The Nurse Practice Act (NPA) of Wyoming is a collection of laws and rules establishing the standards for nursing in the state. The Wyoming NPA also grants the Wyoming State Board of Nursing (referred to going forward simply as “the Board”) with its various powers, authorities, and responsibilities.
One such power the Board has under the Wyoming NPA is the power and authority to discipline the licenses of nurses who violate the law or applicable rules. If you're facing disciplinary action because of such an alleged violation, our Professional License Defense Team at the Lento Law Firm can help.
Our attorneys offer Wyoming nursing license defense services rooted in a thorough understanding of the Wyoming NPA. Find out more about how we may assist with your case by submitting your information via our online contact form or by calling our offices today at 888-535-3686.
The Nurse Practice Act of Wyoming Establishes Reasons the Board May Discipline Nurses
Under the Wyoming NPA, the Board has the authority to discipline nurses by:
- Denying licenses or renewals
- Suspending or revoking licenses
- Limiting or restricting licenses
Those are just common examples. The law provides the Board with the freedom to discipline nurses in a variety of ways depending on numerous factors, such as the nature of the alleged misconduct and a nurse's overall disciplinary history.
The Wyoming NPA states the Board can discipline a nurse for engaging in fraud or deceit in any of the following manners or capacities:
- Procuring or attempting to procure a nursing license or other nursing-related license or certificate
- Filing or reporting health care information, such as client documentation
- When signing any report or record if one is an advanced practice registered nurse (APRN), registered nurse (RN), licensed practical nurse (LPN), or certified nursing assistant (CNA)
- When representing one's authority or qualifications to practice nursing or nurse assisting
- When submitting any information to the Board
The Wyoming NPA also states the Board may take disciplinary action against a nurse's license if they're unfit or incompetent to practice nursing because of negligence, habitual behaviors, or the following reasons/factors:
- A physical or mental disability that prevents a nurse from safely treating patients
- Use of drugs or other such substances in a manner that interferes with a nurse's ability to safely treat the public
- Performing unsafe nursing practices or generally failing to conform to the prevailing standards of accepted and safe nursing practice (regardless of whether a patient sustained an actual injury as a result)
Along with the above, the Board can discipline a nurse for:
- Engaging in any act that, per Board rules and regulations, is inconsistent with the accepted standards of nursing practice
- Being found guilty (or entering a guilty plea, plea of nolo contendere, etc.) in any court of a misdemeanor or felony that adversely relates to the practice of nursing or to one's ability to practice nursing safely
- Engaging in unauthorized possession and/or use of a controlled substance under Wyoming law
- Having had one's nursing license subject to disciplinary action in any other U.S. jurisdiction
- Practicing nursing in Wyoming without a valid license or in any other way that violates licensing laws, such as the Nurse Licensure Compact
- Knowingly and willfully failing to report to the Board any violations of the Wyoming NPA that one has knowledge of
- Being found by the Board to have violated any provisions of the Wyoming NPA or the Board's rules and regulations
- Knowingly performing nursing acts beyond one's scope of practice, or knowingly performing nursing acts one lacks the education, skills, training, etc., for
- Upon receiving a valid request from the Board, failing to properly submit to a mental, physical, or mental competency examination
- Violating a lawful Board order
- Violating the Wyoming law that currently prohibits healthcare providers from providing children with gender transition and reassignment services
The Wyoming NPA states the Board may summarily suspend a nurse's license. This involves suspending a nurse's license without first proving that a violation has occurred. The Board may proceed with summary suspension in cases when it appears that permitting a nurse to continue practicing would represent an unreasonable risk to public safety.
Generally, though, the law requires the Board to follow due process rules and laws when disciplining nurses. This highlights one of the benefits of enlisting the help of our Professional License Defense Team at the Lento Law Firm when you're accused of violating the Wyoming NPA. If it appears the Board or any other individual or entity is violating your due process rights, we'll speak out on your behalf accordingly.
Exempt Nursing Activities Under the Nurse Practice Act of Wyoming
The Wyoming NPA defines exceptions and exemptions for activities the law doesn't prohibit. Specifically, the Wyoming NPA doesn't prohibit:
- A nursing student enrolled in a Board-approved nursing education program practicing nursing in a capacity that's part of their overall program of study
- Rendering assistance in emergency situations
- Incidental health care services provided by family and friends of a patient
- A licensed nurse establishing an independent nursing practice, as long as they plan to operate within the approved scope of practice for the nursing license they hold
- A nurse who's a U.S. government employee practicing nursing in Wyoming when doing so is necessary for discharging their official duties
- A nurse who's licensed to practice in another state practicing in Wyoming, if the nature of their employment requires transporting patients into, out of, or through Wyoming (although they may only practice in Wyoming for up to 48 hours for each individual transport)
- The practice of a nurse licensed in another state when their work in Wyoming involves “presenting educational programs or consultative services” for a total of no more than 14 days per year
- The practice of a nurse or nursing assistant currently licensed in another jurisdiction when their practice in this state involves providing nursing care in an emergency situation or a disaster as declared by the governor
- The practice of a nurse licensed in another state who is practicing in Wyoming under the Nurse Licensure Compact
- The practice of an APRN licensed in another state who is practicing in Wyoming under the Advanced Practice Registered Nurse Compact
It's theoretically possible for the Board or another party to allege wrongdoing in a case when an exemption or exception should apply. We'll consider this when developing a defense strategy for your case.
What the Nurse Practice Act of Wyoming Says About Delegating Nursing Tasks
Depending on the type of nursing license you hold and the overall nature of your role, you may have the authority to delegate certain nursing tasks. The Wyoming NPA establishes rules and standards for delegating properly and safely. They are as follows:
- When making any decision regarding delegating or assigning tasks, a nurse must primarily account for the essential principles regarding the public's health, safety, and welfare. They must also account for the doctrine of client rights to delegate appropriately.
- A licensed nurse may only delegate tasks within their scope of practice and overall area of responsibility.
- A licensed nurse shall have the discretion to delegate tasks. However, the particulars of a given situation must always be accounted for when delegating.
- An RN can delegate certain components of assessment tasks and care tasks. Regardless, they will retain primary responsibility for the overall nursing process.
- A licensed nurse will remain accountable to the client. If they delegate a task, the individual to whom they delegate the work will be responsible for the relevant task.
- Employers can establish their own policies and procedures for delegating nursing functions. While these policies and procedures can't violate the Wyoming NPA or another relevant law, they may be stricter than the law.
- Sometimes, the task a nurse assigns to another is a task that's already within the delegate's approved scope of practice and/or work responsibilities. In these instances, the process is considered “assignment” instead of strict “delegation.” Similarly, when licensed nurses transfer care of patients to each other, instead of being considered delegation, this would be considered “a handoff of care.”
The Wyoming NPA also establishes the general responsibilities of licensed nurses when delegating tasks. They are:
- Directing patient care and determining how to appropriately assign and delegate tasks to support patient care
- Accounting for education, skills, training, and other such relevant factors when determining who to delegate work to
- As necessary, providing direction, guidance, and evaluation for the purposes of assigning or delegating tasks
- Being readily available (even if one is only available via text or other such electronic means) to respond to any needs or issues that may arise as a result of delegating or assigning a nursing task or function
- Maintaining accountability for the nursing measures that one assigns or delegates to another
Being familiar with the above is certainly essential if you're in a position to delegate or assign nursing tasks. However, it's possible you'll be the one to whom nursing tasks are assigned or delegated. You need to be familiar with your responsibilities and duties accordingly.
The responsibilities of someone to whom a nursing task is delegated are:
- Only accepting delegated tasks and responsibilities for which one knows they have the proper training, experience, qualifications, etc.
- Maintaining a proper degree of competency for the nursing task that's been delegated to them
- When one has questions or concerns regarding a delegation, communicate them to the nurse doing the delegating accordingly
- Remaining accountable for performing the delegated responsibility, or contacting the assigning/delegating nurse when necessary
It's easy to imagine scenarios in which the lines may be blurred regarding the responsibilities of nurses delegating tasks and the nurses to whom they delegate said tasks and functions. These are the types of nuances we at the Lento Law Firm Professional License Defense Team may consider when defending a nurse accused of violating the Wyoming NPA.
The Criteria for Delegating Tasks Under the Nurse Practice Act of Wyoming
The Wyoming NPA provides nurses with criteria they can refer to when determining whether to delegate certain nursing tasks or functions. Nurses should account for the following when making delegation decisions:
- The potential delegatee's knowledge, skills, scope of practice, and legal authority
- Whether the employing agency has verified a delegatee's clinical competence
- Whether a patient's condition is stable enough that there are unlikely to be sudden changes to which an unqualified delegatee might have to respond
A nurse must also account for variables in a clinical setting before delegating a task. These variables are:
- The availability of resources and the existence of policies supporting the task being delegated
- The client population and its demands regarding the complexity and frequency of care
- How close the patient is to staff members, should needs arise that a delegatee is unqualified to address
- The qualifications of the staff
- The number of overall staff members
- How accessible a licensed nurse is, should their assistance be required
Some of these criteria are subjective. For example, it can sometimes be difficult to determine with certainty whether the resources or policies necessary to support a task you're delegating are sufficient. You may have delegated a task based on your genuine understanding of the resources or policies needed to support it, only to be accused of violating the Wyoming NPA because an adverse patient outcome occurred that may have resulted from your delegation.
That's just one example. If your license is in jeopardy because you allegedly didn't account for the criteria properly when delegating a nursing function, our Professional License Defense Team at the Lento Law Firm can offer valuable assistance now.
Contact the Lento Law Firm for Help with a Case Involving an Alleged Violation of the Wyoming NPA
The Wyoming NPA is a complex set of laws and statutes. If you're facing disciplinary action against your nursing license because of an alleged violation of the Wyoming NPA, you need assistance from professionals familiar with its complexities.
That's exactly what you'll find at the Lento Law Firm Professional License Defense Team. If you need Wyoming nurse license defense services, or if you need assistance with a similar matter involving the Wyoming NPA, find out more about how we can help by submitting your information online or calling our offices at 888-535-3686.
