33-48-109, a commission member or commission representative

33-48-109, a commission member or commission representative shall be present at all matches conducted for pecuniary profit and see that the rules and regulations of the commission are strictly observed. A commission representative may also be present at the counting of the gross receipts and, if present, shall without undue delay provide to the commission the written report received by the commission representative from the individual promoter or officer of the club, organization or corporation showing the number of tickets sold, the gross amount of proceeds and other matters as the commission may prescribe. The commission may establish compensation for, and pay, any commission representatives appointed under this section from fees deposited in the Wyoming combat sports commission account in accordance with W.S. 33-1-202 and this chapter.

33-48-111. Rules for conduct of matches.

(a) The commission shall promulgate rules and regulations regarding the conduct of matches not inconsistent with this chapter or the unified rules of mixed martial arts and the unified rules of boxing adopted by the association of boxing commissions.

(b) No betting or wagering at any mixed martial arts or boxing match shall be permitted by any person directly associated with the mixed martial arts or boxing match, including the contestants, spectators and members of the club or organization, before, after or during any match, in or around the premises where the match is held. Nothing in this subsection shall be construed to prohibit betting or wagering as may be allowed by law away from the premises where the match is held, or to authorize betting or wagering otherwise prohibited by law.

33-48-112. Examination by physician.

Each contestant shall be examined not more than twelve (12) hours prior to a mixed martial arts or boxing match by a physician who has been licensed to practice in Wyoming and who has been designated by the commission. The physician shall certify in writing, over his signature, as to the contestant's physical condition to engage in the match. The physician's compensation shall be provided by the individual promoter or entity unless otherwise agreed.

33-48-113. Referees.

No person shall act as a referee to a mixed martial arts or boxing match without a certificate granted by the commission. The commission is authorized to grant certificates to competent referees upon the application and the payment of an annual fee as established by the commission in accordance with W.S. 33-1- 201 and the commission may revoke any certificate granted to any referee for cause as the commission may deem sufficient.  33-48-114. Penalty for contestants violating rules of commission.

(a) In addition to any penalty imposed under W.S. 33-48- 117, any contestant who shall be found to be in violation of any rule or regulation of the commission shall be penalized as follows:

(i) For the first offense he shall be restrained by order of the commission from participating in any mixed martial arts or boxing match to be held or given by any person, club, organization or corporation licensed to give or hold any mixed martial arts or boxing match for a period of not less than three (3) months nor more than one (1) year at the discretion of the commission;

(ii) For a second offense he shall be disqualified from further admission or participation in any mixed martial arts or boxing match, held or given by any person, club, organization or corporation licensed under this chapter.

33-48-115. Failure to make reports; unsatisfactory reports; examination of records, officers.

Whenever any person, club, organization or corporation fails to make a report of any match at the time prescribed by this chapter, or whenever the report is unsatisfactory to the commission, the commission may examine or cause to be examined, the books and records of the person, club, organization or corporation, and examine under oath its officers and other persons as witnesses for the purpose of determining the total amount of its gross receipts for any match and the amount of monies due pursuant to the provisions of this chapter. The commission shall determine the amount due based upon the results of the examination. Should the person, club, organization or corporation fail to pay any monies determined to be due, together with the expenses incurred in making the examination, for a period of twenty (20) days after notice of the amount due by the commission, the person, club, organization or corporation shall forfeit its license and shall be disqualified from receiving any new license or any renewal of its license. In addition, the person, club, organization or corporation shall forfeit to the state of Wyoming the bond required to be filed by W.S. 33-48-106, which may be recovered by the attorney general in the name of the state of Wyoming. Appeals of a disqualification under this section may be made as provided in the Wyoming Administrative Procedure Act.  33-48-116. Weights and classes.

The weights and classes of mixed martial arts and boxing participants and the rules and regulations of mixed martial arts and boxing shall be the same as the weights and classes and rules and regulations adopted by the association of boxing commissions in the unified rules of mixed martial arts and the unified rules of boxing, except as otherwise provided in this chapter.

33-48-117. Penalty.

Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

CHAPTER 49 - ACUPUNCTURE PRACTICE ACT

33-49-101. Short title.

This chapter shall be known and may be cited as the "Wyoming Acupuncture Practice Act".

33-49-102. Definitions.

(a) As used in this chapter:

(i) "ACAOM" means the accreditation commission for acupuncture and oriental medicine educational institutions, or its equivalent as determined by the board;

(ii) "Acupuncture" means the insertion of acupuncture needles into the body, with or without the application of electric current or heat to the needles, for the therapeutic purpose of promoting, maintaining and restoring health, including the treatment of dysfunctions of the body involving pain;

(iii) "Acupuncturist" means any person to whom a license to practice acupuncture in this state has been issued under this chapter;

(iv) "Auricular acupuncture" means a practice trained by a nationally recognized auricular acupuncture program for the purpose of treating mental and emotional health, post and acute trauma, substance abuse and chemical dependency;

(v) "Board" means the Wyoming board of acupuncture created under this chapter;

(vi) "License" means a license to practice acupuncture in this state issued by the board pursuant to this chapter and consistent with the scope of practice a person is qualified to perform as a result of their NCCAOM diplomate status, post graduate training, NADA certificate of training completion or as otherwise authorized by the board;

(vii) "Licensee" means a person licensed by the board under this chapter;

(viii) "NADA" means the national acupuncture detoxification association, or its equivalent as determined by the board;

(ix) "NCCAOM" means the national certification commission for acupuncture and oriental medicine, or its equivalent as determined by the board.

33-49-103. Board created; members; appointment; terms; qualification; removal; vacancies.

(a) The Wyoming board of acupuncture is created to implement and administer the provisions of this chapter. The board shall consist of five (5) members who are legal residents of Wyoming. The board shall consist of one (1) member of the public, one (1) member who is NCCAOM certified, two (2) members who have been engaged in the practice of acupuncture for a period of not less than five (5) years immediately preceding appointment to the initial board and one (1) member who is a health care professional licensed pursuant to this title other than this chapter.

(b) The governor shall appoint the members of the board. Of the initial members appointed to the board, two (2) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of four (4) years. Thereafter, the terms of office shall be four (4) years. Each member shall serve until the member's successor is appointed and qualified. No member shall serve more than two (2) consecutive full terms.  (c) Any vacancy on the board shall be filled by the governor for the balance of the unexpired term.

(d) The governor may remove any member from the board pursuant to W.S. 9-1-202.

33-49-104. Board meetings; elections; quorum.

The board shall meet at least once each year and elect a chairman at the first meeting each year. The board may convene at the request of the chairman or as determined by the board for any other meeting as may be deemed necessary to transact its business. Meetings may be carried out via telecommunications. Three (3) board members shall constitute a quorum.

33-49-105. Reimbursement of expenses and immunity.

(a) Members of the board shall not receive compensation for their services but shall receive mileage and per diem as provided in W.S. 33-1-302(a)(vii) while engaged in the discharge of official duties.

(b) Members of the board shall have the same immunities from personal liability as state employees for actions taken in the performance of their duties under this chapter, as provided in W.S. 1-39-104.

33-49-106. Board responsibilities and duties.

(a) The board shall:

(i) Administer this chapter;

(ii) Determine the following standards for licensees:

(A) Continuing education requirements;

(B) Professional conduct standards;

(C) Ethical standards of practice.

(iii) Approve or disapprove applications for licensure and issue licenses, renewals and reinstatements;

(iv) Establish tiered licensing as necessary for the purpose of differentiating auricular acupuncture;  (v) Censure, suspend or revoke licenses as provided in this chapter and the Wyoming Administrative Procedure Act;

(vi) Initiate and conduct investigations, hearings and proceedings concerning alleged violations of this chapter and board rules;

(vii) Keep a record of all proceedings and make available to licensees and other concerned parties an annual report of all board action;

(viii) Establish application and licensure fee requirements for licensees regulated under this chapter;

(ix) Prescribe fees in accordance with W.S. 33-1-201 for implementing this chapter;

(x) Promulgate rules and regulations as necessary to carry out this chapter.

(b) The board may employ or contract with individuals it determines necessary to administer its affairs and provide support services.

(c) All fees collected by the board shall be deposited by the state treasurer to the credit of the Wyoming board of acupuncture account. Disbursements from the account shall not exceed the monies credited to it. The account shall be used by the board to defray costs incurred in the administration of this chapter.

33-49-107. Licensure required; components; exemptions; other licensed health care professionals.

(a) Beginning January 1, 2018, unless the person is licensed to practice acupuncture in compliance with this chapter and the rules and regulations adopted pursuant thereto, no person shall:

(i) Practice acupuncture or hold himself out as an acupuncturist or as being able to practice acupuncture in Wyoming;

(ii) Use the title of acupuncturist or any variant thereof; or  (iii) Use any configuration of letters, including L. Ac., after his name indicating a degree in acupuncture.

(b) Any license issued under this chapter shall:

(i) Be issued in the name of the licensed acupuncturist;

(ii) State the licensing and expiration dates; and

(iii) Be displayed at all times in a conspicuous manner in the place of business or employment of the licensee.

(c) The following persons are exempt from this chapter's licensure requirements:

(i) An acupuncturist licensed to practice acupuncture in another jurisdiction while teaching or demonstrating or providing acupuncture in connection with teaching or participating in an educational seminar in Wyoming. Any exemption under this paragraph shall not exceed sixty (60) days cumulatively in a calendar year;

(ii) An acupuncturist licensed in another jurisdiction who enters this state to provide acupuncture during a natural disaster or a public health emergency, as declared by the governor pursuant to W.S. 35-4-115(a)(i);

(iii) With board approval, a person in training may practice acupuncture provided all services are performed under the direct supervision of an acupuncturist licensed in this state.

(e) Nothing in this chapter shall be construed to prohibit or restrict any other licensed health care provider in this state from practicing acupuncture within their statutory scope of practice. However, no person may represent themselves as an acupuncturist in any manner unless licensed in accordance with this chapter.

33-49-108. Application for license; renewal and reinstatement; qualifications; fees; reporting.

(a) An applicant for licensure to practice acupuncture under this chapter shall:  (i) Apply for licensure with the board by providing an application in the form and manner prescribed by the board;

(ii) Pay the required fees established by the board; and

(iii) Furnish to the board evidence that the applicant has:

(A) Graduated from an accredited ACAOM program and passed NCCAOM examination;

(B) Graduated from an accredited ACAOM program and continuously practiced acupuncture in this state for at least ten (10) years before January 1, 2018;

(C) Completed other examination, education or apprenticeship processes the board considers substantively qualifying; or

(D) NADA certificate of training completion, if applying for an auricular acupuncturist license.

(b) Licenses shall be renewed or reinstated according to a schedule established by the board pursuant to this chapter. If a licensee fails to renew a license pursuant to the schedule established by the board, the license shall expire and the licensee shall not practice acupuncture in this state.

(c) An applicant for licensure or licensee shall report any pending or final administrative or disciplinary actions, or other judgments, as well as the terms of any settlement or other disposition of an action or judgment, against the applicant or licensee involving malpractice or improper practice of acupuncture, whether occurring in Wyoming or in any other jurisdiction upon application for licensure, renewal or reinstatement, or not later than thirty (30) days after the licensee becomes aware of such actions or judgments.

33-49-109. Licensure by endorsement.

(a) The board may issue a license by endorsement to practice acupuncture in Wyoming to an applicant who is licensed to practice acupuncture in another state subject to the following:  (i) The other state shall have substantially equivalent acupuncture licensure requirements as Wyoming, including similar licensure by endorsement provisions for licensees of this state;

(ii) The applicant shall not have any disciplinary actions pending at the time of application;

(iii) The applicant shall not have had a license to practice acupuncture suspended or revoked in this state or any other; and

(iv) The person shall adhere to all requirements of continuing education and ethical standards established by the board.

33-49-110. Hearings and investigations.

(a) Upon receiving a complaint charging a licensee or applicant with any act prohibited by this chapter, the board may conduct an investigation. If the board finds reasonable grounds to substantiate the allegations of the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee or applicant at least fifteen (15) calendar days prior to the hearing. The notice shall be by personal service or by certified or registered mail sent to the last known address of the licensee or applicant.

(b) The board may issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or his counsel, the board shall issue subpoenas on behalf of the respondent.

(c) Hearings under this section shall be held in accordance with, and a person aggrieved by a decision of the board may take an appeal pursuant to, the Wyoming Administrative Procedure Act.

33-49-111. Disciplinary action; suspension and revocation of license; application for reinstatement.

(a) After any hearing conducted pursuant to W.S.