Title 33 · WY

33-49-110, the board may approve, deny, suspend, revoke or

Citation: Wyo. Stat. § 33-49-110

Section: 33-49-110

33-49-110, the board may approve, deny, suspend, revoke or refuse to renew a license or impose probationary conditions on the license if the licensee or applicant has engaged in unprofessional conduct. For purposes of this section, unprofessional conduct includes any of the following:

(i) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

(ii) Violating the ethical standards of practice or rules of professional conduct as adopted and published by the board;

(iii) Being convicted of a felony that relates to the practice of acupuncture or to the ability to practice acupuncture;

(iv) Being convicted of an offense involving a controlled substance;

(v) Being negligent in the practice of acupuncture;

(vi) Violating any lawful order, rule or regulation rendered or adopted by the board;

(vii) Violating any provision of this chapter.

(b) An application for reinstatement may be made to the board not earlier than one (1) year after the date of the revocation of the license. The board may accept or reject an application for reinstatement and may hold a hearing to consider reinstatement. An applicant for reinstatement aggrieved by any final action of the board may appeal to the district court pursuant to the Wyoming Administrative Procedure Act.

(c) 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.

33-49-112. Violations; penalties; proceedings.

(a) Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction shall be subject to the fines and penalties prescribed in W.S. 6-10-103. If the board has reason to believe that any individual is liable under this section, it may certify the facts to the prosecuting attorney of the jurisdiction in which the offense was committed.

(b) The attorney general, the board, any county or district attorney or any citizen may obtain an injunction in the name of the state of Wyoming upon the relation of a complainant enjoining any person from engaging in the practice of acupuncture without a license. The district court of the district in which the offending person resides or the district court of Laramie county has original jurisdiction of any such injunction proceedings. An injunction may be issued without proof of actual damage sustained and upon proof of one (1) or more acts constituting the practice of acupuncture without a license. The standard of proof of any violation of this subsection shall be by a preponderance of the evidence.

(c) Nothing in this section shall limit any additional civil or criminal liability under the laws of this state.

(d) Notwithstanding any other provision of this chapter, the Wyoming Acupuncture Practice Act shall not apply to persons licensed under title 33, chapter 25 or chapter 26 of the Wyoming statutes.