Wyoming Administrative Code Agency 054 - Nursing, Board of
Wyoming Administrative Code (WAC) Agency 054 - Board of Nursing
Overview
The Wyoming Board of Nursing is the regulatory authority responsible for licensing and regulating nurses within the state of Wyoming. Its rules and regulations are codified under Agency 054 of the Wyoming Administrative Code.
The Board’s primary functions include:
Licensing registered nurses (RNs), licensed practical nurses (LPNs), and advanced practice registered nurses (APRNs).
Establishing standards of nursing education and practice.
Investigating complaints and disciplining licensees who violate statutes or rules.
Ensuring public safety by regulating nursing practice according to established standards.
Key Provisions
Licensure Requirements
The Board sets forth criteria for obtaining initial licensure, including education, examination (NCLEX), and background checks.
For example:
Completion of an approved nursing program.
Passing the NCLEX-RN or NCLEX-PN exam.
Meeting character and fitness standards.
Renewal and Continuing Education
Nurses must renew their licenses periodically and meet continuing education requirements to maintain competency.
Standards of Practice and Professional Conduct
The rules define professional conduct, patient care standards, and ethical obligations. Violations can lead to disciplinary actions.
Disciplinary Actions
The Board has authority to impose sanctions for misconduct, including suspension, revocation, probation, or fines. Grounds for discipline include negligence, fraud, substance abuse, criminal convictions, or violating practice standards.
Complaint and Hearing Procedures
The Board investigates complaints, holds hearings, and allows licensees due process rights.
Important Case Law Related to Wyoming Board of Nursing
Although Wyoming case law specifically referencing Agency 054 may be limited, several cases illustrate general principles relevant to nursing boards and administrative agencies regulating professional licensure.
1. Due Process in Administrative Proceedings
Case Example:
Wyoming State Board of Nursing v. Smith (Hypothetical scenario based on common principles)
In administrative disciplinary actions, licensees are entitled to due process protections under the Wyoming Administrative Procedures Act and the U.S. Constitution. This includes notice of charges, opportunity to be heard, and impartial hearings.
The Wyoming Supreme Court has emphasized the necessity of fairness and proper procedure in professional licensing actions.
Boards must provide clear evidence for discipline, and decisions must not be arbitrary or capricious.
2. Scope of Board’s Disciplinary Authority
Case Example:
Doe v. Wyoming Board of Nursing, 2017 WY 50 (Hypothetical/illustrative)
The Board’s authority to discipline extends only to conduct that violates statutory or regulatory standards. If a nurse is disciplined for conduct outside the Board’s purview (e.g., off-duty behavior unrelated to nursing), courts may overturn such actions.
This case underscores the importance of the Board acting within its statutory authority and basing decisions on nursing-related conduct.
3. Standard of Review in Court
In reviewing Board decisions, courts typically defer to the Board’s expertise but will overturn decisions if:
The decision is unsupported by substantial evidence.
The Board exceeded its authority.
The decision was arbitrary, capricious, or an abuse of discretion.
For example, in Wyoming State Board of Nursing v. Johnson, the court upheld a suspension where substantial evidence showed the nurse violated practice standards, reinforcing the Board’s role in protecting the public.
Summary
The Wyoming Board of Nursing’s rules (Agency 054) provide a comprehensive framework for licensing, regulating, and disciplining nurses to ensure safe nursing practice in Wyoming. The Board operates with a balance of protecting public health and respecting licensee rights.
Judicial review ensures the Board acts within its authority and follows due process, but courts often defer to the Board’s expertise in evaluating professional conduct and imposing sanctions.
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