2025
STATE OF WYOMING
25LSO-03911HB0241
HOUSE BILL NO. HB0241
Telehealth Freedom Act.
Sponsored by: Representative(s) Smith, S and Kelly and
Senator(s) Pearson
A BILL
for
1 AN ACT relating to professions and occupations; authorizing
2 health care providers to provide telehealth services to
3 persons in Wyoming without a Wyoming license; providing
4 requirements; requiring rulemaking; making conforming
5 amendments; and providing for effective dates.
6
7
8
9. W.S. 33-1-121 is created to read:
10
11
12
13
14 (a) A health care provider, as defined in W.S.
15 26-55-102(a)(xii), with a valid, unencumbered license and 2025STATE OF WYOMING25LSO-03912HB0241
1 who is in good standing to practice in any other state,
2 United States territory or the District of Columbia shall
3 be permitted to conduct telehealth services with persons
4 who are physically present in Wyoming when telehealth
5 services are rendered without first obtaining a license
6 under this title. In addition:
7
8 (i) The health care provider who is not licensed
9 in Wyoming shall be physically present outside Wyoming in
10 order to conduct telehealth services under this section;
11
12 (ii) The appropriate licensing board shall be
13 notified before the health care provider begins providing
14 telehealth services under this section unless a patient has
15 an established relationship with the health care provider;
16
17 (iii) As used in this section, "telehealth"
18 means the practice of medicine by electronic communication
19 or other means from a health care provider in one (1)
20 location to a patient in another location.
21
22W.S. 33-9-103, 33-10-105(a), 33-15-108(a)
23 and (h), 33-15-114(a) by creating a new paragraph (xiii), 2025STATE OF WYOMING25LSO-03913HB0241
1 33-21-120(a)(i)(D), 33-21-145(a)(i), 33-21-151(a)(i) and
2 (iii), 33-23-101(a)(iv), 33-23-103(a), 33-25-101(a)(i),
3 (ii) and (vi), 33-25-102(a)(intro) and (f) by creating a
4 new paragraph (viii), 33-25-116(a)(i) and (iii),
5 33-26-301(a), 33-26-410(a), 33-26-504(a), 33-27-113(a)(xi)
6 and (xii), 33-27-114 by creating a new subsection (j),
7 33-27-119(b), 33-33-103(b), 33-33-202(b), 33-38-102(a)(x)
8 through (xii) and (xvi), 33-38-103 by creating a new
9 subsection (g), 33-40-102(a)(ii) and (iv), 33-40-103(a),
10 33-40-115(b) and (d)(ii), 33-46-105(a), 33-49-102(a)(iii),
11 33-49-106(a)(x) and 33-49-107(a)(intro) and (e) are amended
12 to read:
13
14
15
16 It is unlawful for a person to profess to be a podiatrist,
17 to practice or assume the duties incident to podiatry or to
18 advertise in any form or hold himself out to the public as
19 a podiatrist, or in a sign or advertisement to use the word
20 "podiatrist", "foot correctionist", "foot expert", "foot
21 specialist", "chiropodist" or any other term or designation
22 indicating to the public that he is holding himself out as
23 a podiatrist or foot correctionist in any manner, without 2025STATE OF WYOMING25LSO-03914HB0241
1 first obtaining from the board a license authorizing the
2 practice of podiatry in this state under this act
3.
4
5
6
7 (a) It shall be unlawful for any person to practice
8 chiropractic in this state without first obtaining a
9 license, as provided for in this act, or as provided by
10.
11
12
13
14
15 (a) Except as provided by W.S. 33-1-121, any person
16 who has a background that does not evidence conduct adverse
17 to the practice of dentistry or to the ability to practice
18 dentistry, who has graduated and attained the degree of
19 doctor of dental surgery or doctor of dental medicine from
20 a college or university in the United States or Canada
21 accredited by the commission on dental accreditation of the
22 American Dental Association, may apply to the board to have
23 the applicant's qualifications considered for licensure to 2025STATE OF WYOMING25LSO-03915HB0241
1 practice dentistry. The applicant shall pass a written,
2 clinical and state examination that follows national
3 standards as determined by rule of the board.
4
5 (h) The board may make and prescribe rules and
6 regulations for the licensure and practice of dentistry in
7 the state of Wyoming,
8 not
9 inconsistent with this act. For purposes of this
10 subsection, "practice of dentistry" includes the work of
11 dental hygienists, dental auxiliaries, dental technicians
12 and dental laboratories.
13
14
15
16
17 (a) Except as provided by paragraph (xii) of this
18 subsection, any person is deemed to be practicing dentistry
19 within the meaning of this act:
20
21
22
23 2025STATE OF WYOMING25LSO-03916HB02411
2
3 (a) As used in this act:
4
5 (i) "Advanced practice registered nurse (APRN)"
6 means a nurse who:
7
8 (D) Has completed an advanced program of
9 study in a specialty area in an accredited nursing program,
10 has taken and passed a national certification examination
11 in the same area and has been granted licensure by the
12 board to practice as an APRN
13.
14
15
16
17 (a) No person shall:
18
19 (i) Engage in the practice of nursing or nurse
20 assisting as defined in this act without a valid, current
21 license, certificate or temporary permit, except as
22 otherwise permitted under this act or 2025STATE OF WYOMING25LSO-03917HB0241
1 the Nurse Licensure Compact or the Advanced Practice
2 Registered Nurse Compact;
3
4
5
6 (a) The board may petition in its own name for an
7 injunction to a proper court of competent jurisdiction to
8 enjoin:
9
10 (i) Any person from practicing nursing or nurse
11 assisting, within the meaning of this act
12, without a valid license, certificate or temporary
13 permit, unless so exempted under W.S. 33-21-154;
14
15 (iii) Any person, firm, corporation, institution
16 or association from employing any individual to practice
17 nursing or nurse assisting who is not licensed or certified
18 under this act
19 or exempted under W.S. 33-21-154.
20
21
22
23 2025STATE OF WYOMING25LSO-03918HB02411 (a) As used in this act:
2
3 (iv) "Optometrist" or "doctor of optometry"
4 means a person licensed by the board under this act
5;
6
7
8
9 (a) It is unlawful for any person in the state of
10 Wyoming to practice or attempt to practice optometry or to
11 advertise, or hold himself out as qualified to fit or
12 adjust any lenses or lens in any manner or form as an aid
13 to human eyesight, without first obtaining a license to
14 practice optometry
15.
16
17
18
19 (a) As used in this act:
20
21 (i) "Physical therapy" or "physiotherapy" means
22 the care and services provided by or under the direction
23 and supervision of a physical therapist or physiotherapist 2025STATE OF WYOMING25LSO-03919HB0241
1 who is licensed pursuant to this act
2. The practice of
3 physical therapy includes:
4
5 (ii) "Physical therapist" or "physiotherapist"
6 means a person who is licensed to practice physical therapy
7 pursuant to this act
8;
9
10 (vi) "Physical therapy services" means the care
11 and services provided by a licensed physical therapist or a
12 certified physical therapist assistant pursuant to this act
13;
14
15
16
17
18 (a) No individual shall engage in the practice of
19 physical therapy services nor hold himself out as being
20 able to practice physical therapy in the state of Wyoming
21 unless he is licensed
22 or certified in accordance with the provisions of this act
23 and such license or certificate is in good standing and has 2025STATE OF WYOMING25LSO-039110HB0241
1 not been suspended or revoked, except nothing in this act
2 shall:
3
4 (f) The following persons are exempt from the
5 licensure and certification requirements of this act:
6
7
8
9
10
11 (a) The board may petition in its own name for an
12 injunction to an appropriate court to enjoin:
13
14 (i) Any person violating W.S. 33-25-102(a),
15 unless specifically exempt from licensure or certification
16 pursuant to W.S. 33-25-102(f)
17;
18
19 (iii) Any person, firm, corporation,
20 institution, association, business or other entity from
21 employing any individual to practice physical therapy who
22 is not licensed or certified as required by this act
23. 2025STATE OF WYOMING25LSO-039111HB0241
1
2
3
4 (a) No person shall practice medicine in this state
5 without a license granted by the board,
6 or as otherwise provided by law.
7
8
9
10 (a) Any person engaged in the practice of medicine or
11 aiding and abetting another in the practice of medicine
12 without a license granted by the board
13 is guilty of a
14 misdemeanor and upon conviction shall be punished by a fine
15 of not more than one thousand dollars ($1,000.00) or by
16 imprisonment in the county jail for not more than one (1)
17 year, or both. Each violation constitutes a separate
18 offense for which the penalty in this subsection may be
19 assessed.
20
21
22
23 2025STATE OF WYOMING25LSO-039112HB02411
2 (a) o person
3 shall practice as a physician assistant or represent
4 oneself as a physician assistant without a license granted
5 by the board.
6
7
8
9 (a) As used in this act:
10
11 (xi) "Licensed assistant behavior analyst" means
12 a person licensed under this act for the practice of
13 behavior analysis and who is supervised in accordance with
14 W.S. 33-27-124(c)
15;
16
17 (xii) "Licensed behavior analyst" means a person
18 licensed under this act for the practice of behavior
19 analysis
20;
21
22
23 2025STATE OF WYOMING25LSO-039113HB02411
2
3
4
5
6
7 (b) Unless exempt under W.S. 33-27-114 or
8 33-27-125, any person who represents himself as a
9 psychologist and who engages in the practice of psychology
10 or represents himself as a behavior analyst or assistant
11 behavior analyst and who engages in the practice of
12 behavior analysis in violation of this act, is guilty of a
13 misdemeanor punishable by a fine of not more than seven
14 hundred fifty dollars ($750.00), imprisonment for not more
15 than six (6) months, or both. Each violation shall
16 constitute a separate offense.
17
18
19
20 (b) No person shall practice or represent himself as
21 a speech-language pathologist or audiologist unless
22 licensed pursuant to this act
23. 2025STATE OF WYOMING25LSO-039114HB02411
2
3
4 (b) The board shall adopt rules and regulations to
5 implement and enforce the provisions of this act
6.
7
8
9
10 (a) As used in this act:
11
12 (x) Certified addictions practitioner (CAP)
13 means a person certified under this act to practice
14 addictions treatment, prevention, intervention, diagnosis,
15 referral and follow up under the supervision of a qualified
16 clinical supervisor licensed in the state of Wyoming
17;
18
19 (xi) Certified social worker (CSW) means a
20 person certified under this act to perform social work
21 treatment, prevention, intervention, case management,
22 referral and follow up with individuals diagnosed with
23 mental illnesses or mental disorders under the supervision 2025STATE OF WYOMING25LSO-039115HB0241
1 of a qualified clinical supervisor licensed in the state of
2 Wyoming
3;
4
5 (xii) Certified mental health worker (CMHW)
6 means a person certified under this act to perform the
7 application of human services or psychological theory and
8 methods to the assessment, treatment or prevention of
9 psychosocial dysfunction, disability or impairment,
10 including emotional or mental disorders, under the
11 supervision of a qualified clinical supervisor licensed in
12 the state of Wyoming
13. The practice of a CMHW shall
14 not include assigning a diagnosis or acting as a primary
15 treatment provider;
16
17 (xvi) "Certified addictions practitioner
18 assistant" means a person certified under this act to
19 assist in the practice of addictions treatment, prevention,
20 intervention, referral and followup under the supervision
21 of a qualified clinical supervisor licensed in the state of
22 Wyoming
23; 2025STATE OF WYOMING25LSO-039116HB02411
2
3
4
5
6
7
8
9 (a) As used in this act:
10
11 (ii) "Occupational therapy assistant" or "OTA"
12 means a person licensed under this act to assist in the
13 practice of occupational therapy and who works under the
14 supervision of an occupational therapist to perform tasks
15 requiring occupational therapy professional knowledge or
16 judgment
17;
18
19 (iv) "Occupational therapist" means a person
20 licensed to practice occupational therapy under this act
21;
22
23 2025STATE OF WYOMING25LSO-039117HB02411
2 (a) No person shall hold himself out as an
3 occupational therapist, an occupational therapy assistant
4 or as being able to practice occupational therapy in
5 Wyoming unless he is licensed under this act
6 or is otherwise
7 authorized under the Occupational Therapy Licensure Compact
8 under W.S. 33-40-202 through 33-40-216. An unlicensed
9 person holding himself out as an occupational therapist or
10 occupational therapist assistant by using additional or
11 modifying words in his title, printed materials,
12 advertisements or otherwise shall be deemed to be holding
13 himself out as an occupational therapist or occupational
14 therapist assistant.
15
16
17
18
19 (b) The board shall establish rules and regulations
20 according to the Wyoming Administrative Procedure Act to
21 carry out the purpose of this act ,
22 including establishing rules for professional conduct, for
23 professional licensure and to establish ethical standards 2025STATE OF WYOMING25LSO-039118HB0241
1 of practice for persons licensed to practice occupational
2 therapy in Wyoming.
3
4 (d) The board may, with the approval and assistance
5 of the attorney general, petition the district court in the
6 name of the state of Wyoming to enjoin:
7
8 (ii) Any person or other entity from advertising
9 or claiming to provide occupational therapy services in
10 this state when the services are not or will not be
11 provided by a person licensed under this act, providing
12 or is otherwise
13 authorized under the Occupational Therapy Licensure Compact
14 under W.S. 33-40-202 through 33-40-216.
15
16
17
18 (a) Unless licensed pursuant to this act
19, no person shall practice
20 midwifery or hold himself out to be a midwife, a licensed
21 midwife or a certified professional midwife except that a
22 certified nurse midwife may hold himself out to be a
23 midwife. 2025STATE OF WYOMING25LSO-039119HB02411
2
3
4 (a) As used in this chapter:
5
6 (iii) "Acupuncturist" means any person to whom a
7 license to practice acupuncture in this state has been
8 issued under this chapter
9;
10
11
12
13 (a) The board shall:
14
15 (x) Promulgate rules and regulations as
16 necessary to carry out this chapter or W.S. 33-1-121.
17
18
19
20
21 (a) Beginning January 1, 2018, unless the person is
22 licensed to practice acupuncture in compliance with this
23 chapter, is providing telehealth services under W.S. 2025STATE OF WYOMING25LSO-039120HB0241
1 and the rules and regulations adopted pursuant
2 thereto, no person shall:
3
4 (e) Nothing in this chapter shall be construed to
5 prohibit or restrict any other licensed health care
6 provider in this state from practicing acupuncture within
7 their statutory scope of practice. However, no person may
8 represent themselves as an acupuncturist in any manner
9 unless licensed in accordance with this chapter
10.
11
12The state board of nursing, the state
13 board of medicine, the state board of psychology, the state
14 board of registration in podiatry, the board of
15 chiropractic examiners, the board of physical therapy, the
16 mental health professionals licensing board, the board of
17 examiners for speech-language pathology and audiology, the
18 board of dental examiners, the board of examiners of
19 optometry, the board of occupational therapy, the board of
20 acupuncture and the board of midwifery shall promulgate all
21 rules necessary to implement this act.
22 2025STATE OF WYOMING25LSO-039121HB02411
2
3 (a) Except as provided in subsection (b) of this
4 section, this act is effective July 1, 2025.
5
6 (b) Sections 3 and 4 of this act are effective
7 immediately upon completion of all acts necessary for a
8 bill to become law as provided by Article 4, Section 8 of
9 the Wyoming Constitution.
10
11 (END)