Allhusen V. State Mental H. Pro. Lic. Bd‪.‬

At issue in this case is the state constitutionality of the licensure provisions, *fn1 the prerequisites to licensure, *fn2 and the licensure exemptions *fn3 set forth in the Mental Health Professions Practice Act (MHPPA). *fn4 The issue arises primarily under the equal protection and uniform operation of the laws requirements found in the Constitution of the State of Wyoming. It occurs in the context of the licensure of mental health professionals and disparate treatment of unlicensed counselors employed by private, for-profit institutions and unlicensed counselors employed in public institutions, public and private educational institutions, including students, interns or trainees pursuing a course of study in the regulated professions in an accredited institution, and miscellaneous others. Reliance is placed by the parties upon various other state constitutional provisions. We hold the statutory provisions violate the constitutional mandate for equal protection of the laws, and the numerous other claims are subsumed by the equal protection analysis. While it did certify to this court the constitutional questions, the trial court articulated its conclusion that the provisions at issue are unconstitutional and issued a Temporary Restraining Order and Preliminary Injunction inhibiting the enforcement of the provisions. We agree with the conclusion of the trial court, although on more limited grounds, and in response to the Order Certifying Questions to the Supreme Court, we hold the statutory scheme is unconstitutional.