Wyoming Administrative Code Agency 036 - Midwifery, Board of
Wyoming Administrative Code Agency 036 - Midwifery, Board of
Overview
The Wyoming Board of Midwifery (Agency 036) is the regulatory body responsible for overseeing the practice of midwifery in Wyoming. This includes licensing, setting professional standards, enforcing rules, and disciplining practitioners when necessary. The goal is to ensure the safety, competence, and professionalism of midwives in the state.
Purpose and Authority
The Board derives its authority from Wyoming state statutes that govern health professions. The Board’s responsibilities typically include:
Licensing qualified midwives
Establishing education and training requirements
Setting standards of practice
Investigating complaints against midwives
Conducting hearings and imposing disciplinary actions if warranted
The Board's administrative rules are codified in the Wyoming Administrative Code (WAC), which outlines detailed requirements for licensure, scope of practice, record-keeping, and continuing education.
Key Provisions in Agency 036 (Hypothetical but representative):
Licensing Requirements: Applicants must complete an accredited midwifery education program and pass a national certification exam. Background checks and proof of good moral character are required.
Scope of Practice: Defines what midwives may and may not do, such as prenatal care, labor and delivery assistance, and postpartum care but excludes certain high-risk medical procedures.
Continuing Education: Licensed midwives must complete a set number of continuing education hours to maintain licensure.
Complaint and Discipline Process: The Board investigates complaints, holds hearings, and can impose sanctions such as reprimands, license suspension, or revocation.
Record-Keeping and Reporting: Midwives must maintain accurate patient records and report certain outcomes or complications to the Board.
Administrative Law Principles Relevant to the Board
1. Delegation of Authority
The Wyoming legislature delegates regulatory authority to the Board, which is an administrative agency. The Board must act within the scope of its delegated powers.
2. Rulemaking and Notice
The Board issues rules under the Wyoming Administrative Procedure Act (WAPA). It must follow proper procedures, including public notice and comment periods, before rules become effective.
3. Adjudication and Due Process
When disciplining a licensee, the Board must provide due process rights — notice of charges, the opportunity to be heard, and a fair hearing. Decisions must be supported by substantial evidence.
Relevant Case Law Illustrating These Principles
Case 1: Due Process in Administrative Discipline
Hypothetical Example (based on common law principles):
Smith v. Wyoming Board of Midwifery
Facts: Midwife Smith was accused of unprofessional conduct. The Board held a hearing without giving Smith adequate notice of the charges.
Holding: The court ruled in favor of Smith, stating the Board violated due process rights because Smith was not provided proper notice and an opportunity to prepare a defense.
Principle: Administrative agencies must follow fair procedures when disciplining licensees, consistent with constitutional due process.
Case 2: Scope of Practice and Board Authority
Hypothetical Example:
Doe v. Wyoming Board of Midwifery
Facts: Midwife Doe was disciplined for performing procedures outside the defined scope of practice.
Holding: The court upheld the Board’s decision, emphasizing that the Board has authority to set and enforce practice boundaries to protect public health.
Principle: Boards may limit professional scope of practice and discipline violations to ensure safety.
Case 3: Rulemaking Challenges
Hypothetical Example:
Midwives Association v. Wyoming Board of Midwifery
Facts: The Board adopted a new rule requiring excessive continuing education hours without public input.
Holding: The court invalidated the rule for failing to comply with statutory rulemaking procedures.
Principle: Agencies must follow proper notice-and-comment rulemaking procedures under WAPA to enact valid regulations.
Summary
The Wyoming Board of Midwifery (Agency 036) regulates midwives through licensing, setting standards, and discipline.
It operates under the authority of state statutes and the Wyoming Administrative Procedure Act.
Key administrative law principles include delegation of authority, procedural due process in discipline, and rulemaking procedures.
Case law, while not specific to Wyoming in this explanation, typically supports the need for fair hearings, proper rulemaking, and clear scope-of-practice limits to protect the public and ensure competent midwifery care.
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