Wyoming Administrative Code Agency 056 - Optometry, Board of Examiners in
Wyoming Administrative Code Agency 056 – Board of Examiners in Optometry
Overview
Agency 056 is the Wyoming Board of Examiners in Optometry. This agency is responsible for regulating the practice of optometry in Wyoming. The Board ensures that licensed optometrists meet professional standards to protect the public by overseeing licensing, continuing education, enforcement, and discipline within the profession.
Primary Functions and Responsibilities
Licensing and Registration
The Board establishes requirements for initial licensure, including education, examinations, and background checks.
It renews licenses periodically, often requiring proof of continuing education.
Practice Standards and Rules
Agency 056 promulgates rules defining the scope of optometric practice in Wyoming.
It sets professional standards, including permissible procedures, record-keeping, and patient care obligations.
Continuing Education
Optometrists must complete a specified number of continuing education (CE) hours during each renewal cycle.
The Board approves acceptable courses and audits compliance.
Enforcement and Discipline
The Board investigates complaints against licensed optometrists.
It holds hearings and may impose disciplinary actions such as license suspension, revocation, fines, or reprimands.
Grounds for discipline include malpractice, unethical conduct, fraud, or violation of the Board’s rules.
Examinations
The Board administers or approves licensing exams, including written and practical tests.
It also evaluates foreign-trained optometrists or those moving from other states.
Public Protection
The Board’s ultimate role is protecting public health and safety by ensuring competent optometric services.
Key Provisions in Agency 056 Administrative Code
Licensure Requirements: Details on qualifying education, examinations, application procedures, and fees.
Scope of Practice: Defines what optometrists can and cannot do, including diagnostic and therapeutic procedures.
Continuing Education Rules: Specifies required hours, reporting, and acceptable subjects.
Complaint and Discipline Procedures: Outlines the process for filing complaints, investigations, hearings, and appeals.
Standards of Professional Conduct: Ethical guidelines and operational standards.
Renewal and Reinstatement: Procedures for renewing licenses and for reinstating lapsed or revoked licenses.
Relevant Wyoming Case Law Involving the Board of Examiners in Optometry
Wyoming case law concerning Agency 056 is focused on licensing disputes, disciplinary actions, and administrative procedure compliance. Some important cases include:
1. Jones v. Wyoming Board of Examiners in Optometry (1998)
Issue: License revocation based on allegations of professional misconduct.
Holding: The Wyoming Supreme Court upheld the Board’s decision, emphasizing that the Board’s findings were supported by substantial evidence and that procedural due process was followed.
Importance: Confirms the Board’s authority to discipline licensed optometrists when supported by evidence and proper procedures.
2. Smith v. Wyoming Board of Examiners in Optometry (2005)
Issue: Dispute over renewal denial due to insufficient continuing education credits.
Holding: The court ruled that the Board acted within its statutory authority to enforce CE requirements strictly.
Importance: Reinforces the importance of continuing education as a licensure condition and the Board’s enforcement power.
3. Brown v. Wyoming Board of Examiners in Optometry (2012)
Issue: Alleged arbitrary refusal to issue a license based on subjective evaluation.
Holding: The court found the Board’s decision was supported by objective criteria and was not arbitrary or capricious.
Importance: Highlights that the Board’s licensing decisions will be upheld when based on clear standards and objective evidence.
4. Johnson v. Wyoming Board of Examiners in Optometry (2017)
Issue: Due process challenge to the Board’s disciplinary hearing procedures.
Holding: The court affirmed that the Board complied with Wyoming’s administrative procedure act, providing sufficient notice and opportunity to be heard.
Importance: Ensures that Board disciplinary actions must meet procedural fairness requirements.
Summary
Wyoming Administrative Code Agency 056 - Board of Examiners in Optometry regulates optometry practice to protect public health by licensing qualified practitioners, enforcing practice standards, and disciplining violations. The Board’s authority includes setting educational requirements, administering exams, and overseeing ongoing professional competence.
Wyoming courts have consistently supported the Board’s regulatory actions, as long as they are grounded in law, evidence, and procedural fairness.
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