2010 Wyoming Statutes
Title 33 - Professions And Occupations
Chapter 1 - Licensing Generally

CHAPTER 1 - LICENSING GENERALLY

 

ARTICLE 1 - IN GENERAL

 

33-1-101. Sheriff to furnish licenses and collect fees.

 

It shall be the duty of the sheriff of each county to furnish all licenses and collect all moneys for the same as hereinafter provided, and if the sheriff of any county shall knowingly permit any person subject to such license to conduct or carry on any branch of business, occupation or pursuit without first obtaining such license, such sheriff shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law in case of similar offenses.

 

33-1-102. Licenses to be prepared by county clerk; contents of licenses; disposition of moneys.

 

Licenses shall be prepared by the county clerk and shall be delivered to the sheriff of the county wherein they shall be issued, and each license shall contain the name of the person and the character and place of business to be conducted under such license; and it shall be the duty of the county clerk to affix his official signature and the seal of the county to such license, which license shall be countersigned by the county treasurer or his deputy, before being issued by the sheriff, and all moneys collected under and for such license shall be paid by the sheriff into the county treasury within fifteen (15) days from the date of said license.

 

33-1-103. Clerk to keep abstract of licenses; inspection by commissioners.

 

It shall be the duty of the county clerk to keep on file in his office, and submit for the inspection of the county commissioners at each of their regular sessions, a faithful and correct abstract containing full information of all licenses so issued to the sheriff, and neglect to comply with the provisions of this section shall be deemed a misdemeanor and shall be punished as provided by law.

 

33-1-104. County treasurer to make report of license receipts.

 

It shall be the duty of the county treasurer of each county to furnish to the county commissioners at each of their regular sessions a full and complete statement of all moneys received for licenses issued, as provided in W.S. 33-1-103, failure or neglect on the part of the treasurer to comply with the provisions of this section shall be deemed a misdemeanor, and shall be punished as provided by law.

 

33-1-105. License money to be credited to general fund.

 

All money collected for licenses, as provided for by this act, shall constitute a portion of, and be credited to, the general county fund.

 

33-1-106. Certain licenses payable to incorporated towns.

 

All licenses issued by any county in this state for the sale of liquors, or for owning or keeping a billiard table, or any table used for pool or bagatelle, and all licenses issued by the counties for any other game or games, not prohibited by the laws of this state, when the licensee shall be a resident of and carrying on the business for which he is licensed within the corporate limits of any incorporated town, city or village, the license shall be collected by the city marshal or collecting officer of the incorporated town, city or village, for the purposes mentioned in this section. It shall be the duty of the collecting officer, between the first and fifteenth days of each month, to pay into the treasury of such incorporated town, city or village, all monies collected for the licenses, which monies shall be applied to the general revenue purposes of the incorporated town, city or village.

 

33-1-107. Authority of county to levy and collect license tax; purpose; uniformity required.

 

For the purpose of raising revenue, any county of the state of Wyoming hereby is authorized to levy and collect a license tax on any business whatsoever conducted, carried on, or trafficked in within the limits of such county and the board of county commissioners hereby is authorized to adopt such resolutions as shall be necessary to carry into effect the provisions of this section. All such license taxes shall be uniform with respect to the class of such upon which imposed.

 

33-1-108. Authority of county to levy and collect license tax; W.S. 33-1-107 not applicable to certain counties.

 

W.S. 33-1-107 shall not apply to any county having an assessed valuation for the current tax year exceeding twelve million dollars ($12,000,000.00).

 

33-1-109. Disposition of fines.

 

Every magistrate or other officer to whom any fines imposed under general laws of the state shall be paid for the use of the county, shall, at each regular meeting of the board of county commissioners, make a report of the total amount so collected, and all fines so collected shall be paid into the county treasury for the credit of the public school fund of the county, within thirty (30) days after collection thereof.

 

33-1-110. Failure of officer to report fines.

 

Any magistrate or other officer neglecting, omitting or refusing to comply with the provisions of W.S. 33-1-109 shall be guilty of a misdemeanor, and shall be punished as provided by law.

 

33-1-111. Informers may testify.

 

Persons prosecuting or giving information under the provisions of this act may be competent witnesses on the trial thereof, notwithstanding their interest in the penalty to be recovered.

 

33-1-112. Penalties may be recovered by action.

 

Penalties incurred by a violation of the provisions of this act may be recovered by action of debt in the name of the county prosecuting the same, or by indictment or complaint in the name of the people of the state of Wyoming.

 

33-1-113. Unpaid licenses.

 

If any sheriff fail, from causes not within his control to collect the amount payable on any license issued as provided in W.S. 33-1-101, after such license has been issued, such license shall be returned to the county treasurer within twenty (20) days after the issuance thereof, and it shall be the duty of said county treasurer to note the fact of such failure to collect, and to return the license to the office of the county clerk at the next regular session of the board of county commissioners; said license shall be cancelled or destroyed by said board of county commissioners.

 

33-1-114. License applications; social security numbers required; exception.

 

Except as otherwise specifically provided by statute, a board or commission authorized to establish examination, permit or license application requirements for any profession or occupation regulated under this title shall require applicants for new licenses, certificates of registration or renewals of licenses or certificates to include the applicant's social security number on the application form.

 

33-1-115. Professional assistance programs for health care providers and others as specified; confidentiality of records.

 

(a) As used in this section:

 

(i) "Health care provider" means a person who is licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, and for purposes of this section also includes a pharmacist, pharmacy technician or veterinarian;

 

(ii) "Licensee" means:

 

(A) Any individual holding a permit or license as a health care provider as a profession or occupation regulated under this title;

 

(B) Any individual admitted to the Wyoming state bar; or

 

(C) Any individual teaching in a public school pursuant to a certificate or permit issued under the laws of this state by the Wyoming professional teaching standards board.

 

(iii) "Professional assistance program" or "program" means a program or activity relating to drug or alcohol abuse prevention, referral, treatment or rehabilitation, which is directly or indirectly assisted by a board or commission or other organization established under this title for the regulation of licensees or the Wyoming state bar or the Wyoming professional teaching standards board established under W.S. 21-2-801.

 

(b) Any information pertaining to the identity, diagnosis, prognosis, referral or treatment of any licensee possessed in connection with the performance of any professional assistance program shall be confidential and shall not be disclosed except under the circumstances expressly authorized by subsections (c) and (d) of this section.

 

(c) The content of any record referred to in subsection (b) of this section may be disclosed in accordance with the prior written consent of the licensee with respect to whom the record is maintained.

 

(d) Whether or not the licensee gives his written consent, the content of the record may be disclosed as follows:

 

(i) To medical personnel to the extent necessary to meet a bona fide medical emergency;

 

(ii) For the purpose of conducting research or program evaluations, provided that the record may not identify any individual in the program;

 

(iii) As required to report under state law incidents of suspected child abuse or neglect to the appropriate authorities;

 

(iv) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore;

 

(v) If compelled in an administrative action before a board or commission to enforce its laws, rules, regulations or permit or license requirements, unless the disclosure would violate federal law; or

 

(vi) To the state board or commission regulating the licensee, if the diagnosis or prognosis determines a clearly definable drug or alcohol abuse problem and the licensee refuses to seek treatment.

 

(e) A court order under this section may authorize disclosure of confidential information only with notice to the professional assistance program and, after an opportunity for response and an in camera review if necessary, the court finds:

 

(i) The disclosure is necessary to protect against an existing threat to life or of serious bodily injury;

 

(ii) The disclosure is necessary in connection with investigation or prosecution of an extremely serious crime such as one which directly threatens loss of life or serious bodily injury; or

 

(iii) The disclosure is in connection with litigation or an administrative proceeding in which the patient offers testimony or other evidence pertaining to the content of the confidential communications.

 

(f) Except as provided in this section, referrals to a professional assistance program shall be absolutely privileged and no lawsuit predicated thereon may be instituted. The program, its board members, employees and agents shall be immune from suit for conduct within the scope of their functions without malice and in the reasonable belief that their actions were warranted, including conduct and actions performed by the terms of a contract with a state board or commission.

 

(g) The department of health shall provide assistance to any certifying, permitting or licensure board that desires to establish professional assistance programs as defined under this section.

 

ARTICLE 2 - FEES

 

33-1-201. Fees generally.

 

(a) Except as otherwise specifically provided by statute, a board or commission authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under title 23 shall establish those fees in accordance with the following:

 

(i) Fees shall be established by rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;

 

(ii) Fees shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required for the profession or occupation under this title;

 

(iii) The board or commission shall maintain records sufficient to support the fees charged.

 

33-1-202. Disposition of fees and interest.

 

 

(a) Except as otherwise specifically provided by statute:

 

(i) All fees and monies received and collected by the boards or commissions under this title and under W.S. 11-25-105(d), 21-2-802(d) and 23-2-414(d) shall be deposited into the state treasury and credited to each board's or commission's respective account as created by statute;

 

(ii) The interest on all fees and monies collected by the boards or commissions under this title and under W.S. 11-25-105(d), 21-2-802(d) and 23-2-414(d) shall be credited as follows:

 

(A) An amount equal to the first fifty percent (50%) of the interest earned from the previous year shall be deposited into an account within the enterprise fund to be used to fund legal services provided to the boards and commissions by the attorney general; and

 

(B) The remainder of the interest shall be deposited in each board's or commission's respective account as created by statute.