Wyoming Administrative Code
Agency 022 - Respiratory Care, State Board for
Sub-Agency 0001 - Respiratory Care, State Board for
Chapter 7 - DISCIPLINARY ACTION
Section 7-2 - Grounds

(a) Violation of any provision of the Act;

(b) Violation of any provision of these Rules;

(c) Violation of any provision of the adopted Ethical Standards as set forth in Chapter 6 of these Rules.

(d) Performing any act specifically authorized for a respiratory care practitioner or functioning as a respiratory care practitioner in Wyoming without a current license issued by the Board.

(e) Representation of oneself as licensed to engage in the practice of respiratory care without a license or permit;

(f) Aiding, abetting or assisting any other person to violate or circumvent any law or rule or regulation intended to guide the conduct of a respiratory care practitioner.

(g) Renting or lending the license issued pursuant to this act to any person planning to use that license;

(h) Obtaining or attempting to obtain a license or documents of any form as a respiratory care practitioner by fraud or deception.

(i) Knowingly employing, directing, or supervising an individual in the performance of respiratory care who is not authorized to practice respiratory care;

(j) Failing to make timely application for license renewal.

(k) Supplying misleading, incomplete or false information relative to continuing education taken by the licensee.

(l) Practicing the profession under a false name or name other than the name under which the license is held.

(m) Failure to cooperate in any material respect with a lawful investigation conducted by the Board.

(n) Violation of any provision(s) of an action, stipulation, agreement or order of the Board.

(o) Failure to report through proper channels the unsafe or illegal practice of any person who is providing patient care.

(p) Filing a complaint with, or providing information to the board which the licensee knows or ought to know is false or misleading. This provision does not apply to any filing of complaint or providing information to the board when done in good faith.

(q) Suspension, revocation, or other disciplinary action imposed against a license held in another jurisdiction. A certified copy of the disciplinary order shall be conclusive evidence.

(r) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea of no contest shall create a presumption of guilt to the underlying criminal charges. The record of conviction certified by the clerk or judge of the court in which the conviction is held shall be conclusive evidence.

(s) Conviction of a drug related offense. A plea of no contest shall create a presumption of guilt to the underlying criminal charges. The record of conviction certified by the clerk or judge of the court in which the conviction is held shall be conclusive evidence.

(t) Gross incompetence or malpractice.

(u) Negligence while in practice as a respiratory care practitioner.

(v) Being adjudged mentally incompetent by a court of competent jurisdiction.

(w) Habitually intemperate or addicted to the use of any drug, chemical or substance which could result in behavior that interferes with the practice of respiratory care and the responsibilities of the licensee.

(x) Unauthorized possession and use of illegal or controlled substances or pharmacologic agents without lawful authority or prescription by an authorized and licensed independent practitioner of the state of Wyoming.

(y) Falsely manipulating drug supplies, narcotics or patient records, or forging a prescription for medication/drugs, or presenting a forged prescription.

(z) Violation and conviction of a charge under the Wyoming Controlled Substance Act.

(aa) Verbally, physically or mentally abusing patients.

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

(cc) While engaged in the care of a patient, engaging in conduct with a patient family member or significant other which is seductive or sexually demeaning/exploitive in nature.

(dd) Maintaining an unsanitary or unsafe office or practicing under unsanitary or unsafe conditions.

(ee) Leaving a patient care assignment or patient without properly advising appropriate personnel.

(ff) Guaranteeing that a cure will result from the performance of medical services.

(gg) Failing to obtain an appropriate consultation or make an appropriate referral when the problem of the patient is beyond the licensee's training, experience or competence.

(hh) Delegating a professional responsibility to a person when the licensee knows, or has reason to know, that the person is not qualified by training, experience, license or certification to perform the delegated task. A professional responsibility that may not be delegated, includes, but is not limited to, pulse oximetry;

(ii) Failing to render adequate supervision, management, training or control of auxiliary staff or other persons according to generally-accepted standards of practice.

(jj) Maintaining a relationship with a patient that is likely to impair the licensee's professional judgment or increase the risk of patient exploitation including providing services to employees, supervisees, close colleagues or relatives.

(kk) Promoting any drug, device, treatment, procedure, product or service which is unnecessary, ineffective or unsafe.

(ll) Any conduct which potentially or actually jeopardizes a patient's life, health or safety.

(mm) Failing to provide to a patient, patient's representative or an authorized health care practitioner, upon a written request, the medical record or a copy of the medical record relating to the patient which is in the possession or under the control of the professional. Prior payment for professional services to which the records relate, other than photocopy charges, may not be required as a condition of making the records available.

(nn) Inaccurate recording, falsifying or altering of patient records.

(oo) Charging a patient or a third-party payer for a service not performed.

(pp) Submitting an account or charge for services that are false or misleading. This does not apply to charging for an unkept appointment.

(qq) Failing to account for funds received in connection with any services rendered or to be rendered.

(rr) Engaging in fraudulent billing practices and/or violation of federal Medicare and Medicaid laws or state medical assistance laws.