26 V.S.A. § 4081 — VT Code / Title 26 / Chapter 78 / Section 4081
§ 4081. Legislative intent
Status: in_force

It is the intent of this chapter:

(1) To ensure that consumers of psychotherapy services are provided with the information relating to the training and qualification of nonlicensed and noncertified providers of psychotherapy necessary to enable them to make informed decisions concerning their choice of providers.

(2) That psychotherapists who are nonlicensed and noncertified are entered on a roster and practice according to established standards of professional conduct and be subject to disciplinary procedures if they fail to adhere to those standards.

(3) That the term psychotherapy as used in this chapter be narrowly interpreted to ensure that only those persons who provide services that clearly fall within the definition of psychotherapy are subject to the provisions of this chapter.
26 V.S.A. § 4055 — VT Code / Title 26 / Chapter 77 / Section 4055
§ 4055. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two certified psychoanalysts to serve as advisors in matters relating to psychoanalysts. They 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 shall be for less than a full term.

(b) Appointees shall have at least five years of experience as psychoanalysts during the period immediately preceding appointment and shall be actively practicing certified psychoanalysts in Vermont and remain in good standing during incumbency.

(c) The Director shall seek the advice of the certified psychoanalysts appointed under this section in carrying out the provisions of this chapter. These members 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. § 524 — VT Code / Title 26 / Chapter 10 / Section 524
§ 524. Reporting of contagious and infectious diseases; death certificates
Status: in_force

Chiropractors shall be subject to the provisions of the law relating to contagious and infectious diseases and to the granting of certificates of deaths.
26 V.S.A. § 5345 — VT Code / Title 26 / Chapter 103 / Section 5345
§ 5345. Prohibitions; offenses
Status: in_force

(a) A person shall not perform or attempt to perform a notarial act or hold himself or herself out as being able to do so in this State without first having been commissioned.

(b) A person shall not use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a notary public unless commissioned in accordance with this chapter.

(c) A person shall not perform or attempt to perform a notarial act while his or her commission has been revoked or suspended.

(d) A person who violates a provision of this section shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State's Attorney and shall not act as a bar to civil or administrative proceedings involving the same conduct.

(e) A commission as a notary public shall not authorize an individual to assist a person in drafting legal records, give legal advice, or otherwise practice law.

(f) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public.
26 V.S.A. § 3016a — VT Code / Title 26 / Chapter 55 / Section 3016a
§ 3016a. Disciplinary action
Status: in_force

(a) After giving opportunity for hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.

(b) In connection with any disciplinary action, the Board may:

(1) refuse to accept the return of a license tendered by the subject of a disciplinary investigation;

(2) refuse to license a person who has been found guilty or who is under investigation in another jurisdiction for an offense that would constitute unprofessional conduct in this State;

(3) issue warnings to a licensee;

(4) suspend, revoke, or reinstate licenses;

(5) notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against an applicant or licensee, provided that the Board has taken disciplinary action against that person or the Board had made a finding after opportunity for hearing that there is probable cause to believe that disciplinary action is warranted; and

(6) require restitution of fees received from a complainant.

(c) The Board shall investigate all complaints and charges of unprofessional conduct against any licensee. The Board shall not discontinue a pending investigation or disciplinary case by reason of the absence of the applicant or licensee from the State.
26 V.S.A. § 5362 — VT Code / Title 26 / Chapter 103 / Section 5362
§ 5362. Authorized notarial acts
Status: in_force

(a) A notary public may perform a notarial act as authorized by and in accordance with the requirements of this chapter or otherwise by law of this State.

(b) A notary public shall not perform a notarial act with respect to a record to which the notary public or the notary public's spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

(c) A notary public may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
26 V.S.A. § 1611 — VT Code / Title 26 / Chapter 28 / Section 1611
§ 1611. Advanced practice registered nurse licensure
Status: in_force

To be eligible for an APRN license, an applicant shall:

(1) Have a degree or certificate from a Vermont graduate nursing program approved by the Board or a U.S. graduate program approved by a state or a national accrediting agency that includes a curriculum substantially equivalent to Vermont programs approved by the Board. The educational program shall meet the educational standards set by the national accrediting board and the national certifying board. Programs shall include a supervised clinical component in the role and population focus of the applicant's certification. The program shall prepare nurses to practice advanced nursing in a role as a nurse practitioner, certified nurse midwife, certified nurse anesthetist, or clinical nurse specialist in psychiatric or mental health nursing and shall include, at a minimum, graduate level courses in:

(A) advanced pharmacotherapeutics;

(B) advanced patient assessment; and

(C) advanced pathophysiology.

(2) Hold current advanced nursing certification in a role and population focus granted by a national certifying organization recognized by the Board.
26 V.S.A. § 3236b — VT Code / Title 26 / Chapter 62 / Section 3236b
§ 3236b. Licensure or certification by endorsement
Status: in_force

The Director may issue a license or certification to an individual under this chapter if the individual holds a license or certification from a U.S. or Canadian jurisdiction that the Director finds has requirements for licensure or certification that are substantially equivalent to those required under this chapter.
26 V.S.A. § 2672 — VT Code / Title 26 / Chapter 47 / Section 2672
§ 2672. Qualifications
Status: in_force

A person shall not be licensed under this chapter, except as otherwise provided in this chapter, unless he or she has obtained a high school education or its equivalent and:

(1) Education. Has completed:

(A) at least a two-year course of study in a school of ophthalmic dispensing approved by the Director or a school that is a candidate for accreditation by an accreditation agency approved by the U.S. Department of Education and by the Director;

(B) at least two years of practical training and experience, approved by the Director, under the supervision of a licensed optician, ophthalmologist, or optometrist; or

(C) the National Academy of Opticianry Ophthalmic Career Progression Program, including at least one year of practical training and experience, approved by the Director, under the supervision of a licensed optician, ophthalmologist, or optometrist; and

(2) Examination. Has passed an examination recognized by the Director that shall include assessment of competency in ophthalmic materials; laboratory, practical, and physiological optics; prescription interpretation; dispensing preparation; adjustment of lenses, spectacles, eyeglasses, prisms, tinted lenses, and appurtenances; the use of lensometers or equivalent instruments; adjusting instruments; and pupillary and facial measurements.
26 V.S.A. § 2101 — VT Code / Title 26 / Chapter 38 / Section 2101
§ 2101. Eligibility
Status: in_force

(a) An applicant for a license as a physical therapist shall:

(1) be a graduate of a professional physical therapy education program accredited by a national accreditation agency approved by the Director;

(2) pass an examination approved by the Director; and

(3) pass an approved English proficiency exam if the applicant's native language is not English.

(b) An applicant for a license as a physical therapist who has been educated outside the United States and has graduated from a professional physical therapy education program not accredited by a national accreditation agency approved by the Director shall:

(1) provide satisfactory evidence that the applicant's education is substantially equivalent to the requirements of physical therapists educated in an accredited education program as determined by the Director. For the purpose of this section, “substantially equivalent” means that an applicant for licensure educated outside the United States shall have:

(A) graduated from a physical therapist education program that prepares the applicant to engage in the practice of physical therapy without restriction;

(B) provided written proof that the applicant's school of physical therapy education is recognized by its own ministry or department of education;

(C) undergone a credentials evaluation as directed by the Director that demonstrates that the candidate has met uniform criteria for educational requirements as adopted by rule; and

(D) completed any additional education as required by the Director;

(2) pass an approved English proficiency examination if the applicant's native language is not English; and

(3) pass an examination approved by the Director.

(c) An applicant for licensure as a physical therapist assistant shall:

(1) be a graduate of a physical therapist assistant education program accredited by a national accreditation agency approved by the Director;

(2) pass an approved English proficiency examination if the applicant's native language is not English; and

(3) pass an examination approved by the Director.
26 V.S.A. § 4703 — VT Code / Title 26 / Chapter 91 / Section 4703
§ 4703. Professional identification
Status: in_force

(a) A person holding a license to practice respiratory care in this State shall use the title “respiratory care practitioner” and the abbreviation “R.C.P.”

(b) A licensee shall show his or her license when requested.

(c) A person matriculated in an accredited respiratory education program shall use the title “student respiratory therapist” and the abbreviation “S.R.T.”
26 V.S.A. § 208 — VT Code / Title 26 / Chapter 3 / Section 208
§ 208. Seal
Status: in_force

Each licensee shall obtain a seal of such design as the Board shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of, a licensed architect shall be stamped with the licensee's seal.
26 V.S.A. § 3239 — VT Code / Title 26 / Chapter 62 / Section 3239
§ 3239. Unprofessional conduct
Status: repealed

The following conduct and the conduct set forth in 3 V.S.A. § 129a, by a person authorized to provide alcohol and drug abuse services under this chapter or an applicant for licensure or certification, constitutes unprofessional conduct:

(1) violation of any provision of this chapter or rule adopted under this chapter;

(2) failing to use a complete title in professional activity;

(3) conduct that evidences moral unfitness to practice alcohol and drug abuse counseling;

(4) negligent, incompetent, or wrongful conduct in the practice of alcohol and drug abuse counseling; or

(5) harassing, intimidating, or abusing a client.

(6) [Repealed.]
26 V.S.A. § 5121 — VT Code / Title 26 / Chapter 99 / Section 5121
§ 5121. Eligibility for licensure
Status: in_force

(a) To be eligible for licensure as a pollution abatement facility operator, an applicant shall be at least 18 years of age; be able to read and write the English language; and demonstrate such specific education, training, experience, and examination performance as the Director may by rule require to hold the class of license sought.

(b) The Director may waive examination for an applicant licensed or certified in good standing by a foreign jurisdiction found by the Director to enforce equivalent standards to obtain the class of license sought in this State. The applicant's previous job description and experience in the pollution abatement field may be considered.
26 V.S.A. § 5373 — VT Code / Title 26 / Chapter 103 / Section 5373
§ 5373. Validity of notarial acts
Status: in_force

(a) Except as otherwise provided in subsection 5372(b) of this chapter, the failure of a notary public to perform a duty or meet a requirement specified in this chapter shall not impair the marketability of title or invalidate a notarial act or a certification evidencing the notarial act.

(b) An acknowledgment that contains a notary commission expiration date that is either inaccurate or expired shall not invalidate the acknowledgment if it can be established that on the date the acknowledgment was taken, the notary public's commission was active.

(c) The validity of a notarial act under this chapter shall not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States.

(d) Defects in the written evidence of acknowledgment in a document in the public records may be cured by the notary public who performed the original notarial act. The notary public shall, under oath and before a different notary public, execute a writing correcting any defect. Upon recording, the corrective document corrects any deficiency and ratifies the original written evidence of acknowledgment as of the date the acknowledgment was originally taken.

(e) Notwithstanding any provision of law to the contrary, a document that conveys an interest in real property shall be recordable in the land records and, if recorded, shall be sufficient for record notice to third parties, notwithstanding the failure of a notary public to perform any duty or meet any requirement specified in this chapter. Such failure includes the failure to comply in full or in part with the requirements of sections 5367-5369 of this title.

(f) This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
26 V.S.A. § 601 — VT Code / Title 26 / Chapter 12 / Section 601
§ 601. License by examination
Status: in_force

To be eligible for licensure as a dentist, an applicant shall:

(1) have attained the age of majority;

(2) be a graduate of:

(A) a dental college accredited by the Commission on Dental Accreditation of the American Dental Association; or

(B) a program of foreign dental training and a postgraduate program accredited by the Commission on Dental Accreditation of the American Dental Association that is acceptable to the Board; and

(3) meet the certificate, examination, and training requirements established by the Board by rule.
26 V.S.A. § 4901 — VT Code / Title 26 / Chapter 95 / Section 4901
§ 4901. Purpose and effect
Status: in_force

In order to safeguard the life and health of the people of this State, a person shall not hold himself or herself out as practicing, practice, or offer to practice, as an applied behavior analyst or an assistant behavior analyst unless currently licensed under this chapter.
26 V.S.A. § 2137 — VT Code / Title 26 / Chapter 38 / Section 2137
§ 2137. Adverse actions
Status: in_force

(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.

(b) A home state may take adverse action based on the investigative information of a remote state, provided the home state follows its own procedures for imposing adverse action.

(c) 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 and that such participation shall remain nonpublic if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

(e) A remote state shall have the authority to:

(1) Take adverse actions as set forth in subsection 2134(d) of this title against a licensee's compact privilege in the state.

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party 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 authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.

(3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

(f) Joint Investigations.

(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a 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.
26 V.S.A. § 1647j — VT Code / Title 26 / Chapter 28 / Section 1647j
§ 1647j. Effective date, withdrawal, and amendment
Status: in_force

(a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by not fewer than 26 states or December 31, 2018. All party states to this Compact that also were parties to the prior Nurse Licensure Compact superseded by this Compact (“Prior Compact”) shall be deemed to have withdrawn from the Prior Compact within six months after the effective date of this Compact.

(b) Each party state to this Compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.

(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six months after enactment of the repealing statute.

(d) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

(e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this Compact.

(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

(g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
26 V.S.A. § 532 — VT Code / Title 26 / Chapter 10 / Section 532
§ 532. Examinations
Status: in_force

(a) The Board, or an examination service selected by the Board, shall examine applicants for licensure. The examinations may include the following subjects: anatomy, physiology, physiotherapy, diagnosis, hygiene, orthopedics, histology, pathology, neurology, chemistry, bacteriology, x-ray interpretation, x-ray technic and radiation protection, and principles of chiropractic. The Board may use a standardized national examination.

(b) In addition to the examination required by subsection (a) of this section, an applicant shall demonstrate proficiency in vertebral palpation, and spinal adjustment and may also be required to demonstrate proficiency in the practical application of orthopedics, neurology, x-ray interpretation and principles of ionizing radiation, laboratory diagnosis, and clinical diagnosis as they relate to the practice of chiropractic.

(c) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure that all applicants are granted licensure if they demonstrate that they possess the minimum qualifications that are consistent with protecting the public health, safety, and welfare.
26 V.S.A. § 1647c — VT Code / Title 26 / Chapter 28 / Section 1647c
§ 1647c. General provisions and jurisdiction
Status: in_force

(a) A multistate license to practice registered or licensed practical or vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as an RN or LPN/VN, under a multistate licensure privilege, in each party state.

(b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. 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.

(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

(1) meets the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws;

(2)(A) has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN pre-licensure education program; or

(B) has graduated from a foreign RN or LPN/VN pre-licensure education program that has been:

(i) approved by the authorized accrediting body in the applicable country; and

(ii) verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;

(3) has, if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;

(4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor, as applicable;

(5) is eligible for or holds an active, unencumbered license;

(6) has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records;

(7) has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;

(8) has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

(9) is not currently enrolled in an alternative program;

(10) is subject to self-disclosure requirements regarding current participation in an alternative program; and

(11) has a valid U.S. Social Security number.

(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege, such as revocation, suspension, probation, or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

(e) A nurse practicing in a party 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 nursing is not limited to patient care but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

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

(g) Any nurse holding a home state multistate license on the effective date of this Compact may retain and renew the multistate license issued by the nurse's then-current home state, provided that:

(1) A nurse who changes primary state of residence after this Compact's effective date must meet all applicable requirements of subsection (c) of this section to obtain a multistate license from a new home state.

(2) A nurse who fails to satisfy the multistate licensure requirements in subsection (c) of this section due to a disqualifying event occurring after this Compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.
26 V.S.A. § 4041a — VT Code / Title 26 / Chapter 76 / Section 4041a
§ 4041a. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 2023 — VT Code / Title 26 / Chapter 36 / Section 2023
§ 2023. Clinical pharmacy; prescribing
Status: in_force

(a) In accordance with applicable rules adopted by the Board, a pharmacist may engage in the practice of clinical pharmacy, including prescribing as set forth in subsection (b) of this section, provided that a pharmacist shall not:

(1) prescribe a regulated drug as defined in 18 V.S.A. § 4201;

(2) prescribe a biological product as defined in 18 V.S.A. § 4601, other than an insulin medication, an influenza vaccine or vaccine to mitigate a significant public health risk, or, pursuant to a collaborative practice agreement, another vaccine; or

(3) initiate antibiotic therapy, except pursuant to a collaborative practice agreement.

(b) A pharmacist may prescribe in the following contexts:

(1) Collaborative practice agreement. A pharmacist may prescribe, for the patient or patients of a prescribing practitioner licensed pursuant to this title, within the scope of a written collaborative practice agreement with that primary prescriber.

(A) The collaborative practice agreement shall require the pharmacist and collaborating practitioner to contemporaneously notify each other of any change in the patient's pharmacotherapy or known medical status.

(B) Under a collaborative practice agreement, a pharmacist may select or modify antibiotic therapy for a diagnosed condition under the direction of the collaborating practitioner.

(2) State protocol.

(A) A pharmacist may prescribe, order, or administer in a manner consistent with valid State protocols that are approved by the Commissioner of Health after consultation with the Director of Professional Regulation and the Board and the ability for public comment:

(i) opioid antagonists;

(ii) epinephrine auto-injectors;

(iii) tobacco cessation products;

(iv) tuberculin purified protein derivative products;

(v) self-administered hormonal contraceptives, including subcutaneous depot medroxyprogesterone acetate;

(vi) dietary fluoride supplements;

(vii) for patients 18 years of age or older, vaccinations recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) and administered consistently with the ACIP-approved immunization schedules, as may be amended from time to time;

(viii) for patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof;

(ix) in the event of a significant public health risk, an appropriate vaccine to mitigate the effects on public health after finding that existing channels for vaccine administration are insufficient to meet the public health need;

(x) emergency prescribing of albuterol or glucagon while contemporaneously contacting emergency services;

(xi) tests for COVID-19 for individuals by entities holding a Certificate of Waiver pursuant to the Clinical Laboratory Amendments of 1988 (42 U.S.C. § 263a). If a test for COVID-19, prescribed, ordered, or administered by a pharmacist in accordance with this section and the resulting State protocol incidentally detects influenza or human respiratory syncytial virus, a pharmacist shall advise the individual tested that the results indicate influenza or human respiratory syncytial virus infection and recommend to the individual to seek further care from an appropriate health care provider;

(xii) tests for SARS-CoV for asymptomatic individuals or related serology for individuals by entities holding a Certificate of Waiver pursuant to the Clinical Laboratory Amendments of 1988 (42 U.S.C. § 263a); and

(xiii) emergency contraception.

(B)(i) State protocols shall be valid if signed by the Commissioner of Health and the Director of Professional Regulation, and the Board of Pharmacy shall feature the active protocol conspicuously on its website.

(ii) The Commissioner of Health may invalidate a protocol if the Commissioner finds that the protocol's continued operation would pose an undue risk to the public health, safety, or welfare and signs a declaration to that effect. Upon such a declaration, the Director shall remove the invalidated protocol from the Board website and shall cause electronic notice of the protocol's discontinuation to be transmitted to all Vermont drug outlets.

(3) Accessory devices. A pharmacist may prescribe accessory-type devices, such as spacers, needles, and diabetic testing supplies, where clinically indicated in the judgment of the pharmacist.

(4) Prescriber-authorized substitution. A prescribing practitioner licensed pursuant to this title may authorize a pharmacist to substitute a drug with another drug in the same therapeutic class that would, in the opinion of the pharmacist, have substantially equivalent therapeutic effect even though the substitute drug is not a therapeutic equivalent drug, provided:

(A) the prescriber has clearly indicated that drug product substitution is permissible by indicating “therapeutic substitution allowed” or similar designation;

(B) the drug product substitution is intended to ensure formulary compliance with the patient's health insurance plan or otherwise to minimize cost to the patient;

(C) the patient's voluntary, informed consent is obtained in writing; and

(D) the pharmacist or designee notifies the prescriber which drug was dispensed as a substitute within five days of dispensing.

(5) Over-the-counter availability. A pharmacist may prescribe over-the-counter drugs where appropriate to reduce costs to the patient, such as by drawing from a health savings account or flexible spending account.

(6) Short-term extensions.

(A) A pharmacist may extend a previous prescription in the absence of a collaborative practice agreement or a State protocol so long as the pharmacist provides only sufficient quantity to the patient until the patient is able to consult with another practitioner, not to exceed a five-day supply or the smallest available unit, and takes all reasonable measures to notify the patient's primary care provider of record or the appropriate original prescriber, if the original prescriber is different from the primary care provider of record.

(B) A short-term extension shall be provided on a one-time basis.

(c) Board rules shall:

(1) specify the required elements of a collaborative practice agreement;

(2) prohibit conflicts of interest and inappropriate commercial incentives related to prescribing, such as reimbursement based on brands or numbers of prescriptions filled, renewing prescriptions without request by a patient, steering patients to particular brands or selections of products based on any commercial relationships, or acceptance of gifts offered or provided by manufactures in violation of 18 V.S.A. § 4631a;

(3) define appropriate bounds of short-term extension prescribing; and

(4) establish minimum standards for patient privacy in clinical consultation.
26 V.S.A. § 2598 — VT Code / Title 26 / Chapter 45 / Section 2598
§ 2598. Unprofessional conduct
Status: repealed

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a.

(b) Unprofessional conduct includes the following actions by a licensee:

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

(2) accepting and performing responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(3) making any material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

(4) [Repealed.]

(5) willfully acting, while serving as a Board member, in any way to contravene the provisions of this chapter and thereby artificially restrict the entry of qualified persons into the profession;

(6) using the licensee's seal on documents prepared by others not in the licensee's direct supervision, or using the seal of another.
26 V.S.A. § 3401 — VT Code / Title 26 / Chapter 75 / Section 3401
§ 3401. Definitions
Status: in_force

As used in this chapter:

(1) “Acupuncture” or the “practice of acupuncture” means the insertion of fine needles through the skin at certain points on the body, with or without the application of electric current or the application of heat to the needles or skin, or both, for the purpose of promoting health and well-being or to prevent or alleviate pain or unease.

(2) “Licensed acupuncturist” means a person who is licensed to practice acupuncture under this chapter.

(3) “Director” means the Director of the Office of Professional Regulation.
26 V.S.A. § 3369 — VT Code / Title 26 / Chapter 71 / Section 3369
§ 3369. Compact privilege
Status: in_force

(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

(1) Hold a license in the home state.

(2) Have a valid United States Social Security Number or National Practitioner Identification number.

(3) Have no encumbrance on any state license.

(4) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g), and (h) of this section.

(5) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion.

(6) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s).

(7) Pay any applicable fees, including any state fee, for the compact privilege.

(8) Complete a criminal background check in accordance with subdivision 3368(a)(5) of this title. The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check.

(9) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege.

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

(b) 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.

(c) A licensee providing Occupational Therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.

(e) A licensee providing Occupational Therapy 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. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

(f) 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; and

(2) two years have elapsed from the date on which the home state license is no longer encumbered in accordance with subdivision (1) of this subsection.

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

(h) If a licensee's compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:

(1) the specific period of time for which the compact privilege was removed has ended;

(2) all fines have been paid and all conditions have been met;

(3) two years have elapsed from the date of completing requirements for subdivisions (1) and (2) of this subsection; and

(4) the compact privileges are reinstated by the Commission, and the compact data system is updated to reflect reinstatement.

(i) If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.

(j) Once the requirements of subsection (h) 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. § 3390 — VT Code / Title 26 / Chapter 73 / Section 3390
§ 3390. Unprofessional conduct
Status: in_force

(a) Unprofessional conduct means misusing a title in professional activity and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a certified dietitian or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a certified dietitian or applicant.
26 V.S.A. § 5375 — VT Code / Title 26 / Chapter 103 / Section 5375
§ 5375. Notarial act under authority of federally recognized Indian tribe
Status: in_force

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this State, if the act performed in the jurisdiction of the tribe is performed by:

(1) a notary public of the tribe;

(2) a judge, clerk, or deputy clerk of a court of the tribe; or

(3) any other individual authorized by the law of the tribe to perform the notarial act.

(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act.
26 V.S.A. § 5379 — VT Code / Title 26 / Chapter 103 / Section 5379
§ 5379. Notarial act performed for remotely located individual
Status: in_force

(a) A remotely located individual may comply with section 5364 of this chapter by using communication technology to appear before a notary public with a special commission endorsement.

(b) A notary public located in this State may perform a notarial act using communication technology for a remotely located individual if:

(1) the notary public holds a special commission endorsement pursuant to subsection 5341(d) of this title;

(2) the notary public:

(A) has personal knowledge under subsection 5365(a) of this chapter of the identity of the individual;

(B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under subsection 5365(b) of this chapter; or

(C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;

(3) the notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;

(4) the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and

(5) for a remotely located individual located outside the United States:

(A) the record:

(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or

(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and

(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(c) A notary public in this State may use communication technology under subsection (b) of this section to take an acknowledgement of a signature on a tangible record physically present before the notary public if the record is displayed to and identified by the remotely located individual during the audiovisual recording under subdivision (b)(4) of this section.

(d) The requirement under subdivision (b)(3) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:

(1) the remotely located individual:

(A) during the audiovisual recording under subdivision (b)(4) of this section, signs:

(i) the record; and

(ii) a declaration, in substantially the following form, that is part of or securely attached to the record:

I declare under penalty of perjury that the record of which this declaration is part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on _________________________________________ (date). Signature of remotely located individual _______________________________________________________________________ Printed name of remotely located individual _______________________________________; and

(B) sends the record and declaration to the notary public not later than three days after the notarial act was performed; and

(2) the notary public:

(A) in the audiovisual recording under subdivision (b)(4) of this section, records the individual signing the record and declaration; and

(B) after receipt of the record and declaration from the individual, executes a certificate of notarial act under section 5367 of this chapter, which must include a statement in substantially the following form:

I, (name of notary public), witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date).

(e) A notarial act performed in compliance with subsection (d) of this section complies with subdivision 5367(a)(1) of this chapter and is effective on the date the remotely located individual signed the declaration under subdivision (d)(1)(A)(ii) of this section.

(f) Subsection (d) of this section does not preclude use of another procedure to satisfy subdivision (b)(3) of this section for a notarial act performed with respect to a tangible record.

(g) A notary public located in this State may use communication technology under subsection (b) of this section to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other law of this State, the notary public:

(1) identifies the individual under subdivision (b)(2) of this section;

(2) creates or causes the creation under subdivision (b)(4) of this section of an audiovisual recording of the individual taking the oath or affirmation; and

(3) retains or causes the retention under subsection (k) of this section of the recording.

(h) The notary public shall ensure that the communication technology and identity proofing used to perform a notarial act for a remotely located individual complies with section 5380 of this chapter and any standards adopted by the Office in accordance with section 5323 of this chapter.

(i) If a notarial act is performed under this section, the certificate of notarial act required by section 5367 of this chapter and the short-form certificate provided in section 5368 of this chapter must indicate that the notarial act was performed using communication technology.

(j) A short-form certificate provided in section 5368 of this chapter for a notarial act subject to this section is sufficient if it:

(1) complies with rules adopted under section 5323 of this chapter; or

(2) is in the form provided in section 5367 of this chapter and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”

(k) A notary public, guardian, conservator, or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subdivision (b)(4) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rules adopted under section 5323 of this chapter, the recording must be retained for a period of at least 10 years after the recording is made.

(l) Providers of the communication technologies, identity proofing, or storage must be registered with the Secretary of State to do business in Vermont and, by allowing communication technology or identity proofing to facilitate a notarial act of an electronic record or for a remotely located individual or by providing storage of the audiovisual recording under subdivision (b)(3) of this section, providers of the communication technology, identity proofing, or storage consent and agree that the service or process being provided is in compliance with the requirements set forth in this chapter and with any rules adopted by the Office.
26 V.S.A. § 1272a — VT Code / Title 26 / Chapter 21 / Section 1272a
§ 1272a. Activities connected with funeral
Status: in_force

A funeral establishment may offer food and drink in connection with a funeral, provided the establishment complies with applicable requirements of the Department of Health.
26 V.S.A. § 1420 — VT Code / Title 26 / Chapter 23 / Section 1420
§ 1420. Interstate Medical Licensure Compact; adoption
Status: in_force

This subchapter is the Vermont adoption of the Interstate Medical Licensure Compact as revised by the Interstate Medical Licensure Compact Commission. 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 Interstate Medical Licensure Compact that is enacted by other member states.
26 V.S.A. § 5604 — VT Code / Title 26 / Chapter 107 / Section 5604
§ 5604. Exemptions
Status: in_force

(a) Employees of a business, governmental entity, or other entity that is owned by, employs, or contracts with a licensed qualifying individual are not required to obtain a well-driller license to perform the activities set forth in subdivision 5601(6) of this chapter.

(b) A person is not required to obtain a well-driller license to perform the following activities:

(1) exploratory excavations analyzing foundation conditions related to construction;

(2) constructing wells for the temporary de-watering of construction sites, blasting, soil vapor extraction, air sparging, grounding rod installation, or other practices identified by the Commissioner;

(3) pump installation and pump servicing; and

(4) well development, cleaning, and rehabilitation.
26 V.S.A. § 2424 — VT Code / Title 26 / Chapter 44 / Section 2424
§ 2424. Licensure by endorsement
Status: in_force

(a) The Board, or Office of Professional Regulation on its behalf, shall, upon application and payment of the required fee, issue a license without a written national examination to a person who:

(1) holds a current license in good standing in another U.S. or Canadian jurisdiction whose licensing standards are substantially equivalent to those of Vermont; and

(2) has met the continuing education requirements.

(b) Notwithstanding the provisions of subsection (a) of this section, the Board may require that an applicant for licensure without examination satisfactorily complete an examination covering State laws and rules related to the practice of veterinary medicine and the State or national veterinary codes of ethics.

(c) As used in this section, “in good standing” means that the applicant:

(1) has not:

(A) been the subject of any administrative penalties regarding his or her practice of veterinary medicine, including fines, formal reprimands, license suspension, or revocations, except for license revocations for nonpayment of license renewal fees;

(B) been the subject of probationary limitations; or

(C) entered into any “consent agreements” that contain conditions placed by a regulatory board on his or her professional conduct and practice, including any voluntary surrender of a license;

(2) has never had his or her U.S. Drug Enforcement Administration privileges restricted or revoked;

(3) is not currently under investigation by another veterinary licensing authority;

(4) has no physical or mental impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) has not been convicted of a felony; or

(6) has no criminal conviction record nor pending criminal charge relating to an offense that relates substantially to the practice of veterinary medicine. An applicant who has a criminal conviction record or against whom criminal charges are pending shall arrange for the appropriate authorities to provide information about the record or charge directly to the Board. Information provided under this subdivision shall be sufficiently specific to enable the Board to determine whether the record or charge is substantially related to the practice of veterinary medicine.

(d) An applicant who is not in good standing shall be eligible for licensure under this subsection, if the applicant can demonstrate, to the satisfaction of the Board, that he or she is otherwise qualified for licensure under this section. The Board may place limitations on licenses issued under this subsection or establish conditions of probation prior to the issuance of a license.
26 V.S.A. § 3209 — VT Code / Title 26 / Chapter 61 / Section 3209
§ 3209. Licensure by endorsement
Status: in_force

The Director may, upon payment of the required fee, grant a license without examination if:

(1) the applicant holds an active license to practice licensed master's social work or licensed independent clinical social work in another U.S. or Canadian jurisdiction; and

(2) the requirements for licensing in that jurisdiction are, in the judgment of the Director, substantially equivalent to the requirements of this chapter.
26 V.S.A. § 4106 — VT Code / Title 26 / Chapter 79 / Section 4106
§ 4106. Renewals
Status: repealed

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

(b) [Repealed.]

(c) As a condition of renewal, a licensee or registrant shall submit to the Director proof of at least three hours of continuing education in the area of universal precautions and infectious diseases.
26 V.S.A. § 1647e — VT Code / Title 26 / Chapter 28 / Section 1647e
§ 1647e. Additional authority invested in party state licensing boards
Status: in_force

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:

(1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state.

(A) Only the home state shall have the power to take adverse action against a nurse's license issued by the home state.

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

(2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state.

(3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

(4) 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 board in a party state for the attendance and testimony of witnesses or the production of evidence from another party 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 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 is located.

(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.

(6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.

(7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.

(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.

(c) Nothing in this Compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.
26 V.S.A. § 4512 — VT Code / Title 26 / Chapter 87 / Section 4512
§ 4512. Date of implementation of the Interstate Commission for audiology and speech-language pathology practice and associated rules, withdrawal, and amendment
Status: in_force

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.

(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
26 V.S.A. § 1051 — VT Code / Title 26 / Chapter 19 / Section 1051
§ 1051. Purpose and effect
Status: in_force

In order to safeguard the life and health of the people of this State, no person shall practice, or offer to practice, property inspecting unless currently licensed under this chapter.
26 V.S.A. § 3367 — VT Code / Title 26 / Chapter 71 / Section 3367
§ 3367. Definitions
Status: in_force

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.

(2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual's license or compact privilege, such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.

(3) “Alternative program” means a non-disciplinary monitoring process approved by an occupational therapy licensing board.

(4) “Compact privilege” means the authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

(5) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

(6) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(7) “Data system” means a repository of information about licensees, including but not limited to license status, investigative information, compact privileges, and adverse actions.

(8) “Encumbered license” means a license in which an adverse action restricts the Practice of Occupational Therapy by the licensee or said adverse action has been reported to the National Practitioners Data Bank (NPDB).

(9) “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(10) “Home state” means the member state that is the licensee's primary state of residence.

(11) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

(12) “Investigative information” means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.

(13) “Jurisprudence requirement” means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state.

(14) “Licensee” means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.

(15) “Member state” means a state that has enacted the Compact.

(16) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.

(17) “Occupational therapy,” “occupational therapy practice,” and the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state's statutes and regulations.

(18) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.

(19) “Occupational Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

(20) “Occupational therapy licensing board” or “licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.

(21) “Primary state of residence” means the state (also known as the home state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver's license, federal income tax return, lease, deed, mortgage, or voter registration or other verifying documentation as further defined by Commission rules.

(22) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

(23) “Rule” means a regulation promulgated by the Commission that has the force of law.

(24) “Single-state license” means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.

(25) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy.

(26) “Telehealth” means the application of telecommunication technology to deliver Occupational Therapy services for assessment, intervention, and/or consultation.
26 V.S.A. § 4103 — VT Code / Title 26 / Chapter 79 / Section 4103
§ 4103. Director; function; Commissioner of Health; rules
Status: in_force

(a) The Director shall administer the requirements of this chapter and shall:

(1) Provide general information to applicants for licensure as an operator.

(2) Collect fees as provided under this chapter.

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

(4) Receive applications for licensure, license applicants pursuant to this chapter, renew licenses, and revoke, reinstate, or condition licenses as ordered by an administrative law officer.

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

(b) The Director, after consultation with the Commissioner of Health, shall adopt rules relating to infection control procedures and public health practices to be followed in the practice of tattooing, permanent cosmetics, and body piercing in order to protect the public from communicable diseases. The Commissioner shall also recommend standards of sanitation and sterilization for shops, including standards relating to separate areas and equipment for tattooing and body piercing and recommendations on the use of ear-piercing guns.

(c) The Director may adopt rules necessary to perform the Director's duties pursuant to this chapter. These rules may include:

(1) provisions governing tattooist, body piercer, and permanent cosmetologist apprenticeships; and

(2) requirements for the supervision and temporary licensure of tattoo artists, body piercers, permanent cosmetologists, and shops as may be necessary to allow this State to be a venue for appropriately regulated special events such as conventions, festivals, or professional conferences.

(d) The Director may inspect shops used for the practice of tattooing, permanent cosmetics, or body piercing. No fee shall be charged for initial inspections under this subsection; however, if the Director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged. The Director may waive all or a part of the reinspection fee in accordance with criteria established by rule.
26 V.S.A. § 5305 — VT Code / Title 26 / Chapter 103 / Section 5305
§ 5305. Exemptions
Status: in_force

(a) Judiciary- and law enforcement-related employees.

(1) Employee exemptions.

(A) Judiciary-related.

(i) The persons set forth in subdivision (2)(A) of this subsection, when acting within the scope of their official duties, are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter, except for the requirement to apply for a commission as set forth in subsections 5341(a), (c), (d), and (e) and subdivisions (b)(1)-(3) of this chapter.

(ii) A commission issued to a person under this subdivision (A) shall not be considered a license.

(B) Law enforcement-related.

(i) The persons set forth in subdivision (2)(B) of this subsection, when acting within the scope of their official duties, shall be commissioned as notaries public authorized to perform a notarial act as a matter of law and are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter.

(ii) A notarial act that identifies the notary public as a person who is exempt under this subdivision (B) shall establish as a matter of law that the person is commissioned as a notary public for the purpose of acting within the scope of official duties under this subsection.

(2) Employees, defined.

(A) Judiciary-related. Persons employed by the Judiciary, including judges, Superior Court clerks, court operations managers, Probate registers, case managers, docket clerks, assistant judges, county clerks, and after-hours relief from abuse contract employees.

(B) Law enforcement-related. Persons employed as law enforcement officers certified under 20 V.S.A. chapter 151; who are noncertified constables; or who are employed by a Vermont law enforcement agency, the Department of Public Safety, of Fish and Wildlife, of Motor Vehicles, of Liquor and Lottery, of Corrections, or for Children and Families, the Office of the Defender General, the Office of the Attorney General, or a State's Attorney or Sheriff.

(3) Official duties, defined. As used in subdivision (1) of this subsection, “acting within the scope of official duties” means that a person is notarizing a document that:

(A) the person believes is related to the execution of the person's duties and responsibilities of employment or is the type of document that other employees notarize in the course of employment;

(B) is useful or of assistance to any person or entity identified in subdivision (2) of this subsection (a);

(C) is required, requested, created, used, submitted, or relied upon by any person or entity identified in subdivision (2) of this subsection (a);

(D) is necessary in order to assist in the representation, care, or protection of a person or the State;

(E) is necessary in order to protect the public or property;

(F) is necessary to represent or assist crime victims in receiving restitution or other services;

(G) relates to a Vermont or federal court rule or statute governing any criminal, postconviction, mental health, family, juvenile, civil, probate, Judicial Bureau, Environmental Division, or Supreme Court matter; or

(H) relates to a matter subject to Title 4, 12, 13, 15, 18, 20, 23, or 33 of the Vermont Statutes Annotated.

(b) Attorneys.

(1) Attorneys licensed and in good standing in this State are exempt from:

(A) the examination requirement set forth in subsection 5341(b) of this chapter; and

(B) the continuing education requirement set forth in section 5343 of this chapter.

(2) If a complaint of a violation of this chapter is filed in regard to a Vermont licensed attorney, the Office shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.

(c) Town clerks, assistants, and justices of the peace.

(1)(A) A town clerk and his or her assistants may perform notarial acts as notaries public throughout the town clerk's county, provided that they shall comply with all of the requirements of this chapter, except as provided in subdivision (2) of this subsection.

(B) Subject to the provisions of subdivision (A) of this subdivision (1), performing notarial acts as a notary public shall be considered within the scope of the official duties of a town clerk and his or her assistants.

(2) Justices of the peace and town clerks and their assistants are exempt from the fee set forth in section 5324 of this chapter.

(d) Unauthorized practice. Nothing in this section is intended to prohibit prosecution of a person under 3 V.S.A. § 127 (unauthorized practice).
26 V.S.A. § 4713 — VT Code / Title 26 / Chapter 91 / Section 4713
§ 4713. Renewals; continuing education
Status: in_force

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 12 hours of continuing education requirements, approved by the Director, during the preceding two-year period.

(b) The Director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education credit.

(c) Biennially, the Director shall forward a renewal form to each licensee. Upon receipt of the completed form, renewal fee, and evidence of eligibility, the Director shall issue a new license.

(d) Any application for renewal of a license that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.

(e) If a respiratory care practitioner's license has lapsed for more than five consecutive years, that person shall pay all applicable renewal and reinstatement fees and shall demonstrate competence to the Director's satisfaction by one or more of the following, as determined by the Director:

(1) documenting licensed practice in another state;

(2) completing a remedial course;

(3) completing continuing education requirements; or

(4) passing an examination approved by the Director.
26 V.S.A. § 2411 — VT Code / Title 26 / Chapter 44 / Section 2411
§ 2411. Qualifications; term of office; removal
Status: in_force

(a) A State Veterinary Board is created, which shall be the continuation of and successor to the State Board of Veterinary Registration and Examination established by chapter 43, subchapter 2 of this title.

(b) The Board shall consist of six members, four of whom are residents of the State and are graduates of a school of veterinary medicine, and who have had at least five years' experience in the State and are in the active practice of veterinary medicine at the time of their appointment; and two members who shall be representatives of the public who shall be residents of the State for five years and who shall have no financial interest in the profession other than as consumers or potential consumers of its services. They shall have no financial interest personally or through a spouse, parent, child, brother, or sister. The public members shall participate in all Board functions with the exception of drafting and grading examinations.

(c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
26 V.S.A. § 908 — VT Code / Title 26 / Chapter 15 / Section 908
§ 908. Expiration and renewal of licenses; continuing education
Status: in_force

(a) All licenses expire on the last day of a month designated by the Board. A license shall be valid for three years. The Board shall renew the license of a person holding a valid license issued under this chapter on receipt of an application for renewal and the required fee on or before the expiration date of his license, except as provided in section 892 of this title.

(b) All journeyman and master electricians shall, as a condition of license renewal, complete 15 hours of instruction, approved by the Board, on the national electrical code during the preceding 36-month period. All holders of a type-S journeyman license shall, as a condition of renewal, complete eight hours of instruction, approved by the Board, on the subject of the license holder's specialty during the preceding 36 months, except that holders of multiple type-S licenses shall not be required to complete more than 15 hours of instruction during the preceding 36 months.
26 V.S.A. § 3212 — VT Code / Title 26 / Chapter 61 / Section 3212
§ 3212. Exemptions
Status: repealed

(a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, psychologists, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are licensed master's social workers or licensed independent clinical social workers under this chapter.

(b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:

(1) in the practice of a religious ministry;

(2) in employment or rehabilitation counseling;

(3) as an employee of or under contract with the Agency of Human Services, provided the person does not practice psychotherapy as defined in section 3201 of this title;

(4) as a mediator;

(5) in an official evaluation for court purposes;

(6) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not the person is serving for a consideration;

(7) as a respite caregiver, foster care worker, or hospice worker.

(c) [Repealed.]
26 V.S.A. § 2652 — VT Code / Title 26 / Chapter 47 / Section 2652
§ 2652. Prohibitions
Status: in_force

(a) No person may engage in practice as an optician, or use any initials, letters, wording, abbreviations, or insignia used by an optician unless he or she is licensed under this chapter.

(b) A person may not seek or obtain a license or renewal by means of false or fraudulent actions or representations.
26 V.S.A. § 4186 — VT Code / Title 26 / Chapter 85 / Section 4186
§ 4186. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two licensed midwives and one physician, licensed under chapter 23 of this title and who has professional experience with home births, to serve as advisors in matters relating to licensed midwives. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than five years.

(b) The midwife appointees shall not have less than three years' experience as midwives qualified to be licensed under this chapter during the period immediately preceding appointment and shall be actively engaged in midwifery during their incumbency.

(c) The Office of Professional Regulation shall investigate complaints regarding licensed midwives or applicants for licensing or renewal and, when appropriate, refer them to an administrative law officer established under 3 V.S.A. § 129(j).

(d) The Director shall seek the advice of the persons appointed under this section in carrying out the provisions of this chapter. Such appointees shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 1253 — VT Code / Title 26 / Chapter 21 / Section 1253
§ 1253. Examinations
Status: in_force

An applicant for a funeral director's or embalmer's license shall be examined as the Director may require by rule.
26 V.S.A. § 2854 — VT Code / Title 26 / Chapter 52 / Section 2854
§ 2854. Eligibility
Status: in_force

To be eligible for certification as a radiologist assistant, an applicant shall:

(1) have obtained a degree from a radiologist assistant educational program that is recognized by the ARRT under its “Recognition Criteria for Radiologist Assistant Educational Programs” adopted on July 1, 2005, as periodically revised and updated;

(2) have satisfactorily completed the radiologist assistant certification examination given by the ARRT and be currently certified by the ARRT;

(3) be certified as a radiologic technologist in radiography by the ARRT;

(4) be licensed as a radiologic technologist in radiography in this State under chapter 51 of this title; and

[Subdivision (5) effective 60 days after the adoption of Board rules.]

(5) if the applicant has not engaged in practice as a radiologist assistant within the last three years, comply with the requirements for updating knowledge and skills as defined by Board rules.
26 V.S.A. § 1377 — VT Code / Title 26 / Chapter 23 / Section 1377
§ 1377. Nondisciplinary financial penalty
Status: in_force

(a) For violations of statutes and Board rules of an administrative nature, the Board may, in its sole discretion, elect to offer a licensee the opportunity to pay a nondisciplinary financial penalty of not more than $250.00 for each instance of noncompliance. If the licensee accepts the offer and submits the required payment, the matter shall be considered to be closed in lieu of investigating the failure to comply with the rule or statute as unprofessional conduct.

(b) A matter closed by payment of a nondisciplinary financial penalty shall not be considered to be a disciplinary action, and the matter shall remain confidential in the manner of dismissed charges in accordance with section 1318 of this chapter.

(c) The Board shall not be required to offer the option of a nondisciplinary financial penalty in any particular case and may elect to process any matter as a disciplinary action.

(d) Any monies received from nondisciplinary financial penalties imposed pursuant to this section shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees.
26 V.S.A. § 5421 — VT Code / Title 26 / Chapter 105 / Section 5421
§ 5421. Application
Status: in_force

A person who desires to be registered under this chapter shall apply for a registration in the manner specified by the Director, accompanied by payment of the required fee.
26 V.S.A. § 3054 — VT Code / Title 26 / Chapter 56 / Section 3054
§ 3054. Scope of telehealth license and telehealth registration
Status: in_force

(a) Telehealth license.

(1) A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont may obtain a telehealth license to provide health care services using telehealth to a total of not more than 20 unique patients or clients located in Vermont during the two-year license term.

(2) To be eligible to obtain a telehealth license under this chapter, a health care professional shall:

(A) complete an application in a format and with such content as prescribed by the Office or the Board;

(B) hold an active, unencumbered license, certificate, or registration in good standing in any other U.S. jurisdiction to practice the health care profession that the professional seeks to practice in Vermont using telehealth and provide verification of the license, registration, or certificate to the Office or the Board if required by the profession;

(C) if required by the rules adopted by the Office or the Board pursuant to section 3061 of this chapter, submit a copy of a mandatory disclosure that conforms to the requirements established by rule;

(D) if required by the rules adopted by the Office or the Board pursuant section 3061 of this chapter, provide documentation of professional liability coverage or financial responsibility that includes coverage or financial responsibility for services provided by telehealth to patients or clients not located in the health care professional's home state in an amount established by rule;

(E) provide any other information and documentation of qualifications required by the Office or the Board by rule; and

(F) pay the required telehealth licensure fee, which shall be 75 percent of the renewal fee for the profession as set forth in 3 V.S.A. § 125 or in the applicable chapter of this title.

(3) A health care professional may renew a telehealth license every two years upon application and payment of the required fee. A license that has expired shall be reinstated upon payment of the biennial renewal fee and the late renewal penalty, which shall be 75 percent of the late renewal penalty established in 3 V.S.A. § 127 or in section 1401a of this title, as applicable.

(b) Telehealth registration.

(1) A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont may obtain a telehealth registration to provide health care services using telehealth:

(A) for a period of not more than 120 consecutive days from the date the registration was issued; and

(B) to a total of not more than 10 unique patients or clients over the 120-day period that the registration is in effect.

(2) To be eligible to obtain a telehealth registration under this chapter, a health care professional shall:

(A) complete an application in a format and with such content as prescribed by the Office or the Board;

(B) hold an active, unencumbered license, certificate, or registration in good standing in any other U.S. jurisdiction to practice the health care profession that the professional seeks to practice in Vermont using telehealth and provide verification of the license, registration, or certificate to the Office or the Board if required by the profession;

(C) if required by the rules adopted by the Office or the Board pursuant to section 3061 of this chapter, submit a copy of a mandatory disclosure that conforms to the requirements established by rule; and

(D) pay the required telehealth registration fee, which shall be the lesser of:

(i) 50 percent of the renewal fee for the profession as set forth in 3 V.S.A. § 125 or in the applicable chapter of this title; or

(ii) the application fee for a full license for the profession as set forth in 3 V.S.A. § 125 or in the applicable chapter of this title.

(3) A health care professional may only reactivate a telehealth registration once every three years. A telehealth registration shall not be renewed or reactivated upon expiration.

(c) Other license or registration. A health care professional seeking to provide health care services to a patient or client located in Vermont using telehealth may register or apply for a full license to practice the profession in this State in accordance with the applicable provisions of this title. Nothing in this section shall be construed to prohibit a qualified health care professional from registering or obtaining a full license to practice in Vermont in accordance with relevant laws.

(d) Transition to licensure; fee credit.

(1) If a health care professional holding a telehealth registration issued pursuant to this chapter elects to apply for a telehealth license or a full license while the professional's telehealth registration is in effect or within three years following the effective date of the professional's telehealth registration, the amount of the fee paid by the health care professional for the telehealth registration pursuant to subdivision (b)(2)(D) of this section shall be credited and applied toward the amount of the relevant telehealth license under subdivision (a)(2)(F) of this section if the professional is seeking a telehealth license or the application fee for a full license for the profession as set forth in 3 V.S.A. § 125 or in the applicable chapter of this title.

(2) If a health care professional holding a telehealth license issued pursuant to this chapter elects to apply for a full license while the professional's telehealth license is in effect, the amount of the fee paid by the health care professional for the telehealth license pursuant to subdivision (a)(2)(F) of this section shall be credited and applied toward the amount of the application fee for a full license for the profession as set forth in 3 V.S.A. § 125 or in the applicable chapter of this title.
26 V.S.A. § 3057 — VT Code / Title 26 / Chapter 56 / Section 3057
§ 3057. Effect of disciplinary action on out-of-state license, certificate, or registration
Status: in_force

(a) A health care professional shall not obtain a telehealth license or telehealth registration under this chapter if the health care professional's license, certificate, or registration to provide health care services has been revoked or is subject to a pending disciplinary investigation or action in any other U.S. jurisdiction.

(b) A health care professional holding a telehealth license or telehealth registration under this chapter shall notify the Office or the Board, as applicable, within five business days following a disciplinary action that places a warning, reprimand, condition, restriction, suspension, or any other disciplinary action on the professional's license, certificate, or registration in any other U.S. jurisdiction or of any other disciplinary action taken or pending against the health care professional in any other U.S. jurisdiction.
26 V.S.A. § 1654 — VT Code / Title 26 / Chapter 29 / Section 1654
§ 1654. Eligibility
Status: in_force

To be eligible for certification as an anesthesiologist assistant, an applicant shall have:

(1) obtained a master's degree from a board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Health Education and Accreditation, the Commission on Accreditation of Allied Health Education Programs, or their successor agencies, or graduated from a Board-approved anesthesiologist assistant program at an institution of higher education accredited by the Committee on Allied Health Education and Accreditation or the Commission of Accreditation of Allied Health Education Programs, prior to January 1, 1984;

(2) satisfactorily completed the certification examination given by the NCCAA and be currently certified by the NCCAA; and

[Subdivision (3) effective 60 days after the adoption of board rules.]

(3) if the applicant has not engaged in practice as an anesthesiologist assistant within the last three years, complied with the requirements for updating knowledge and skills as defined by Board rules.
26 V.S.A. § 2401 — VT Code / Title 26 / Chapter 44 / Section 2401
§ 2401. Definitions
Status: in_force

As used in this chapter:

(1) “Animal” means any animal other than a human and includes fowl, birds, fish, and reptiles.

(2) “Board” means the Vermont Board of Veterinary Medicine created under this chapter.

(3) “E.C.F.V.G.” means American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates.

(4) “Licensed veterinarian” means a person who is validly and currently licensed by the Board to practice veterinary medicine in Vermont.

(5) “Practice of veterinary medicine” means:

(A) for a consideration, to diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drugs, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for testing for pregnancy or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the acts described in this subdivision (A);

(B) to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (A) of this subdivision (5);

(C) to use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (A) of this subdivision (5), except where such a person is a veterinarian;

(D) to perform a dental operation on an animal.

(6) “School of veterinary medicine” means a college of veterinary medicine approved or accredited by the American Veterinary Medical Association.

(7) “Disciplinary action” or “disciplinary cases” includes any action taken by a board 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, issuing warnings, and other similar sanctions and ordering restitution.

(8) “Financial interest” means being:

(A) a licensed veterinarian;

(B) a person who deals in goods and services that are uniquely related to the practice of veterinary medicine; or

(C) a person who has invested anything of value in a business that provides veterinary services.

(9)(A) “Dental operation” means:

(i) the application or use of any instrument or device to any portion of an animal's tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, or disease of an animal's tooth, gum, or related tissue; and

(ii) preventive dental procedures, including the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces.

(B) “Dental operation” does not mean the use by any person of cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animal's teeth.
26 V.S.A. § 4502 — VT Code / Title 26 / Chapter 87 / Section 4502
§ 4502. Definitions
Status: in_force

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

(2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.

(3) “Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

(4) “Audiologist” means an individual who is licensed by a state to practice audiology.

(5) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.

(6) “Audiology and Speech-Language Pathology Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

(7) “Audiology and speech-language pathology licensing board,” “audiology licensing board,” “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists, or both.

(8) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter.

(9) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(10) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.

(11) “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

(12) “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(13) “Home state” means the member state that is the licensee's primary state of residence.

(14) “Impaired practitioner” means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

(15) “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

(16) “Member state” means a state that has enacted the Compact.

(17) “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.

(18) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

(19) “Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.

(20) “Single-state license” means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

(21) “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology.

(22) “Speech-language pathology” means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.

(23) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.

(24) “State practice laws” means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

(25) “Telehealth” means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.
26 V.S.A. § 4052 — VT Code / Title 26 / Chapter 77 / Section 4052
§ 4052. Disclosure of information
Status: in_force

The Office of Professional Regulation, in consultation with the advisor appointees, shall adopt rules requiring certified psychoanalysts to disclose to each client the psychoanalyst's professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the psychoanalyst and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian.
26 V.S.A. § 377 — VT Code / Title 26 / Chapter 7 / Section 377
§ 377. Exemption
Status: in_force

The provisions of this chapter shall not apply to a podiatrist who is duly licensed and in good standing in another state, territory, or jurisdiction of the United States or in Canada if the podiatrist is employed as or formally designated as the team podiatrist by an athletic team visiting Vermont for a specific sporting event and the podiatrist limits his or her practice in this State to the treatment of the members, coaches, and staff of the sports team employing or designating the podiatrist.
26 V.S.A. § 203 — VT Code / Title 26 / Chapter 3 / Section 203
§ 203. Corporations; limited liability companies
Status: in_force

(a) The right to practice architecture is a personal right based on the qualities of the individual and evidenced by a nontransferable license.

(b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish architectural services provided a member or employee thereof is a licensed architect and is in responsible charge of such services, and provided all plans and specifications are signed and stamped with the personal seal of the licensed architect in responsible charge.

(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the architect may practice shall be jointly and severally liable with the architect for work performed.
26 V.S.A. § 3262 — VT Code / Title 26 / Chapter 65 / Section 3262
§ 3262. Prohibition; offenses
Status: in_force

(a) No person shall practice or attempt to practice clinical mental health counseling, nor shall any person use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a clinical mental health counselor unless the person is licensed in accordance with this chapter.

(b) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 1273 — VT Code / Title 26 / Chapter 21 / Section 1273
§ 1273. Written agreements
Status: in_force

(a) Each prepaid funeral arrangement shall be expressed in a written contract. The Director shall adopt rules for standard provisions to be included in all pre-need trust forms and may adopt a standard form that every funeral director accepting prepaid funeral arrangements shall use. Those provisions shall include:

(1) Disclosure of whether the contract is revocable or irrevocable.

(2) A declaration of the person who will most likely be responsible for the funeral and who is to be notified of the prepaid funeral.

(3) Any other provision determined by the Director to be reasonably necessary to ensure full disclosure to the buyer of all prepaid funeral arrangements as required under this chapter.

(b) The contract shall itemize the funeral services and merchandise to be provided. At the time of performance, if the itemized merchandise is no longer reasonably available, the funeral director may substitute merchandise similar in style and at least equal in quality of material and workmanship.
26 V.S.A. § 2629 — VT Code / Title 26 / Chapter 46 / Section 2629
§ 2629. Unprofessional conduct
Status: in_force

Unprofessional conduct means the following conduct and the conduct by a licensee or applicant for licensure as set forth in 3 V.S.A. § 129a.

(1) Accepting and performing responsibilities which the licensed landscape architect knows or has reason to know that he or she is not competent to perform, or undertaking to perform professional services in specific technical areas in which the licensed landscape architect is not qualified by education, training, and experience;

(2) Failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensed landscape architects practicing in the same locality;

(3) Assisting in the application for licensure of a person known by the licensed landscape architect to be unqualified in respect to education, training, or experience;

(4) Accepting compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to by all interested parties;

(5) Failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensed landscape architect's judgment in the performance of professional services;

(6) Soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

(7) Failing to disclose compensation for making public statements on landscape architectural questions;

(8) Offering or making a payment or gift to an elected or appointed government official with the intent to influence the official's judgment in connection with a prospective or existing project in which the licensed landscape architect is interested;

(9) Offering or making a gift of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensed landscape architect is interested;

(10) Knowingly designing a project in violation of applicable State and local laws and regulations;

(11) Making a willful material misrepresentation with respect to the qualifications or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

(12) Acting, while serving as an advisor to the Director, in any way to contravene willfully the provisions of this chapter and thereby artificially restricting the entry of qualified persons into the profession;

(13) Using the licensed landscape architect's seal on drawings prepared by others not in his or her employ, or using the seal of another;

(14) Inaccurately representing to a prospective or existing client or employer the licensed landscape architect's qualifications and scope of responsibility for work for which he or she claims credit;

(15) Signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensed landscape architect, except that the licensed landscape architect may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensed landscape architect has reviewed and adopted in whole or in part those portions and has either coordinated their preparation or integrated them into his or her work; and

(16) In each office maintained for preparation of drawings, specifications, reports, or other professional work, failing to have a licensed landscape architect with direct knowledge and supervisory control of such work resident and regularly employed in that office.
26 V.S.A. § 2105 — VT Code / Title 26 / Chapter 38 / Section 2105
§ 2105. Temporary licensure pending endorsement
Status: in_force

The Director may issue a temporary license to practice as a physical therapist for a period not to exceed 90 days to a physical therapist currently licensed in another jurisdiction who has applied for licensure by endorsement in accordance with the statutes and rules governing the profession.
26 V.S.A. § 3227 — VT Code / Title 26 / Chapter 61 / Section 3227
§ 3227. Oversight, dispute resolution, and enforcement
Status: in_force

(a) Oversight.

(1) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

(2) Except as otherwise provided in this Compact, 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. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.

(3) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process 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 member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

(2) The Commission shall provide a copy of the notice of default to the other member states.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(d) 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 given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authority.

(e) A 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.

(f) Upon the termination of a state's membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six months after the date of said notice of termination.

(g) The Commission shall not bear any costs related to a 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.

(h) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

(i) 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.

(j) Enforcement.

(1) By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state's law.

(2) A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

(3) No person other than a member state shall enforce this Compact against the Commission.
26 V.S.A. § 1659 — VT Code / Title 26 / Chapter 29 / Section 1659
§ 1659. Disposition of complaints
Status: in_force

(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board.

(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging any anesthesiologist assistant practicing in the State is engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of an anesthesiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.

(c) After giving opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against an anesthesiologist assistant or applicant found guilty of unprofessional conduct.

(d) The Board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. That agreement may include any of the following conditions or restrictions which may be in addition to, or in lieu of, suspension:

(1) a requirement that the person submit to care or counseling;

(2) a restriction that the person practice only under supervision of a named person or a person with specified credentials;

(3) a requirement that the person participate in continuing education in order to overcome specified practical deficiencies;

(4) a requirement that the scope of practice permitted be restricted to a specified extent;

(5) an administrative penalty not to exceed $1,000.00 for each act that constitutes an unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this subsection shall be deposited into the Board of Medical Practice Regulatory Fee Fund and shall not be used for any other purpose other than professional regulation and other responsibilities of the Board, as determined by the Commissioner of Health.

(e) Upon application, the Board may modify the terms of an order under this section and, if certification has been revoked or suspended, order reinstatement on terms and conditions it deems proper.
26 V.S.A. § 1370 — VT Code / Title 26 / Chapter 23 / Section 1370
§ 1370. Complaints; investigative committee
Status: in_force

(a)(1) Any individual, organization, or public officer may submit a written complaint to the Board alleging that any individual practicing medicine in the State committed unprofessional conduct or that an individual practiced without being licensed in violation of section 1314 of this chapter. The complaint shall specify the grounds on which the allegations of unprofessional conduct are based.

(2) A person or organization shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about alleged incompetent, unprofessional, or unlawful conduct of a licensee.

(b)(1) The Board shall initiate an investigation of the individual complained against whenever a complaint is received. The Board may also act on its own initiative without having received a complaint.

(2) The Executive Director shall designate three or more members, including at least one public member, to serve as an investigative committee to investigate and report to the Board its findings regarding the complaint and whether an evidentiary hearing is warranted. If there is an insufficient number of members to investigate a complaint by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the investigative committee for that matter only.

(3) If the investigative committee determines that an evidentiary hearing is warranted, the Executive Director shall prepare a specification of the charge or charges of unprofessional conduct made against the individual licensed by the Board, a copy of which shall be served upon the subject of the charge or charges, together with the notice of hearing set forth in subsection 1372(b) of this chapter.
26 V.S.A. § 3035 — VT Code / Title 26 / Chapter 55 / Section 3035
§ 3035. Construction and severability
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining Compact states.
26 V.S.A. § 3101 — VT Code / Title 26 / Chapter 57 / Section 3101
§ 3101. Policy and purpose
Status: in_force

(a) It is the policy of the State of Vermont that regulation be imposed upon a profession or occupation solely for the purpose of protecting the public. The General Assembly believes that all individuals should be permitted to enter into a profession or occupation unless there is a demonstrated need for the State to protect the interests of the public by restricting entry into the profession or occupation.

(b) If such a need is identified, the form of regulation adopted by the State shall be the least restrictive form of regulation necessary to protect the public interest. If regulation is imposed, the profession or occupation may be subject to review by the Office of Professional Regulation and the General Assembly to ensure the continuing need for and appropriateness of such regulation.
26 V.S.A. § 2084 — VT Code / Title 26 / Chapter 38 / Section 2084
§ 2084. Construction
Status: in_force

This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another occupation that is regulated by this State from carrying on in the usual manner any of the functions of his or her profession.
26 V.S.A. § 2193 — VT Code / Title 26 / Chapter 39 / Section 2193
§ 2193. Applications; examinations, education, and fees
Status: in_force

(a)(1) Each applicant for license shall present to the executive office of the Board, on blanks furnished by the Board, a written application for examination and license containing such information as the Board may require, accompanied by the fee required. 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.

(2) Examinations shall be in whole or in part in writing and shall include the theoretical and practical nature of plumbing or specialties, or both, and knowledge of State laws, the rules of the Departments of Health and of Environmental Conservation, and such other rules and regulations as the Board may determine necessary to satisfactorily determine the qualifications of the applicant. Examinations shall be relevant to the instructional material taught in classes, codes used, and new developments and procedures within the trade.

(b) Any applicant who fails an examination may, upon payment of the examination fee, retake the examination.

(c) License and renewal fees are as follows:

(d) Master and journeyman plumbers shall be exempt from paying license or renewal fees as specialists.

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

(f) 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 plumbing profession can further those goals.

(1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and license renewal, except that master and journeyman plumbers who complete this education module shall not be required to complete this education module for any additional specialty license. 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.
26 V.S.A. § 614 — VT Code / Title 26 / Chapter 12 / Section 614
§ 614. Collaborative agreement
Status: in_force

(a) Before a dental therapist may enter into his or her first collaborative agreement, he or she shall:

(1) complete 1,000 hours of direct patient care using dental therapy procedures under the direct supervision of a dentist; and

(2) receive a certificate of completion signed by that supervising dentist that verifies the dental therapist completed the hours described in subdivision (1) of this subsection.

(b) In order to practice as a dental therapist, a dental therapist shall enter into a written collaborative agreement with a dentist. The agreement shall include:

(1) practice settings where services may be provided and the populations to be served;

(2) any limitations on the services that may be provided by the dental therapist, including the level of supervision required by the supervising dentist;

(3) age- and procedure-specific practice protocols, including case selection criteria, assessment guidelines, and imaging frequency;

(4) a procedure for creating and maintaining dental records for the patients that are treated by the dental therapist;

(5) a plan to manage medical emergencies in each practice setting where the dental therapist provides care;

(6) a quality assurance plan for monitoring care provided by the dental therapist, including patient care review, referral follow-up, and a quality assurance chart review;

(7) protocols for prescribing, administering, and dispensing medications, including the specific conditions and circumstances under which these medications may be prescribed, dispensed, and administered;

(8) criteria relating to the provision of care to patients with specific medical conditions or complex medication histories, including requirements for consultation prior to the initiation of care;

(9) criteria for the supervision of dental assistants and dental hygienists; and

(10) a plan for the provision of clinical resources and referrals in situations that are beyond the capabilities of the dental therapist.

(c)(1) The supervising dentist shall be professionally responsible and legally liable for all services authorized and performed by the dental therapist pursuant to the collaborative agreement.

(2) A supervising dentist shall be licensed and practicing in Vermont.

(3) A supervising dentist is limited to entering into a collaborative agreement with no more than two dental therapists at any one time.

(d)(1) A collaborative agreement shall be signed and maintained by the supervising dentist and the dental therapist.

(2) A collaborative agreement shall be reviewed, updated, and submitted to the Board on an annual basis and as soon as a change is made to the agreement.

(e) Nothing in this chapter shall be construed to require a dentist to enter into a collaborative agreement with a dental therapist.
26 V.S.A. § 3172 — VT Code / Title 26 / Chapter 59 / Section 3172
§ 3172. Licenses
Status: in_force

The Director shall issue agency licenses for private investigative services, private security guard services, or combination guard agency licenses to applicants that submit all of the following:

(1) an application filed in proper form;

(2) the application fee;

(3) evidence of current Vermont business entity registration.
26 V.S.A. § 1716a — VT Code / Title 26 / Chapter 30 / Section 1716a
§ 1716a. Renewal
Status: in_force

Licenses shall be renewed every two years upon payment of the required fee, provided that the person applying for renewal completes at least 40 hours of continuing education, approved by the Board, during the preceding two-year period and holds a current cardiopulmonary resuscitation certification.
26 V.S.A. § 376 — VT Code / Title 26 / Chapter 7 / Section 376
§ 376. Disposition of complaints
Status: in_force

(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board of Medical Practice.

(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board charging any podiatrist practicing in the State with unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of a podiatrist when a complaint is received or may act without having received a complaint.

(c) After giving an opportunity for a hearing, the Board shall take disciplinary action described in subsection 1374(b) of this title against a podiatrist or applicant found guilty of unprofessional conduct.

(d) The Board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. Such an agreement may include any of the following conditions or restrictions, which may be in addition to, or in lieu of, suspension:

(1) a requirement that the individual submit to care or counseling;

(2) a restriction that the individual practice only under supervision of a named person or a person with specified credentials;

(3) a requirement that the individual participate in continuing education in order to overcome specified practical deficiencies;

(4) a requirement that the scope of practice permitted be restricted to a specified extent;

(5) an administrative penalty not to exceed $1,000.00 for each act that constitutes an unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this subdivision shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and the professions regulated by the Board. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.

(e) Upon application, the Board may modify the terms of an order under this section and, if licensure has been revoked or suspended, order reinstatement on terms and conditions it deems proper.
26 V.S.A. § 4128 — VT Code / Title 26 / Chapter 81 / Section 4128
§ 4128. Application for licensure
Status: in_force

A person shall apply for a license under this chapter by filing with the Director an application provided by the Director accompanied by the required fees and evidence of eligibility.
26 V.S.A. § 2595 — VT Code / Title 26 / Chapter 45 / Section 2595
§ 2595. Exceptions
Status: repealed

(a) The work of an employee or subordinate of a person having a license under this chapter is exempted from the licensing provisions of this chapter if such work is done under the supervision of and is verified by a licensee.

(b) This chapter shall not be construed to apply to or to interfere with federal employees in the performance of their official duties.

(c) This chapter shall not be construed to apply to or to interfere with State employees in the performance of their official duties, provided that the work is being done under the supervision of a licensed land surveyor.

(d) [Repealed.]
26 V.S.A. § 2413 — VT Code / Title 26 / Chapter 44 / Section 2413
§ 2413. Powers and duties
Status: in_force

(a) The Board shall:

(1) Adopt rules under 3 V.S.A. chapter 25 necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:

(A) a definition of the behavior for which a license is required;

(B) explanations of appeal and other significant rights given by law to licensees, applicants, and the public; and

(C) rules of practice in disciplinary cases, including provisions regarding representation and evidence at hearings and provisions regarding subpoenas and witness fees.

(2) Conduct any necessary hearings in connection with the issuance, renewal, suspension, or revocation of a license or otherwise related to the disciplining of a licensee.

(3) Receive complaints and charges of unprofessional conduct against any holder of a license. The Board shall investigate all complaints in which there are reasonable grounds to believe that unprofessional conduct has occurred.

(b) The Board may:

(1) with the approval of the Director of the Office of Professional Regulation, make contracts and arrangements for the performance of administrative and similar services required or appropriate in the performance of its duties;

(2) issue subpoenas and administer oaths in connection with any authorized investigation, hearing, or disciplinary proceeding;

(3) take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;

(4) receive legal assistance from the Attorney General of the State.
26 V.S.A. § 4051 — VT Code / Title 26 / Chapter 77 / Section 4051
§ 4051. Definitions
Status: in_force

As used in this chapter:

(1) “Certified psychoanalyst” means a person who is certified under this chapter.

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

(3) “Disciplinary action” includes any action taken by the Director or an administrative law officer appointed pursuant to 3 V.S.A. § 129(j) against a certified psychoanalyst or an applicant on a finding of unprofessional conduct by the certified psychoanalyst or applicant. It includes all sanctions of any kind, refusing to certify a person as a psychoanalyst or to renew a certification, suspension or revocation of the person's certification, issuing warnings, and other such limitations.

(4) “National psychoanalytic association” means a national professional organization of psychoanalysts that conducts onsite visits of psychoanalytic institutes applying for association membership. National psychoanalytic associations also provide direction and leadership for psychoanalytic practice, education, and research within a specific school of thought.

(5) “Psychoanalytic services” means therapeutic services that are based on an understanding of the unconscious and how unconscious processes affect the human mind as a whole, including actions, thoughts, perceptions, and emotions. Psychoanalytic services are provided by individuals who have:

(A) undergone a personal analysis by a psychoanalyst who has been approved by a psychoanalytic training institute; and

(B) met all of the certification or certification exemption requirements of this chapter.
26 V.S.A. § 6031 — VT Code / Title 26 / Chapter 109 / Section 6031
§ 6031. Promoters
Status: in_force

(a) Promoter license.

(1) No person shall hold or conduct a mixed martial arts event, which includes a sole match, in the State without first having obtained a license from the Office.

(2) A person who wants to be licensed under this subsection shall apply for a promoter license in the manner specified by the Director in rules adopted in accordance with this subchapter, accompanied by payment of the required fee.

(3) Licenses shall be renewed every two years on a date set by the Director in rules adopted in accordance with this subchapter. Licenses shall be subject to the provisions of this subchapter and to all rules adopted in accordance with this subchapter.

(4) In addition to the bond required under this subchapter, a fee may be assessed for a promoter license in accordance with section 6033 of this subchapter.

(5) Before any promoter license is granted or renewed, the applicant shall execute and file with the Office a bond to the State in the amount of $10,000.00, to be conditioned upon the faithful performance by the applicant of the provisions of this subchapter and the payment of the taxes imposed under this subchapter. The bond shall be in a form with sureties satisfactory to the Office. No promoter license shall be renewed unless this bond has been renewed and filed with the Board.

(b) Event license.

(1) No mixed martial arts event, including a sole match, shall be held by any promoter licensed under this subchapter unless the promoter has obtained from the Office an event license to hold the event at least two weeks prior to the first day of the event. The application to the Office for an event license shall be in such form, with such information, and at such place as the Office may, by rules adopted in accordance with this subchapter, prescribe.

(2) A fee may be assessed for this match or event license in accordance with section 6033 of this subchapter. The Office may charge a separate event license fee for each day of an event.

(3) No event license shall be granted to any promoter who is not licensed in the State; whose license is suspended, disciplined, or revoked in any state or jurisdiction; or who is delinquent in paying a tax that has been assessed pursuant to section 6039 of this subchapter.

(4) No event license shall be granted until the Office performs an inspection of the facilities where the mixed martial arts event is to be held and of records associated with the event.

(5) No event license shall be renewed. A separate event license shall be obtained for each event, including for a sole match.
26 V.S.A. § 3315 — VT Code / Title 26 / Chapter 69 / Section 3315
§ 3315. Rules
Status: in_force

(a) The Director may adopt rules necessary to implement the provisions of this chapter.

(b) The Director shall adopt rules relating to procedures for processing applications, issuing licenses, registering trainees, inspecting records, and instituting and conducting disciplinary proceedings.
26 V.S.A. § 1403 — VT Code / Title 26 / Chapter 23 / Section 1403
§ 1403. Professional corporations; medicine
Status: in_force

A person licensed to practice medicine under this chapter may own shares in a professional corporation created under 11 V.S.A. chapter 4 that provides professional services in the medical and nursing professions.
26 V.S.A. § 1257 — VT Code / Title 26 / Chapter 21 / Section 1257
§ 1257. Unprofessional conduct
Status: repealed

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

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

(1) Using dishonest or misleading advertising.

(2) Failure to make available, upon request of a person who had received services, copies of documents in the possession or under the control of the practitioner.

(3) Failure to comply with rules adopted by the Director, the Office, or by the Federal Trade Commission relating to funeral goods and services.

(4) For funeral directors, failure to make available at the licensee's place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.

(c) [Repealed.]

(d) [Repealed.]

(e) [Repealed.]
26 V.S.A. § 3201 — VT Code / Title 26 / Chapter 61 / Section 3201
§ 3201. Definitions
Status: reserved

As used in this chapter:

(1) “Clinical social work” is a specialty practice of social work within the practice of master's social work and requires the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities.

(A) The practice of clinical social work requires the application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions.

(B) Treatment methods include the provision of individual, marital, couple, family, and group counseling, and psychotherapy, which may occur in diverse settings.

(C) The practice of clinical social work may include private practice and the provision of clinical supervision.

(D) Licensed independent clinical social workers are qualified to use the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International Classification of Diseases (ICD), and other diagnostic classification systems used in diagnosis and other activities.

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

(3) “Licensed independent clinical social worker” means a person licensed under this chapter to practice clinical social work.

(4) “Licensed master's social worker” is a person licensed under this chapter to practice master's social work. Psychotherapy is not within the scope of practice of a “licensed master's social worker.” The practice of a licensed master's social worker engaged in supervised practice toward licensure as a licensed independent clinical social worker may include the practices reserved for licensed independent clinical social workers.

(5) “Master's social work” means the application of social work theory, knowledge, methods, and ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities.

(A) Master's social work practice includes the application of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, supportive counseling, supervision, consultation, education, research, advocacy, community organization, and the development, implementation, and administration of policies, programs, and activities.

(B) Under supervision as provided in this chapter, the practice of master's social work may include the practices reserved for clinical social workers.

(6) “Office” means the Office of Professional Regulation.

(7) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders.

(A) “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning.

(B) “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions.

(C) If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master's degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or to interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.
26 V.S.A. § 2131 — VT Code / Title 26 / Chapter 38 / Section 2131
§ 2131. Physical Therapy Licensure Compact; adoption
Status: in_force

This subchapter is the Vermont adoption of the Physical 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 Physical Therapy Licensure Compact that is enacted by other Compact party states.
26 V.S.A. § 1251 — VT Code / Title 26 / Chapter 21 / Section 1251
§ 1251. License requirements
Status: in_force

(a) A person, partnership, corporation, association, or other organization shall not open or maintain a funeral establishment unless the establishment is licensed by the Office to conduct the business and unless the owner, a co- owner, or manager is a licensed funeral director.

(b) A person, partnership, corporation, association, or other organization shall not open or maintain a disposition facility unless the establishment is licensed by the Office.

(c) A person shall not hold himself or herself out as performing the duties of a funeral director unless licensed by the Office.

(d) Except as otherwise permitted by law, a person employed by a funeral establishment or disposition facility shall not perform a removal unless registered with the Office.
26 V.S.A. § 4930 — VT Code / Title 26 / Chapter 95 / Section 4930
§ 4930. Disclosure of information
Status: in_force

The Director may adopt rules requiring a person licensed under this chapter to disclose the licensee's professional qualifications and experience, those actions that constitute unprofessional conduct, and the method for filing a complaint or making a consumer inquiry, and the manner in which that information shall be made available and to whom.
26 V.S.A. § 2092 — VT Code / Title 26 / Chapter 38 / Section 2092
§ 2092. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two physical therapists to serve as advisors in matters relating to physical therapy. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term. Appointees shall have not less than three years' experience as a physical therapist immediately preceding appointment and shall be actively engaged in the practice of physical therapy in Vermont during incumbency.

(b) The Director shall refer complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j).

(c) The Director shall seek the advice of the physical therapists appointed under this section in carrying out the provisions of this chapter.
26 V.S.A. § 2403 — VT Code / Title 26 / Chapter 44 / Section 2403
§ 2403. Exemptions from licensure
Status: in_force

Regardless of whether acts performed are within the definition of the practice of veterinary medicine as defined in subdivision 2401(5) of this title, a license to practice veterinary medicine shall not be required under section 2402 of this title by the following:

(1) The owner of an animal and the owner's full-time regular employee caring for and treating the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.

(2) A person advising with respect to or performing acts that are accepted livestock management practices and animal husbandry practices such as the use of procedures for artificial insemination, dehorning, clipping and shoeing animals, trimming feet, and use of handheld files, rasps, or other devices to remove overgrowth from the teeth of horses (floating), but not to include power-assisted filing or power-assisted floating, extraction of teeth, or other procedures that invade the soft tissue of the mouth. Prescription drugs shall not be used except by or on the order of a licensed veterinarian, as provided by State and federal law.

(3) An employee of the federal, State, or local government performing his or her official duties.

(4) A person who is a regular student in a school of veterinary medicine performing duties or actions assigned by his or her instructors, or working under the direct on-premises supervision of a licensed veterinarian during a school vacation period, or in a preceptorship program.

(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State.

(6) Any merchant or manufacturer selling at his or her regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.

(7) A member of the faculty of a school of veterinary medicine performing his or her regular functions or a person lecturing or giving instructions or demonstrations at a school of veterinary medicine or in connection with a continuing education course or seminar.

(8) Any person selling or applying any pesticide, insecticide, or herbicide.

(9) Any person engaging in bona fide scientific research that reasonably requires experimentation involving animals.

(10) Any employee of a licensed veterinarian performing duties other than diagnosis, prescription, or surgery under the direct on-premises supervision of the veterinarian who is responsible for his or her performance.

(11) A graduate of a foreign college of veterinary medicine who is in the process of obtaining an E.C.F.V.G. certificate performing duties or actions under the direct on-premises supervision of a licensed veterinarian.
26 V.S.A. § 6035 — VT Code / Title 26 / Chapter 109 / Section 6035
§ 6035. Medical insurance
Status: in_force

(a) Promoters licensed in accordance with this subchapter shall carry medical insurance covering all contestants who participate in an event, including a sole match, conducted by the promoter.

(b) The cost of the medical insurance, including deductibles and premiums, shall be borne by the promoter.

(c) The promoter shall obtain medical insurance coverage in an amount to be determined by the Director in rules adopted in accordance with this subchapter that shall cover the expenses for the treatment of any injuries the contestant may suffer as a result of a mixed martial arts event.

(d) The medical insurance coverage shall extend for at least six months following the date of the mixed martial arts event.

(e) No mixed martial arts event shall be approved in the State unless the promoter is in full compliance with the requirements of this section concerning medical insurance coverage.
26 V.S.A. § 3173 — VT Code / Title 26 / Chapter 59 / Section 3173
§ 3173. Private investigator licenses
Status: in_force

(a) The Director shall issue a license to a private investigator after obtaining and approving all of the following:

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

(2) evidence that the applicant has successfully passed any examination required by rule; and

(3) the application fee.

(b) The Director may make inquiries he or she deems necessary into the character, integrity, and reputation of the applicant.

(c) The Director shall require that a person seeking licensure to practice independently as a private investigator has had appropriate experience in investigative work, for a period of not less than two years, as determined by the Director. Such experience may include having been regularly employed as a private investigator licensed in another state or as an investigator for a private investigative agency licensed in this or another state or having been a sworn member of a federal, state, or municipal law enforcement agency.

(d) An application for a license may be denied upon failure of the applicant to provide information required; upon a finding that the applicant does not meet a high standard as to character, integrity, and reputation; or for unprofessional conduct defined in section 3181 of this chapter.
26 V.S.A. § 2132 — VT Code / Title 26 / Chapter 38 / Section 2132
§ 2132. Purpose
Status: in_force

(a) The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

(b) This Compact is designed to achieve the following objectives:

(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;

(2) Enhance the states' ability to protect the public's health and safety;

(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice;

(4) Support spouses of relocating military members;

(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states; and

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
26 V.S.A. § 896 — VT Code / Title 26 / Chapter 15 / Section 896
§ 896. Request for reconsideration; appeals
Status: in_force

A person aggrieved by a refusal to grant a certificate of completion under section 893 of this title or by an order under section 895 of this title may request that the Commissioner reconsider such refusal or order. A request for reconsideration shall be made in writing and shall be filed with the Commissioner within 15 days after receipt of written notice of such refusal or order. The Commissioner shall review the refusal or order within 30 days of the date the request for reconsideration is received. The Commissioner shall issue an order amending, modifying, or affirming the prior refusal or order as circumstances require within 30 days of the date of the review. A person aggrieved by the Commissioner's decision under this section may appeal to the Superior Court, which shall hear the matter de novo.
26 V.S.A. § 6009 — VT Code / Title 26 / Chapter 109 / Section 6009
§ 6009. Fees
Status: in_force

(a) Applicants and persons regulated by this subchapter shall be subject to the following fees:

(b) If the Director exercises jurisdiction over an amateur match under section 6002 of this title, the person that organized, held, advertised, or otherwise conducted the match shall pay a fee of $500.00.
26 V.S.A. § 3196 — VT Code / Title 26 / Chapter 60 / Section 3196
§ 3196. Certificate renewal
Status: in_force

A peer support specialist provider certification and a peer recovery support specialist certification shall be renewed every two years upon application, payment of the required fee in accordance with 3 V.S.A. § 125, and proof of compliance with such continuing education or periodic reexamination requirements established in rule. The fee shall be paid biennially upon renewal.
26 V.S.A. § 583 — VT Code / Title 26 / Chapter 12 / Section 583
§ 583. Meetings
Status: in_force

The Board shall meet at least annually on the call of the Chair or two members.
26 V.S.A. § 913 — VT Code / Title 26 / Chapter 15 / Section 913
§ 913. License fees and licenses
Status: in_force

All licenses shall be issued by the Chair of the Board.
26 V.S.A. § 2068 — VT Code / Title 26 / Chapter 36 / Section 2068
§ 2068. Requirements; applicants; licenses
Status: in_force

An applicant shall satisfy the Board that it has, and licensees shall maintain, the following:

(1) Acceptable storage and handling conditions plus facilities standards.

(2) Minimum liability and other insurance as may be required under any applicable federal or State law.

(3) A security system that includes after hours, central alarm or comparable entry detection capability, restricted premises access, adequate outside perimeter lighting, comprehensive employment applicant screening, and safeguards against employee theft.

(4) An electronic, manual, or any other reasonable system of records, describing activities governed by this subchapter for the two-year period following disposition of each product, which shall be reasonably accessible, as defined by the Board by rule, during any inspection authorized by the Board.

(5) Officers, directors, managers, and other persons in charge of wholesale drug distribution, manufacture, storage, and handling, who shall at all times demonstrate and maintain their capability to conduct business according to sound financial practices as well as State and federal law.

(6) Complete, updated information about the applicant or licensee, which shall be provided to the Board. The information shall include all pertinent ownership and other key personnel and facilities information deemed necessary, by the Board, for enforcement of this subchapter. Any changes in such information shall be submitted at the time of license renewal or within 12 months from the date of such change, whichever occurs first.

(7) Written policies and procedures that assure reasonable wholesale distributor preparation for, protection against, and handling of any facility security or operation problems, including those caused by natural disaster or government emergency, inventory inaccuracies or product shipping and receiving, outdated product or other unauthorized product control, appropriate disposition of returned goods, and product recalls.

(8) Sufficient inspection procedures for all incoming and outgoing product shipments.

(9) Operations in compliance with all federal requirements.

(10)(A) Compliance with standards and procedures that the Board shall adopt by rule concerning provisions for initial and periodic on-site inspections, criminal and financial background checks, ongoing monitoring, reciprocity for out-of-state entities inspected by a third party organization recognized by the Board or inspected and licensed by a State licensing authority with legal standards for licensure that are comparable to the standards adopted by the Board pursuant to this subdivision (10), protection of proprietary information, and any other requirements consistent with the purposes of this subdivision (10).

(B) The Board rules may recognize third party accreditation in satisfaction of some or all of the requirements of this subdivision (10).
26 V.S.A. § 3370 — VT Code / Title 26 / Chapter 71 / Section 3370
§ 3370. Obtaining a new home State license by virtue of Compact privilege
Status: in_force

(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.

(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:

(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.

(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in section 3369 of this title via the data system, without need for primary source verification except for:

(A) an FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544;

(B) other criminal background check as required by the new home state; and

(C) submission of any requisite jurisprudence requirements of the new home state.

(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.

(4) Notwithstanding any other provision of this Compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in section 3369 of this title, the new home state shall apply its requirements for issuing a new single-state license.

(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.

(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.

(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state license.

(e) 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. § 2597 — VT Code / Title 26 / Chapter 45 / Section 2597
§ 2597. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 5507 — VT Code / Title 26 / Chapter 106 / Section 5507
§ 5507. Fees
Status: in_force

A person regulated under this chapter shall pay the following fees at initial application and biennial renewal:

(1) Registration, individual: $75.00.

(2) Registration, business organization: $250.00.

(3) State certifications: $75.00 for a first certification and $25.00 for each additional certification.
26 V.S.A. § 1318 — VT Code / Title 26 / Chapter 23 / Section 1318
§ 1318. Accessibility and confidentiality of disciplinary matters
Status: in_force

(a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them and to fulfill the public's right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.

(b) All meetings and hearings of the Board shall be open to the public, except in accord with 1 V.S.A. § 313.

(c)(1) The Commissioner of Health shall prepare and maintain a register of all complaints, which shall be a public record, and which shall show:

(A) with respect to all complaints, the following information:

(i) the date and the nature of the complaint, but not including the identity of the licensee; and

(ii) a summary of the completed investigation; and

(B) only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action and except as provided in subdivision (2) of this subsection (c), the following additional information, except for medical and other protected health information contained therein pertaining to any identifiable person that is otherwise confidential by State or federal law:

(i) the name and business addresses of the licensee and complainant;

(ii) formal charges, provided they have been served or a reasonable effort to serve them has been made;

(iii) the findings, conclusions, and order of the Board;

(iv) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;

(v) stipulations presented to the Board at a public meeting;

(vi) final disposition of the matter by the courts; and

(vii) a summary of the final disposition of the matter indicating any charges that were dismissed and any charges resulting in a finding of unprofessional conduct.

(2) The Commissioner shall remove from the register any of the information described in subdivision (1)(B) of this subsection if the final disposition of the matter dismisses all charges filed against a licensee in the same action. The Commissioner shall ensure that the period for appealing an order has expired prior to removing any such information from the register, and shall remove that information within five business days of the expiration of the appeal period.

(d) The Commissioner shall not make public any information regarding disciplinary complaints, proceedings, or records, except the information required to be released under this section. The Commissioner shall, upon request, provide information that was maintained on the register under subdivision (c)(1) of this section but that was later removed from the register under the provisions of subdivision (c)(2) of this section.

(e) A licensee or applicant shall have the right to inspect and copy all information in the possession of the Department of Health pertaining to the licensee or applicant, except investigatory files that have not resulted in charges of unprofessional conduct and attorney work product.

(f) As used in this section, “disciplinary action” means action that suspends, revokes, limits, or conditions licensure or certification in any way, and includes reprimands and administrative penalties.

(g) Nothing in this section shall prohibit the disclosure of information by the Commissioner regarding disciplinary complaints to Vermont or other state or federal law enforcement or regulatory agencies in the execution of its duties authorized by statute or regulation, including the Department of Disabilities, Aging, and Independent Living or the Department of Financial Regulation in the course of its investigations about an identified licensee, provided the agency or department agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section.

(h) Nothing in this section shall prohibit the Board, at its discretion, from sharing investigative and adjudicatory files of an identified licensee with another state, territorial, or international medical board at any time during the investigational or adjudicative process.

(i) Neither the Commissioner nor any person who received documents, material, or information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, material, or information.
26 V.S.A. § 2677 — VT Code / Title 26 / Chapter 47 / Section 2677
§ 2677. Revocation; suspension and refusing of renewal of license
Status: in_force

The Director may, in his or her discretion, refuse to issue, suspend, revoke, or refuse to renew a license when the applicant or licensee engages in any of the following conduct or the conduct set forth in 3 V.S.A. § 129a:

(1) is guilty, upon the finding of a court of competent jurisdiction, of violating the provisions of this chapter;

(2) is incompetent to practice, by reason of addiction to alcohol, narcotics, or other habit-forming drugs;

(3) is guilty of fraud or deceit in practice as an optician;

(4) violates, induces others to violate, or cooperates with others in violating any of the rules and regulations of the profession;

(5) advertises in any manner that would tend to deceive or mislead the public, or engages in any form of house-to-house canvassing or soliciting for the sale of eyeglasses or other ophthalmic materials or services;

(6) participates in the division, assignment, rebate, or refund of fees or parts thereof in connection referrals from the prescriber; or

(7) originates, issues, alters, or changes in any way any optical prescription, or practices ocular refraction, orthoptics, or visual training, or offers to do so.
26 V.S.A. § 4457 — VT Code / Title 26 / Chapter 87 / Section 4457
§ 4457. Licensure; applications; eligibility
Status: in_force

An applicant for licensure under this chapter shall submit an application to the Office on a form furnished by the Office, along with payment of the specified fee and evidence of the eligibility qualifications established by the Director that shall include, at a minimum:

(1) a master's degree or equivalent in speech-language pathology from an educational institution approved by the Director with course work completed in areas specified by rule;

(2) completion of a supervised clinical practicum, the length and content of which shall be established by rule;

(3) completion of a period, as determined by rule, of postgraduate professional training as approved by the Director; and

(4) passing an examination in speech-language pathology approved by the Director.
26 V.S.A. § 5021 — VT Code / Title 26 / Chapter 97 / Section 5021
§ 5021. Eligibility for licensure
Status: in_force

(a) To be eligible for licensure as a designer, an applicant shall be at least 18 years of age; able to read and write the English language; hold a high school diploma, General Equivalency Diploma (GED), or equivalent; and demonstrate such specific education, training, experience, and examination performance as the Director may by rule require to hold the class of license sought.

(b) The Director may waive examination for an applicant licensed or certified in good standing by a foreign jurisdiction found by the Director to enforce equivalent standards to obtain the class of license sought in this State. The applicant's previous job description and experience in the design field may be considered.
26 V.S.A. § 3216 — VT Code / Title 26 / Chapter 61 / Section 3216
§ 3216. Definitions
Status: in_force

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active military member” means any individual with full-time-duty status in the U.S. Armed Forces, including members of the National Guard and Reserve.

(2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state's laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action.

(3) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

(4) “Charter member states” means member states who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as described in section 3228 of this title.

(5) “Compact Commission” or “Commission” means the government agency whose membership consists of all states that have enacted this Compact, which is known as the Social Work Licensure Compact Commission, as described in section 3224 of this title, and which shall operate as an instrumentality of the member states.

(6) “Current significant investigative information” means:

(A) investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the Commission; or

(B) investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the Commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

(7) “Data system” means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license or licenses, and adverse action information or other information as required by the Commission.

(8) “Disqualifying event” means any adverse action or incident that results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate license.

(9) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

(10) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.

(11) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Compact and Commission.

(12) “Home state” means the member state that is the licensee's primary domicile.

(13) “Impairment” means a condition or conditions that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

(14) “Licensee” means an individual who currently holds a license from a state to practice as a regulated social worker.

(15) “Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

(16) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this Compact.

(17) “Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.

(18) “Multistate license” means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.

(19) “Qualifying national exam” means a national licensing examination approved by the Commission.

(20) “Regulated social worker” means any clinical, master's, or bachelor's social worker licensed by a member state regardless of the title used by that member state.

(21) “Remote state” means a member state other than the licensee's home state.

(22) “Rule” or “rule of the Commission” means a regulation duly promulgated by the Commission, as authorized by the Compact, that has the force of law.

(23) “Single state license” means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.

(24) “Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided.

(25) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.

(26) “Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.
26 V.S.A. § 3358a — VT Code / Title 26 / Chapter 71 / Section 3358a
§ 3358a. Temporary licensure without examination
Status: in_force

(a) A temporary license without examination for practice under the direction of an occupational therapist licensed in Vermont may be issued to a person who applies for the first time to practice occupational therapy in this State as an occupational therapist or as an occupational therapy assistant under section 3355 of this title and meets all other qualifications of that section.

(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as an occupational therapist or as an occupational therapy assistant until:

(1) the applicant takes the next examination provided by the Director of the Office of Professional Regulation under section 3357 of this title, and a determination is made of the applicant's qualifications to practice in this State; or

(2) the necessary data for licensure without examination under section 3358 of this title is collected and ruled on by the Director of the Office of Professional Regulation.

(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the Director of the Office of Professional Regulation, and shall not be renewed except by the Director of the Office of Professional Regulation, subject to proof of an exceptional cause shown by the applicant.
26 V.S.A. § 205a — VT Code / Title 26 / Chapter 3 / Section 205a
§ 205a. License renewal
Status: in_force

(a) Licenses 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 by the license beginning on the expiration date of the license. A license that has lapsed shall be reinstated upon payment of the biennial renewal fee and the late renewal penalty.

(b) The Board may adopt rules necessary for the protection of the public to assure the Board that an applicant whose license has lapsed for more than three years is professionally qualified before reinstatement may occur. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(c) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the Board. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing education as a condition of renewal.
26 V.S.A. § 6033 — VT Code / Title 26 / Chapter 109 / Section 6033
§ 6033. Fees
Status: in_force

Applicants and persons regulated by this subchapter shall be subject to the following fees:
26 V.S.A. § 3193 — VT Code / Title 26 / Chapter 60 / Section 3193
§ 3193. Duties of the Director
Status: in_force

(a) The Director shall:

(1) provide general information to applicants for certification as certified peer support providers or certified peer recovery support specialists, or both;

(2) receive applicants for certification; grant and renew certifications in accordance with this chapter; and deny, revoke, suspend, reinstate, or condition certifications as directed by an administrative law officer;

(3) explain appeal procedures to certified peer support providers, certified peer recovery support specialists, and applicants;

(4) explain complaint procedures to the public;

(5) administer fees collected in accordance with this chapter and 3 V.S.A. § 125; and

(6) refer all disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j).

(b) After consultation with the Commissioners of Health and of Mental Health, the Director shall adopt and amend rules as necessary pursuant to 3 V.S.A. chapter 25 to perform the Director's duties under this chapter.
26 V.S.A. § 5377 — VT Code / Title 26 / Chapter 103 / Section 5377
§ 5377. Evidence of authenticity of notarial act performed in this State
Status: in_force

(a) The authenticity of the official notarial stamp and signature of a notary public may be evidenced by either:

(1) A certificate of authority from the Secretary of State authenticated as necessary.

(2) An apostille from the Secretary of State in the form prescribed by the Hague convention of October 5, 1961 abolishing the requirement of legalization of foreign public documents.

(b) An apostille as specified by the Hague convention shall be attached to any document that requires authentication and that is sent to a nation that has signed and ratified this convention.
26 V.S.A. § 4500 — VT Code / Title 26 / Chapter 87 / Section 4500
§ 4500. Audiology and Speech-Language Pathology Interstate Compact; adoption
Status: in_force

This subchapter is the Vermont adoption of the Audiology and Speech-Language Pathology Interstate 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 Audiology and Speech-Language Pathology Interstate Compact that is enacted by other Compact party states.
26 V.S.A. § 1647 — VT Code / Title 26 / Chapter 28 / Section 1647
§ 1647. Nurse Licensure Compact; adoption
Status: in_force

This subchapter is the Vermont adoption of the Nurse Licensure Compact as amended by the National Council of State Boards of Nursing. 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 Nurse Licensure Compact that is enacted by other Compact party states.
26 V.S.A. § 4152 — VT Code / Title 26 / Chapter 83 / Section 4152
§ 4152. Prohibition; offenses
Status: in_force

(a) A person shall not use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a licensed athletic trainer unless the person is licensed in accordance with this chapter.

(b) A person who violates 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. § 5607 — VT Code / Title 26 / Chapter 107 / Section 5607
§ 5607. Eligibility for licensure
Status: in_force

(a) Eligibility. To be eligible for licensure as a well driller, an applicant shall:

(1) not be in violation of any provisions of this chapter or rules adopted in accordance with the provisions of this chapter; and

(2) demonstrate the education, training, experience, and examination performance as the Director may, by rule, require to hold a license as a well driller.

(b) Classes. The Director shall specify on a license the class or classes of well-driller activities, as those classes are defined in subdivision 5601(6) of this chapter, a licensee is authorized to practice. A licensee may be authorized to perform more than one class of activities under a single license.

(c) The Director, after consultation with advisor appointees and the Department, shall, by rule, establish appropriate application, testing, and renewal procedures for each class of activity under a license.
26 V.S.A. § 1420e — VT Code / Title 26 / Chapter 23 / Section 1420e
§ 1420e. Application and issuance of expedited licensure
Status: in_force

(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the Interstate Commission.

(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. § 731.202.

(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
26 V.S.A. § 3220 — VT Code / Title 26 / Chapter 61 / Section 3220
§ 3220. Authority of Interstate Compact Commission and member state licensing authorities
Status: in_force

(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.

(b) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee's single state license to practice social work in that state.

(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee's multistate authorization to practice in that state.

(e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state.
26 V.S.A. § 3010 — VT Code / Title 26 / Chapter 55 / Section 3010
§ 3010. Fees; licenses
Status: repealed

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

(1) Application for license $240.00

(2) Biennial renewal of license $195.00

(3) [Repealed.]

(4) [Repealed.]
26 V.S.A. § 3355 — VT Code / Title 26 / Chapter 71 / Section 3355
§ 3355. Eligibility
Status: in_force

(a) To be eligible for licensure as an occupational therapist, an applicant:

(1) shall have successfully completed the academic requirements of an educational program for occupational therapists accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;

(2) shall have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and

(3) shall pass an examination as provided in section 3357 of this title.

(b) To be eligible for licensure as an occupational therapy assistant, an applicant:

(1) shall have successfully completed the academic requirements of an educational program for occupational therapy assistants accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;

(2) shall have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and

(3) shall pass an examination as provided in section 3357 of this title.

(c) Occupational therapist applicants must complete a minimum of 24 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.

(d) Occupational therapy assistant applicants must complete a minimum of 16 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.
26 V.S.A. § 5404 — VT Code / Title 26 / Chapter 105 / Section 5404
§ 5404. Exemptions
Status: in_force

(a) The following shall not require a registration under this chapter:

(1) the practice of massage or the practice of bodywork by a student as part of a professional massage or bodywork education program;

(2) the practice of massage or the practice of bodywork by an apprentice as part of a massage or bodywork apprenticeship; or

(3) the practice of massage or the practice of bodywork provided to clients in a manner in which the clients do not have a reasonable expectation of privacy.

(b) The provisions of this chapter requiring individuals to be registered shall not apply to individuals who engage in or offer the practice of massage or the practice of bodywork in the course of their customary duties as physicians, podiatrists, physician assistants, nurses, including advanced practice registered nurses, osteopaths, acupuncturists, athletic trainers, barbers, cosmetologists, estheticians, electrologists, chiropractors, midwives, naturopathic physicians, occupational therapists, physical therapists, or respiratory care practitioners.

(c) Nothing in this chapter shall prohibit a massage therapist, bodyworker, or touch professional from engaging in or offering the practice of massage or the practice of bodywork at a location that is not an establishment, so long as prior to engaging in that practice at that location, the registrant and his or her client agree that the location is acceptable.
26 V.S.A. § 5378 — VT Code / Title 26 / Chapter 103 / Section 5378
§ 5378. Foreign notarial act
Status: in_force

(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.

(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notary public of this State.

(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(f) A consular authentication issued by an individual designated by the U.S. Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
26 V.S.A. § 2544 — VT Code / Title 26 / Chapter 45 / Section 2544
§ 2544. Powers and duties of the Board
Status: in_force

(a) The Board shall:

(1) Adopt rules according to the provisions of 3 V.S.A. chapter 25 that are necessary for the performance of its duties.

(2) Adopt an official seal.

(3) Provide general information to applicants for admission to licensure as land surveyors.

(4) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(5) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. The rules shall require that the applicant's experience be under the supervision of a licensed land surveyor who has been licensed for three years or more, and shall not require that the applicant be in charge of the surveying. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of land surveying, but shall not limit admission to licensure unless there is good reason to believe that licensure of a particular applicant would be inconsistent with safeguarding property and the public welfare.

(6) Inform prospective applicants that they may notify the Board if, after reasonable effort, they have been unable to obtain supervision by a licensee for activities prerequisite to licensure. When the Board receives such a notice, it may interview the prospective applicant, and thereafter shall take whatever action it considers appropriate.

(7) If applications for licensure by examination are pending, offer examinations at least twice each year and pass upon the qualifications of applicants.

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

(9) Adopt rules establishing minimum standards of practice. Standards adopted by the Board shall not exceed the minimum required to protect the public and shall be responsive to a demonstrated need to impose such standards. Rules adopted under this section shall relate to land surveying in the following areas:

(A) Researching deeds and other records.

(B) Measurements.

(C) Evaluation and verification of evidence pertaining to surveying.

(D) Monumentation.

(E) Survey reports and documents.

(b) The Board may conduct disciplinary proceedings as provided for in 3 V.S.A. chapter 5.
26 V.S.A. § 915 — VT Code / Title 26 / Chapter 15 / Section 915
§ 915. Employment of inspectors; appropriation
Status: in_force

The Department of Public Safety is authorized to employ inspectors as necessary for carrying out the responsibilities of the Commissioner under section 893 of this title.
26 V.S.A. § 3225 — VT Code / Title 26 / Chapter 61 / Section 3225
§ 3225. Data system
Status: in_force

(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

(b) The Commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the Commission.

(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

(1) identifying information;

(2) licensure data;

(3) adverse actions against a license and information related thereto;

(4) nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;

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

(6) the presence of current significant investigative information; and

(7) other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.

(d) The records and information provided to a member state pursuant to this Compact or through the data system, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.

(e)(1) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.

(2) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

(f) 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.

(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
26 V.S.A. § 5605 — VT Code / Title 26 / Chapter 107 / Section 5605
§ 5605. Duties of the Director
Status: in_force

The Director shall:

(1) provide general information to applicants for licensure as well drillers;

(2) receive applications for licensure; grant and renew licenses in accordance with this chapter; and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;

(3) after consultation with the Department, administer or approve examinations and training programs;

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

(5) administer fees collected in accordance with this chapter and 3 V.S.A. § 125;

(6) refer all disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j); and

(7) with advice of the advisor appointees and in collaboration with the Department, adopt or amend rules necessary to implement the provisions of this chapter.
26 V.S.A. § 3026 — VT Code / Title 26 / Chapter 55 / Section 3026
§ 3026. Compact temporary authorization to practice
Status: in_force

(a) Compact states shall also recognize the right of a psychologist, licensed in a Compact state in conformance with section 3024 of this title, to practice temporarily in other Compact states, called Distant States, in which the psychologist is not licensed, as provided in the Compact.

(b) To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact state must:

(1) hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

(A) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

(B) a foreign college or university deemed to be equivalent to subdivision (A) of this subdivision (b)(1) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

(2) hold a graduate degree in psychology that meets the following criteria:

(A) The program, wherever it may administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

(B) The psychology program must stand as a recognizable, coherent, organizational entity within the institution.

(C) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.

(D) The program must consist of an integrated, organized sequence of study.

(E) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.

(F) The designated director of the program must be a psychologist and a member of the core faculty.

(G) The program must have an identifiable body of students who are matriculated in that program for a degree.

(H) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology.

(I) The curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a master's degree.

(J) The program includes an acceptable residency as defined by the rules of the Commission.

(3) possess a current, full, and unrestricted license to practice psychology in a Home State that is a Compact state;

(4) have no history of adverse action that violate the rules of the Commission;

(5) have no criminal record history that violates the rules of the Commission;

(6) possess a current, active IPC;

(7) provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

(8) meet other criteria as defined by the rules of the Commission.

(c) A psychologist practicing into a Distant State under the Temporary Authorization to Practice shall practice within the scope of practice authorized by the Distant State.

(d) A psychologist practicing into a Distant State under the Temporary Authorization to Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance with that state's due process law, limit or revoke a psychologist's Temporary Authorization to Practice in the Distant State and may take any other necessary actions under the Distant State's applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes action, the state shall promptly notify the Home State and the Commission.

(e) If a psychologist's license in any Home State, another Compact state, or any Temporary Authorization to Practice in any Distant State, is restricted, suspended, or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact state under the Temporary Authorization to Practice.