26 V.S.A. § 2860 — VT Code / Title 26 / Chapter 52 / Section 2860
§ 2860. Use of title
Status: in_force

Any person who is certified to practice as a radiologist assistant in this State shall have the right to use the title “radiologist assistant” or “registered radiologist assistant” and the abbreviation “R.A.” or “R.R.A.” No other person may assume that title or use that abbreviation or any other words, letters, signs, or devices to indicate that the person using them is a radiologist assistant. A radiologist assistant shall not so represent himself or herself unless there is currently in existence a valid employment arrangement between the radiologist assistant and his or her employer or primary supervising radiologist and unless the protocol under which the radiologist assistant's duties are delegated is on file with and has been approved by the Board.
26 V.S.A. § 3368 — VT Code / Title 26 / Chapter 71 / Section 3368
§ 3368. State participation in the Compact
Status: in_force

(a) To participate in the Compact, a member state shall:

(1) License occupational therapists and occupational therapy assistants.

(2) Participate fully in the Commission's data system, including but not limited to using the Commission's unique identifier as defined in rules of the Commission.

(3) Have a mechanism in place for receiving and investigating complaints about licensees.

(4) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee.

(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.

(A) A member state shall, within a time frame established by the Commission, require a criminal background check for a licensee seeking/applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions.

(B) Communication between a member state, the Commission, and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.

(6) Comply with the rules of the Commission.

(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the Commission.

(8) Have continuing competence/education requirements as a condition for license renewal.

(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

(c) Member states may charge a fee for granting a compact privilege.

(d) A member state shall provide for the state's delegate to attend all Occupational Therapy Compact Commission meetings.

(e) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.

(f) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.
26 V.S.A. § 4603 — VT Code / Title 26 / Chapter 89 / Section 4603
§ 4603. Prohibition; penalty
Status: in_force

(a) No person shall use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a licensed auctioneer unless the person is licensed in accordance with this chapter.

(b) No person shall provide services as an auctioneer as defined by this chapter unless the person is licensed in accordance with this chapter.

(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 3217 — VT Code / Title 26 / Chapter 61 / Section 3217
§ 3217. State participation in the Compact
Status: in_force

(a) To be eligible to participate in the Compact, a potential member state must currently meet all of the following criteria:

(1) license and regulate the practice of social work at either the clinical, master's, or bachelor's category;

(2) require applicants for licensure to graduate from a program that is:

(A) operated by a college or university recognized by the licensing authority;

(B) accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either:

(i) the Council for Higher Education Accreditation, or its successor; or

(ii) the U.S. Department of Education; and

(C) corresponds to the licensure sought as outlined in section 3218 of this title;

(3) require applicants for clinical licensure to complete a period of supervised practice;

(4) have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

(b) To maintain membership in the Compact, a member state shall:

(1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in section 3218 of this title.

(2) Participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules.

(3) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee.

(4) Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.

(5) Comply with the rules of the Commission.

(6) Require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws.

(7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the Compact and rules of the Commission.

(8) Designate a delegate to participate in the Commission meetings.

(c) A member state meeting the requirements of subsections (a) and (b) of this section shall designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the Compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of section 3218 of this title for issuance of a multistate license in such category or categories of licensure.

(d) The home state may charge a fee for granting the multistate license.
26 V.S.A. § 5025 — VT Code / Title 26 / Chapter 97 / Section 5025
§ 5025. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b).
26 V.S.A. § 3212a — VT Code / Title 26 / Chapter 61 / Section 3212a
§ 3212a. Exceptions
Status: in_force

(a) This chapter shall not apply to a person engaged or acting:

(1) in the discharge of his or her duties as a student of clinical social work or preparing for the practice of clinical social work provided that the person's title indicates his or her training status and that the preparation occurs under the supervision of a licensed practicing clinical social worker in recognized training institutions or facilities or in a training program approved by the Office of Professional Regulation;

(2) in clinical training for licensure as a psychologist or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person's title indicates his or her training status and that the person does not identify him or herself as a clinical social worker.

(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed as a clinical social worker under this chapter.
26 V.S.A. § 1212 — VT Code / Title 26 / Chapter 21 / Section 1212
§ 1212. Advisor appointees; Director duties; rules
Status: repealed

(a)(1) The Secretary of State shall appoint four persons for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to funeral service. Three of the initial appointments shall be for four-, three-, and two-year terms. Appointees shall include three licensed funeral directors, one of whom is a licensed embalmer and one of whom has training or experience in the operation of a disposition facility. One appointee shall be a public member.

(2) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.

(b) The Director shall:

(1) adopt rules establishing requirements for facilities used for embalming and preparation of dead human bodies, including the use of universal precautions. Rules adopted under this subdivision shall be submitted to the Commissioner of Health before the proposed rule is filed with the Secretary of State under 3 V.S.A. chapter 25;

(2) adopt rules governing professional standards, standards for disclosure of prices, and a description of the goods and services that will be provided for those prices not inconsistent with Federal Trade Commission regulations regarding funeral industry practices and unfair or deceptive business practices;

(3) provide general information to applicants for licensure;

(4) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(5) issue licenses to qualified applicants under this chapter; and

(6) adopt rules regarding:

(A) minimum standards for disposition facilities, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment and maintenance, dealing with the public, and other measures necessary to protect the public; and

(B) the transaction of business as the Director deems necessary.

(7) [Repealed.]

(8) [Repealed.]
26 V.S.A. § 2625 — VT Code / Title 26 / Chapter 46 / Section 2625
§ 2625. Licensure; generally
Status: in_force

The Director shall issue a license, upon payment of the fees required in this chapter, to an applicant who has satisfactorily met all the requirements of this chapter.
26 V.S.A. § 5508 — VT Code / Title 26 / Chapter 106 / Section 5508
§ 5508. Eligibility
Status: in_force

To be eligible for registration, the Director of Professional Regulation shall find that the applicant is in compliance with the provisions of this chapter and applicable State law and has satisfied any judgment order related to the provision of professional services to a homeowner.
26 V.S.A. § 1367 — VT Code / Title 26 / Chapter 23 / Section 1367
§ 1367. Appeals from Board orders
Status: in_force

A party aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.
26 V.S.A. § 4927 — VT Code / Title 26 / Chapter 95 / Section 4927
§ 4927. Applications
Status: in_force

The Director shall promulgate applications for licensure and license renewal. Each application shall contain a statement under oath showing the applicant's education, experience, and other pertinent information and shall be accompanied by the required fee.
26 V.S.A. § 5321 — VT Code / Title 26 / Chapter 103 / Section 5321
§ 5321. Secretary of State's Office duties
Status: in_force

The Office shall:

(1) provide general information to applicants for commissioning as a notary public;

(2) administer fees as provided under section 5324 of this chapter;

(3) explain appeal procedures to notaries public and applicants and explain complaint procedures to the public; and

(4) receive applications for commissioning, review applications, and grant and renew commissions when appropriate under this chapter.
26 V.S.A. § 3031 — VT Code / Title 26 / Chapter 55 / Section 3031
§ 3031. Establishment of the Psychology Interjurisdictional Compact Commission
Status: in_force

(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 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) a current member of the state psychology regulatory authority of a Compact state; or

(C) a designee empowered with the appropriate delegate 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 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 section 3032 of this title.

(6) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

(A) noncompliance of a Compact state with its obligations under the Compact;

(B) 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 that 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 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 statute.

(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 therefor, 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 or rules, or both, 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 other 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 of such meetings by 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 or reserving, or both, 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 or of 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 composed 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. The elected officers 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 composed of six members:

(A) five voting members who are elected from the current membership of the Commission by the Commission; and

(B) one ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

(2) The ex-officio member must 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 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 the person's 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.
26 V.S.A. § 3384 — VT Code / Title 26 / Chapter 73 / Section 3384
§ 3384. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two certified dietitians to serve as advisors in matters relating to dietitians. The advisors shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term. Appointees shall not have less than three years' experience as a dietitian immediately preceding appointment and shall be actively engaged in the practice of dietetics in Vermont during incumbency.

(b) The Director shall seek the advice of the dietitian advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 5411 — VT Code / Title 26 / Chapter 105 / Section 5411
§ 5411. Duties of the Director
Status: in_force

(a) Generally. The Director shall:

(1) provide general information to applicants for registration as a massage therapist, bodyworker, or touch professional;

(2) receive applications for registration and provide registrations to applicants qualified under this chapter;

(3) administer fees as established by law;

(4) refer all disciplinary matters to an administrative law officer;

(5) explain appeal procedures to applicants and registrants; and

(6) explain complaint procedures to the public.

(b) Rules.

(1) The Director shall adopt rules requiring a massage therapist, bodyworker, or touch professional to disclose to each new client before the first treatment the following information:

(A) the professional qualifications and experience of the registrant;

(B) actions that constitute unprofessional conduct;

(C) the method for filing a complaint against a registrant; and

(D) the method for making a consumer inquiry with the Office.

(2) The Director shall adopt rules regarding the display of:

(A) the registrations of employed or contracted massage therapists, bodyworkers, or touch professionals at an establishment; and

(B) information regarding unprofessional conduct and filing complaints with the Office.

(3) The rules described in this subsection shall include provisions relating to the manner in which the information disclosed shall be distributed or displayed and a requirement that a massage therapist, bodyworker, or touch professional and his or her client sign an acknowledgement that the information was disclosed.

(4) The Director may adopt other rules as necessary to perform his or her duties under this chapter.
26 V.S.A. § 6043 — VT Code / Title 26 / Chapter 109 / Section 6043
§ 6043. Injunction
Status: in_force

The Director may, in addition to other remedies available under law, bring an action in a court of this State to enjoin a person from continuing any violation of this subchapter or doing any acts in furtherance thereof and for any other relief that the court deems appropriate.
26 V.S.A. § 4605 — VT Code / Title 26 / Chapter 89 / Section 4605
§ 4605. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two licensed auctioneers for five-year terms to serve as advisors in matters relating to auctioneers. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an auctioneer immediately preceding appointment, and shall be actively engaged in practice as an auctioneer in Vermont during incumbency.

(b) The Director shall seek the advice of the auctioneer advisors in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 2613 — VT Code / Title 26 / Chapter 46 / Section 2613
§ 2613. Exemptions
Status: in_force

(a) This chapter shall not affect or prevent:

(1) the practice of architecture, land surveying, engineering, or other licensed profession by persons not licensed under this chapter;

(2) drafters, clerks, project managers, superintendents, students, and other employees or interns from acting under the instructions, control, or supervision of their employers;

(3) the construction, alteration, or supervision of sites by contractors or superintendents employed by contractors or the preparation of shop drawings in connection with the construction, alteration, or supervision;

(4) owners or contractors from engaging persons who are not landscape architects to observe and supervise site construction of a project;

(5) the preparation of construction documents showing plantings, other horticulture-related elements, or landscape materials unrelated to horticulture;

(6) individuals from making plans, drawings, or specifications for any property owned by them and for their own personal use;

(7) the design of irrigation systems; or

(8) officers or employees of the federal government from working in connection with their employment.

(b) This section shall not be construed to permit a person not licensed as provided in this chapter to use the title landscape architect or any title, sign, card, or device to indicate that the person is a landscape architect.

(c) This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another profession or occupation from carrying on in the usual manner any of the functions of that profession or occupation as their experience, education, and training allow them to practice, including the professions of landscape design, garden design, planning, forestry, and forestry management.
26 V.S.A. § 3265 — VT Code / Title 26 / Chapter 65 / Section 3265
§ 3265. Eligibility
Status: in_force

To be eligible for licensure as a clinical mental health counselor an applicant shall have:

(1) Received a master's degree or higher degree in counseling or a related field, from an accredited educational institution, after having successfully completed a course of study requiring a minimum number of graduate credit hours established by the Board by rule and a supervised practicum, internship, or field experience, as defined by the Board by rule, in a mental health counseling setting.

(2) Documented a minimum of 3,000 hours of supervised work in clinical mental health counseling during a minimum of two years of post-master's experience, including at least 100 hours of face-to-face supervision during a minimum of two years of post-master's experience. Persons engaged in supervised work shall be registered on the roster of nonlicensed, noncertified psychotherapists and shall comply with the laws applicable to registrants.

(3) Passed the examinations required by Board rules.
26 V.S.A. § 3275 — VT Code / Title 26 / Chapter 65 / Section 3275
§ 3275. Counseling Compact; adoption
Status: in_force

This subchapter is the Vermont adoption of the Counseling Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Counseling Compact that is enacted by other Compact party states.
26 V.S.A. § 3373 — VT Code / Title 26 / Chapter 71 / Section 3373
§ 3373. Establishment of the occupational therapy Compact commission
Status: in_force

(a) The Compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission:

(1) The Commission is 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) Each member state shall have and be limited to one delegate selected by that member state's licensing board.

(2) The delegate shall be either:

(A) a current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or

(B) an administrator of the licensing board.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state board shall fill any vacancy occurring in the Commission within 90 days.

(5) Each delegate shall be entitled to one 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 delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

(6) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(7) The Commission shall establish by rule a term of office for delegates.

(c) The Commission shall have the following powers and duties:

(1) Establish a Code of Ethics for the Commission.

(2) Establish the fiscal year of the Commission.

(3) Establish bylaws.

(4) Maintain its financial records in accordance with the bylaws.

(5) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states.

(7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected.

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest.

(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.

(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(14) Establish a budget and make expenditures.

(15) Borrow money.

(16) Appoint committees, including standing committees composed 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.

(17) Provide and receive information from, and cooperate with, law enforcement agencies.

(18) Establish and elect the Executive Committee.

(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of Occupational Therapy licensure and practice.

(d) The Executive Committee. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.

(1) The Executive Committee shall be composed of nine members:

(A) seven voting members who are elected by the Commission from the current membership of the Commission;

(B) one ex-officio, nonvoting member from a recognized national Occupational Therapy professional association; and

(C) one ex-officio, nonvoting member from a recognized national Occupational Therapy certification organization.

(2) The ex-officio members will be selected by their respective organizations.

(3) The Commission may remove any member of the Executive Committee as provided in bylaws.

(4) The Executive Committee shall meet at least annually.

(5) The Executive Committee 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 member states such as annual dues, and any Commission Compact fee charged to licensees for the compact privilege;

(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) perform other duties as provided in rules or bylaws.

(e) Meetings of the Commission.

(1) 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 section 3375 of this title.

(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

(A) noncompliance of a member state with its obligations under the Compact;

(B) the employment, compensation, discipline, or other 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;

(D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(E) accusing any person of a crime or formally censuring any person;

(F) disclosure of trade secrets or commercial or financial information that 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 investigative records compiled for law enforcement purposes;

(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

(J) matters specifically exempted from disclosure by federal or member state statute.

(3) 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.

(4) 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, 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 by a majority vote of the Commission or order of a court of competent jurisdiction.

(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 member 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 by the Commission 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 member 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 member states, except by and with the authority of the member 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 subdivision 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 the person's 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.
26 V.S.A. § 4054 — VT Code / Title 26 / Chapter 77 / Section 4054
§ 4054. Director of the Office of Professional Regulation; duties
Status: in_force

(a) The Director shall:

(1) Provide general information to applicants for certification as psychoanalysts.

(2) Administer fees collected under this chapter.

(3) Explain appeal procedures to psychoanalysts and applicants and complaint procedures to the public.

(4) Receive applications for certification of applicants under this chapter, renew certification, and revoke, suspend, reinstate, or condition certification as ordered by an administrative law officer.

(5) Refer all disciplinary matters to an administrative law officer.

(b) The Director of the Office of Professional Regulation, with the advice of the advisor appointees established under section 4055 of this title, may adopt rules under 3 V.S.A. chapter 25 that are necessary to perform the duties provided under this chapter.
26 V.S.A. § 5425 — VT Code / Title 26 / Chapter 105 / Section 5425
§ 5425. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b).
26 V.S.A. § 905 — VT Code / Title 26 / Chapter 15 / Section 905
§ 905. Application; examinations, education, and fees
Status: in_force

(a)(1) Each applicant for a license shall submit to the Board, on forms furnished by it, a written application containing such relevant information as the Board may require, accompanied by the required examination fee.

(2) The examination fee shall be established by the Board but shall be no greater than the cost associated with administering the examination. Notwithstanding 32 V.S.A. § 502(a), if the examination is conducted by an outside testing service, the required examination fee may be paid directly to the testing service.

(b) Examinations shall be conducted in writing and shall include a practical skills examination. The examination shall cover theoretical and practical aspects of electrical work, together with pertinent laws and rules. In addition, the master electrician's examination shall contain questions on the installation of lightning rods, fire alarms, and fire detection systems.

(c) An applicant who fails the examination may, upon payment of the required fee, retake the examination.

(d)(1) Three-year electrical license fees shall be:

(2) The fee for a certificate for framing shall be: $ 10.00.

(e) If a license is allowed to lapse, it may be renewed within one year of its expiration date by the payment of $25.00 in addition to the renewal fee.

(f) The fee for replacement of a lost or damaged license shall be: $20.00.

(g) Pursuant to qualifications and procedures determined by the Commissioner, the Board shall, upon request, waive application fees for qualified military members and military spouses.

(1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and license renewal. The module shall include education on any State or utility incentives relevant to the profession.

(A) The education module for initial licensure shall provide general information regarding the State's energy goals.

(B) The education module for license renewal shall provide any updates on the State's energy goals and any updates regarding corresponding State energy programs applicable to the profession.

(2) The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service.

(h) In addition to other education requirements of this subchapter, the Commissioner shall require each applicant to complete an education module regarding the State's energy goals and how the electrician profession can further those goals.
26 V.S.A. § 1611a — VT Code / Title 26 / Chapter 28 / Section 1611a
§ 1611a. Fee waiver; pro bono practice
Status: in_force

(a) An advanced practice registered nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, who certifies to the Board that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic, and who meets the requirements for licensure shall be licensed by the Board without payment of the licensing application fee.

(b) A license granted under this section shall authorize the licensee to practice advanced practice registered nursing on a voluntary basis in Vermont.
26 V.S.A. § 4608 — VT Code / Title 26 / Chapter 89 / Section 4608
§ 4608. Claims
Status: in_force

Final settlement of accounts between consignors of auctioned goods and any auctioneer licensed under this chapter shall be made within 30 days of the auction sale from which the consignment was made.
26 V.S.A. § 1752 — VT Code / Title 26 / Chapter 33 / Section 1752
§ 1752. Prohibition; penalty
Status: in_force

(a) A person shall not perform any of the following acts:

(1) practice or attempt to practice osteopathic medicine or hold himself or herself out as being able to do so in this State without first having obtained a license from the Board;

(2) use in connection with the person's name any letters, words, or insignia indicating that the person is an osteopathic physician unless the person is licensed in accordance with this chapter;

(3) practice or attempt to practice osteopathic medicine during license revocation or suspension.

(b) A person violating any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 3234 — VT Code / Title 26 / Chapter 62 / Section 3234
§ 3234. Coordination of practice acts
Status: in_force

Notwithstanding any provision of law to the contrary, a person may practice psychotherapy when acting within the scope of a license or certification granted under this chapter, provided he or she does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed or certified.
26 V.S.A. § 3033 — VT Code / Title 26 / Chapter 55 / Section 3033
§ 3033. Oversight, dispute resolution, and enforcement
Status: in_force

(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 that 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 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 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 that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission shall not bear any costs incurred by the state that is found to be in default or that 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 member 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 that 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, the Commission may initiate legal action in the U.S. 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 member 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.
26 V.S.A. § 4607 — VT Code / Title 26 / Chapter 89 / Section 4607
§ 4607. Renewals
Status: in_force

(a) Licenses shall be renewed every two years upon payment of the required fee.

(b) Biennially, the Director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.

(c) Any application for reinstatement of a license that has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the license was lapsed.
26 V.S.A. § 5427 — VT Code / Title 26 / Chapter 105 / Section 5427
§ 5427. Unprofessional conduct
Status: in_force

Unprofessional conduct means the conduct set forth in 3 V.S.A. § 129a and the following:

(1) engaging in activities in violation of 13 V.S.A. § 2605 (voyeurism);

(2) engaging in a sexual act with a client;

(3) conviction of a crime committed while engaged in the practice of massage or the practice of bodywork;

(4) performing massage or bodywork that the massage therapist, bodyworker, or touch professional knows or has reason to know has not been authorized by a client or the client's legal representative; and

(5) engaging in conduct of a character likely to deceive, defraud, or harm the public.
26 V.S.A. § 2138 — VT Code / Title 26 / Chapter 38 / Section 2138
§ 2138. Establishment of the Physical Therapy Compact Commission
Status: in_force

(a) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission.

(1) The Commission is 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) Each member state shall have and be limited to one delegate selected by that member state's licensing board.

(2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state board shall fill any vacancy occurring in the Commission.

(5) Each delegate shall be entitled to one 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.

(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

(7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(c) The Commission shall have the following powers and duties:

(1) Establish the fiscal year of the Commission.

(2) Establish bylaws.

(3) Maintain its financial records in accordance with the bylaws.

(4) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

(5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states.

(6) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.

(7) Purchase and maintain insurance and bonds.

(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

(9) 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.

(10) 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 avoid any appearance of impropriety and/or conflict of interest.

(11) 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 avoid any appearance of impropriety.

(12) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(13) Establish a budget and make expenditures.

(14) Borrow money.

(15) Appoint committees, including standing committees composed 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.

(16) Provide and receive information from, and cooperate with, law enforcement agencies.

(17) Establish and elect an Executive Board.

(18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.

(d) The Executive Board. The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.

(1) The Executive Board shall be composed of nine members:

(A) seven voting members who are elected by the Commission from the current membership of the Commission;

(B) one ex-officio, nonvoting member from the recognized national physical therapy professional association; and

(C) one ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

(2) The ex-officio members will be selected by their respective organizations.

(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 member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;

(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.

(e) Meetings of the Commission.

(1) 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 section 2139 of this title.

(2) The Commission or the Executive Board or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Board or other committees of the Commission must discuss:

(A) noncompliance of a member state with its obligations under the Compact;

(B) the employment, compensation, discipline or other 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;

(D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(E) accusing any person of a crime or formally censuring any person;

(F) disclosure of trade secrets or commercial or financial information that 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 investigative records compiled for law enforcement purposes;

(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

(J) matters specifically exempted from disclosure by federal or member state statute.

(3) 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.

(4) 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, 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 by a majority vote of the Commission or order of a court of competent jurisdiction.

(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 member 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 member 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 member states, except by and with the authority of the member 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 subdivision 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 the person's 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.
26 V.S.A. § 5505 — VT Code / Title 26 / Chapter 106 / Section 5505
§ 5505. Duties of the Director
Status: in_force

(a) The Director of Professional Regulation shall:

(1) provide information to the public concerning registration, certification, appeal procedures, and complaint procedures;

(2) administer fees established under this chapter;

(3) receive applications for registration or certification; issue registrations and certifications to applicants qualified under this chapter; deny or renew registrations or certifications; and issue, revoke, suspend, condition, and reinstate registrations and certifications as ordered by an administrative law officer;

(4) prepare and maintain a registry of registrants and certificants; and

(5) use the registry to timely communicate with registrants and certificants concerning issues of health and safety, building codes, environmental and energy issues, and State and federal incentive programs.

(b) The Director, after consultation with an advisor appointed pursuant to section 5506 of this title, may adopt rules to implement this chapter.
26 V.S.A. § 4515 — VT Code / Title 26 / Chapter 87 / Section 4515
§ 4515. Administration of the Compact
Status: in_force

(a) The Office of Professional Regulation shall have the power to:

(1) oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact; and

(2) recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist subject to the provisions and rules of the Compact.

(b) The Director of the Office of Professional Regulation shall designate the two delegates of the Compact for the State of Vermont pursuant to subsection 4508(b) of this subchapter.
26 V.S.A. § 5125 — VT Code / Title 26 / Chapter 99 / Section 5125
§ 5125. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b).
26 V.S.A. § 1354 — VT Code / Title 26 / Chapter 23 / Section 1354
§ 1354. Unprofessional conduct
Status: repealed

(a) Prohibited conduct. The Board shall find that any one of the following, or any combination of the following, whether the conduct at issue was committed within or outside the State, constitutes unprofessional conduct:

(1) fraud or misrepresentation in applying for or procuring a medical license or in connection with applying for or procuring periodic renewal of a medical license;

(2) all advertising about health care services or a medical business that is intended or has a tendency to mislead or deceive the public or impose upon credulous or ignorant persons and so be harmful or injurious to public morals or safety;

(3) [Repealed.]

(4) abandonment of a patient;

(5) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the licensee's ability to practice medicine;

(6) promotion by a physician of the sale of drugs, devices, appliances, or goods provided for a patient in such a manner as to exploit the patient for financial gain of the physician or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes;

(7) conduct that evidences unfitness to practice medicine;

(8) willfully making and filing false reports or records in his or her practice as a physician;

(9) willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record medical reports required by law;

(10) failure to make available promptly to a person using professional health care services, that person's representative, succeeding health care professionals, or institutions, when given proper written request and direction of the person using professional health care services, copies of that person's records in the possession or under the control of the licensed practitioner;

(11) solicitation of professional patronage by agents or persons or profiting from the acts of those representing themselves to be agents of the licensed physician;

(12) division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;

(13) agreeing with clinical or bio-analytical laboratories to make payments to such laboratories for individual tests or test series for patients, unless the physician discloses on the bills to patients or third party payors the name of such laboratory, the amount or amounts to such laboratory for individual tests or test series, and the amount of his or her processing charge or procurement, if any, for each specimen taken;

(14) willful misrepresentation in treatments;

(15) practicing medicine with a physician who is not legally practicing within the State, or aiding or abetting such physician in the practice of medicine; except that it shall be legal to practice in an accredited preceptorship or residency training program or pursuant to section 1313 of this title;

(16) gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services are not rendered;

(17) offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;

(18) consistent improper utilization of services;

(19) consistent use of nonaccepted procedures that have a consistent detrimental effect upon patients;

(20) professional incompetency resulting from physical or mental impairment;

(21) permitting one's name or license to be used by a person, group, or corporation when not actually in charge of, responsible for, or actively overseeing the treatment or other health care services provided;

(22) in the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions, that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent physician engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred;

(23) revocation of a license to practice medicine or surgery, or other disciplinary sanction, by another jurisdiction on one or more of the grounds specified in this section;

(24) failure to comply with the provisions of 18 V.S.A. § 1852;

(25) failure to comply with an order of the Board or violation of any term or condition of a license that is restricted or conditioned by the Board;

(26) any physician who, in the course of a collaborative agreement with a nurse practitioner allows the nurse practitioner to perform a medical act that is outside the usual scope of the physician's own practice or that the nurse practitioner is not qualified to perform by training or experience, or that the ordinary reasonable and prudent physician engaged in a similar practice would not agree should be written into the scope of the nurse practitioner's practice;

(27) failure to comply with provisions of federal statutes or regulations, or the statutes or rules of this or any other state, governing the practice of medicine or surgery;

(28) practice of profession when medically or psychologically unfit to do so;

(29) delegation of professional responsibilities, including delivery of any health care services, to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them;

(30) conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession, or failure to report to the Board a conviction of any crime related to the practice of the profession or any felony in any court within 30 days of the conviction;

(31) use of the services of an anesthesiologist assistant by an anesthesiologist in a manner that is inconsistent with the provisions of chapter 29 of this title;

(32) use of the services of a radiologist assistant by a radiologist in a manner that is inconsistent with the provisions of chapter 52 of this title;

(33)(A) providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means, when the licensee fails to take the following actions to establish and maintain a proper physician-patient relationship:

(i) a reasonable effort to verify that the person requesting medication is in fact the patient, and is in fact who the person claims to be;

(ii) establishment of documented diagnosis through the use of accepted medical practices; and

(iii) maintenance of a current medical record;

(B) for the purposes of this subdivision (33), an electronic, online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient, except as otherwise provided in subdivision (C)(iv) of this subdivision (33);

(C) the following would not be in violation of this subdivision (33) if transmitted or received by computer or other electronic means:

(i) initial admission orders for newly hospitalized patients;

(ii) prescribing for a patient of another physician for whom the prescriber has taken the call;

(iii) prescribing for a patient examined by a licensed advanced practice registered nurse, physician assistant, or other advanced practitioner authorized by law and supported by the physician;

(iv) in furtherance of 18 V.S.A. chapter 223, prescribing medication for an individual to terminate the individual's pregnancy based on an adaptive questionnaire developed by or in consultation with health care providers with clinically appropriate expertise that allows the licensee to obtain additional medical history and ask follow-up questions as needed;

(v) continuing medication on a short-term basis for a new patient, prior to the patient's first appointment; or

(vi) emergency situations where life or health of the patient is in imminent danger;

(34) failure to provide to the Board such information it may reasonably request in furtherance of its statutory duties. The patient privilege set forth in 12 V.S.A. § 1612 shall not bar the licensee's obligations under this subsection (a) and no confidentiality agreement entered into in concluding a settlement of a malpractice claim shall exempt the licensee from fulfilling his or her obligations under this subdivision;

(35) disruptive behavior that involves interaction with physicians, hospital personnel, office staff, patients, or support persons of the patient or others that interferes with patient care or could reasonably be expected to adversely affect the quality of care rendered to a patient;

(36) commission of any sexual misconduct that exploits the physician-patient relationship, including sexual contact with a patient, surrogates, or key third parties;

(37) prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for the licensee's own use or to an immediate family member as defined by rule;

(38) signing a blank or undated prescription form;

(39) [Repealed.]

(40) use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age; or

(41) failure to comply with one or more of the notice, disclosure, or advertising requirements in 18 V.S.A. § 4502 for administering stem cell or stem cell-related products not approved by the U.S. Food and Drug Administration.

(b) Failure to practice competently. The Board may also find that failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes, as determined by the Board:

(1) performance of unsafe or unacceptable patient care; or

(2) failure to conform to the essential standards of acceptable and prevailing practice.

(c) Burden of proof. The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(d) Health care providers. Notwithstanding any other law to the contrary, no health care provider who is certified, registered, or licensed in Vermont shall be subject to professional disciplinary action by the Board, nor shall the Board take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:

(1) the health care provider providing or assisting in the provision of legally protected health care activity; or

(2) a criminal, civil, or disciplinary action in another state against the health care provider that is based solely on the provider providing or assisting in the provision of legally protected health care activity.

(e) Definitions. As used in this section:

(1) “Health care provider” means a person who provides professional health care services to an individual during that individual's medical care, treatment, or confinement.

(2) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.

(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.
26 V.S.A. § 2176 — VT Code / Title 26 / Chapter 39 / Section 2176
§ 2176. Existing buildings
Status: in_force

The rules adopted under sections 2173, 2174, and 2175 of this title shall not apply to existing private dwellings and public buildings except as the plumbing systems in them may be altered in the future. (1959, No. 215, § 6, eff. June 2, 1959; amended 1987, No. 268 (Adj. Sess.), § 8, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 6.)
26 V.S.A. § 2182 — VT Code / Title 26 / Chapter 39 / Section 2182
§ 2182. Terms of office
Status: in_force

(a) Members of the Board shall be appointed for four year terms. Two of the appointed members shall initially be appointed for terms of two years beginning July 1 of the year of appointment.

(b) A vacancy shall be filled for the unexpired term in the same manner as the initial appointment. (1959, No. 215, § 8, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 8.)
26 V.S.A. § 2104 — VT Code / Title 26 / Chapter 38 / Section 2104
§ 2104. Licensure by endorsement
Status: in_force

A person who is licensed under the laws of another jurisdiction and who desires licensure as a physical therapist or physical therapist assistant shall apply to the Director of the Office of Professional Regulation in writing on a form furnished by the Director, accompanied by the specified fee. The Director shall license those persons if he or she deems that they have met requirements in the other jurisdiction that are substantially equivalent to those of this State. In all other cases, the Director of the Office of Professional Regulation may make such regulations as are reasonable and necessary for the protection of the public to assure that the applicant under this section is professionally qualified.
26 V.S.A. § 4511 — VT Code / Title 26 / Chapter 87 / Section 4511
§ 4511. Oversight, dispute resolution, and enforcement
Status: in_force

(a) Dispute resolution.

(1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(b) Enforcement.

(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member 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 member shall be awarded all costs of 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.
26 V.S.A. § 3316 — VT Code / Title 26 / Chapter 69 / Section 3316
§ 3316. Licensing and registration fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b).
26 V.S.A. § 2592a — VT Code / Title 26 / Chapter 45 / Section 2592a
§ 2592a. Licensure by endorsement
Status: in_force

Upon an applicant's successful completion of the Vermont portion of the licensing examination, the Board may issue a license to an applicant who is licensed or registered and currently in good standing in a U.S. or Canadian jurisdiction having licensing requirements that are substantially equivalent to the requirements of this chapter. The absence of a portfolio requirement in another jurisdiction shall not prevent the Board from finding substantial equivalence.
26 V.S.A. § 4924 — VT Code / Title 26 / Chapter 95 / Section 4924
§ 4924. Issuance of licenses
Status: in_force

The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter.
26 V.S.A. § 164 — VT Code / Title 26 / Chapter 3 / Section 164
§ 164. Powers and duties of Board generally
Status: in_force

(a) The Board shall:

(1) adopt rules, according to the provisions of 3 V.S.A. chapter 25, the Administrative Procedure Act, that are necessary for the performance of its duties;

(2) provide general information to applicants for licensure as architects;

(3) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(4) adopt rules that define the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of architecture but shall not be used to limit or unduly delay admission to practice;

(5) inform applicants of their right to register a complaint with the Board and the Office of Professional Regulation if they are unable to obtain the supervision necessary to fulfill the experience requirements of this chapter or the rules adopted under this chapter. The Board shall monitor the availability of supervised activities to determine that the experience requirements do not become a barrier to entry into the profession;

(6) if applications for licensure by examination are pending, offer examinations at least once each year and pass upon the qualifications of applicants;

(7) use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5.

(b) The Board may conduct hearings as provided in 3 V.S.A. chapter 5.
26 V.S.A. § 3004 — VT Code / Title 26 / Chapter 55 / Section 3004
§ 3004. Exceptions
Status: in_force

This chapter shall not apply to a person engaged or acting:

(1) In the discharge of his or her duties as a student of psychology.

(2) In the discharge of his or her duties as a psychologist in an accredited academic institution.

(3) In the discharge of his or her duties in a business, corporation, or research laboratory, provided that he or she is performing those duties for which he or she is employed within the confines of the corporation or organization, and provided that the corporation or organization does not sell psychological services to the public for a fee.

(4) In clinical training for licensure as a clinical social worker or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person's title indicates his or her training status and that the person does not identify himself or herself as a psychologist.
26 V.S.A. § 1182b — VT Code / Title 26 / Chapter 20 / Section 1182b
§ 1182b. License and specialty disciplines
Status: in_force

(a) Upon determining that an applicant is qualified for licensure in one or more specialty disciplines under section 1182a of this subchapter, the Board shall issue a license indicating the specialty discipline or disciplines.

(b) Upon determining that an existing licensee is qualified by application in an additional specialty discipline under section 1182a of this subchapter, the Board shall issue a license to the licensee indicating all specialty disciplines.

(c) Licenses issued under this chapter shall be renewed biennially.
26 V.S.A. § 3236a — VT Code / Title 26 / Chapter 62 / Section 3236a
§ 3236a. Certification of apprentice addiction professionals and alcohol and drug abuse counselors
Status: in_force

(a) The Director may certify an individual who has met requirements set by the Director by rule as:

(1) an apprentice addiction professional; or

(2) an alcohol and drug abuse counselor.

(b) The Director may seek cooperation with the International Certification and Reciprocity Consortium or other recognized alcohol and drug abuse provider credentialing organizations as a resource for examinations and rulemaking.
26 V.S.A. § 6025 — VT Code / Title 26 / Chapter 109 / Section 6025
§ 6025. Definitions
Status: in_force

As used in this subchapter:

(1) “Contestant” means an individual who competes in a mixed martial arts match, including an exhibition. “Contestant” includes both amateur and professional mixed martial arts competitors.

(2) “Director” means the Director of the Vermont Office of Professional Regulation.

(3) “Event” or “mixed martial arts event” means a mixed martial arts match or two or more mixed martial arts matches held at the same location on the same or consecutive dates.

(4) “Exhibition” means an engagement in which the contestants show or display their skills without necessarily striving to win.

(5) “Match” or “mixed martial arts match” means any occurrence in which a mixed martial arts contestant competes against another mixed martial arts contestant using mixed martial arts. “Match” or “mixed martial arts match” includes amateur matches and exhibitions.

(6) “Mixed martial arts” means unarmed combat involving the use, subject to any applicable limits set forth in this subchapter and in any rules adopted in accordance with this subchapter, of a combination of techniques, including grappling, kicking, and striking, from different disciplines of martial arts. Mixed martial arts includes kickboxing, pankration, Muay Thai, and extreme martial arts. Mixed martial arts does not include boxing.

(7) “Office” means the Vermont Office of Professional Regulation.

(8) “Participant” means individuals who participate, directly or indirectly, in mixed martial arts matches, including managers, referees, match makers, seconds, corners, and judges. “Participant” does not include spectators and audience members.

(9) “Promoter” means any person, club, corporation, or association and, in the case of a corporate promoter, includes any officer, director, employee, or stockholder thereof, who produces, arranges, or stages any mixed martial arts match.
26 V.S.A. § 2802 — VT Code / Title 26 / Chapter 51 / Section 2802
§ 2802. Prohibitions
Status: repealed

(a) [Repealed.]

(b) A person shall not practice radiologic technology unless he or she is licensed in accordance with the provisions of this chapter.

(c) A person shall not practice radiography without a license for radiography unless exempt under section 2803 of this chapter.

(d) [Repealed.]

(e) A person shall not practice nuclear medicine technology without a license for that purpose unless exempt under section 2803 of this chapter.

(f) A person shall not practice radiation therapy technology without a license for that purpose unless exempt under section 2803 of this chapter.
26 V.S.A. § 3203 — VT Code / Title 26 / Chapter 61 / Section 3203
§ 3203. Director duties
Status: in_force

(a) The Director shall:

(1) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(2) administer fees collected under this chapter;

(3) provide general information to applicants for licensure as licensed independent clinical social workers and licensed master's social workers;

(4) receive applications for licensing, license applicants qualified under this chapter, or renew, revoke, reinstate, and condition licenses as ordered by an administrative law officer; and

(5) adopt by rule criteria for licensing independent clinical social workers and licensed master's social workers who have five years' licensed or certified practice experience in another jurisdiction of the United States or Canada.

(b) The Director, with the advice of two licensed social workers appointed under section 3204 of this chapter, may adopt rules necessary to enable the Director to perform his or her duties under subsection (a) of this section.
26 V.S.A. § 3223 — VT Code / Title 26 / Chapter 61 / Section 3223
§ 3223. Adverse actions
Status: in_force

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

(1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(2) Only the home state shall have the power to take adverse action against a regulated social worker's multistate license.

(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

(d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.

(e) A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.

(f) Joint investigations.

(1) In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(g) If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker's multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.

(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.

(i) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

(j) Nothing in this Compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.

(k) Nothing in this Compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
26 V.S.A. § 1734c — VT Code / Title 26 / Chapter 31 / Section 1734c
§ 1734c. Exemptions
Status: in_force

(a) Nothing in this chapter shall be construed to require licensure under this chapter of any of the following:

(1) Physician assistant students enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant.

(2) Physician assistants employed in the service of the U.S. Armed Forces or National Guard, including National Guard in state status, while performing duties incident to that employment.

(3) Technicians or other assistants or employees of a physician who perform physician-delegated tasks but who are not rendering services as physician assistants or identifying themselves as physician assistants.

(4) Physician assistants who are duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the physician assistants are employed as or formally designated as team physician assistants by an athletic team visiting Vermont for a specific sporting event and the physician assistants limit their practice in this State to the treatment of the members, coaches, and staff of the sports team employing or designating the physician assistants.

(b) Physician assistants licensed in this State or credentialed as physician assistants by a federal employer shall not be required to have a practice agreement when responding to a need for medical care created by a disaster or emergency, as that term is defined in 20 V.S.A. § 102(c).
26 V.S.A. § 3175b — VT Code / Title 26 / Chapter 59 / Section 3175b
§ 3175b. Guard dog training instructor license
Status: in_force

(a) An applicant for a license to provide guard dog services shall demonstrate to the Director competence in the handling of guard dogs in a guard dog training program approved by the Director and taught by an instructor currently licensed under this section.

(b) The Director shall not issue a license as a guard dog training program instructor without first obtaining and approving all of the following:

(1) evidence that the applicant has attained the age of majority;

(2) a copy of the applicant's training program;

(3) proof of certification as an instructor from an instructor's course approved by the Director;

(4) a federal background check; and

(5) the application fee.
26 V.S.A. § 5376 — VT Code / Title 26 / Chapter 103 / Section 5376
§ 5376. Notarial act under federal authority
Status: in_force

(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notary public of this State, if the act performed under federal law is performed by:

(1) a judge, clerk, or deputy clerk of a court;

(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;

(3) an individual designated a notarizing officer by the U.S. Department of State for performing notarial acts overseas; or

(4) any other individual authorized by federal law to perform the notarial act.

(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of an officer described in subdivision (a)(1), (2), or (3) of this section shall conclusively establish the authority of the officer to perform the notarial act.
26 V.S.A. § 662 — VT Code / Title 26 / Chapter 12 / Section 662
§ 662. Fees
Status: in_force

(a) Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application

(2) Biennial renewal

(b) The licensing fee for a dentist, dental therapist, or dental hygienist or the registration fee for a dental assistant who is otherwise eligible for licensure or registration and whose practice in this State will be limited to providing pro bono services at a free or reduced-fee clinic or similar setting approved by the Board shall be waived.
26 V.S.A. § 1614 — VT Code / Title 26 / Chapter 28 / Section 1614
§ 1614. APRN renewal
Status: in_force

An APRN license renewal application shall include:

(1) documentation of completion of the APRN practice requirement;

(2) possession of a current certification by a national APRN specialty certifying organization; and

(3) a current collaborative provider agreement if required for transition to practice.
26 V.S.A. § 4059 — VT Code / Title 26 / Chapter 77 / Section 4059
§ 4059. Exemption
Status: in_force

(a) Any person who has met the educational and clinical criteria established under subdivision 4057(a)(2) of this title and is licensed or certified under this title as a physician, osteopath, psychologist, clinical social worker, clinical mental health counselor, or marriage and family therapist shall be exempt from the provisions of this chapter.

(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of this chapter shall apply to any person certified as a psychoanalyst under this chapter.
26 V.S.A. § 899 — VT Code / Title 26 / Chapter 15 / Section 899
§ 899. Private inspections
Status: in_force

(a) Upon a determination that the resources of the State and the municipality are insufficient to provide the approval or inspection services required by this chapter, the Commissioner may assign responsibility for inspecting electrical installations on its own premises to a private corporation, partnership, or sole proprietorship that has an ongoing need for services. Applications to conduct private inspections under this section shall be in the manner prescribed by the Commissioner.

(b) The Commissioner may grant an application under this section if he or she determines that the applicant has the ability to carry out inspections. The Commissioner shall consider at least the following factors:

(1) the size of the facility;

(2) self-insurance or other indication of incentive and motivation for safety;

(3) whether the applicant's training program for inspectors and inspection procedures are at least equivalent to the State's program and procedures.

(c) A person authorized to perform private inspections under this section shall:

(1) participate in State-sponsored training programs;

(2) file monthly reports with the Commissioner containing the number and type of inspections, electrical installations, violations for that month, and the license numbers of the electrical contractors performing work;

(3) permit electrical inspectors to perform random inspections of the applicant's facility;

(4) pay the Department an annual flat fee. The amount of the fee shall be negotiated by the Department and the applicant and shall take into consideration the cost to the applicant of conducting private inspections. The fee shall not exceed the fee established under section 893 of this title.

(d) The Commissioner may revoke an approval to conduct private inspections whenever the Commissioner determines that the training program is insufficient or that the business has failed to comply with the provisions of subdivisions (c)(1)-(3) of this section.
26 V.S.A. § 1733 — VT Code / Title 26 / Chapter 31 / Section 1733
§ 1733. Licensure
Status: in_force

The State Board of Medical Practice is responsible for the licensure of physician assistants, and the Commissioner of Health shall adopt, amend, or repeal rules regarding the training, practice, qualification, and discipline of physician assistants.
26 V.S.A. § 3365 — VT Code / Title 26 / Chapter 71 / Section 3365
§ 3365. Occupational Therapy Licensure Compact; adoption
Status: in_force

This subchapter is the Vermont adoption of the Occupational Therapy Licensure Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Occupational Therapy Licensure Compact that is enacted by other Compact party states.
26 V.S.A. § 1420c — VT Code / Title 26 / Chapter 23 / Section 1420c
§ 1420c. Eligibility
Status: in_force

(a) A physician must meet the eligibility requirements as defined in subdivision 1420b(11) of this subchapter to receive an expedited license under the terms and provisions of the Compact.

(b) A physician who does not meet the requirements of subdivision 1420b(11) of this subchapter may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.
26 V.S.A. § 3320 — VT Code / Title 26 / Chapter 69 / Section 3320
§ 3320. Licensure by reciprocity
Status: in_force

The Director shall waive all licensing requirements for an appraiser applicant holding a valid certification from another state if:

(1) the appraiser licensing and certification program of the other state is in compliance with the provisions of the Act; and

(2) the appraiser applicant holds the valid certification from a state whose requirements for certification or licensing meet or exceed the licensure standards established by this chapter.
26 V.S.A. § 2031 — VT Code / Title 26 / Chapter 36 / Section 2031
§ 2031. Creation; appointment; terms; organization
Status: in_force

(a)(1) There is hereby created the Board of Pharmacy to enforce the provisions of this chapter.

(2) The Board shall consist of eight members, five of whom shall be pharmacists licensed under this chapter with five years of experience in the practice of pharmacy in this State. One member shall be a pharmacy technician registered under this chapter. Two members shall be members of the public having no financial interest in the practice of pharmacy.

(b) Members of the Board shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
26 V.S.A. § 1732 — VT Code / Title 26 / Chapter 31 / Section 1732
§ 1732. Definitions
Status: in_force

As used in this chapter:

(1) “Accredited physician assistant program” means a physician assistant educational program that has been accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or, prior to 2001, by either the Committee on Allied Health Education and Accreditation (CAHEA) or the Commission on Accreditation of Allied Health Education Programs (CAAHEP).

(2) “Board” means the State Board of Medical Practice established by chapter 23 of this title.

(3) “Collaboration” means a physician assistant's consultation with or referral to an appropriate physician or other health care professional as indicated based on the patient's condition; the physician assistant's education, training, and experience; and the applicable standards of care.

(4) “Disciplinary action” means any action taken by the Board against a physician assistant or an applicant, or an appeal of that action, when the action suspends, revokes, limits, or conditions licensure in any way. The term includes reprimands and administrative penalties.

(5) “Health care facility” has the same meaning as in 18 V.S.A. § 9402.

(6) “Participating physician” means a physician practicing as a sole practitioner, a physician designated by a group of physicians to represent their physician group, or a physician designated by a health care facility to represent that facility, who enters into a practice agreement with a physician assistant in accordance with this chapter.

(7) “Physician” means an individual licensed to practice medicine pursuant to chapter 23 or 33 of this title.

(8) “Physician assistant” or “PA” means an individual licensed by the State of Vermont to practice medicine in collaboration with one or more physicians pursuant to this chapter.

(9) “Physician group” means a medical practice involving two or more physicians.

(10) “Practice agreement” means an agreement that meets the requirements of section 1735a of this chapter.

(11) “Practice as a physician assistant” means the practice of medicine by a PA pursuant to a practice agreement signed by a participating physician.
26 V.S.A. § 1420m — VT Code / Title 26 / Chapter 23 / Section 1420m
§ 1420m. Finance powers
Status: in_force

(a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.
26 V.S.A. § 1742 — VT Code / Title 26 / Chapter 31 / Section 1742
§ 1742. Penalty
Status: in_force

(a) Any person who not being licensed holds himself or herself out to the public as being licensed under this chapter shall be liable for a fine of not more than $10,000.00.

(b) In addition to the penalty provided in subsection (a) of this section, the Attorney General or a State's Attorney may bring a civil action to restrain continuing violations of this section.
26 V.S.A. § 3056 — VT Code / Title 26 / Chapter 56 / Section 3056
§ 3056. Records
Status: in_force

A health care professional holding a telehealth license or telehealth registration issued pursuant to this chapter shall document in a patient's or client's medical record the health care services delivered using telehealth in accordance with the same standard used for in-person services and shall comply with the requirements of 18 V.S.A. §§ 9361 and 9362 to the extent applicable to the profession. Records, including video, audio, electronic, or other records generated as a result of delivering health care services using telehealth, are subject to all federal and Vermont laws regarding protected health information.
26 V.S.A. § 2211 — VT Code / Title 26 / Chapter 41 / Section 2211
§ 2211. Definitions
Status: in_force

(a) As used in this chapter, the following definitions shall have the following meanings except where the context clearly indicates that another meaning is intended:

(1) “Commission” means the Vermont Real Estate Commission.

(2) “Person” means and includes individuals, corporations, partnerships, trusts, associations, cooperatives, or other firms or entities, foreign or domestic.

(3) “Real estate,” “real property,” “realty,” or words of like import means any interest or estate in land, excepting leaseholds, whether such interest or estate is corporeal, incorporeal, freehold, or nonfreehold, and whether situated in this State or elsewhere; provided, however, that the meaning as used in this chapter shall not include oil, gas, or mineral leases, nor shall it include any other mineral leasehold, mineral estate, or mineral interest of any nature whatsoever.

(4) “Real estate broker” or “broker” means any person who, for another, for a fee, commission, salary, or other consideration, or with the intention or expectation of receiving or collecting such compensation from another, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct, any of the following acts:

(A) lists, offers, attempts, or agrees to list real estate or any interest therein for sale or exchange;

(B) sells, exchanges, or purchases real estate or any interest therein;

(C) offers to sell, exchange, or purchase real estate or any interest therein;

(D) negotiates, or offers, attempts, or agrees to negotiate the sale, exchange, or purchase of real estate, or any interest therein;

(E) buys, sells, offers to buy or sell, or otherwise deals in options on real estate or any interest therein;

(F) advertises or holds himself or herself out as being engaged in the business of buying, selling, or exchanging real estate or any interest therein;

(G) assists or directs in the procuring of prospects, calculated to result in the sale or exchange of real estate or any interest therein; however, a nonlicensed employee of a licensee shall be allowed to respond to inquiries from members of the public, so long as the employee makes it clear that he or she is not licensed and that any information provided should be confirmed by a licensed person.

(5) “Real estate salesperson” or “salesperson” means any person who for a fee, compensation, salary, or other consideration, or in the expectation or upon the promise thereof, is employed by or associated with a licensed real estate broker to do any act or deal in any transaction as provided in subdivision (4) of this subsection for or on behalf of a licensed real estate broker.

(b) The terms “real estate broker,” “real estate salesperson,” or “broker” shall not include:

(1) Any person, partnership, association, or corporation who as a bona fide owner performs any of the acts set forth in subdivision (a)(4) of this section with reference to property owned by them, nor shall it apply to regular employees thereof, when such acts are performed in the regular course of or as an incident to the management of such property and the investment therein. This subdivision (1) shall not apply to licensees.

(2) Any attorney at law, admitted to practice in Vermont, handling sales of real estate in the course of estate or guardianship administration, or trust administration, bankruptcy proceedings, receiverships, or like actions subject to approval by a court of competent jurisdiction, or sales of real estate arising in the usual course of the practice of law.

(3) Any person selling real estate as an auctioneer, provided such sale is advertised as a bona fide public auction.

(4) Any bank or trust company or any of its officers or employees in the performance of their duties as an officer or employee of any such bank or trust company while performing activities listed in subdivision (a)(4) of this section with respect to real estate owned by that bank or trust company.

(5) Any person holding in good faith a duly executed power of attorney from the owner, authorizing a final consummation and execution for the sale, purchase, or exchange of real estate when such acts are not of a recurrent nature and done with the intention of evading this section.

(6) Any person while acting as a receiver, trustee, administrator, executor, guardian, or under court order, or while acting under authority of a deed, trust, or will.

(7) Public officers while performing their duties as such.

(8) Any person who leases real estate or any interest therein or any improvements affixed thereon, or offers to lease, negotiates the lease of, or advertises as being in the business of leasing real estate.

(9) Any person registered as a securities dealer or salesperson by the Commissioner of Financial Regulation pursuant to 9 V.S.A. chapter 131 when selling securities.
26 V.S.A. § 1735a — VT Code / Title 26 / Chapter 31 / Section 1735a
§ 1735a. Practice agreement and scope of practice
Status: in_force

(a) Except as provided in subsection 1734c(b) of this chapter and subsection (e) of this section, a physician assistant shall engage in practice as a physician assistant in this State only if the physician assistant has entered into a written practice agreement as set forth in subsection (b) of this section.

(1) A physician assistant shall enter into a practice agreement with a physician who practices as a sole practitioner only if the participating physician's area of specialty is similar to or related to the physician assistant's area of specialty.

(2) A physician assistant shall enter into a practice agreement with a participating physician who represents a physician group or health care facility only if one or more of the physicians practicing in the physician group or at the health care facility has an area of specialty similar to or related to the physician assistant's area of specialty.

(b) A practice agreement shall include all of the following:

(1) Processes for physician communication, availability, decision making, and periodic joint evaluation of services delivered when providing medical care to a patient.

(2) An agreement that the physician assistant's scope of practice shall be limited to medical care that is within the physician assistant's education, training, and experience. Specific restrictions, if any, on the physician assistant's practice shall be listed.

(3) A plan to have a physician available for consultation at all times when the physician assistant is practicing medicine.

(4) The signatures of the physician assistant and the participating physician; no other signatures shall be required.

(c) A practice agreement may specify the extent of the collaboration required between the PA and physicians and other health care professionals; provided, however, that a physician shall be accessible for consultation by telephone or electronic means at all times when a PA is practicing.

(d) The practice agreement shall be reviewed by the physician assistant and either the participating physician or a representative of the practice, physician group, or health care facility, at a minimum, at the time of the physician assistant's license renewal.

(e) In the event of the unanticipated unavailability of a participating physician practicing as a sole practitioner due to serious illness or death, a physician assistant may continue to practice for not more than a 30-day period without entering into a new practice agreement with another participating physician.

(f) The practice agreement shall be filed with the Board. The Board shall not request or require any modifications to the practice agreement. The practice agreement may be filed with the Board electronically at the option of the physician assistant; no original documents shall be required.

(g) Nothing in this section shall be construed to require the physical presence of a physician at the time and place at which a physician assistant renders a medical service.

(h) A physician assistant may prescribe, dispense, administer, and procure drugs and medical devices to the same extent as may a physician. A physician assistant who prescribes controlled substances shall be registered with the federal Drug Enforcement Administration.
26 V.S.A. § 1368 — VT Code / Title 26 / Chapter 23 / Section 1368
§ 1368. Data repository; licensee profiles
Status: in_force

(a) A data repository is created within the Department of Health that will be responsible for the compilation of all data required under this section, under this chapter, and under any other law or rule that requires the reporting of such information. Notwithstanding any provision of law to the contrary, licensees shall promptly report and the Department shall collect the following information to create individual profiles on all health care professionals licensed, certified, or registered by the Department, pursuant to the provisions of this title, in a format created by the Department that shall be available for dissemination to the public:

(1) A description of any criminal convictions for felonies and serious misdemeanors, as determined by the Commissioner of Health, within the most recent 10 years. For the purposes of this subdivision, a person shall be deemed to be convicted of a crime if he or she pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction.

(2) A description of any charges to which a health care professional pleads nolo contendere or where sufficient facts of guilt were found and the matter was continued without a finding by a court of competent jurisdiction.

(3)(A) A description of any formal charges served, findings, conclusions, and orders of the licensing authority, and final disposition of matters by the courts within the most recent 10 years, and a summary of the final disposition of such matters indicating any charges that were dismissed and any charges resulting in a finding of unprofessional conduct.

(B) The Department shall remove from the data repository any charges, findings, conclusions, and order if the final disposition of the matter dismissed all charges filed against the licensee in the same action. The Department shall ensure that the period for appealing an order has expired prior to removing any such information from the data repository, and shall remove that information within five business days of the expiration of the appeal period.

(4)(A) A description of any formal charges served by licensing authorities, findings, conclusions, and orders of such licensing authorities, and final disposition of matters by the courts in other states within the most recent 10 years.

(B) Upon request of the licensee, the Department shall remove from the data repository any charges, findings, conclusions, and order if the final disposition of the matter dismissed all charges filed against the licensee in the same action. The Department shall confirm the dismissal and shall ensure that the period for appealing an order has expired prior to removing any such information from the data repository, and shall remove that information within five business days of the expiration of the appeal period or within five business days of the request of the licensee, whichever is later.

(5) A description of revocation or involuntary restriction of hospital privileges for reasons related to competence or character that has been issued by the hospital's governing body or any other official of the hospital after procedural due process has been afforded, or the resignation from, or nonrenewal of, medical staff membership or the restriction of privileges at a hospital taken in lieu of, or in settlement of, a pending disciplinary case related to competence or character in that hospital. Only cases that have occurred within the most recent 10 years shall be disclosed by the Board to the public.

(6)(A) All medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party during the last 10 years, and all settlements of medical malpractice claims in which a payment is made to a complaining party within the last 10 years. Dispositions of paid claims shall be reported in a minimum of three graduated categories, indicating the level of significance of the award or settlement, if valid comparison data are available for the profession or specialty. Information concerning paid medical malpractice claims shall be put in context by comparing an individual health care professional's medical malpractice judgment awards and settlements to the experience of other health care professionals within the same specialty within the New England region or nationally. The Commissioner may, in consultation with the Vermont Medical Society, report comparisons of individual health care professionals covered under this section to all similar health care professionals within the New England region or nationally.

(B) Comparisons of malpractice payment data shall be accompanied by:

(i) an explanation of the fact that professionals treating certain patients and performing certain procedures are more likely to be the subject of litigation than others;

(ii) a statement that the report reflects data for the last 10 years, and the recipient should take into account the number of years the professional has been in practice when considering the data;

(iii) an explanation that an incident giving rise to a malpractice claim may have occurred years before any payment was made, due to the time lawsuits take to move through the legal system;

(iv) an explanation of the possible effect of treating high-risk patients on a professional's malpractice history; and

(v) an explanation that malpractice cases may be settled for reasons other than liability.

(C)(i) Information concerning all settlements shall be accompanied by the following statement: “Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care professional. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.” Nothing in this subdivision (6) shall be construed to limit or prevent the licensing authority from providing further explanatory information regarding the significance of categories in which settlements are reported.

(ii) Pending malpractice claims and actual amounts paid by or on behalf of a professional in connection with a malpractice judgment, award, or settlement shall not be disclosed by the Commissioner of Health or by the licensing authority to the public. Nothing in this subdivision (6) shall be construed to prevent the licensing authority from investigating and disciplining a health care professional on the basis of medical malpractice claims that are pending.

(7) The names of medical professional schools and dates of graduation.

(8) Graduate medical education.

(9) Specialty board certification.

(10) The number of years in practice.

(11) The names of the hospitals where the health care professional has privileges.

(12) Appointments to medical school or professional school faculties, and indication as to whether the health care professional has had a responsibility for teaching graduate medical education within the last 10 years.

(13) Information regarding publications in peer-reviewed medical literature within the last 10 years.

(14) Information regarding professional or community service activities and awards.

(15) The location of the health care professional's primary practice setting.

(16) The identification of any translating services that may be available at the health care professional's primary practice location.

(17) An indication of whether the health care professional participates in the Medicaid program, and is currently accepting new patients.

(b) The Department shall provide individual health care professionals with a copy of their profiles prior to the initial release to the public and each time a physician's profile is modified or amended. A health care professional shall be provided a reasonable time to correct factual inaccuracies that appear in such profile, and may elect to have his or her profile omit the information required under subdivisions (a)(12) through (14) of this section. In collecting information for such profiles and in disseminating the same, the Department shall inform health care professionals that they may choose not to provide such information required under subdivisions (a)(12) through (14).

(c) The profile shall include the following conspicuous statement: “This profile contains information that may be used as a starting point in evaluating the professional. This profile should not, however, be your sole basis for selecting a professional.”
26 V.S.A. § 1626 — VT Code / Title 26 / Chapter 28 / Section 1626
§ 1626. Practical nurse licensure by endorsement
Status: in_force

To be eligible for licensure as a practical nurse by endorsement, an applicant shall:

(1) hold a current license to practice practical nursing in another U.S. jurisdiction based on education in a nursing program acceptable to the Board; and

(2) meet practice requirements set by the Board by rule.
26 V.S.A. § 5221 — VT Code / Title 26 / Chapter 101 / Section 5221
§ 5221. Qualifications for licensure
Status: in_force

Applicants for licensure shall qualify under one of the following paths to licensure:

(1) Possession of a bachelor's degree, or higher, in forestry from a program approved by the Director, satisfactory completion of two years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.

(2) Possession of a bachelor's degree, or higher, in a forestry-related field from a program approved by the Director, satisfactory completion of three years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.

(3) Possession of an associate degree in forestry from a program approved by the Director, satisfactory completion of four years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.

(4) Possession of a valid registration or license to engage in the practice of forestry issued by the appropriate regulatory authority of a state, territory, or possession of the United States, or the District of Columbia, based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter. Such an applicant may be examined on forestry matters peculiar to Vermont and may be granted a license at the discretion of the Director.
26 V.S.A. § 3060 — VT Code / Title 26 / Chapter 56 / Section 3060
§ 3060. Venue
Status: in_force

Venue for a civil action initiated by the Office, the Board, or a patient or client who has received telehealth services in Vermont from an out-of-state health care professional holding a telehealth license or telehealth registration shall be in the patient's or client's county of residence or in Washington County.
26 V.S.A. § 4712 — VT Code / Title 26 / Chapter 91 / Section 4712
§ 4712. Exemptions from licensure
Status: in_force

(a) A person shall not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this chapter, except that this chapter shall not prohibit:

(1) A person matriculated in an education program approved by the Director who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person's respiratory care education while under direct supervision of a respiratory care practitioner or physician.

(2) A respiratory care practitioner from practicing in the U.S. Armed Services, U.S. Public Health Services, or the Department of Veterans Affairs, pursuant to federal regulations of health care providers.

(3) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunications.

(4) A respiratory care practitioner who is licensed in another jurisdiction of the United States, or foreign educated respiratory care practitioner credentialed in another country, from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.

(5) Those individuals meeting the aide/assistant classification or those working under medical supervision in a pulmonary function testing or research facility.

(6) Respiratory care rendered in an emergency.

(7) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.

(8) A respiratory care practitioner who is licensed in another jurisdiction of the United States or a foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.

(9) A home care medical equipment dealer from performing services related to delivery, setup, instruction, or maintenance of durable medical equipment, including home respiratory equipment. This exemption does not include therapeutic evaluation or assessment.

(10) [Expired.]

(11) A polysomnographic technologist, technician, or trainee from performing activities within the scope of practice adopted by the association of polysomnographic technologists, while under the direction of a Vermont licensed physician who has training in sleep medicine.

(12) A perfusionist from performing those activities contained within the perfusion scope of practice adopted by the American Society of Extracorporeal Technologists, or its successor organization, while under the supervision of a licensed physician.

(b) This chapter does not restrict a person licensed or certified under any other law of this State from engaging in the profession or practice for which that person is licensed or certified if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care. This chapter does not expand the scope of practice of any other profession or occupation referred to in this chapter.
26 V.S.A. § 3232 — VT Code / Title 26 / Chapter 62 / Section 3232
§ 3232. Prohibition; penalties
Status: in_force

(a) A person shall not perform either of the following acts:

(1) practice or attempt to practice alcohol and drug abuse counseling without a valid license issued in accordance with this chapter, except as otherwise provided in section 3233 of this chapter; or

(2) use in connection with the person's name any letters, words, or insignia indicating or implying that the person is an alcohol and drug abuse counselor, unless the person is licensed or certified in accordance with this chapter.

(b) A person who violates any of the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 3205a — VT Code / Title 26 / Chapter 61 / Section 3205a
§ 3205a. Licensed independent clinical social worker eligibility
Status: in_force

(a) To be eligible for licensure as a licensed independent clinical social worker, an applicant must have:

(1) received a master's degree or doctoral degree from an accredited social work education program;

(2) passed the examinations designated by the Director within five years prior to applying for licensure; and

(3) completed 3,000 hours of supervised practice of independent clinical social work as defined by rule under the supervision of a:

(A) licensed independent clinical social worker;

(B) licensed clinical mental health counselor;

(C) licensed psychologist;

(D) licensed physician or a licensed osteopathic physician who has completed a residency in psychiatry; or

(E) person licensed or certified in another state or Canada in one of these professions or their substantial equivalent.

(b) A person not licensed as a master's social worker who engages in post-master's supervised practice in Vermont toward licensure as a licensed independent clinical social worker shall be entered on the roster of nonlicensed, noncertified psychotherapists.

(c) A licensed master's social worker who engages in post-master's supervised practice in Vermont to become a licensed independent clinical social worker must first register with the Office as set forth by rule.
26 V.S.A. § 2144 — VT Code / Title 26 / Chapter 38 / Section 2144
§ 2144. State administration of the Compact
Status: in_force

(a) The Office of Professional Regulation shall have the power to oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact.

(b) The Director of the Office of Professional Regulation shall designate the one delegate of the Compact for the State of Vermont pursuant to subsection 2138(b) of this subchapter.
26 V.S.A. § 4407 — VT Code / Title 26 / Chapter 86 / Section 4407
§ 4407. Examination
Status: in_force

(a) The Director shall examine applicants for licensure as electrologists at such times and places as the Director may determine.

(b) Examinations and examination procedures shall be fair and reasonable. They shall be designed to ensure that all applicants who demonstrate possession of the minimal occupational qualifications that are consistent with the public health, safety, and welfare are granted licensure. Examinations shall not be designed or implemented for the purpose of limiting the number of licensees.

(c) The Director shall examine applicants for licensure and may use a standardized national examination. The Director may limit, by rule, the number of times a person may take an examination. Before selecting the examination, the Director shall consult the advisors appointed under section 4405 of this title.
26 V.S.A. § 2626 — VT Code / Title 26 / Chapter 46 / Section 2626
§ 2626. License renewal
Status: in_force

(a) A license shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license. A license that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.

(b) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than three years is professionally qualified. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.
26 V.S.A. § 5024 — VT Code / Title 26 / Chapter 97 / Section 5024
§ 5024. Licensure generally
Status: in_force

The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter.
26 V.S.A. § 661 — VT Code / Title 26 / Chapter 12 / Section 661
§ 661. Renewal of license
Status: in_force

(a) Licenses and registrations shall be renewed every two years on a schedule determined by the Office of Professional Regulation.

(b) No continuing education reporting is required at the first biennial license renewal date following licensure.

(c) The Board may waive continuing education requirements for licensees who are on active duty in the U.S. Armed Forces.

(d) Dentists.

(1) To renew a license, a dentist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 30 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.

(2) Any dentist who has not been in active practice for a period of five years or more shall be required to meet the renewal requirements established by the Board by rule.

(e) Dental therapists. To renew a license, a dental therapist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 20 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.

(f) Dental hygienists. To renew a license, a dental hygienist shall meet active practice requirements established by the Board by rule and document completion of no fewer than 18 hours of Board-approved continuing professional education, which shall include an emergency office procedures course during the two-year licensing period preceding renewal.

(g) Dental assistants. To renew a registration, a dental assistant shall meet the requirements established by the Board by rule.
26 V.S.A. § 324 — VT Code / Title 26 / Chapter 7 / Section 324
§ 324. Prohibitions; penalties
Status: in_force

(a) No person shall practice or attempt to practice podiatry or hold himself or herself out as being able to do so in this State without first having obtained a license under this chapter.

(b) No person shall use in connection with the person's name, letters, words, or insignia indicating or implying that the person is a podiatrist unless the person is licensed under this chapter.

(c) A person who violates a provision of this section shall be imprisoned not more than two years or fined not more than $10,000.00.
26 V.S.A. § 3238 — VT Code / Title 26 / Chapter 62 / Section 3238
§ 3238. Biennial renewals
Status: repealed

(a) Licenses and certifications shall be renewed every two years on a schedule set by the Office upon:

(1) Payment of the required fee.

(2) Documentation that the applicant has completed at least 40 hours of continuing education, approved by the Director. Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training. Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont's health care system. If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.

(b) [Repealed.]

(c) Any application for reinstatement of a license or certification that has expired shall be accompanied by the appropriate fees. A person shall not be required to pay renewal fees for years during which the license or certification was lapsed.

(d) [Repealed.]
26 V.S.A. § 5124 — VT Code / Title 26 / Chapter 99 / Section 5124
§ 5124. Licensure generally
Status: in_force

The Director shall issue a license or renew a license upon payment of the fees required under this chapter to an applicant or licensee who has satisfactorily met all the requirements of this chapter.
26 V.S.A. § 3015 — VT Code / Title 26 / Chapter 55 / Section 3015
§ 3015. Renewals
Status: in_force

(a) Licenses shall be renewed every two years upon payment of the required fee.

(b) Two months prior to the expiration of the license, the Director of the Office of Professional Regulation shall forward to the holder a form or application of renewal. Upon the receipt of the completed form and the renewal fee, the Director shall issue a new license.

(c) Any application for renewal of a license that has expired shall in addition require the payment of a reinstatement fee. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.

(d) Continuing education units.

(1) As a condition of renewal, the Board shall require that licensees establish that they have satisfied continuing education requirements established by Board rule and this subsection.

(2) Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont's health care system.

(3) Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training.

(4) Upon application, the Board may exempt from continuing education requirements a licensee on active duty in the U.S. Armed Forces if obtaining continuing education credits would be impossible in practice or a significant hardship for the licensee.

(5) If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.
26 V.S.A. § 1701 — VT Code / Title 26 / Chapter 30 / Section 1701
§ 1701. Legislative findings
Status: in_force

The Legislature finds and declares that the public health, safety, and welfare of the State of Vermont requires the exercise of the authority of this State to safeguard the people of Vermont and further that the right to practice optometry is a privilege conferred by legislative grant to persons possessed of personal and professional qualifications.
26 V.S.A. § 5324 — VT Code / Title 26 / Chapter 103 / Section 5324
§ 5324. Fees
Status: in_force

(a) For the issuance of a commission as a notary public, the Office shall collect a fee of $30.00.

(b) For issuance of a special endorsement authorizing the performance of electronic and remote notarial acts in accordance with subsection 5341(d) of this chapter, the Office shall collect a fee of $30.00.
26 V.S.A. § 4402 — VT Code / Title 26 / Chapter 86 / Section 4402
§ 4402. Definitions
Status: in_force

As used in this chapter:

(1) “Director” means the Director of the Office of Professional Regulation.

(2) “Disciplinary action” means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a certified electrologist or an applicant. It includes all sanctions of any kind, including obtaining injunctions, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings, and other similar sanctions.

(3) “Electrology” means the removal of hair by electrical current using needle/probe electrode-type epilation, which would include electrolysis (direct current/DC), thermolysis (alternating current/AC), or a combination of both (superimposed or sequential blend). “Electrology” includes, solely for the purpose of hair removal, the use of lasers approved by the U.S. Food and Drug Administration for electrology by electrologists possessing a special license endorsement set forth in subsection 4404(d) of this chapter. “Electrology” does not include any practice, activity, or treatment that constitutes the practice of medicine, as defined in section 1311 of this title, including injections of any substance or the practices of permanent cosmetics as defined in section 4101 of this title.

(4) “Electrology office” means a facility regularly used to offer or to perform the practice of electrology.

(5) “Practice of electrology” or “practicing electrology” means engaging in the performance of electrology.
26 V.S.A. § 2214 — VT Code / Title 26 / Chapter 41 / Section 2214
§ 2214. Trust and escrow accounts
Status: in_force

(a) Every real estate broker, within five banking days, shall deposit in a trust or escrow account in a bank or other financial institution licensed to do business in this State all earnest money and contract deposits held by him or her as a real estate broker in which the clients or other persons with whom the broker is dealing have an interest. Trust and escrow accounts shall be maintained separate and apart from a broker's individual or office account. The broker shall maintain at the broker's usual place of business, books, records, contracts, and other documents pertinent to or relating to the trust or escrow account and monies therein, which shall be open for inspection by the Commission and its duly authorized agents at the broker's usual place of business during regular business hours. The broker shall notify the Commission, within 10 days after opening any trust or escrow account, of the bank or other financial institution in which the account is located.

(b) If a deposit is reasonably expected to earn a substantial amount of interest, the broker shall, at the request of the person or persons making the deposit, place the deposit in an individual interest-bearing trust or escrow account for the benefit of the beneficial owner. In regard to individual interest-bearing trust and escrow accounts:

(1) Unless otherwise agreed to in writing by all parties, the interest earned shall be applied to the purchase price due from the buyer if the sale is consummated, shall be returned to the buyer if the deposit is returned to the buyer, and shall be payable to the seller if the buyer defaults. Contracts shall carry this language conspicuously above the signature lines.

(2) No checks shall be drawn against uncollected deposits in the account.

(3) None of the contract deposits shall be withdrawn until the contract has been terminated by performance, or by operation of its own terms, or by agreement in writing between all parties involved in the contract, or by order of a court of competent jurisdiction.

(c) If a deposit is not reasonably expected to earn a substantial amount of interest, the broker shall place the deposit in a pooled interest-bearing trust or escrow account and direct that the interest be remitted to the Vermont Housing Finance Agency in accordance with the provisions of 8 V.S.A. § 14210.

(d) The broker shall inform the depositor whether funds are deposited into an individual account pursuant to subsection (b) of this section or in a pooled account pursuant to subsection (c) of this section. The broker shall retain a written statement of this disclosure signed by the beneficial owner of the account.
26 V.S.A. § 3007 — VT Code / Title 26 / Chapter 55 / Section 3007
§ 3007. Board members; appointments
Status: in_force

Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
26 V.S.A. § 1628 — VT Code / Title 26 / Chapter 28 / Section 1628
§ 1628. Practical nurse license renewal
Status: in_force

To renew a license, a practical nurse shall meet continued competency requirements set by the Board by rule.
26 V.S.A. § 3286 — VT Code / Title 26 / Chapter 67 / Section 3286
§ 3286. Exemptions
Status: in_force

(a) The provisions of section 3285 of this chapter shall not apply to a person enrolled in a course of study leading to a degree or certificate in audiology at a school accredited by the American Speech-Language Hearing Association, provided:

(1) the activities and services performed constitute part of a supervised course of study;

(2) the person is designated by a title that clearly indicates the person's student or trainee status; and

(3) the person is under the direct supervision of an audiologist licensed in this State.

(b) In accordance with 21 C.F.R. § 800.30, persons dispensing over-the- counter hearing aids, as defined in 21 C.F.R. § 800.30(b) and meeting the standards established in 21 C.F.R. § 800.30(c)–(f), including self-fitting air- conduction hearing aids, as defined in 21 C.F.R. § 874.3325, shall be exempt from this chapter.
26 V.S.A. § 2212 — VT Code / Title 26 / Chapter 41 / Section 2212
§ 2212. Prohibition
Status: in_force

Except as may be otherwise provided in this chapter, a person, firm, partnership, association, or corporation shall not engage in the business or act in the capacity of real estate broker or salesperson within this State without first obtaining a license therefor.
26 V.S.A. § 3374 — VT Code / Title 26 / Chapter 71 / Section 3374
§ 3374. Data system
Status: in_force

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

(b) A member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:

(1) identifying information;

(2) licensure data;

(3) adverse actions against a license or compact privilege;

(4) nonconfidential information related to alternative program participation;

(5) any denial of application for licensure, and the reason(s) for such denial;

(6) other information that may facilitate the administration of this Compact, as determined by the rules of the Commission; and

(7) current significant investigative information.

(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
26 V.S.A. § 4504 — VT Code / Title 26 / Chapter 87 / Section 4504
§ 4504. Compact privilege
Status: in_force

(a) To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall:

(1) hold an active license in the home state;

(2) have no encumbrance on any state license;

(3) be eligible for a compact privilege in any member state in accordance with section 4503 of this subchapter;

(4) have not had any adverse action against any license or compact privilege within the previous two years from date of application;

(5) notify the Commission that the licensee is seeking the compact privilege within a remote state or states;

(6) pay any applicable fees, including any state fee, for the compact privilege; and

(7) report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.

(c) Except as provided in section 4506 of this subchapter, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.

(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

(e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

(f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.

(g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state.

(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.

(j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

(1) The home state license is no longer encumbered.

(2) Two years have elapsed from the date of the adverse action.

(k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection 4504(a) of this subchapter to obtain a compact privilege in any remote state.

(l) Once the requirements of subsection (j) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.
26 V.S.A. § 2081a — VT Code / Title 26 / Chapter 38 / Section 2081a
§ 2081a. Definitions
Status: repealed

As used in this chapter:

(1) [Repealed.]

(2) “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, suspending or revoking licenses, issuing conditions on practice, warnings, and other similar sanctions.

(3) “Distance consultation” means the rendering of professional or expert opinion or advice to a licensed physical therapist, including the review or transfer of patient records or related information by means of audio, video, or data communications.

(4) “Physical therapist” means a person who has met all the conditions of this chapter and is licensed for the practice of physical therapy in this State.

(5) “Physical therapist assistant” means a person who has met the conditions of this chapter and is licensed to perform selected physical therapy interventions and related tasks that have been assigned by the supervising physical therapist.

(6) “Physical therapy” means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.

(7) “Physical therapy aide” means a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks.

(8) “Practice of physical therapy” means:

(A) examining, evaluating, and testing, in order to determine a plan of care inclusive of appropriate therapeutic interventions and expected outcome and effect of the interventions of individuals with:

(i) mechanical, physiological, and developmental impairments;

(ii) functional limitations in physical movement and mobility;

(iii) disabilities; and

(iv) other movement-related conditions;

(B) alleviating impairments and functional limitations in physical movement and mobility and disabilities by developing, implementing, and modifying treatment interventions; or

(C) reducing the risk of injury, impairment, functional limitation, and disability related to physical movement and mobility, including the promotion and maintenance of fitness, health, and wellness related to movement and function.
26 V.S.A. § 6028 — VT Code / Title 26 / Chapter 109 / Section 6028
§ 6028. Advisors
Status: in_force

(a) The Secretary of State shall appoint two individuals to serve as advisors in matters related to mixed martial arts regulation. Both advisors shall be an individual with at least three years' experience in mixed martial arts as a promoter, participant, or contestant. The advisor appointees shall be appointed for staggered five-year terms and shall serve at the pleasure of the Secretary.

(b) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this subchapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 1441 — VT Code / Title 26 / Chapter 23 / Section 1441
§ 1441. Definitions and purpose
Status: in_force

As used in this subchapter, the term “peer review committee” shall mean the Vermont professional standards review organization or its subsidiary committees, the Vermont Program for Quality in Health Care, Inc. or its subsidiary committees, a peer review committee or other comparable committee established by a health maintenance organization in accordance with the provisions of 18 V.S.A. § 9414, or a committee of a state or local professional association or of a hospital or other health care provider that is formed to evaluate and improve the quality of health care rendered by providers of health services or to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area.
26 V.S.A. § 4503 — VT Code / Title 26 / Chapter 87 / Section 4503
§ 4503. State participation in the Compact
Status: in_force

(a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.

(b) A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.

(1) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.

(2) Communication between a member state, the Commission, and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Pub. L. No. 92-544.

(c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state; whether there are any encumbrances on any license or privilege to practice held by the applicant; and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

(d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.

(e) An audiologist:

(1) must meet one of the following educational requirements:

(A) on or before December 31, 2007, has graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the U.S. Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board;

(B) on or after January 1, 2008, has graduated with a Doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the U.S. Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or

(C) has graduated from an audiology program that is housed in an institution of higher education outside the United States:

(i) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and

(ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;

(2) has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission;

(3) has successfully passed a national examination approved by the Commission;

(4) holds an active, unencumbered license;

(5) has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and

(6) has a valid U.S. Social Security or National Practitioner Identification number.

(f) A speech-language pathologist:

(1) must meet one of the following educational requirements:

(A) has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the U.S. Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or

(B) has graduated from a speech-language pathology program that is housed in an institution of higher education outside the United States:

(i) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and

(ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;

(2) has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission;

(3) has completed a supervised postgraduate professional experience as required by the Commission;

(4) has successfully passed a national examination approved by the Commission;

(5) holds an active, unencumbered license;

(6) has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and

(7) has a valid U.S. Social Security or National Practitioner Identification number.

(g) The privilege to practice is derived from the home state license.

(h) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.

(i) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.

(j) Member states may charge a fee for granting a compact privilege.

(k) Member states must comply with the bylaws and rules and regulations of the Commission.
26 V.S.A. § 3285 — VT Code / Title 26 / Chapter 67 / Section 3285
§ 3285. Prohibitions; penalties
Status: in_force

(a) A person shall not:

(1) practice or attempt to practice audiology or dispense hearing aids or hold oneself out as being permitted to do so in this State unless the person is licensed in accordance with this chapter;

(2) use in connection with the person's name an insignia or any letters or words that indicate the person is an audiologist or a hearing aid dispenser unless the person is licensed in accordance with this chapter; or

(3) practice audiology or dispense hearing aids after the person's license under this chapter has been suspended or revoked.

(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation shall be subject to the pertinent penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 5501 — VT Code / Title 26 / Chapter 106 / Section 5501
§ 5501. Registration required
Status: in_force

(a) A person shall register with the Office of Professional Regulation prior to contracting with a homeowner to perform residential construction in exchange for consideration of more than $10,000.00, including labor and materials.

(b) Unless otherwise exempt under section 5502 of this title, as used in this chapter, “residential construction” means to build, demolish, or alter a residential dwelling unit, or a building or premises with four or fewer residential dwelling units, in this State and includes interior and exterior construction, renovation, and repair; painting; paving; roofing; weatherization; installation or repair of heating, plumbing, solar, electrical, water, or wastewater systems; and other activities the Office specifies by rule consistent with this chapter.
26 V.S.A. § 1256 — VT Code / Title 26 / Chapter 21 / Section 1256
§ 1256. Renewal of registration or license
Status: repealed

(a) Biennially, every licensee shall renew his or her or its registration or license by paying the required fee.

(b) Upon request of the Department of Health or a person authorized to issue burial or removal permits, a licensee shall show proof of current licensure.

(c) [Repealed.]

(d) Applicants and persons regulated under this chapter shall pay the following fees:

(e)(1) In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director or embalmer shall have satisfactorily completed continuing education as required by the Director.

(2) For purposes of this subsection, the Director shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases.
26 V.S.A. § 5212 — VT Code / Title 26 / Chapter 101 / Section 5212
§ 5212. Advisor appointees
Status: in_force

(a)(1) The Secretary of State shall appoint three foresters for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to forestry. One of the initial appointments shall be for less than a five-year term.

(2) An appointee shall have not less than ten years' experience as a forester immediately preceding appointment, shall be licensed as a forester in Vermont, and shall be actively engaged in the practice of forestry in this State during incumbency.

(b) The Director shall seek the advice of the forestry advisor appointees in carrying out the provisions of this chapter.
26 V.S.A. § 4464 — VT Code / Title 26 / Chapter 87 / Section 4464
§ 4464. Unprofessional conduct
Status: repealed

(a) A licensee or applicant shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:

(1) willfully making or filing false reports or records in the practice of speech-language pathology, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper report or record;

(2) aiding or abetting a person, directly or indirectly, to commit an unauthorized practice;

(3) giving, offering to give, or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee;

(4) advertising or making a representation that is intended or has a tendency to deceive the public, including:

(A) advertising a particular type of service or equipment when the particular service or equipment is not available;

(B) advertising or making any statement related to the practice of speech-language pathology that is intended to or tends to deceive or mislead the public;

(C) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, or any other representation;

(5) engaging in any unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453, relating to consumer protection;

(6) willfully failing to honor any representation, promise, or agreement to a client or consumer;

(7) professional negligence or malpractice;

(8) any of the following, except when reasonably undertaken in an emergency situation in order to protect life or health:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing professional or occupational responsibilities that the licensee knows or has reason to know the licensee is not competent to perform; or

(C) performing professional or occupational services that have not been authorized by the consumer or his or her legal representative;

(9) failing to make available, upon request of a person using the licensee's services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting persons;

(10) sexual harassment of a patient or client;

(11) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;

(12) conviction of a crime related to the practice of speech-language pathology or conviction of a felony, whether or not related to the practice of the profession;

(13) [Repealed.]

(14) [Repealed.]

(15) engaging in fraud in connection with any State or federally assisted medical assistance programs; or

(16) violating any part of the Code of Ethics of the American Speech-Language-Hearing Association.
26 V.S.A. § 584 — VT Code / Title 26 / Chapter 12 / Section 584
§ 584. Unprofessional conduct
Status: in_force

The Board may refuse to give an examination or issue a license to practice dentistry, to practice as a dental therapist, or to practice dental hygiene or to register an applicant to be a dental assistant and may suspend or revoke any such license or registration or otherwise discipline an applicant, licensee, or registrant for unprofessional conduct. Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a by an applicant or person licensed or registered under this chapter:

(1) abandonment of a patient;

(2) rendering professional services to a patient if the dentist, dental therapist, dental hygienist, or dental assistant is intoxicated or under the influence of drugs;

(3) promotion of the sale of drugs, devices, appliances, goods, or services provided for a patient in a manner to exploit the patient for financial gain or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes;

(4) division of or agreeing to divide with any person for bringing or referring a patient the fees received for providing professional services to the patient;

(5) willful misrepresentation in treatments;

(6) practicing a profession regulated under this chapter with a dentist, dental therapist, dental hygienist, or dental assistant who is not legally practicing within the State or aiding or abetting such practice;

(7) gross and deceptive overcharging for professional services on single or multiple occasions, including filing of false statements for collection of fees for which services are not rendered;

(8) permitting one's name, license, or registration to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;

(9) practicing dentistry or maintaining a dental office in a manner so as to endanger the health or safety of the public; or

(10) holding out to the public as being specially qualified or announcing specialization in any branch of dentistry by using terms such as “specialist in” or “practice limited to” unless:

(A) the American Dental Association has formally recognized the specialty and an appropriate certifying board for the specialty;

(B) the dentist has met the educational requirements and standards set forth by the Commission on Dental Accreditation for the specialty; or

(C) the dentist is a diplomate of the specialty certifying board recognized by the American Dental Association.
26 V.S.A. § 2906 — VT Code / Title 26 / Chapter 53 / Section 2906
§ 2906. Examination and license fees
Status: in_force

(a) The Commissioner shall adopt rules for the examination and licensing of all applicants under this chapter and may adopt such other rules as are required to carry out the intent or purposes of this chapter.

(b)(1) Fees are established for the issuance of examiner's licenses, internship licenses, and duplicates and renewals thereof.

(2) Fees collected under this subsection shall be credited to a special fund and shall be available to the Department of Public Safety to offset the cost of providing the service.
26 V.S.A. § 3386 — VT Code / Title 26 / Chapter 73 / Section 3386
§ 3386. Examination
Status: in_force

(a) The Director shall examine applicants for certification as dietitians at such times and places as the Director may determine. Each applicant shall be assigned a number so that the applicant's name is not disclosed to the Director until after the examination has been graded.

(b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are granted certification if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of certified persons.

(c) The Director shall administer a written examination on dietetics. Before selecting the examination, the Director shall consult the advisors appointed under section 3384 of this title.

(d) Applicants who are dietitians registered by the Commission on Dietetic Registration shall not be required to take the examination provided for under this section.
26 V.S.A. § 1420l — VT Code / Title 26 / Chapter 23 / Section 1420l
§ 1420l. Powers and duties of the Interstate Commission
Status: in_force

The Interstate Commission shall have a duty and power to:

(1) Oversee and maintain the administration of the Compact;

(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the Compact;

(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;

(4) Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

(5) Establish and appoint committees including, but not limited to, an executive committee as required by section 1420k of this subchapter, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;

(6) Pay or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;

(7) Establish and maintain one or more offices;

(8) Borrow, accept, hire, or contract for services of personnel;

(9) Purchase and maintain insurance and bonds;

(10) Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants and to determine their qualifications, define their duties, and fix their compensation;

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

(12) Accept donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of it in a manner consistent with the conflict-of-interest policies established by the Interstate Commission;

(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;

(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(15) Establish a budget and make expenditures;

(16) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;

(17) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;

(18) Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;

(19) Maintain records in accordance with the bylaws;

(20) Seek and obtain trademarks, copyrights, and patents; and

(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.
26 V.S.A. § 622 — VT Code / Title 26 / Chapter 12 / Section 622
§ 622. Licensure by endorsement
Status: in_force

The Board may grant a license to practice dental hygiene to an applicant who is a graduate of a program of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association and who:

(1) is currently licensed in good standing to practice dental hygiene in any jurisdiction of the United States or Canada that has licensing requirements deemed by the board to be substantially equivalent to those of this State;

(2) has successfully completed an approved emergency office procedures course;

(3) has successfully completed the dental hygienist jurisprudence examination; and

(4) has met active practice and any other requirements established by the Board by rule.
26 V.S.A. § 2062 — VT Code / Title 26 / Chapter 36 / Section 2062
§ 2062. Application
Status: in_force

(a) The Board shall specify by rule the procedures to be followed for licensure.

(b) Applications for licenses shall include the following information about the proposed drug outlet:

(1) ownership;

(2) location;

(3) identity of pharmacist licensed to practice in the State, who shall be the pharmacist in charge of the drug outlet, in a retail or institutional drug outlet and such further information as the Board may deem necessary.

(c) Licenses issued by the Board pursuant to this chapter shall not be transferable or assignable.

(d) The Board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The Board is specifically authorized to require that the portion of the facility to which such license applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise, and to provide such other special requirements as deemed necessary.
26 V.S.A. § 1404 — VT Code / Title 26 / Chapter 23 / Section 1404
§ 1404. Applicant for expedited licensure; fingerprint data
Status: in_force

(a) An applicant for expedited licensure pursuant to section 1420e of this chapter shall submit a full set of fingerprints to the Board for the purpose of obtaining State and federal criminal background checks pursuant to subdivision 1420e(b)(2) of this chapter. The Department of Public Safety may exchange fingerprint data with the Federal Bureau of Investigation.

(b) Communications between the Board and the Interstate Medical Licensure Compact Commission regarding verification of physician eligibility for licensure under the Interstate Medical Licensure Compact shall not include any information received from the Federal Bureau of Investigation related to State and federal criminal background checks performed for the purposes of subdivision 1420e(b)(2) of this chapter.
26 V.S.A. § 2197 — VT Code / Title 26 / Chapter 39 / Section 2197
§ 2197. Penalty
Status: in_force

Any person who installs any plumbing or specialty installation or who advertises as such, except as provided in section 2198 of this title, without first having obtained an appropriate license under this chapter or who employs a person to perform any plumbing work for which the employee is not licensed or procures any license wrongfully or by fraud, shall be fined not more than $1,000.00 for each offense. (1959, No. 215, § 15, eff. June 2, 1959; amended 1967, No. 295 (Adj. Sess.), § 8, eff. March 20, 1968; 1969, No. 84, § 8, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 5; 1993, No. 176 (Adj. Sess.), § 17.)
26 V.S.A. § 3053 — VT Code / Title 26 / Chapter 56 / Section 3053
§ 3053. Telehealth licensure or telehealth registration required
Status: in_force

(a) A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont but is licensed, certified, or registered in good standing in all other U.S. jurisdictions in which the health care professional is or has been licensed, certified, or registered and who wishes to provide health care services to a patient or client located in Vermont using telehealth shall obtain a telehealth license or telehealth registration from the Office or the Board in accordance with this chapter.

(b) A telehealth license or telehealth registration issued pursuant to this chapter shall authorize a health care professional to provide services to a patient or client located in Vermont using telehealth only. Telehealth licensure or telehealth registration does not authorize the health care professional to open an office in Vermont or to provide in-person health care services to patients or clients located in Vermont.

(c) A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont and provides health care services in Vermont using telehealth without a telehealth registration or telehealth license, or provides services beyond the limitations of the telehealth registration or telehealth license, is engaged in unauthorized practice as defined in 3 V.S.A. § 127 and section 1314 of this title and is subject to the penalties set forth in those sections.
26 V.S.A. § 5102 — VT Code / Title 26 / Chapter 99 / Section 5102
§ 5102. Definitions
Status: in_force

As used in this chapter:

(1) “Director” means the Director of the Office of Professional Regulation.

(2) “License” means a current authorization granted by the Director permitting the practice of pollution abatement facility operation.

(3) “Permit,” when used as a noun, means an authorization by the Agency of Natural Resources to operate a facility regulated under 10 V.S.A. § 1263.

(4) “Practice of pollution abatement facility operation” means the operation and maintenance of a facility regulated under 10 V.S.A. § 1263 by a person required by the terms of a permit to hold particular credentials, including those of an “operator,” “assistant chief operator,” or “chief operator.”

(5) “Pollution abatement facility operator” means a person who is licensed under this chapter, or pursuant to rules developed pursuant to this chapter, to engage in the practice of pollution abatement facility operation consistent with a permit.
26 V.S.A. § 561 — VT Code / Title 26 / Chapter 12 / Section 561
§ 561. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Dental Examiners.

(2) “Director” means the Director of the Office of Professional Regulation.

(3) “Practicing dentistry” means an activity in which a person:

(A) undertakes by any means or method to diagnose or profess to diagnose or to treat or profess to treat or to prescribe for or profess to prescribe for any lesions, diseases, disorders, for deficiencies of the human oral cavity, teeth, gingiva, maxilla, or mandible or adjacent associated structures;

(B) extracts human teeth or corrects malpositions of the teeth or jaws;

(C) furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges, appliances, or other structures to be used or worn as substitutes for natural teeth or adjusts those structures, except on the written prescription of a duly licensed dentist and by the use of impressions or casts made by a duly licensed and practicing dentist;

(D) administers general dental anesthetics;

(E) administers local dental anesthetics, except dental hygienists as authorized by Board rule; or

(F) engages in any of the practices included in the curricula of recognized dental colleges.

(4) “Dental therapist” means an individual licensed to practice as a dental therapist under this chapter.

(5) “Dental hygienist” means an individual licensed to practice as a dental hygienist under this chapter.

(6) “Dental assistant” means an individual registered to practice as a dental assistant under this chapter.

(7) “Direct supervision” means supervision by a licensed dentist who is readily available at the dental facility for consultation or intervention.

(8) “General supervision” means:

(A) the direct or indirect oversight of a dental therapist by a dentist, which need not be on-site; or

(B) the oversight of a dental hygienist by a dentist as prescribed by Board rule in accordance with sections 582 and 624 of this chapter.
26 V.S.A. § 4171 — VT Code / Title 26 / Chapter 84 / Section 4171
§ 4171. Definitions [Effective July 1, 2026]
Status: in_force

As used in this chapter:

(1) “Certified community-based perinatal doula” means a community-based perinatal doula who holds a certificate issued pursuant to this chapter.

(2) “Community-based doula” means an individual who provides doula services to under-resourced and marginalized populations at low or no cost, often through a community-based agency.

(3) “Community-based perinatal doula” means a community-based doula who provides doula services to individuals during the perinatal period.

(4) “Director” means the Director of the Office of Professional Regulation.

(5) “Doula” means a nonclinical, nonmedical individual who provides direct emotional and physical support and educational and informational services to birthing individuals before, during, and after labor and childbirth.

(6) “Perinatal” means the period of time encompassing pregnancy, childbirth, and up to one year postpartum.
26 V.S.A. § 5026 — VT Code / Title 26 / Chapter 97 / Section 5026
§ 5026. Unprofessional conduct
Status: in_force

(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant:

(1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice as a licensed designer;

(2) whether or not committed in this State, has been convicted of a crime related to water system design or installation or a felony that evinces an unfitness to practice design;

(3) is unable to practice design competently by reason of any cause;

(4) has willfully or repeatedly violated or caused the violation of any of the provisions of this chapter, the terms of a permit, the Vermont On-Site Wastewater and Potable Water Supply Regulations, or the Vermont Water Quality Standards;

(5) is habitually intemperate or is addicted to the use of habit-forming drugs;

(6) has a mental, emotional, or physical disability, the nature of which interferes with the ability to practice design competently;

(7) engages in conduct of a character likely to deceive, defraud, or harm the public;

(8) has reviewed or acted on permit applications for a potable water supply or wastewater system that he or she designed or installed.

(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a licensed designer.
26 V.S.A. § 4175 — VT Code / Title 26 / Chapter 84 / Section 4175
§ 4175. Eligibility [Effective July 1, 2026]
Status: in_force

To be eligible for certification as a certified community-based perinatal doula, an applicant shall complete and submit an application in the manner prescribed by the Director by rule, accompanied by the applicable fees, and evidence satisfactory to the Director that the applicant:

(1) is at least 18 years of age;

(2) has sufficient and appropriate competencies in community-based perinatal doula services, whether acquired through experience, mentorship, training, formal education, or a combination of these, as determined by the Director by rule; and

(3) has passed any criminal history background or registry checks required by the Director by rule.
26 V.S.A. § 4452 — VT Code / Title 26 / Chapter 87 / Section 4452
§ 4452. Prohibitions; penalties
Status: in_force

(a) A person shall not:

(1) practice or attempt to practice speech-language pathology or hold oneself out as being permitted to do so in this State unless the person is licensed in accordance with this chapter;

(2) use in connection with the person's name an insignia or any letters or words that indicate the person is a speech-language pathologist unless the person is licensed in accordance with this chapter; or

(3) practice speech-language pathology after the person's license under this chapter has been suspended or revoked.

(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation shall be subject to the pertinent penalties provided in 3 V.S.A. § 127.