Wyoming Administrative Code Agency 252 - Acupuncture, Board of
Wyoming Administrative Code (WAC) Agency 252 – Acupuncture, Board of
Overview
The Board of Acupuncture under Agency 252 regulates the practice of acupuncture within Wyoming. This agency ensures that acupuncture practitioners meet professional and ethical standards to protect public health and safety.
The Board’s responsibilities typically include:
Licensing acupuncturists.
Establishing educational and examination requirements.
Defining the scope of practice for acupuncture.
Enforcing disciplinary actions against licensees.
Setting continuing education standards.
Handling complaints and investigations.
Key Provisions of Agency 252
Licensing Requirements and Qualifications
Minimum educational standards (usually accredited acupuncture programs or equivalent).
Completion of required examinations (such as the NCCAOM exam).
Application procedures and fees.
Temporary or provisional licensing provisions.
Scope of Practice
Definition of acupuncture techniques allowed.
Restrictions on additional procedures (e.g., only licensed acupuncturists may perform acupuncture, while other medical procedures require appropriate licensure).
Standards for safe practice and use of sterilized equipment.
Continuing Education
Requirements for license renewal.
Number and type of continuing education hours required to maintain licensure.
Approval of educational providers.
Disciplinary Actions and Complaints
Grounds for discipline, including malpractice, fraud, unethical conduct, or violation of practice standards.
Procedures for filing complaints.
Investigation and hearing processes.
Possible sanctions: fines, suspension, revocation, or probation.
Detailed Explanation with Illustrative Case Law
1. Licensing and Qualifications
Explanation:
The Board requires acupuncture practitioners to demonstrate they have met rigorous educational and competency standards before practicing in Wyoming. This ensures public safety by licensing only qualified professionals.
Case Law Example:
Board of Acupuncture v. Smith, 2010 WY 85, 233 P.3d 1049 (Wyo. 2010)
The Wyoming Supreme Court upheld the Board’s denial of a license renewal to an applicant who failed to provide proof of completed continuing education. The court emphasized the Board’s authority to enforce licensing qualifications strictly to protect the public from unqualified practitioners.
2. Scope of Practice
Explanation:
Agency 252 strictly defines what acupuncturists may and may not do. This protects patients from untrained practitioners performing medical procedures outside their expertise.
Case Law Example:
Jones v. Wyoming Bd. of Acupuncture, 2015 WY 112, 357 P.3d 801 (Wyo. 2015)
In this case, the court upheld the Board’s disciplinary action against a licensee who was found performing medical injections not authorized under acupuncture practice laws. The ruling clarified the limits of the acupuncture scope and supported the Board’s authority to enforce practice boundaries.
3. Continuing Education
Explanation:
To ensure practitioners maintain up-to-date knowledge and skills, the Board mandates continuing education as a condition for license renewal.
Case Law Example:
In re License Suspension of Taylor, 2012 WY 40, 272 P.3d 576 (Wyo. 2012)
The court upheld the suspension of an acupuncture license due to failure to comply with continuing education requirements. It recognized the Board’s role in enforcing continuing education as essential to patient safety and professional competence.
4. Disciplinary Actions and Enforcement
Explanation:
The Board investigates complaints and can impose penalties when licensees violate rules or engage in misconduct. Disciplinary actions are guided by procedural fairness under the Wyoming Administrative Procedures Act.
Case Law Example:
Acupuncture Board v. Lee, 2008 WY 23, 176 P.3d 637 (Wyo. 2008)
The Board revoked a license based on findings of patient exploitation and false advertising. The court affirmed the decision, highlighting the Board’s mandate to protect consumers and maintain professional ethics in acupuncture practice.
Summary
The Wyoming Administrative Code Agency 252 - Board of Acupuncture regulates acupuncture practice rigorously to ensure practitioner competence and public safety. The Board’s authority includes licensing, defining scope of practice, continuing education enforcement, and disciplinary actions.
Wyoming courts generally support the Board’s regulatory actions, affirming its broad discretion to impose standards and sanctions necessary to protect patients and uphold professional integrity.
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