2010 Wyoming Statutes
Title 33 - Professions And Occupations
Chapter 10 - Chiropractors
CHAPTER 10 - CHIROPRACTORS
33-10-101. Chiropractic defined.
Chiropractic is the system of specific adjustment or manipulation of the joints and tissues of the body and the treatment of the human body by the application of manipulative, manual, mechanical, physiotherapeutic or clinical nutritional methods for which those persons licensed under this chapter are trained and may include the use of diagnostic x-rays. A chiropractor may examine, diagnose and treat patients provided, however, chiropractors shall not perform surgery, direct the use of or administer drugs required by law to be dispensed on prescription only, practice obstetrics or prescribe or administer x-ray therapy.
33-10-102. Board of chiropractic examiners; established; composition; qualifications of members.
There is hereby created and established a board to be known as the state board of chiropractic examiners, which shall be composed of three (3) practicing chiropractors of integrity and ability, who shall be residents of the state of Wyoming, who shall have practiced chiropractic continuously in the state of Wyoming for a period of at least three (3) years and who shall have a diploma from a recognized chiropractic school or college.
33-10-103. Board of chiropractic examiners; appointment; term; qualifications; vacancies; removal.
The governor shall appoint three (3) practicing chiropractors, who shall possess the qualifications specified in W.S. 33-10-102, to constitute the membership of the board. Members shall be appointed to a term of three (3) years, except that initial terms shall be staggered so that annually thereafter the governor shall appoint one (1) member who shall be a licensed chiropractic practitioner possessing the qualifications specified in W.S. 33-10-102, and who shall serve for a period of three (3) years or until his successor is appointed. The governor shall fill all vacancies occurring in the board. The governor may remove any board member as provided in W.S. 9-1-202.
33-10-104. Board of chiropractic examiners; meetings; procedure; records; members to be licensed.
(a) The board of examiners shall convene within thirty (30) days after the appointment of its members and shall elect from its membership a president, vice-president and secretary-treasurer. The board shall hold a regular meeting once each year at the capitol of the state, the date to be set by the board at its first meeting. The board shall hold special meetings at such times and places as a majority of the members thereof may designate, provided that not more than three (3) meetings shall be held in any one (1) year. A majority of the board shall constitute a quorum. The board shall have authority to administer oaths, take affidavits, summon witnesses and take testimony as to matters coming within the scope of its duties. It shall adopt a seal, which shall be affixed to all licenses issued by it and shall from time to time adopt rules and regulations as are proper and necessary for the performance of its duties. It shall adopt a schedule of minimum educational requirements not inconsistent with the provisions of this law, which shall be without prejudice, partiality or discrimination as to the standard schools of chiropractic. The secretary of said board shall keep a record of the proceedings of the board, which shall at all times be open to public inspection. The board shall also have on file with the secretary of state for public inspection a copy of its rules and regulations.
(b) A license to practice chiropractic within this state shall be issued to the individual members of said board at first meeting, upon payment by each board member of the regular fee, as provided for in this act.
33-10-105. License required.
It shall be unlawful for any person to practice chiropractic in this state without first obtaining a license, as provided for in this act.
33-10-106. Application for license; educational requirements; fees.
Any person wishing to practice chiropractic in this state shall make application to the board of chiropractic examiners, through the secretary-treasurer thereof, upon such form and in such manner as may be prescribed and directed by the board, at least fifteen (15) days prior to any meeting of the board. Each applicant shall be a graduate of a recognized school of chiropractic, in which he actually attended a course of study for at least four (4) years of nine (9) months each, preceded by a four-year high school course or its equivalent, and at least two (2) years of study in either a course of liberal arts or science at the University of Wyoming or in a college or university accredited by the board. Application shall be in writing and shall be signed by the applicant and sworn to before some officer authorized to administer oaths. There shall be paid by each applicant a license fee in an amount established by the board pursuant to W.S. 33-1-201 which fee shall accompany the application.
33-10-107. Time, place and subjects for examinations; reexamination.
(a) Examinations for license to practice chiropractic shall be given by the board at such times and places as it shall determine, and shall be given according to the method deemed by the board to be the most practicable and expeditious to test the applicant's qualifications. The secretary shall designate each applicant by a number instead of by name, so that his identity will not be disclosed to the members of the board until after the examination papers are graded.
(b) All examinations shall be made in writing and shall include the following subjects: principles and practice of chiropractic; sanitation, and hygiene, anatomy, physiology, symptomatology, diagnosis, chiropractic, orthopedy, pathology, and urinalysis. In addition the applicant must also give a clinical demonstration of vertebrae palpation, nerve tracing and adjusting, satisfactory to the board. Additional subjects may be prescribed from time to time by the board to meet with new conditions.
(c) A license shall be granted to all applicants who shall correctly answer seventy-five percent (75%) of all questions asked, but if any applicant shall fail to answer correctly sixty percent (60%) of the questions in any one (1) subject of said examination, regardless of what his average grade might be, he or she shall not be entitled to a license. An applicant who fails to pass the examination may take a second examination at any time within one (1) year from and after his first failure without the payment of any additional fees.
33-10-108. Duties and authority of practitioners.
Chiropractic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases, shall be permitted to sign death certificates, and shall, as to any and all matters pertaining to public health, report to the proper health officers the same as other practitioners.
33-10-109. Title of practitioners.
Chiropractors licensed under this act shall have the right to practice chiropractic in accordance with the method taught in the chiropractic schools and colleges recognized by the chiropractic board of examiners of this state. The prefix "Dr." or "doctor" shall not appear on any display sign before the name of the practitioner; but shall appear in connection with the title "doctor of chiropractic". Said title shall appear in same size type as name of practitioner.
33-10-110. Prohibited acts; refusal, revocation or suspension of license; appeals.
(a) It shall be unlawful for any holder of a license according to this chapter to commit any of the following acts:
(i) To use any false, fraudulent or forged statement or document, or any fraudulent, deceitful, dishonest or immoral practice, in connection with any of the licensing requirements;
(ii) To perform or attempt to perform an unlawful abortion or assist or advise the performance of any unlawful abortion;
(iii) To commit or be convicted of a felony;
(iv) To become addicted to a drug or intoxicant to such a degree as to render the licensee unsafe or unfit to practice chiropractic;
(v) To practice chiropractic while having any physical or mental disability which renders the practice of chiropractic dangerous;
(vi) To be guilty of any dishonest, unethical or unprofessional conduct likely to deceive, defraud or harm the public;
(vii) To use willfully any false or fraudulent statement in any document connected with the practice of chiropractic;
(viii) To knowingly perform any act which in any way assists an unlicensed person to practice chiropractic;
(ix) To violate or attempt to violate, directly or indirectly or assist in or abet the violation or conspiring to violate any provision or terms of the Chiropractic Practice Act;
(x) To practice chiropractic while adjudged mentally incompetent or insane;
(xi) To practice chiropractic under a false or assumed name;
(xii) To advertise the practice of chiropractic in any unethical or unprofessional manner;
(xiii) To obtain a fee as personal compensation or gain to an employer or for a person on fraudulent representation that a manifestly incurable condition can be permanently cured; or
(xiv) To willfully violate any privileged communication.
(b) The board shall refuse to issue a license or certificate to any applicant proved guilty of any of the acts stated in section (a), and the board may revoke the license and certificate or suspend the license and certificate of any licensee proved guilty of any of the acts stated in section (a).
(c) Before refusing, revoking or suspending any license or certificate for any of the causes stated in section (a), the board shall give notice in writing by mailing by United States registered mail to the licensee or applicant at his last known address in Wyoming a statement of the nature of the offense charged. The licensee or applicant shall have thirty (30) days after mailing of the notice to file with the board a written statement of the nature of his defense. If no defense shall have been filed, the board shall proceed ex parte forthwith to hear proof of the charge, and, if proven, shall refuse, suspend or revoke the license and certificate. If the licensee or applicant shall file a defense, the matter forthwith shall be set for hearing by the board.
(d) At the hearing, the board shall be represented and advised by the attorney general and any complainant, applicant or licensee may be represented by counsel. The board and any complainant, applicant or licensee shall have the power to require by subpoena the attendance and testimony of witnesses and the production of papers. The fees and mileage for witnesses shall be the same as prescribed by law for trial by district courts in civil cases. In case of disobedience to a subpoena, the aid of any court of competent jurisdiction may be invoked and such court may issue an order requiring the witness to appear before the board and give evidence and to produce papers and any failure to obey such order of the court may be punished by the court as a contempt thereof. The testimony at the hearing shall be recorded in shorthand or by some other generally used method of taking and recording testimony if required by the board or demanded by the complainant, applicant or licensee, provided that the board or party making such demand shall arrange and pay for the same.
(e) Within thirty (30) days after the hearing, the board shall make its order in writing stating its decision. The complainant, applicant or licensee may appeal from such order to the district court in which he resides or to the district court of Laramie county by filing with the board within fifteen (15) days thereafter a written notice of appeal. Within thirty (30) days after receipt of the notice of appeal, unless the time shall be extended by order of the court appealed to, the board shall certify and deliver to the district court appealed to the original statement of the nature of the offense charged and the defense, or true and certified copies thereof. The appellant shall have five (5) days thereafter to perfect his appeal by filing with the clerk of the district court and with the board and any other parties a copy of the notice of appeal and a petition stating the grounds for the appeal, and if appellant shall fail to do so within the time fixed, the appeal shall be dismissed with prejudice by the court. The order shall remain in effect during the appeal unless the judge of the district court appealed to at any time after making of the order by the board, after three (3) days notice to the board giving an opportunity to be heard with respect thereto, shall fix a bond in a sum to be determined by the court in favor of the people of the state of Wyoming and conditioned upon the faithful performance of the requirements of his license during the appeal. Said bond shall be for the benefit of any persons damaged by any act of the appellant during the appeal or any time prior thereto, and any person so damaged may bring an action against the appellant and the sureties on the bond. Trial before the district court on said appeal shall be de novo and without a jury. The judgment of the district court may be appealed to the supreme court in the manner provided by law for appeal of civil matters.
(f) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
33-10-111. Appeal from decision of board.
Any person feeling himself aggrieved by the decision of the board may have an appeal to the district court of the county wherein his license to practice is of record. The manner and procedure of appeal shall be the same as that provided by law in the cases of appeals from a circuit court to the district court.
33-10-112. License to be recorded; failure to record.
(a) Every person who shall receive a license from the state board of chiropractic examiners shall have it recorded in the office of the county clerk of the county of which he is a resident or in which he practices chiropractic.
(b) The county clerk shall keep in a book provided for that purpose a complete list of all certificates recorded by him, with the date of issue.
(c) The failure on the part of the holder of a license to have it recorded shall be sufficient grounds to revoke or cancel said license, provided, however, that before the board shall revoke a license for failure to record, ten (10) days written notice must be served on the person whose license is thus subject to revocation.
33-10-113. Prerequisite for renewal of license; board's power to make regulations; fees.
(a) Each chiropractor shall, as a prerequisite to annual license renewal, submit as a part of the renewal application satisfactory evidence of a minimum of twelve (12) attendance hours during the preceding year at one (1) or more chiropractic symposiums. Symposiums approved for licensees practicing within the state of Wyoming are those sponsored or conducted by any state chiropractic association, the American Chiropractic Association, or the International Chiropractic Association, or an approved chiropractic college, which devote themselves to lectures or demonstrations concerning matters which are recognized in the state of Wyoming chiropractic laws.
(b) The board shall also adopt rules and regulations authorizing the board to grant exceptions to the educational requirements, including but not limited to retired chiropractors, chiropractors who graduated within twelve (12) months of the date of renewal application, or chiropractors who were unable to obtain the education requirements because of major illness.
(c) All persons practicing chiropractic within this state shall pay on or before June 1 of each year, a renewal license fee in an amount established by the board pursuant to W.S. 33-1-201. If any practicing chiropractor fails to pay the renewal license tax imposed by W.S. 33-10-101 through 33-10-117 within thirty (30) days after the same is due and payable, the board shall revoke his license. When the license is revoked, it can only be restored upon written application therefor and payment to the board of a fee of twice the amount of the renewal fee in effect at the time the restoration application is filed.
33-10-114. Disposition of money collected; expenses of board; per diem of members; compensation of secretary-treasurer.
(a) All money shall be received and collected as provided by law. The state treasurer shall place ten percent (10%) of the money in the general fund and the remainder in a separate account, and shall pay out of the account on warrants drawn by the auditor of the state, upon vouchers issued and signed by the president and secretary-treasurer of the board. The money received and placed in the account may be used by the members of the state board of chiropractic examiners in defraying their salary, mileage and per diem allowance as hereinafter provided in carrying out the provisions of this act. The secretary-treasurer shall keep an accurate and true account of all money received and all vouchers issued by the board. He shall, as required by W.S. 9-2-1014, report to the governor relative to all proceedings of the board.
(b) The members of the board shall receive ten dollars ($10.00) together with per diem and mileage allowance as allowed to state employees for each day during which they are actually engaged in the discharge of their duties. The total expense for every purpose incurred by the board shall not exceed the total of the money collected.
(c) The board may, in its discretion, give the secretary-treasurer compensation not to exceed two hundred dollars ($200.00) per year for the time spent by him in keeping the accounts of the board, drawing vouchers, or in the preparation of the report to the governor.
33-10-115. Reciprocity with other states.
Persons licensed to practice chiropractic under the laws of any other state having requirements equal to those provided for under W.S. 33-10-101 through 33-10-117 may, in the discretion of the board, be issued a license to practice in this state without examination upon payment of a fee in an amount determined by the board pursuant to W.S. 33-1-201.
33-10-116. Violation of W.S. 33-10-101 through 33-10-117.
(a) Any person, corporation or association who shall practice, or attempt to practice, chiropractic, or any person who shall buy, sell, or fraudulently obtain any diplomas or licenses to practice chiropractic, or who shall use the title "doctor of chiropractic", or any word or title to influence belief that he is engaged in the practice of chiropractic, without first complying with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, or by both fine and imprisonment.
(b) The attorney general, the state board of chiropractic examiners, any county attorney, or any licensed doctor of chiropractic in the state of Wyoming, may obtain an injunction in the name of the state of Wyoming upon the relation of such complainant enjoining any person, corporation or association and the officer and directors and employees of such corporation or association from engaging in the practice of chiropractic without a license and certificate or violation of any of the provisions of this chapter. The district court of the district in which the offending party resides or the district court of Laramie county shall have original jurisdiction of any such injunction proceedings. Any defendant who has been so enjoined who shall violate such injunction shall be punished for contempt of court by a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not less than six (6) months or not more than one (1) year, or both. An injunction may be issued without proof of actual damage sustained and upon proof of one (1) or more acts constituting practice of chiropractic without a license or in violation of any provision of this chapter.
33-10-117. Restrictions.
Nothing contained in this act shall be construed to restrain or restrict any legally licensed physician or surgeon or any legally licensed osteopath, in the practice of his profession. The practice of chiropractic is hereby declared not to be the practice of medicine, surgery, or osteopathy, within the meaning of the laws of the state of Wyoming.
