052-1 Wyo. Code R. §§ 1-5 - Licensure
(a) Pursuant to
the Act, the board may issue the following licenses to practice medicine:
(i) A license to practice medicine, subject
to annual renewal.
(ii) A temporary
license to practice medicine pursuant to W.S. 33-26-304(a).
(iii) A restricted or conditional license to
practice medicine.
(iv) An inactive
license. Inactive licenses are available for physicians currently licensed in
Wyoming who do not intend to practice medicine as defined in the Act and these
rules, write prescriptions or engage in clinical activity. The Board may grant
an inactive license if, in addition to meeting all eligibility requirements of
W.S. 33-26-303, the applicant submits, on a form approved by the board, a
statement affirming that:
(1) he shall not
practice medicine as defined in the Act and these rules in any
setting,
(2) he shall not in any
way hold himself out as actively engaged in the active practice of medicine,
and
(3) he shall submit written
confirmation to the board on an annual basis confirming that such inactive
status is ongoing. An inactive license exempts the licensee from continuing
medical education requirements described in Chapter 3, Sec. 7 of these rules. A
holder of an inactive license may not prescribe medications. Licensees claiming
inactive status who practice medicine as defined the Act and these rules, or
who prescribe any medication, may be subject to discipline pursuant to W.S. 33-26-402(a)(xxvii). Effective July 1, 2024, the Board will no longer issue
inactive licenses. Inactive licenses in effect on June 30, 2024, may continue
to be renewed annually; however, if the inactive license lapses, the license
holder may only reactivate by completing the process for reactivating an active
license, and the license will be reactivated on active
status.
(v) An emeritus
license. Emeritus licenses are available for retired physicians who hold a
current Wyoming license to practice medicine and wish to provide clinical care
in Wyoming without remuneration or for nominal remuneration in a non-profit
facility. Such license may issue to an applicant who provides proof that he is
retired from the active practice of medicine, provides proof that he has
maintained a license in good standing in Wyoming or another jurisdiction of the
United States or Canada for a period of not less than ten (10) years prior to
applying for the emeritus license, and submits a statement, on a form approved
by the board, affirming that he will not accept any form of remuneration for
medical services rendered in Wyoming while in the possession of an emeritus
license, or that he is receiving only nominal remunerations for providing
medical care in a non-profit facility. As part of the application process, an
applicant for an emeritus medical license who does not hold a current Wyoming
license shall complete all requirements for issuance of a Wyoming medical
license set forth in W.S. 33-26-303. If a licensure interview is required
pursuant to subsection (b) of this rule, such interview may be conducted by one
(1) board member and, if deemed appropriate by the board officers, may be
conducted by telephonic means.
(A) Physicians
possessing an emeritus medical license shall:
(I) Annually acknowledge, on a form approved
by the board, that their medical practice continues to be without remuneration
or is for nominal remuneration in a non-profit facility; and
(II) Even though physicians holding an
emeritus license are not engaged in active clinical practice, the Board expects
that they will engage in life-long learning activities to maintain a base of
medical knowledge and skills. Therefore, the requirements for continuing
medical education noted in Ch. 3, sec. 7 of these rules apply to emeritus
licenses. Continuing medical education may also be satisfied by documented
emeritus clinical service in a non-profit health care facility, such clinical
service to be credited at one (1) hour of continuing medical education credit
for every five (5) hours of clinical service, up to a maximum of ten (10) hours
of continuing medical education credit per calendar year.
(B) The board shall require no fees for the
application for, or renewal of, an emeritus medical license.
(vi) Training license. A medical
training license issued pursuant to W.S. 33-26-304(c) to an applicant who meets
all of the requirements of such statute and these rules.
(A) First-year training license ("T-1"). An
applicant who is in the first year of enrollment in an A.C.G.M.E. or A.O.A.
accredited residency program located in this state may be issued a first-year
training license ("T-1" license). The holder of a T-1 license may not practice
medicine outside of the duties assigned as part, and under the supervision of
the faculty, of the residency program (i.e. "moonlight"). The holder of a T-1
license may not independently prescribe any legend drugs or medications, and
may only prescribe legend drugs or medications with the co-signature of a
physician holding an active license in good standing in this state. The
prohibition on prescribing does not apply to orders written under the
supervision of a licensed attending physician for patients receiving inpatient
care. The T-1 license expires on June 30th of each year, and may not be
renewed.
(B) Second-year training
license ("T-2"). An applicant who has successfully completed not less than one
(1) year in an A.C.G.M.E. accredited residency program and is enrolled in an
A.C.G.M.E. or A.O.A. accredited residency program located in this state as a
second- or third-year resident may be issued a second-year training license
("T-2" license). The holder of a T-2 license may not practice medicine outside
of the duties assigned as part, and under the supervision of the faculty, of
the residency program (i.e., "moonlight") except as specified in paragraph (H)
below. The holder of a T-2 license may independently prescribe legend drugs and
medications, subject to all applicable laws and regulations. The T-2 license
expires on June 30th of each year, and may be renewed only one (1) time upon
applicant's successful completion of the second year of the residency program.
If the applicant meets all requirements for issuance of a regular medical
license under W.S. 33-26-301(b)(i) and W.S. 33-26-303, the T-2 license may not
be renewed.
(C) To qualify for a
training license (T-1 or T-2), an applicant must submit the following:
(I) Evidence that the applicant has graduated
from a school of medicine accredited by the L.C.M.E., a school of osteopathy
accredited by the A.O.A., or a Canadian-accredited school of medicine, or that
the applicant has been certified by the E.C.F.M.G.;
(II) Evidence that the applicant has passed
steps one (1) and two (2) of the U.S.M.L.E. or the COMLEX with a two-digit
score of not less than 75 on each part;
(III) A copy of the applicant's signed
contract then in force with an A.C.G.M.E., or A.O.A. accredited residency
program located in this state (copy of the contract must be submitted with the
application);
(IV) A recommendation
form, as provided by the Board, signed by the director of the residency
program, or his or her designee, stating that the applicant is under the
supervision of the faculty of the residency program;
(V) A completed application on a form
provided or approved by the Board; and,
(VI) The requisite fee(s) in accordance with
this chapter.
(D)
Applicants for a second-year (T-2) training license shall be subject to these
additional requirements:
(I)
Repealed.
(II) The board shall
query the N.P.D.B. and F.S.M.B.'s board action data bank regarding the
applicant; and,
(III) The applicant
will submit documentation that he or she has successfully completed not less
than one (1) year in an A.C.G.M.E. or A.O.A. accredited residency program and
is enrolled in an A.C.G.M.E. or A.O.A. accredited residency program located in
this state as a second- or third-year resident.
(E) When the application for a training
license is complete, the Board's executive director shall review the
application, and may take the following action:
(I) Issue the training license; or
(II) Refer the application to the application
review committee for review. The application review committee may issue the
training license, issue the training license subject to conditions and/or
restrictions agreed upon in writing by the applicant, or deny the application
for the training license. If the application review committee denies the
training license, the applicant may appeal that decision to the full board,
which shall review the application de novo, and which may require the applicant
and/or the director of the residency program to appear for an interview. The
board may issue the training license, issue the training license subject to
conditions and/or restrictions agreed upon in writing by the applicant, or deny
the application for a training license. If the board denies the application, it
shall issue an order to that effect, which shall be appealable to the district
court pursuant to the Act and these Rules.
(F) Renewal of T-2 license. To renew a T-2
license, the applicant must provide documentation of the following:
(I) Successful completion of the second year
of an A.C.G.M.E. or A.O.A. accredited residency program;
(II) A copy of the applicant's signed
contract then in force with an A.C.G.M.E. or A.O.A. accredited residency
program located in this state (copy of the contract must be submitted with the
renewal application);
(III) A
recommendation form, as provided by the Board, signed by the director of the
residency program, or his or her designee, stating that the applicant is under
the supervision of the faculty of the residency program;
(IV) A completed renewal application on a
form provided or approved by the Board; and,
(V) The requisite fee(s) in accordance with
this chapter.
(G)
Automatic termination of training license. Issuance of a training license is
subject to the applicant's current enrollment in an A.C.G.M.E. or A.O.A.
accredited residency program located in this state. If for any reason the
holder of a training license resigns or is dismissed from, or otherwise is no
longer currently enrolled in, an A.C.G.M.E. or A.O.A. accredited residency
program located in this state, the training license shall immediately expire
and be deemed automatically terminated without additional action by the
Board.
(H) A holder of a T-2
license may practice medicine outside of the duties assigned as part of the
residency program in which he or she is enrolled (i.e., "moonlight") only if
these following conditions are met:
(I) The
holder of the T-2 license has passed Step 3 of the USMLE or COMLEX with a
two-digit score of not less than 75;
(II) The holder of the T-2 license receives
advance written approval from the residency program director for his or her
proposed "moonlighting"; and,
(III)
The residency program director notifies the Board in advance and in writing of
the approved "moonlighting" arrangement.
(vii) Volunteer license. The board may issue
a license to a physician who is in good standing in at least one (1) U.S.
jurisdiction other than the state of Wyoming for the purpose of providing
medical treatment as a volunteer, without compensation. An applicant for a
volunteer license must complete and submit a form and documentation prescribed
by the board, meet the requirements of W.S. 33-26-303, agree to comply with the
Act and these rules, agree to be subject to the jurisdiction of the board,
provide proof of licensure in good standing in at least one (1) U.S.
jurisdiction other than the state of Wyoming, and pay the fee set by the board.
A licensure interview is not required for issuance of a volunteer license. A
volunteer license shall be valid for not more than twenty-one (21) consecutive
days in any calendar year, and may not be renewed.
(A) In addition to submitting the fee, a
physician not licensed in this state who applies for a volunteer license shall
submit on a form prescribed by the Board at a minimum the following
information:
(I) Their full name, date of
birth and social security number;
(II) The dates when the volunteer service
will occur; and,
(III) The state
where the physician is currently licensed in good standing to practice
medicine, and the physician's license number in that jurisdiction.
(B) Upon the board's receipt of an
application for a volunteer license, the board shall query the National
Practitioner Data Bank and the Federation of State Medical Boards' Physician
Data Center regarding the physician. If no adverse information is received from
these reports, board staff shall issue the volunteer license, and report the
issuance to the board at the board's next regularly-scheduled meeting. If any
adverse information is received as a result of those queries, board staff will
deny the application for a volunteer license.
(C) If a physician's application for a
volunteer license is denied pursuant to subparagraph (B), above, the physician
may request that determination be reviewed by the Application Review Committee.
The Application Review Committee's decision that the physician is not eligible
to receive a volunteer license may be appealed to the full board.
(viii) Administrative medicine
license. The board may issue an administrative medicine license to a physician
who meets all qualifications for licensure in the state, including payment of a
fee set by the board, but who does not intend to provide medical or clinical
services to or for patients while in possession of an administrative medicine
license. An administrative medicine license is subject to annual
renewal.
(b) Licensure
Application Processing, Review and Interviews.
(i) When an applicant's core application
documents have been received by the Board and are deemed to be satisfactory,
the executive director or his designee will review the application and
supporting materials to determine whether a licensure interview of the
applicant may be required pursuant to this rule. If the executive director or
his designee determines that the applicant has been continually licensed in
good standing (not including training licenses) for the preceding three (3)
years in one or more states and/or the District of Columbia; and the applicant
has a clean application as defined in this chapter, the executive director may,
acting on behalf of the Board, issue a temporary license to the applicant
pursuant and subject to Chapter 1, Section 6 of these rules, including the
requirement for a complete application set forth therein.
(ii) If an applicant is not issued a
temporary license pursuant to paragraph (b)(i) of this rule, when the
application is deemed complete pursuant to Section 4 of this chapter, the
executive director or his designee shall review the application and supporting
materials and may, acting on behalf of the Board, issue a temporary license to
the applicant pursuant and subject to Chapter 1, Section 6 of these rules. If
the executive director or his designee declines to issue a temporary license to
the applicant, the applicant's file shall be presented to the application
review committee for review. The application review committee may:
(A) Issue a temporary license to the
applicant, pursuant to Chapter 1, Section 6 of these rules;
(B) Defer action on the application until the
applicant appears for a licensure interview
(C) Advise the applicant in writing that the
application review committee will bring proceedings to deny the application for
licensure, following the procedure set forth in Chapter 7 of these Rules;
or
(D) If an applicant is applying
for his first medical license in the United States, issue a temporary license
subject to the requirement that the applicant appear for a licensure
interview.
(iii) A
summary of each applicant's licensure file and application will be sent to all
members of the Board prior to the next regularly-scheduled board meeting, and
any board member may request that the applicant appear for a licensure
interview.
(iv) Licensure
interviews. If an application or any information received by the Board
demonstrates that an applicant is of a status or possesses one or more of the
following characteristics, or if any Board member believes a licensure
interview is necessary given the information contained on the application, the
applicant may be required to submit to a licensure interview before a panel of
not less than two (2) board members:
(A) Is
seventy (70) years old or older;
(B) Has been licensed as a physician for more
than thirty-five (35) years;
(C)
Repealed.
(D) Has answered "Yes" to
one or more questions on the application form regarding physical or mental
impairment, substance or alcohol abuse, criminal convictions, liability claims,
prior disciplinary actions, restrictions or conditions on medical licensure,
including relinquishment or surrender of a medical license, or restriction,
suspension, or resignation while under investigation, of hospital
privileges;
(E) Information
acquired or received by the board indicates the applicant may not possess
sufficient medical training, skill or experience appropriate for the
applicant's intended practice in this state;
(F) The applicant's education and/or training
verification documents indicate an unexplained delay in completion of his
medical education or postgraduate training;
(G) The applicant's verification documents
indicate more than one attempt at passage of any examination necessary to
obtain initial licensure or to maintain ongoing licensure;
(H) The applicant's verification documents
indicate failure to pass board specialty recertification
examinations;
(I) One or more board
member(s) determine that there are issues raised by the application and/or any
supporting or verification documents that should be addressed and ruled on by a
panel of board members;
(J) Whose
temporary license was deferred by the application review committee;
(K) The applicant has not previously engaged
in the active practice of medicine for a period of at least twelve (12)
continuous months;
(L) The
applicant has been convicted of or pled guilty or nolo contendere to a charge
of driving while under the influence of an intoxicant within five (5) years of
the date of his/her application;
(M) The applicant has not been engaged in the
active practice of medicine in the immediately-preceding two (2) year
period;
(N) Failure to fully and
completely answer one or more questions on the application form or failing to
answer one or more questions truthfully; or,
(O) The applicant's post graduate work and/or
employment history indicate an unexplained gap.
(v) Licensure interviews shall be conducted
in person (unless otherwise specifically permitted by the board in a written
policy or procedure and shall consist of questions by the panel of board
members and oral responses by the applicant. By his or her responses to
questions posed in the licensure interview, the applicant must demonstrate to
the satisfaction of a majority of the board that he or she is qualified to
practice medicine in this state, that (1) he or she possesses a minimum fund of
general and identified scope of practice medical knowledge appropriate for the
applicant's intended practice in this state, (2) he or she possesses sufficient
medical training and medical experience appropriate for the applicant's
intended practice in this state, (3) he or she possesses personal and
professional character and integrity befitting the practice of medicine, and
(4) that there are no other factors contained in the application or disclosed
in the licensure interview that would demonstrate that the applicant would be
unable to practice medicine in a safe and competent manner.
(vi) Following a licensure interview, the
board shall, by a recorded vote of the board members present:
(A) Grant a license;
(B) Refer the application to the application
review committee to bring proceedings to deny the application upon stated
reasons, following the procedure set forth in Chapter 7 of these
Rules;
(C) Allow the applicant to
withdraw the application;
(D) Agree
in writing signed by the applicant, to the issuance of a license subject to
restrictions and/or conditions; or
(E) Defer action pending successful
completion by the applicant of a medical competence examination such as the
special purpose examination (SPEX) and/or such other examination, review,
evaluation or course of study designated by the board and/or the board's
receipt, review and approval of other information requested during the
interview.
(vii) If an
applicant does not have a licensure interview, a full unrestricted license may
be issued to the applicant only upon a majority vote of the board. The board
may conduct this vote by voice vote, and may do so using a consent list showing
applicants for approval.
(viii)
Failure to appear for a licensure interview, regardless of whether a temporary
license was issued to the applicant, may result in denial by the board of the
application for licensure pursuant to W.S. 33-26-202(b)(i). If an applicant
fails to appear for a licensure interview, the Board shall refer the
application to the application review committee to bring proceedings to deny
the application upon stated reasons following the procedure set forth in
Chapter 7 of these Rules.
Notes
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