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For What May A Physician Or PA Be Disciplined?
Wyoming law currently lists 31 grounds upon which a physician or PA may be disciplined. Causes of action include obtaining a license under false pretenses, conviction of a felony, disciplinary action in another jurisdiction, utilizing services that are inappropriate or unneccessary, unsupervised or inappropriate delegation of duties to a non-physician and/or any practice that is unethical, unprofessional or which may constitute a substantial risk to a patient or the public.
Though the Board may also take action against a licensee for negligence or malpractice, Board action is not a substitute for civil litigation. The Board does not have authority to levy judgements against a physician or adjudicate damage awards for the benefit of a complaining party.
Most disciplinary proceedings against physicians fall into one or more of three catagories: misuse of prescriptive authority including prescribing addicting substances to oneself or family members; failure to disclose information to the Board and violation of appropriate boundries between physician and patient including, but not limited to, sexual or inappropriate comments and behavior.
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Grounds for Denial; Refusal; Suspension; Revocations; Restrictions; Refusal to Renew; Other Disciplinary Action
(a) The board may refuse to grant or renew, and may revoke, suspend or restrict a license or take other disciplinary action on the following grounds:
- (i) Renewing, obtaining or attempting to obtain or renew a license by bribery, fraud or misrepresentation;
- (ii) Impersonating another licensee or practicing medicine under a false or assumed name;
- (iii) Making false or misleading statements regarding the licensee's skill or the efficacy or value of his treatment or remedy for a human disease, injury, deformity, ailment, pregnancy or delivery of infants;
- (iv) Permitting or allowing any person to use his diploma, license or certificate of registration;
- (v) Advertising the practice of medicine in a misleading, false or deceptive manner;
- (vi) Obtaining any fee or claim by fraud or misrepresentation;
- (vii) Sexual exploitation of a patient;
- (viii) Conviction of a felony including pleas of nolo contendere. A copy of the conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction;
- (ix) Aiding or abetting the practice of medicine by a person not licensed by the board;
- (x) Violating or attempting to violate or assist in the violation of any provision of this chapter or any other applicable provision of law;
- (xi) Except as permitted by law, repeatedly prescribing or administering, selling or supplying any drug legally classified as a narcotic, addicting or scheduled drug to an addict or drug abuser;
- (xii) Repeatedly prescribing, selling, supplying or administering any drug legally classified as a narcotic, addicting or scheduled drug to a parent, spouse or child of the applicant or licensee, or to himself;
- (xiii) Presigning blank prescription forms;
- (xiv) Failing or refusing to properly guard against the spread of contagious, infectious or communicable diseases;
- (xv) Failure to appropriately supervise or collaborate with nonphysicians to whom the licensee has delegated medical responsibilities;
- (xvi) Delegating responsibilities to a person who is not qualified by training, experience or licensure;
- (xvii) Delegating medical responsibilities to a person who is unable to safely, skillfully and competently provide medical care to patients or that are beyond the scope of the specialty areas in which the licensee and the person are trained and experienced;
- (xviii) Willful and consistent utilization of medical service or treatment which is inappropriate or unnecessary;
- (xix) The manifest incapacity or incompetence to practice medicine;
- (xx) Possession of any physical or mental disability including deterioration due to aging which renders the practice of medicine unsafe;
- (xxi) Repeated use of a drug or intoxicant to such a degree as to render the licensee unable to practice medicine or surgery with reasonable skill and safety to patients;
- (xxii) Negligence or malpractice;
- (xxiii) Failure to submit to an informal interview or a mental, physical or medical competency examination following a proper request by the board;
- (xxiv) Failure to report a personal injury claim as required by W.S. 33-26-409;
- (xxv) Suspension, restriction or revocation of a license to practice medicine in another state;
- (xxvi) Any action by a health care entity that adversely affects clinical privileges for a period exceeding thirty (30) days or the surrender of clinical privileges to the health care entity while the licensee is under investigation by the health care entity for possible professional incompetence or improper professional conduct or in return for the health care entity not conducting an investigation for possible professional incompetence or improper professional conduct;
- (xxvii) Unprofessional or dishonorable conduct not otherwise specified in this subsection, including but not limited to:
- (A) Any conduct or practice:
- (I) Contrary to recognized standards of ethics of the medical profession;
- (II) Which does or may constitute a substantial risk of:
- (1) Danger to the health or safety of a patient or the public;
- or (2) Impairing a physician's ability to safely and skillfully practice medicine.
- (xxviii) Upon proper request by the board, failure or refusal to produce documents or other information relevant to any investigation conducted by the board, whether the complaint is filed against the licensee or any other licensee;
- (xxix) Failing or refusing to appear at any contested case hearing conducted by the board;
- (xxx) Violation of any board imposed condition or limitation upon his license;
- (xxxi) Violation of any board rule or regulation.
(b) Upon refusal to grant a license under subsection (a) of this section, the board shall file its written order and findings
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