21-2-801.

21-2-801.

(b) 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.

(c) 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.

(d) Whether or not the licensee gives his written consent, the content of the record may be disclosed as follows:

(i) To medical personnel to the extent necessary to meet a bona fide medical emergency;  (ii) For the purpose of conducting research or program evaluations, provided that the record may not identify any individual in the program;

(iii) As required to report under state law incidents of suspected child abuse or neglect to the appropriate authorities;

(iv) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore;

(v) 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

(vi) 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.

(e) 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:

(i) The disclosure is necessary to protect against an existing threat to life or of serious bodily injury;

(ii) 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

(iii) 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.

(f) 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.

(g) 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.

33-1-116. Repealed by Laws 2025, ch. 81, § 2.

33-1-117. Expedited licenses and temporary permits for military service members and military spouses.

(a) As used in this section:

(i) "Active" means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;

(ii) "Applicant" means a military service member or military spouse seeking licensure from a professional or occupational licensing board of this state;

(iii) "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;

(iv) "License" means any license, certificate or registration required to practice an occupation or profession;

(v) "Military service member" means an active member of the uniformed services as defined in W.S. 8-1-102(a)(xxii) 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;

(vi) "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;

(vii) "Military service" means service in the uniformed services as defined in W.S. 8-1-102(a)(xxii).  (b) A professional or occupational licensing board shall issue an expedited license to a military service member or military spouse within thirty (30) days of receiving a completed application or within thirty (30) days after an applicant's request, without filing a completed application, if the applicant holds a relevant, active occupational or professional license in good standing from another jurisdiction for not less than five (5) consecutive years. An expedited license issued under this subsection would allow the military service member or military spouse to lawfully practice a profession or occupation requiring licensure in this state if the military service member or military spouse:

(i) Holds a relevant, active occupational or professional license in good standing from another state and provides a military identification card, their spouse's military identification card or a marriage license as proof of being a military service member or military spouse;

(ii) Repealed by Laws 2025, ch. 81, § 2.

(iii) 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

(iv) Completes all required application procedures and pays any required fee;

(v) Provides a copy of military orders for military service in this state, or evidence of an honorable service characterization upon release from military service, and submits to the authority of the licensing authority in this state for purposes of standards of practice, discipline and fulfillment of any continuing education requirements.

(c) 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.

(d) 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.  (e) Pursuant to rules which shall be adopted for this purpose, a professional or occupational licensing board may issue a temporary practice permit to a military service member or 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 service member or military spouse applicant may practice under the temporary permit for a period not to exceed three (3) years provided the military service member or 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 service member or military spouse any fees for a temporary permit under this subsection.

(f) Professional or occupational licensing boards shall adopt rules necessary to implement this section, including the implementation of online applications for licensure and professional or occupational licensing by reciprocity for military service members or military spouses.

(g) 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 is a military spouse. If an applicant self- identifies as and provides the board with satisfactory proof that the applicant is a military service member or military spouse, the board shall immediately commence the process of issuing a license or temporary permit and shall issue the license or temporary permit within thirty (30) days of receiving an application.

(h) 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.

(j) Any emergency medical service license sought under W.S. 33-36-110 through 33-36-113 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.

(k) Except as otherwise provided in this section, military service member and military spouse 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.

(m) A professional or occupational licensing board shall issue a temporary license to a military service member or military spouse after receiving a completed application under this section, but while the application is pending review by the board, if the applicant holds a relevant, active occupational or professional license in good standing from another jurisdiction for not less than three (3) consecutive years. The military service member or military spouse applicant may practice under the temporary license for a period not to exceed ninety (90) days. A board shall not charge a military service member or military spouse any fees for a temporary license under this subsection.

33-1-118. Health care licensing boards; authority to

discipline licensees for sexual misconduct.

(a) 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.

(b) As used in this section:

(i) "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;

(ii) "Sexual misconduct" means:

(A) Any behavior by a licensee that involves offers of exchange of medical services for some form of sexual gratification; or  (B) 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.

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).

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

(a) As used in this section:

(i) "Active" means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;

(ii) "Applicant" means a natural person seeking licensure from a professional or occupational licensing board of this state;

(iii) "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;

(iv) "License" means any license, certificate or registration required to practice an occupation or profession.

(b) 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:

(i) 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:  (A) 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;

(B) 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;

(C) In evaluating any work experience requirements the provisions of subsection (c) of this section shall apply;

(D) 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.

(ii) 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;

(iii) 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

(iv) Has completed all required application procedures and paid any required fee.

(c) 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.

(d) 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:  (i) An application to be an attorney at law under chapter 5 of title 33;

(ii) 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.

(e) Nothing in this section shall be held to limit the rights or privileges of a military service member under W.S. 33- 1-116.

ARTICLE 2 - FEES

33-1-201. Fees generally.

(a) 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:

(i) Fees shall be established by rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;

(ii) 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;

(iii) The board or commission shall maintain records sufficient to support the fees charged.

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

(a) Except as otherwise specifically provided by statute:

(i) 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;

(ii) 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:

(A) 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

(B) The remainder of the interest shall be deposited in each board’s or commission’s respective account as created by statute.

ARTICLE 3 - GENERAL PROCEDURES FOR LICENSURE BOARDS

33-1-301. Purpose and scope.

(a) 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,