Psychologists

Wyo. Stat. Ann. tit. 33, ch. 27
in effect

Wyo. Stat. Ann. § 33-27-113 Definitions.

(a) As used in this act: (i) "Board" means the Wyoming state board of psychology; (ii) "Institution of higher education" means any regionally accredited institution of higher education in the United States, including a professional school, that offers a full-time doctoral course of study in psychology as defined in the rules of the board. For Canadian universities, it means an institution of higher education that holds recognized membership in the association of universities and colleges of Canada. Institutions of higher education outside the United States and Canada will be evaluated on a case-by-case basis by the board; (iii) "Practice of psychology" means the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and procedures, for the purpose of any one (1) or any combination of the following: (A) Preventing, eliminating, evaluating or assessing symptomatic, maladaptive or undesired behavior; (B) Enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health; (C) Consulting in legal decision making; (D) Psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning; (E) Psychoanalysis, psychotherapy, hypnosis, biofeedback and behavior analysis and therapy; (F) Diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of psychological aspects of physical illness, accident, injury or disability; (G) Psychoeducational evaluation, therapy, remediation and consultation. (iv) "Practice of school psychology" means rendering or offering to render to individuals, groups, organizations, government agencies or the public any of the following services: (A) Evaluation, diagnosis, or test interpretation limited to assessment of intellectual ability, learning patterns, achievement, motivation, personality or neurological factors directly related to learning problems in an educational setting; (B) Counseling services for children or adults for amelioration or prevention of educationally related learning problems. (v) "Psychologist" means a person licensed to practice psychology; (vi) "Representation as a psychologist or school psychologist" means using any title or description of services incorporating the words psychology, psychological or psychologist; (vii) Repealed By Laws 2009, Ch. 154, § 2. (viii) "Sexual exploitation of a client or patient" means: (A) Any verbal behavior by a psychologist or school psychologist which involves offers of exchange of professional services for some form of sexual gratification; or (B) Unlawful or unprofessional sexual contact with a client or patient. (ix) "Specialist in school psychology" means a person who holds at least a masters degree in school psychology or a degree considered equivalent by the board as described in the rules and regulations and who is certified by the board; (x) "Certifying entity" means the behavior analyst certification board or another entity as specified by rule of the board whose programs to credential practitioners of behavior analysis are accredited by the national commission on certifying agencies, the American national standards institute or a similar successor accrediting organization and which reasonably ensures that persons certified have the qualifications, education and experience necessary to protect public health and safety and to provide services that are customary and professional; (xi) "Licensed assistant behavior analyst" means a person licensed under this act for the practice of behavior analysis and who is supervised in accordance with W.S. 33-27-124(c); (xii) "Licensed behavior analyst" means a person licensed under this act for the practice of behavior analysis; (xiii) "Practice of behavior analysis" means the design, implementation and evaluation of instructional and environmental modifications based on scientific research and direct and indirect observation and measurement of behavior and environment to produce socially significant improvements in human behavior. The "practice of behavior analysis" includes the empirical identification of functional relations between behavior and environmental factors. The "practice of behavior analysis" does not include psychotherapy, cognitive therapy, psychoanalysis, hypnotherapy, counseling, psychological testing, personality, intellectual or neuropsychological assessments or the diagnosis of psychological disorders; (xiv) "This act" means W.S. 33-27-113 through 33-27-125. (b) A person not otherwise exempt from this act is engaged in the practice of psychology when the person advertises or represents that he is authorized to practice psychology and performs any of the activities enumerated in paragraph (a)(iii) of this section without regard to whether payment is received for services rendered.

Wyo. Stat. Ann. § 33-27-114 Exemptions.

(a) Nothing in this act shall be construed to prevent members of other recognized professions who are licensed, certified or regulated under the laws of this state as defined in the rules and regulations from rendering services consistent with their professional training and code of ethics, provided that they do not represent themselves to be psychologists. (b) Individuals who have been certified as school psychologists by the Wyoming professional teaching standards board shall be permitted to use the terms "school psychologist" or "certified school psychologist" within the school setting. Those persons shall be restricted in their practice to employment within schools and educational institutions and those settings under the purview of the professional teaching standards board unless they are also licensed under this act or licensed under W.S. 33-38-101 through 33-38-110. (c) Duly recognized members of the clergy shall not be restricted from functioning in their ministerial capacity, provided they do not represent themselves to be psychologists. (d) Nothing in this act shall be construed to prevent the teaching of psychology, the conducting of psychological research, or the provision of industrial or organizational consultation provided that such teaching, research or consultation does not involve the delivery or supervision of direct psychological services to individuals who are themselves rather than a third party the intended beneficiaries of the services without regard to the source or extent of payment for services rendered. Nothing in this act shall prevent the provision of expert testimony by psychologists who are exempted by this act. Persons holding an earned doctoral degree in psychology from an institution of higher education may use the title "psychologist" in conjunction with the activities permitted in this subsection. (e) Nothing in this act shall be construed to prevent the persons described in this subsection from engaging in activities defined as the practice of psychology, provided that the persons shall not represent themselves by the title "psychologist." The persons may use the terms "psychological trainee," "psychological intern," "psychological resident" or "psychological practitioner" and shall perform their activities under the supervision and responsibility of a licensed psychologist in accordance with the rules promulgated by the board. This subsection shall only apply to: (i) A matriculated graduate student in psychology whose activities constitute a part of the course of study for a graduate degree in psychology at an institution of higher education; (ii) An individual pursuing postdoctoral training or experience in psychology, including persons seeking to fulfill the requirements for licensure under the provisions of this act; or (iii) A qualified practitioner holding a master's degree or doctoral degree in psychology from a program approved by the board while working under the supervision of a licensed psychologist. The board, in its rules and regulations, shall establish: (A) The qualifications for use of the title "psychological practitioner"; (B) The number of practitioners that a psychologist may employ; (C) Conditions under which they may practice; (D) The process of certification with the board; and (E) Appropriate fees. (f) Nothing in this act shall be construed to prevent specialists in school psychology from engaging in activities defined as the practice of school psychology, provided that they shall not represent themselves by the title "psychologist." These persons may perform their activities under the supervision and responsibility of a psychologist in accordance with the rules promulgated by the board. The board, in its rules and regulations, shall establish: (i) Qualifications for use of the title "specialist in school psychology"; (ii) The number of specialists that a psychologist may employ; (iii) Conditions under which they may be supervised or practice; (iv) The process of certification with the board; and (v) Appropriate fees. (g) Nothing in this act may be construed to require employees or contractors of a state agency to be licensed under this act in order to perform their official duties related to the evaluation, auditing or designing of programs, provided those employees or contractors do not hold themselves out to be psychologists. (h) Nothing in this act shall prevent a person from providing the psychological services authorized by the Psychology Interjurisdictional Compact, W.S. 33-27-202, if the person satisfies all the standards and conditions required by the compact and complies with all compact participation requirements imposed pursuant to rules adopted by the board.

Wyo. Stat. Ann. § 33-27-115 State board of psychology.

(a) The Wyoming state board of psychology shall consist of six (6) licensed psychologists, two (2) licensed behavior analysts, and one (1) public member appointed by the governor. Each member shall be a resident of this state. Each member who is a psychologist shall be licensed under this act and shall have a minimum of three (3) years of post-licensure experience. At least one (1) member who is a psychologist shall be engaged full time in the doctoral teaching and training of psychologists, and at least two (2) members who are psychologists shall be engaged full time in the professional practice of psychology. Each member who is a behavior analyst shall be licensed under this act and shall have a minimum of three (3) years of post-licensure experience, except as provided by subsection (c) of this section. The composition of the board shall to the greatest extent practicable represent both the public and private sectors of the practices of psychology and behavior analysis. Public members shall not be psychologists, behavior analysts, assistant behavior analysts, applicants or former applicants for licensure or certification under this act, members of another health profession, or members of a household that includes a person licensed or certified under this act. Board members shall be appointed who are free from conflict of interest in performing the duties of the board. (b) Before making appointment to the board, the governor shall solicit a list of nominations from the Wyoming psychological association but is not limited to appointing board members from that list. The appointments shall be with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103. (c) The term of office shall be five (5) years with provision for reappointment for one (1) additional term. A member may be reappointed for an additional two (2) terms after at least two (2) years off the board. The two (2) members of the board who are required to be licensed behavior analysts shall have staggered terms. One (1) behavior analyst member shall be appointed for five (5) years and one (1) behavior analyst member shall be appointed for three (3) years. Notwithstanding the requirements under subsection (a) of this section, the initial two (2) behavior analyst members appointed to the board by the governor shall not be required to be licensed in this state before their appointment but shall obtain licensure during their board tenure in order to be reappointed as a board member and shall otherwise be qualified to practice behavior analysis under this act. (i) Repealed by Laws 2022, ch. 47, § 3. (ii) Repealed by Laws 2022, ch. 47, § 3. (iii) Repealed by Laws 2022, ch. 47, § 3. (iv) Repealed by Laws 2022, ch. 47, § 3. (d) The governor may remove any board member pursuant to W.S. 9-1-202. Any vacancy in the membership of the board occurring other than by expiration of term shall be filled by appointment by the governor for the unexpired term. (e) Board members shall serve without compensation other than per diem and mileage as provided in W.S. 33-1-302(a)(vii).

Wyo. Stat. Ann. § 33-27-116 Powers and duties of the board.

(a) In accordance with this act and rules and regulations promulgated under it, the board shall determine a person's initial and continuing qualifications and fitness to practice psychology or behavior analysis, proceed against the unlawful and unlicensed practice of psychology or behavior analysis and otherwise enforce this act. (b) The board shall adopt rules in accordance with the provisions of the Wyoming Administrative Procedure Act which are reasonable and necessary to administer this act. The powers conferred on the board by this act shall be liberally construed to protect the health, safety and the welfare of the people of this state. (c) The board shall hold a regular annual meeting in which it shall select from its members a chair and a vice-chair. The secretary of the board shall be appointed by the board from its membership. A quorum of the board shall consist of the majority of its members at any meeting. (d) Other regular meetings shall be held at such times as the rules of the board may provide. Special meetings may be held at such times as may be deemed necessary or advisable by the chair or the majority of board members or upon request of the governor. Reasonable notice of all meetings shall be given in the manner prescribed by the board. (e) The board shall, as required by W.S. 9-2-1014, report to the governor concerning the work of the board. (f) The board shall establish reasonable fees for the issuance and renewal of licenses, certificates and its other services in its rules promulgated in accordance with the Wyoming Administrative Procedure Act as specified in W.S. 33-1-201. (g) The board may accept grants and gifts from individuals, associations, corporations, foundations and institutions to carry on its functions. (h) The board shall adopt an official seal. (j) The board may require continuing education on the part of those persons licensed or certified under this act to qualify for renewal, the terms of which shall be specified in the rules and regulations. (k) Each year the board shall publish a list of all persons licensed or certified under this act and a copy of that list will be made available for the public at the board's office. (m) A member of the board or any employee or agent of the board shall not be held civilly liable for any act performed in good faith and within the scope of the duties of the board. (n) The board may employ or contract with an executive secretary and other necessary staff. The executive secretary shall not be a member of the board. The board may set the salary for the executive secretary. (o) The board shall request criminal history background information as authorized under W.S. 7-19-106(a)(xxxvii) for all initial applicants and all renewal applicants every two (2) years as provided by rule of the board. (p) The board shall administer the provisions of the Psychology Interjurisdictional Compact pursuant to W.S. 33-27-201 and 33-27-202, including factoring the annual assessment required under the compact into its biennial budget, and may promulgate reasonable rules for the orderly administration of the compact. The board shall immediately advise the legislature's joint labor, health and social services interim committee if the board determines that any assessment levied against Wyoming pursuant to the Psychology Interjurisdictional Compact is excessive when compared to the benefits of compact participation or if any assessment is not proportionally adjusted to reflect the number of licensed psychologists in Wyoming compared to the number of licensed psychologists in other compact states. (q) Pursuant to the Psychology Interjurisdictional Compact, W.S. 33-27-201 and 33-27-202, and consistent with W.S. 7-19-106(a)(xxviii) and 7-19-201(a)(xxv), the board shall require an identity history summary, as defined in the compact, for all applicants for licensure as a psychologist and shall require applicants to submit to a background investigation including fingerprints or the submission of other biometric data compliant with the requirements of the federal bureau of investigation or other designee with similar authority. (r) The board shall require every person licensed under this act who has not previously completed an identity history summary, as defined in the Psychology Interjurisdictional Compact, W.S. 33-27-201 and 33-27-202, including the required background investigation as provided for by the compact and consistent with W.S. 7-19-106(a)(xxviii), 7-19-201(a)(xxv) and 33-27-116(p), to do so as part of the person's next license renewal.

Wyo. Stat. Ann. § 33-27-117 Requirements for licensure; psychology.

(a) The board shall issue a license as a psychologist to any applicant who files an application upon a form and in a manner as prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the applicant's competence and of the following which evidence shall comply with rules and regulations of the board: (i) Repealed by Laws 2022, ch. 47, § 3. (ii) The applicant's receipt of a doctoral degree from a program of graduate study in psychology as defined in the rules and regulations, awarded by an institution of higher education; (iii) The applicant's completion of two (2) years of supervised professional experience which may be completed prior and subsequent to the granting of the degree required under paragraph (ii) of this subsection; (iv) The applicant's successful completion of the examination for professional practice in psychology and any other written or oral examinations prescribed by the board. The acceptable level of performance for all examinations and policies regarding reexamination of failed applicants shall be determined by the board. (b) The board may waive any examination if a psychologist has been licensed in another jurisdiction and if the requirements for licensure in that jurisdiction are equal to, or exceed, the requirements for licensure in this state. (c) A person licensed as a psychologist or school psychologist in this state on June 30, 2009 shall be deemed to have met all requirements for licensure under this act and shall be eligible for renewal of licensure as a psychologist in accordance with this act. (d) The board may issue a provisional license to an applicant who does not meet all the requirements in this section if the board finds that: (i) A need for psychological services exists in a rural part of Wyoming; and (ii) The applicant is employed by a state or community mental health center. (e) The board may issue a temporary license to an applicant who is licensed or certified by a board of psychology of another United States state or territory, or of a foreign country or province whose standards are equal to or exceed the requirements for licensure as a psychologist in this state. A temporary licensee may offer services as a psychologist in this state for not more than thirty (30) working days in any year without holding a permanent license issued under this act. The temporary licensee shall report the nature and extent of the licensee's practice in this state to the board if that practice exceeds twenty (20) working days in any one (1) calendar year. (f) Notwithstanding the licensure requirements provided by this section, the board shall extend authority to perform the psychological services authorized by the Psychology Interjurisdictional Compact, W.S. 33-27-202, to any person who satisfies all the conditions and standards required by the compact and who complies with all compact participation requirements imposed pursuant to rules adopted by the board. (g) Persons providing psychological services pursuant to the Psychology Interjurisdictional Compact, W.S. 33-27-202, shall be required to obtain an E.Passport and an interjurisdictional practice certificate issued by the Association of State and Provincial Psychology Boards.

Wyo. Stat. Ann. § 33-27-118 Limitation of practice.

The board shall ensure through rules and regulations and enforcement that those persons licensed or certified under this act, including persons providing psychological services pursuant to the Psychology Interjurisdictional Compact, W.S. 33-27-202, limit their practice to demonstrated areas of competence.

Wyo. Stat. Ann. § 33-27-119 Practice without license.

(a) Repealed By Laws 2009, Ch. 154, § 2. (b) Unless exempt under W.S. 33-27-114 or 33-27-125, any person who represents himself as a psychologist and who engages in the practice of psychology or represents himself as a behavior analyst or assistant behavior analyst and who engages in the practice of behavior analysis in violation of this act, is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. Each violation shall constitute a separate offense. (c) Any person filing or attempting to file as his own, a diploma or license of another or a forged affidavit of identification shall be guilty of a felony and shall be subject to the punishment prescribed for forgery under W.S. 6-3-602. (d) Any person whose license to practice as a psychologist, behavior analyst or assistant behavior analyst in any jurisdiction has been suspended or revoked and which license has not been reinstated shall not practice psychology or behavior analysis in this state, nor shall any person provide psychological services under the Psychology Interjurisdictional Compact, W.S. 33-27-202, when the person's practice rights have been removed pursuant to the terms of the Psychology Interjurisdictional Compact. The board may suspend or revoke the license of any person under this subsection, and, if applicable, take all action consistent with the Psychology Interjurisdictional Compact. The board may issue a new license whenever it deems the issuance to be safe and just and, if applicable, when consistent with the terms of the Psychology Interjurisdictional Compact. (e) The board on its own motion may investigate any evidence or allegation that appears to show that any person is or may be in violation of any provision of this act or the Psychology Interjurisdictional Compact, W.S. 33-27-202.

Wyo. Stat. Ann. § 33-27-120 Grounds for denial, suspension or revocation of license and other disciplinary sanctions.

(a) A psychologist, behavior analyst or assistant behavior analyst and anyone under his supervision shall conduct his professional activities in conformity with ethical and professional standards as promulgated by rule of the board. (b) After notice and a hearing, the board may revoke, refuse to renew, reprimand, censure, limit the scope of practice, place on probation with or without terms, conditions or limitations or suspend licenses to practice psychology or behavior analysis for any of the following acts or offenses: (i) Fraud in applying for or procuring a license to practice psychology or behavior analysis; (ii) Immoral, unprofessional or dishonorable conduct as defined in the rules and regulations promulgated by the board; (iii) Practicing psychology or behavior analysis in a manner which endangers the welfare of clients or patients; (iv) Conviction of a felony that interferes with the ability to practice psychology or behavior analysis as defined by rule of the board; (v) Conviction of any felony or conviction of any crime or offense that reflects the inability of the practitioner to practice with due regard for the health and safety of clients or patients. A copy of the conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction; (vi) Harassment, intimidation or abuse, sexual or otherwise, of a client or patient; (vii) Sexual exploitation of a client or patient as defined by W.S. 33-27-113(a)(viii); (viii) Use of untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including functioning outside of one's professional competence established by education, training and experience; (ix) Malpractice or negligence in the practice of psychology or behavior analysis; (x) Aiding or abetting the practice of psychology or behavior analysis by a person not licensed by the board; (xi) Fraud in filing medicare or medicaid claims or in filing claims to any third party payor; (xii) Exercising undue influence to exploit a client, patient, student or supervisee for financial or other personal advantage to the practitioner or a third party; (xiii) The suspension or revocation by another jurisdiction of a license to practice psychology or behavior analysis or the suspension or revocation of a behavior analysis certification issued by the certifying entity; (xiv) Refusal to appear before the board after having been ordered to do so in writing by the chair of the board; (xv) Making any fraudulent or untrue statement to the board; (xvi) Violation of the code of ethics adopted in the rules and regulations of the board; (xvii) Inability to practice psychology or behavior analysis with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals or any other substance or as a result of any mental or physical condition; or (xviii) Providing psychology services under the Psychology Interjurisdictional Compact, W.S. 33-27-202, without satisfying the standards and conditions imposed by the compact or without complying with rules promulgated by the board related to providing psychological services under the compact. (c) With respect to evidence of any conviction or the suspension or revocation of a license for the purposes of subsection (b) of this section, a certified copy of the record of conviction from the court entering the conviction, from the state suspending or revoking the license, or from the coordinated licensure information system operated under the Psychology Interjurisdictional Compact, W.S. 33-27-202, shall be conclusive evidence thereof. (d) 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. (e) For purposes of this section, "conviction" means and includes a plea of guilty, nolo contendere and a verdict of guilty upon which a judgment of conviction may be rendered.

Wyo. Stat. Ann. § 33-27-121 Determination of mental or physical impairment.

(a) If the board has reasonable grounds to suspect that a person licensed or certified under this act lacks the mental or physical capacity to practice with reasonable skill and safety to patients or clients, the board may require that person to submit to psychological, physical or other medical examinations to determine his capacity to practice competently. Failure or refusal to undergo requested examinations shall be grounds to suspend or revoke the license. The board shall specify in its rules and regulations the nature of the examinations, the appeal process, and who shall bear the cost of the examinations. (b) If the board has reasonable grounds to suspect that an applicant may be using controlled substances or is otherwise mentally or physically impaired, the board may require the applicant to undergo any psychological, physical or other examination necessary as specified in the rules and regulations to determine the applicant's ability to competently practice.

Wyo. Stat. Ann. § 33-27-122 Board hearings and investigations.

(a) The board may investigate or cause to be investigated any allegation or evidence that appears to show that a psychologist, behavior analyst or assistant behavior analyst licensed to practice in this jurisdiction, including a person providing psychological services pursuant to the Psychology Interjurisdictional Compact, W.S. 33-27-202, and anyone under his supervision is, or may be, in violation of this act, in violation of the Psychology Interjurisdictional Compact or in violation of any of the rules adopted by the board. (b) Any person who in good faith reports a violation to the board shall be absolutely immune from civil liability for any statement or opinion made in the report. (c) The board shall conduct hearings in accordance with the Wyoming Administrative Procedure Act and duly promulgated rules and regulations. (d) The licensee may waive any or all of his rights to a formal adjudicatory proceeding. (e) The board may conduct a default hearing if, after due notice, the individual fails or refuses to appear. The board shall have the authority to issue subpoenas for production of documents and witnesses and to administer oaths. The board may apply to a court of competent jurisdiction to compel compliance with a subpoena. (f) A psychologist, behavior analyst or assistant behavior analyst may surrender his license when he is charged with any violation of this act, the Psychology Interjurisdictional Compact, W.S. 33-27-202 or board rules and regulations, and such surrender and acceptance by the board shall constitute acknowledgment by the person as an admission of guilt as charged. The circumstances of the surrender shall be reported in the same fashion as a revocation action. (g) A psychologist, behavior analyst or assistant behavior analyst may request in writing to the board that a restriction be placed upon his license to practice. The board, in its discretion, may accept a surrender or grant a request for restriction and shall have the authority to attach restrictions to the license to practice within this state or otherwise to discipline the licensee. (h) Subsequent to the holding of a hearing and the taking of evidence by the board as provided for in this section, if a majority of the board finds that a psychologist, behavior analyst or assistant behavior analyst is in violation of this act or the Psychology Interjurisdictional Compact, W.S. 33-27-202, or is guilty of any of the acts, offenses or conditions as enumerated by the board, the following actions may be taken: (i) The board may revoke or suspend the license or ability to practice under the Psychology Interjurisdictional Compact, W.S. 33-27-202; (ii) The board may suspend imposition of a revocation or suspension of a license or ability to practice under the Psychology Interjurisdictional Compact, W.S. 33-27-202; (iii) The board may impose revocation or suspension of a license or ability to practice under the Psychology Interjurisdictional Compact, W.S. 33-27-202, but suspend enforcement thereof by placing the psychologist, behavior analyst or assistant behavior analyst on probation, which probation shall be revocable if the board finds the conditions of the probation order are not being followed. As a condition of probation the board may require the psychologist, behavior analyst or assistant behavior analyst to submit to care, counseling or treatment by a professional designated by the board. The expense of the action shall be borne by the probationer. The board may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of the protection of the public, or for the purpose of the rehabilitation of the probationer, or both; (iv) The board may require restitution when necessary; and (v) The board may assess the costs of the disciplinary proceeding as specified in its rules and regulations. (j) The board shall take all necessary action against a person violating the Psychology Interjurisdictional Compact, W.S. 33-27-202, as required by the compact.

Wyo. Stat. Ann. § 33-27-123 Privileged communication.

(a) In judicial proceedings, whether civil, criminal, or juvenile, in legislative and administrative proceedings, in proceedings related to the Psychology Interjurisdictional Compact, W.S. 33-27-202, and in proceedings preliminary and ancillary thereto, a patient or client, or his guardian or personal representative, may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a person licensed or otherwise authorized to practice under this act, the Psychology Interjurisdictional Compact, W.S. 33-27-202 or to persons reasonably believed by the patient or client to be so licensed, and their agents, for the purpose of diagnosis, evaluation or treatment of any mental or emotional condition or disorder. The psychologist, behavior analyst or assistant behavior analyst shall not disclose any information communicated as described above in the absence of an express waiver of the privilege except in the following circumstances: (i) Where abuse or harmful neglect of children, the elderly or disabled or incompetent individuals is known or reasonably suspected; (ii) Where the validity of a will of a former patient or client is contested; (iii) Where such information is necessary for the psychologist, behavior analyst or assistant behavior analyst to defend against a malpractice action brought by the patient or client; (iv) Where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist, behavior analyst or assistant behavior analyst; (v) In the context of civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the psychologist, behavior analyst or assistant behavior analyst; (vi) Where the patient or client, by alleging mental or emotional damages in litigation, puts his mental state in issue and production of those materials by the patient or client is required by law; (vii) Where the patient or client is examined pursuant to court order; or (viii) In the context of investigations and hearings brought by the patient or client and conducted by the board where violations of this act or the Psychology Interjurisdictional Compact, W.S. 33-27-202 are at issue. Information that is deemed to be of sensitive nature shall be inspected by the board in camera and the board shall determine whether or not the information shall become a part of the record and subject to public disclosure.

Wyo. Stat. Ann. § 33-27-124 Requirements for licensure; behavior analysis.

(a) The board shall issue a license as a behavior analyst or an assistant behavior analyst to any applicant who files an application upon a form and in a manner as prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the applicant's competence and of the following which evidence shall comply with rules of the board: (i) For licensure as a behavior analyst, the applicant holds a current certification as a board certified behavior analyst verified by the board with the certifying entity; or (ii) For licensure as an assistant behavior analyst, the applicant holds a current certification as a board certified assistant behavior analyst verified by the board with the certifying entity. (b) A license may be issued to any person who is verified by the board to be currently licensed as a behavior analyst or assistant behavior analyst and in good standing in another jurisdiction that has licensure requirements comparable to and who otherwise meets the requirements of this act. (c) Any person licensed under this section as an assistant behavior analyst may engage in the practice of behavior analysis only under the supervision of a licensed behavior analyst or licensed psychologist in compliance with the requirements of the certifying entity and as provided by rule of the board.

Wyo. Stat. Ann. § 33-27-125 Exemptions; behavior analysis.

(a) The following persons when practicing within the scope of their authority and their education and training may engage in acts included in the definition of the practice of behavior analysis under W.S. 33-27-113(a)(xiii) without being licensed as a behavior analyst or assistant behavior analyst under this act: (i) Any member of another recognized profession who is licensed, certified or regulated under the laws of this state as defined in the rules of the board and is authorized to render services consistent with their professional training and code of ethics, provided that they do not represent themselves to be licensed behavior analysts or licensed assistant behavior analysts; (ii) A psychologist licensed under this act or any person, as prescribed by rule of the board, acting under the psychologist's authority and direction; (iii) A behavior analyst, including an applied animal behaviorist and animal trainer, who practices exclusively with non-humans; (iv) Any person who provides general behavior analysis services to an organization when the services are for the sole benefit of the organization and do not involve providing services directly to any individual person; (v) Any person while teaching behavior analysis or conducting behavior analytics research, provided that the teaching or research do not involve the direct delivery of behavior analysis services beyond the typical parameters of college or university instruction or applied research; (vi) A matriculated college or university student or postdoctoral fellow whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship or fellowship and are supervised by a behavior analyst licensed in this state or by a qualified faculty member as provided by rule of the board; (vii) Any unlicensed person who is pursuing experience in applied behavior analysis consistent with the experience requirements of the certifying entity, provided such experience is supervised in accordance with the requirements of the certifying entity and as provided by rule of the board; (viii) A behavior technician who delivers behavior analysis services under the supervision of a licensed behavior analyst or licensed assistant behavior analyst. A behavior technician shall not represent himself as a licensed behavior analyst or licensed assistant behavior analyst and shall only use titles that communicate his unlicensed status, such as "applied behavior analysis technician," "behavior technician" or "tutor." As used in this paragraph, "behavior technician" means a paraprofessional who practices under the supervision of a licensed behavior analyst or licensed assistant behavior analyst and who delivers services as assigned by the supervisor responsible for the technician's work. The services that may be assigned to a behavior technician shall not include designing assessment or intervention plans or procedures; (ix) A caregiver of a recipient of behavior analysis services who delivers behavior analysis services to the recipient under the authority and direction of a licensed behavior analyst or licensed assistant behavior analyst. The caregiver shall not represent themselves as a licensed behavior analyst or licensed assistant behavior analyst under this paragraph and shall deliver behavior analysis services only to the person who is receiving behavior analysis services from the licensed behavior analyst or licensed assistant behavior analyst who is supervising the caregiver; or (x) Any person providing advice or counsel to a friend or relative in a nonprofessional and noncommercial setting and when no compensation is paid for the advice or counsel that is being provided.

Wyo. Stat. Ann. § 33-27-202 Compact provisions generally.

The Psychology Interjurisdictional Compact is enacted into law and entered into on behalf of this state with all other states legally joining in the Compact in a form substantially as follows: ARTICLE I PURPOSE Whereas, states license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and Whereas, this Compact is intended to regulate the day to day practice of telepsychology (i.e. the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty (30) days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States; and Whereas, this Compact does not apply to permanent in-person, face-to-face practice; however, it does allow for authorization of temporary psychological practice. Consistent with these principles, this Compact is designed to achieve the following purposes and objectives: 1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state where the psychologist is not licensed to practice psychology; 2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety; 3. Encourage the cooperation of Compact States in the areas of psychology licensure and regulation; 4. Facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions and disciplinary history; 5. Promote compliance with the laws governing psychological practice in each Compact State; and 6. Invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses. ARTICLE II DEFINITIONS A. "Adverse Action" means any action taken by a State Psychology Regulatory Authority that finds a violation of a statute or regulation that is identified by the State Psychology Regulatory Authority as discipline and is a matter of public record; B. "Association of State and Provincial Psychology Boards (ASPPB)" means the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities responsible for the licensure and registration of psychologists throughout the United States and Canada; C. "Authority to Practice Interjurisdictional Telepsychology" means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact State; D. "Bylaws" means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X of this Compact for its governance, or for directing and controlling its actions and conduct; E. "Client/Patient" means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision and/or consulting services; F. "Commissioner" means the voting representative appointed by each State Psychology Regulatory Authority pursuant to Article X of this Compact; G. "Compact State" means a state, the District of Columbia or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section C of this Compact or been terminated pursuant to Article XII, Section B of this Compact; H. "Coordinated Licensure Information System", also referred to as "Coordinated Database", means an integrated process for collecting, storing and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities; I. "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons and/or processes; J. "Day" means any part of a day in which psychological work is performed; K. "Distant State" means the Compact State where a psychologist is physically present (not through the use of telecommunications technologies) to provide temporary in-person, face-to-face psychological services; L. "E.Passport" means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines; M. "Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission; N. "Home State" means a Compact State where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one (1) Compact State and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact State where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one (1) Compact State and is practicing under the Temporary Authorization to Practice, the Home State is any Compact State where the psychologist is licensed; O. "Identity History Summary" means a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service; P. "In-Person, Face-to-Face" means interactions in which the psychologist and the client/patient are in the same physical space and that does not include interactions that may occur through the use of telecommunication technologies; Q. "Interjurisdictional Practice Certificate (IPC)" means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily and verification of one's qualifications for such practice; R. "License" means authorization by a State Psychology Regulatory Authority to engage in the independent practice of psychology, which would be unlawful without the authorization; S. "Non-Compact State" means any State which is not at the time a Compact State; T. "Psychologist" means an individual licensed for the independent practice of psychology; U. "Psychology Interjurisdictional Compact Commission", also referred to as "Commission", means the national administration of which all Compact States are members; V. "Receiving State" means a Compact State where the client/patient is physically located when the telepsychological services are delivered; W. "Rule" means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI of this Compact that is of general applicability and that implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the Commission, and that has the force and effect of statutory law in a Compact State, and includes the amendment, repeal or suspension of an existing rule; X. "Significant Investigatory Information" means: 1. Investigative information that a State Psychology Regulatory Authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or 2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond. Y. "State" means a state, commonwealth, territory or possession of the United States or the District of Columbia; Z. "State Psychology Regulatory Authority" means the Board, office or other agency with the legislative mandate to license and regulate the practice of psychology; AA. "Telepsychology" means the provision of psychological services using telecommunication technologies; BB. "Temporary Authorization to Practice" means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another Compact State; CC. "Temporary In-Person, Face-to-Face Practice" means where a psychologist is physically present (not through the use of telecommunications technologies) in the Distant State to provide for psychology services for thirty (30) days within a calendar year and based on notification to the Distant State. ARTICLE III HOME STATE LICENSURE A. The Home State shall be a Compact State where a psychologist is licensed to practice psychology. B. A psychologist may hold one (1) or more Compact State licenses at a time. If the psychologist is licensed in more than one (1) Compact State, the Home State is the Compact State where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact. C. Any Compact State may require a psychologist not previously licensed in a Compact State to obtain and retain a license to be authorized to practice in the Compact State under circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact. D. Any Compact State may require a psychologist to obtain and retain a license to be authorized to practice in a Compact State under circumstances not authorized by Temporary Authorization to Practice under the terms of this Compact. E. A Home State's license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State: 1. Currently requires the psychologist to hold an active E.Passport; 2. Has a mechanism in place for receiving and investigating complaints about licensed persons; 3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; 4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten (10) years after activation of the Compact; and 5. Complies with the Bylaws and Rules of the Commission. F. A Home State's license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact State: 1. Currently requires the psychologist to hold an active Interjurisdictional Practice Certificate; 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals; 3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; 4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten (10) years after activation of the Compact; and 5. Complies with the Bylaws and Rules of the Commission. ARTICLE IV COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY A. Compact States shall recognize the right of a psychologist, licensed in a Compact State in conformance with Article III of this Compact, to practice telepsychology in other Compact States (Receiving States) in which the psychologist is not licensed under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must: 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and 2. Hold a graduate degree in psychology that meets all of the following criteria: a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; b. The psychology program must stand as a recognizable, coherent organizational entity within the institution; c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; d. The program must consist of an integrated, organized sequence of study; e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; f. The designated director of the program must be a psychologist and a member of the core faculty; g. The program must have an identifiable body of students who are matriculated in that program for a degree; h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology; i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) academic year of full-time graduate study for master's degrees; j. The program includes an acceptable residency as defined by the Rules of the Commission. 3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State; 4. Have no history of adverse action that violates the Rules of the Commission; 5. Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission; 6. Possess a current, active E.Passport; 7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and 8. Meet other criteria as defined by the Rules of the Commission. C. The Home State shall maintain authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology. D. A psychologist practicing in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology shall be subject to the Receiving State's scope of practice. A Receiving State may, in accordance with that state's due process law, limit or revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State's applicable law to protect the health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the Commission. E. If a psychologist's license in any Home State, another Compact State or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State is restricted, suspended or otherwise limited, the psychologist's E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a Compact State under the Authority to Practice Interjurisdictional Telepsychology. ARTICLE V COMPACT TEMPORARY AUTHORIZATION TO PRACTICE A. Compact States shall also recognize the right of a psychologist, licensed in a Compact State in conformance with Article III of this Compact, to practice temporarily in other Compact States (Distant States) in which the psychologist is not licensed, as provided in this Compact. B. To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State shall: 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and 2. Hold a graduate degree in psychology that meets the following criteria: a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; b. The psychology program must stand as a recognizable, coherent organizational entity within the institution; c. There must be clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; d. The program must consist of an integrated, organized sequence of study; e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; f. The designated director of the program must be a psychologist and a member of the core faculty; g. The program must have an identifiable body of students who are matriculated in that program for a degree; h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology; i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) academic year of full-time graduate study for master's degrees; j. The program includes an acceptable residency as defined by the Rules of the Commission. 3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State; 4. No history of adverse action that violates the Rules of the Commission; 5. No criminal record history that violates the Rules of the Commission; 6. Possess a current, active Interjurisdictional Practice Certificate; 7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and 8. Meet other criteria as defined by the Rules of the Commission. C. A psychologist practicing in a Distant State under the Temporary Authorization to Practice shall practice within the scope of practice authorized by the Distant State. D. A psychologist practicing in a Distant State under the Temporary Authorization to Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance with that state's due process law, limit or revoke a psychologist's Temporary Authorization to Practice in the Distant State and may take any other necessary actions under the Distant State's applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes action, the state shall promptly notify the Home State and the Commission. E. If a psychologist's license in any Home State or another Compact State or any Temporary Authorization to Practice in any Distant State is restricted, suspended or otherwise limited, the Interjurisdictional Practice Certificate shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact State under the Temporary Authorization to Practice. ARTICLE VI CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE A. A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of the Commission, and under the following circumstances: 1. The psychologist initiates a client/patient contact in a Home State via telecommunications technologies with a client/patient in a Receiving State; 2. Other conditions regarding telepsychology as determined by Rules promulgated by the Commission. ARTICLE VII ADVERSE ACTIONS A. A Home State shall have the power to impose adverse action against a psychologist's license issued by the Home State. A Distant State shall have the power to take adverse action on a psychologist's Temporary Authorization to Practice within that Distant State. B. A Receiving State may take adverse action on a psychologist's Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice. C. If a Home State takes adverse action against a psychologist's license, that psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and the Interjurisdictional Practice Certificate is revoked. 1. All Home State disciplinary orders which constitute adverse action shall be reported to the Commission in accordance with the Rules promulgated by the Commission. A Compact State shall report adverse actions in accordance with the Rules of the Commission; 2. In the event adverse action is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the Rules of the Commission; 3. Other actions may be imposed as determined by the Rules promulgated by the Commission. D. A Home State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a Receiving State as it would if such conduct had occurred by a licensee within the Home State. In such cases, the Home State's law shall control in determining any adverse action against a psychologist's license. E. A Distant State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under Temporary Authorization to Practice which occurred in that Distant State as it would if such conduct had occurred by a licensee within the Home State. In such cases, Distant State's law shall control in determining any adverse action against a psychologist's Temporary Authorization to Practice. F. Nothing in this Compact shall override a Compact State's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the Compact State's law. Compact States shall prohibit psychologists who enter any alternative programs from providing telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or under the Temporary Authorization to Practice in any other Compact State during the term of the alternative program. G. No other judicial or administrative remedies shall be available to a psychologist in the event a Compact State imposes an adverse action pursuant to subsection C above. ARTICLE VIII ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY A. In addition to any other powers granted under state law, a Compact State's Psychology Regulatory Authority shall have the authority under this Compact to: 1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact State's Psychology Regulatory Authority for the attendance and testimony of witnesses and/or the production of evidence from another Compact State shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and 2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice; 3. During the course of any investigation, a psychologist may not change his/her Home State licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State Psychology Regulatory Authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her Home State licensure. The Commission shall promptly notify the new Home State of any such decisions as provided in the Rules of the Commission. All information provided to the Commission or distributed by Compact States concerning the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by Compact States. ARTICLE IX COORDINATED LICENSURE INFORMATION SYSTEM A. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all Compact States as defined by the Rules of the Commission. B. Notwithstanding any other provision of state law to the contrary, a Compact State shall submit a uniform data set to the Coordinated Database on all licensees as required by the Rules of the Commission, including: 1. Identifying information; 2. Licensure data; 3. Significant investigatory information; 4. Adverse actions against a psychologist's license; 5. An indicator that a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is revoked; 6. Non-confidential information related to alternative program participation information; 7. Any denial of application for licensure and the reasons for such denial; and 8. Other information which may facilitate the administration of this Compact, as determined by the Rules of the Commission. C. The Coordinated Database administrator shall promptly notify all Compact States of any adverse action taken against, or significant investigative information on, any licensee in a Compact State. D. Compact States reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the Compact State reporting the information. E. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the Compact State reporting the information shall be removed from the Coordinated Database. ARTICLE X ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION A. The Compact States hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission. 1. The Commission is a body politic and an instrumentality of the Compact States; 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings; 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. B. Membership, Voting and Meetings. 1. The Commission shall consist of one (1) voting representative appointed by each Compact State who shall serve as that state's Commissioner. The State Psychology Regulatory Authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact State. This delegate shall be limited to: a. The Executive Director, Executive Secretary or similar executive; b. Current member of the State Psychology Regulatory Authority of a Compact State; or c. Designee empowered with the appropriate authority to act on behalf of the Compact State. 2. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compact State in which the vacancy exists. 3. Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication. 4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws. 5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI of this Compact. 6. The Commission may convene in a closed, non-public meeting if the Commission must discuss: a. Non-compliance of a Compact State with its obligations under the Compact; b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; c. Current, threatened or reasonably anticipated litigation against the Commission; d. Negotiation of contracts for the purchase or sale of goods, services or real estate; e. Accusation against any person of a crime or formally censuring any person; f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential; g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; h. Disclosure of investigatory records compiled for law enforcement purposes; i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee of the Commission charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or j. Matters specifically exempted from disclosure by federal and state law. 7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction. C. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to: 1. Establishing the fiscal year of the Commission; 2. Providing reasonable standards and procedures: a. For the establishment and meetings of committees; and b. Governing any general or specific delegation of any authority or function of the Commission. 3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance at such meetings of interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed; 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any Compact State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission; 6. Promulgating a Code of Ethics to address permissible and prohibited activities of Commission members and employees; 7. Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations; 8. The Commission shall publish its Bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact States; 9. The Commission shall maintain its financial records in accordance with the Bylaws; and 10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws. D. The Commission shall have the following powers: 1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all Compact States; 2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Psychology Regulatory Authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected; 3. To purchase and maintain insurance and bonds; 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compact State; 5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; 6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest; 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety; 8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed; 9. To establish a budget and make expenditures; 10. To borrow money; 11. To appoint committees, including advisory committees comprised of Members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the Bylaws; 12. To provide and receive information from, and to cooperate with, law enforcement agencies; 13. To adopt and use an official seal; and 14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice. E. The Executive Board. Persons elected pursuant to this paragraph shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact. 1. The Executive Board shall be comprised of six (6) members: a. Five (5) voting members who are elected from the current membership of the Commission by the Commission; b. One (1) ex-officio, nonvoting member from the recognized membership organization that shall be composed of State and Provincial Psychology Regulatory Authorities. 2. The ex-officio member shall have served as staff or member on a State Psychology Regulatory Authority and will be selected by its respective organization. 3. The Commission may remove any member of the Executive Board as provided in Bylaws. 4. The Executive Board shall meet at least annually. 5. The Executive Board shall have the following duties and responsibilities: a. Recommend to the entire Commission changes to the Rules or Bylaws, changes to this Compact legislation, fees paid by Compact States such as annual dues, and any other applicable fees; b. Ensure Compact administration services are appropriately provided, contractual or otherwise; c. Prepare and recommend the budget; d. Maintain financial records on behalf of the Commission; e. Monitor Compact compliance of member states and provide compliance reports to the Commission; f. Establish additional committees as necessary; and g. Other duties as provided in Rules or Bylaws. F. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. 2. The Commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. 3. The Commission may levy on and collect an annual assessment from each Compact State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all Compact States. 4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact States, except by and with the authority of the Compact State. 5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its Bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission. G. Qualified Immunity, Defense and Indemnification 1. The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. 2. The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. ARTICLE XI RULEMAKING A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. B. If a majority of the legislatures of the Compact States rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any Compact State. C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: 1. On the website of the Commission; and 2. On the website of each Compact States' Psychology Regulatory Authority or the publication in which each state would otherwise publish proposed rules. E. The Notice of Proposed Rulemaking shall include: 1. The proposed time, date and location of the meeting in which the rule will be considered and voted upon; 2. The text of the proposed rule or amendment and the reason for the proposed rule; 3. A request for comments on the proposed rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and submit any written comments. F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public. G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: 1. At least twenty-five (25) persons who submit comments independently of each other; 2. A governmental subdivision or agency; or 3. A duly appointed person in an association that has at least twenty-five (25) members. H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time and date of the scheduled public hearing. 1. All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated commissioner in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing. 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. 3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses. 4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. J. The Commission shall, by majority vote of all commissioners, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the emergency rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety or welfare; 2. Prevent a loss of Commission or Compact State funds; 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or 4. Protect public health and safety. M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. ARTICLE XII OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT A. Oversight. 1. The Executive, Legislative and Judicial branches of state government in each Compact State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law. 2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a Compact State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission. 3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules. B. Default, Technical Assistance and Termination. 1. If the Commission determines that a Compact State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: a. Provide written notice to the defaulting state and other Compact States of the nature of the default, the proposed means of remedying the default and/or any other action to be taken by the Commission; and b. Provide remedial training and specific technical assistance regarding the default. 2. If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Compact States, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. 3. Termination of membership in the Compact shall be imposed only after all other reasonable means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state's legislature and each of the Compact States. 4. A Compact State which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination. 5. The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state. 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the state of Georgia or the federal district where the Compact has its principal offices. The prevailing commissioner shall be awarded all costs of such litigation, including reasonable attorney's fees. C. Dispute Resolution. 1. Upon request by a Compact State, the Commission shall attempt to resolve disputes related to the Compact which arise among Compact States and between Compact and Non-Compact States. 2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission. D. Enforcement. 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact. 2. By majority vote of the Commissioners, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a Compact State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing commissioner shall be awarded all costs of such litigation, including reasonable attorney's fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. ARTICLE XIII DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS A. The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact State. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. B. Any state which joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state. C. Any Compact State may withdraw from this Compact by enacting a statute repealing the same. 1. A Compact State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute. 2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Psychology Regulatory Authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. D. Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a Compact State and a Non-Compact State which does not conflict with the provisions of this Compact. E. This Compact may be amended by the Compact States. No amendment to this Compact shall become effective and binding upon any Compact State until it is enacted into the law of all Compact States. ARTICLE XIV CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining Compact States.
Source: Public.Resource.Org WY StatutesURL: https://unicourt.github.io/cic-code-wy/transforms/wy/ocwy/r78/gov.wy.code.title.33.htmlFetched: 6/28/2026

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