9. “Multistate licensure privilege” means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state;
10. “Nurse” means RN or LPN/VN, as those terms are defined by each party state’s practice laws;
11. “Party state” means any state that has adopted this compact;
12. “Remote state” means a party state, other than the home state;
13. “Single-state license” means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state;
14. “State” means a state, territory or possession of the United States and the District of Columbia;
15. “State practice laws” means a party state’s laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Article III General Provisions and Jurisdiction

A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.
A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. The procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.
Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
1. Meets the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;
2. Has graduated or is eligible to graduate from a licensing board approved RN or LPN/VN prelicensure education program or has graduated from a foreign RN or LPN/VN prelicensure education program that:
  1. Has been approved by the authorized accrediting body in the applicable country; and
  2. Has been verified by an independent credentials review agency to be comparable to a licensing board approved prelicensure education program.
3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
4. Has successfully passed the NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable;
5. Is eligible for or holds an active, unencumbered license;
6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records;
7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
9. Is not currently enrolled in an alternative program;
10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and
11. Has a valid United States social security number.
All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
Individuals not residing in a party state shall continue to be able to apply for a party state’s single state license as provided under the laws of each party state. However, the single state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single state license.
Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse’s then current home state, provided that:
1. A nurse, who changes primary state of residence after this compact’s effective date, must meet all applicable Article III(c) requirements to obtain a multistate license from a new home state;
2. A nurse who fails to satisfy the multistate licensure requirements in Article III(c) due to a disqualifying event occurring after this compact’s effective date shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators (“Commission”).

Article IV Applications for Licensure in a Party State

Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
A nurse may hold a multistate license, issued by the home state, in only one (1) party state at a time.
If a nurse changes primary state of residence by moving between two (2) party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission. Further:
1. The nurse may apply for licensure in advance of a change in primary state of residence;
2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single state license, valid only in the former home state.

Article V Additional Authorities Invested in Party State Licensing Boards

In addition to the other powers conferred by state law, a licensing board shall have the authority to:
1. Take adverse action against a nurse’s multistate licensure privilege to practice within that party state as follows:
  1. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state;
  2. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
2. Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state;
3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions;
4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located;
5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions;
6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse;
7. Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking the adverse action.
If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.
Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

Article VI Coordinated Licensure Information System and Exchange of Information

All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications, including the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether the participation is deemed nonpublic or confidential under state law.
Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
1. Identifying information;
2. Licensure data;
3. Information related to alternative program participation; and
4. Other information that may facilitate the administration of this compact, as determined by commission rules.
The compact administrator of a party state shall provide all investigative documents and information requested by another party state.

Article VII Establishment of the Interstate Commission of Nurse Licensure Compact Administrators

The party states hereby create and establish a joint public entity known as the Interstate Commission Of Nurse Licensure Compact Administrators, in accordance with the following:
1. The commission is an instrumentality of the party states;
2. Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings;
3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
The membership, voting and meetings of the commission shall be as follows:
1. Each party state shall have and be limited to one (1) administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists;
2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by any other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication;
3. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission;
4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII;
5. The commission may convene in a closed, nonpublic meeting if the commission must discuss:
  1. Noncompliance of a party state with its obligations under this compact;
  2. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;
  3. Current, threatened or reasonably anticipated litigation;
  4. Negotiation of contracts for the purchase or sale of goods, services or real estate;
  5. Accusing any person of a crime or formally censuring any person;
  6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
  7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
  8. Disclosure of investigatory records compiled for law enforcement purposes;
  9. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or
  10. Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this subsection, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to:
1. Establishing the fiscal year of the commission;
2. Providing reasonable standards and procedures:
  1. For the establishment and meetings of other committees; and
  2. Governing any general or specific delegation of any authority or function of the commission.
3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of the meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission; and
6. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.
The commission shall publish its bylaws and rules, and any amendments, in a convenient form on the website of the commission.
The commission shall maintain its financial records in accordance with the bylaws.
The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
The commission shall have the following powers:
1. To promulgate uniform rules to facilitate and coordi