26 V.S.A. § 4040 — VT Code / Title 26 / Chapter 76 / Section 4040
§ 4040. Renewals
Status: repealed

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal has completed at least 20 hours of continuing education, approved by the Board, during the preceding two-year period.

(1) The Board shall establish, by rule, guidelines and criteria for continuing education credit. Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training. Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont's health care system.

(2) The continuing education requirement shall not apply for the first renewal period. If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.

(b) Biennially, the Board shall forward a renewal form to each licensed marriage and family therapist. Upon receipt of the completed form and the renewal fee, the Board shall renew a license.

(c) 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.

(d) [Repealed.]
26 V.S.A. § 2077 — VT Code / Title 26 / Chapter 36 / Section 2077
§§ 2077-2079. Repealed. 2015, No. 38, § 24, eff. May 28, 2015.
Status: in_force

(a) A retail or institutional drug outlet licensed under this chapter or a postsecondary school, as defined in and subject to 16 V.S.A. § 176, may make over-the-counter emergency contraception and other nonprescription drugs or articles for the prevention of pregnancy or conception available through a vending machine or similar device.

(b) Notwithstanding any provision of subsection 2032(h) of this chapter to the contrary, the Board may adopt rules in accordance with 3 V.S.A. chapter 25 to regulate the location, operation, utilization, and oversight of the vending machines and similar devices described in subsection (a) of this section in a manner that balances consumer access with appropriate safeguards for theft prevention and safety.
26 V.S.A. § 1743a — VT Code / Title 26 / Chapter 31 / Section 1743a
§ 1743a. Payment for medical services
Status: in_force

(a) As used in this section:

(1) “Health insurer” has the same meaning as in 18 V.S.A. § 9402.

(2) “Participating provider” has the same meaning as in 18 V.S.A. § 9418 and includes providers participating in the Vermont Medicaid program.

(b) Health insurers and, to the extent permitted under federal law, Medicaid shall reimburse a participating provider who is a physician assistant for any medical service delivered by the physician assistant if the same service would be covered if delivered by a physician. Physician assistants are authorized to bill for and receive direct payment for the medically necessary services they deliver.

(c) To provide accountability and transparency for patients, payers, and the health care system, the physician assistant shall be identified as the treating provider in the billing and claims processes when the physician assistant delivered the medical services to the patient.

(d) A health insurer shall not impose any practice, education, or collaboration requirement for a physician assistant that is inconsistent with or more restrictive than the provisions of this chapter.
26 V.S.A. § 1391 — VT Code / Title 26 / Chapter 23 / Section 1391
§ 1391. Qualifications for medical licensure
Status: in_force

(a) Basic requirements.

(1) An applicant for physician licensure as a medical doctor shall meet each of the requirements set forth in subdivisions (2)(A) through (D) of this subsection. A requirement may be met either by satisfying the requirement on its own terms or by qualifying for an exception established in this chapter or by the Board by rule.

(2) An applicant shall submit evidence of identity acceptable to the Board as set forth by rule and shall establish that the applicant:

(A) is at least 18 years of age;

(B) has completed high school, or the equivalent, and at least two years of undergraduate postsecondary school;

(C) has graduated from a medical school accredited by an organization that is acceptable to the Board, or from a medical school that has been approved by the Board by rule, with a degree of doctor of medicine or an equivalent as may be determined by the Board; and

(D) is of sound moral character and professional competence as evidenced by:

(i) references submitted in accordance with rules adopted by the Board;

(ii) a personal interview, as may be required in the discretion of the Board; and

(iii) the applicant's entire personal history, as established by information about the applicant's academic, licensing examination, employment, professional credentialing, professional certification, professional regulation, civil litigation, and criminal records submitted by the applicant or otherwise obtained by the Board in the application process.

(b) Postgraduate training requirements.

(1) A graduate of a U.S. or Canadian medical school accredited by a body that is acceptable to the Board shall submit evidence of the successful completion of at least two years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board and that meets such other requirements as the Board may establish by rule.

(2) A graduate of a Board-approved medical school outside the United States or Canada shall submit evidence of success of completing at least three years of postgraduate training in a U.S. or Canadian program accredited by an organization that is acceptable to the Board and that meets such other requirements as the Board may establish by rule.

(c) Examination. An applicant shall satisfy the Board's requirements for medical licensing examination as established by the Board by rule. The Board may identify which examinations are accepted, set passing standards, and set limits on time and numbers of attempts for exams. The Board may establish by rule exceptions or alternative means to meet examination requirements.

(d) ECFMG certificate. A graduate of a medical school outside the United States or Canada shall also submit evidence of certification by the Educational Commission for Foreign Medical Graduates unless the individual qualifies for licensure as a Fifth Pathway applicant, as established by the Board by rule.

(e) Current medical practice. An applicant for licensure shall have actively engaged in the practice of medicine, as defined by section 1311 of this chapter, within three years prior to the date on which the application for licensure becomes complete. In its discretion, the Board may license an applicant who does not meet this practice requirement but who agrees to such conditions as the Board may reasonably require to verify or confirm the applicant's readiness to reenter the practice of medicine.

(f) License by faculty appointment.

(1) The Board may issue a license without examination to a reputable physician who is a resident of a foreign country and who furnishes to the Board satisfactory proof of appointment to the faculty of a medical college in Vermont that is accredited by the Liaison Committee on Medical Education (LCME). The Board may establish additional conditions and requirements by rule for this type of license.

(2) An applicant for a license pursuant to this subsection shall furnish to the Board satisfactory proof that the applicant is at least 18 years of age, has good moral character, is licensed to practice medicine in the applicant's country of residence, and has been appointed to the faculty of an LCME-accredited medical college located in Vermont. The application shall include detailed information concerning the nature and term of the appointment, the method by which the applicant's performance will be monitored and evaluated, and any other information the Board may require by rule.

(3) A license issued pursuant to this subsection shall be for a period not to exceed the term of the faculty appointment and may, in the Board's discretion, be for a shorter period.

(4) A license issued pursuant to this subsection shall expire automatically upon termination for any reason of the licensee's faculty appointment.
26 V.S.A. § 3275e — VT Code / Title 26 / Chapter 65 / Section 3275e
§ 3275e. Obtaining a new home state license based on privilege
Status: in_force

(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.

(b) If a licensed professional counselor changes primary state of residence by moving between two member states:

(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, 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 a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in section 3275d of this chapter via the data system, without need for primary source verification except for:

(A) a Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Pub. L. No. 92-544;

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

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

(3) The former home state shall convert the former home state license into a privilege to practice 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 licensed professional counselor cannot meet the criteria in section 3275d of this chapter, the new home state may apply its requirements for issuing a new single state license.

(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.

(c) If a licensed professional counselor changes primary state of residence by moving from a member state to a non-member state, or from a non-member 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. § 2405 — VT Code / Title 26 / Chapter 44 / Section 2405
§ 2405. Immunity from liability for good samaritan acts
Status: in_force

(a) For purposes of this section, an “emergency” shall include a fire, flood, storm, or other natural disaster, hazardous chemical or substance incident, vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life.

(b) A veterinarian licensed by the Board or any other person who, in good faith, provides care and treatment to an animal during an emergency shall not be held liable for civil damages by the owner of the animal, unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration.

(c) Nothing contained in this section shall alter existing law with respect to tort liability of a practitioner of veterinary medicine for acts committed in the ordinary course of his or her practice.
26 V.S.A. § 4514 — VT Code / Title 26 / Chapter 87 / Section 4514
§ 4514. Binding effect of Compact and other laws
Status: in_force

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

(d) All agreements between the Commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
26 V.S.A. § 1739 — VT Code / Title 26 / Chapter 31 / Section 1739
§ 1739. Legal liability
Status: in_force

Physician assistants are responsible for their own medical decision making. A participating physician in a practice agreement with a physician assistant shall not, by the existence of the practice agreement alone, be legally liable for the actions or inactions of the physician assistant; provided, however, that this does not otherwise limit the liability of the participating physician.
26 V.S.A. § 6013 — VT Code / Title 26 / Chapter 109 / Section 6013
§ 6013. Tax on professional boxing contests
Status: in_force

Any person holding or conducting a professional boxing match shall notify the Director not less than five days in advance of the holding of the match, and after the match is concluded shall immediately pay to the Director a sum, designated as a gate tax, which shall be an amount equal to five percent of the gross receipts, exclusive of any federal tax thereon. Gate tax shall be deposited in the Professional Regulatory Fee Fund and used to carry out the provisions of this subchapter. Payments required by this section shall be accompanied by reports in the form required by the Director. All tickets of admission to a professional boxing match shall bear clearly the purchase price on the face of the ticket.
26 V.S.A. § 4105 — VT Code / Title 26 / Chapter 79 / Section 4105
§ 4105. License requirements
Status: repealed

(a) Initial registration.

(1) A person who intends to engage in the practice of tattooing, permanent cosmetics, or body piercing in this State shall register with the Office of Professional Regulation and shall pay the required fee.

(2) Registration shall be in the form required by the Director and shall include such information as the Director may require concerning the location of the registrant's practice, the registrant's qualification, and the nature of the services offered.

(b) Tattooists and body piercers.

(1)(A) As a prerequisite to licensure, a tattooist or body piercer applicant shall provide proof of an apprenticeship of at least 1,000 hours of experience obtained within two calendar years working under the direct supervision of a body piercer or tattooist licensed and in good standing with this State or the state in which the body piercer or tattooist is regulated, and who has been in practice a minimum of three years.

(B) The Director may adopt rules to require additional information from applicants to prove completion of an apprenticeship.

(2) Apprenticeships shall include successful completion of a three-hour course in universal precautions and infectious diseases.

(3) Apprentices shall register with the Office prior to beginning the apprenticeship in accordance with rules adopted by the Director.

(4) As used in this subsection, “good standing” shall mean that the tattooist or body piercer supervisor holds a current, unrestricted license in this State or an unrestricted authorization to practice tattooing or body piercing in another state. A tattooist or body piercer who holds a restricted license or restricted authorization to practice may petition the Director for permission to be a tattooist or body piercer supervisor, which may be granted by the Director for good cause shown.

(c) Permanent cosmetologists.

(1)(A) As a prerequisite to licensure for the practice of permanent cosmetics, an applicant shall provide proof of a course of approved study lasting at least 60 hours.

(B)(i) In addition, the applicant shall obtain at least 40 hours of practical experience, within two calendar years preceding the application, working under the direct supervision of a tattooist or permanent cosmetologist licensed and in good standing with this State or the state in which the tattooist or permanent cosmetologist is regulated, and who has been in practice a minimum of three years.

(ii) The Director may adopt rules to require additional information from applicants to prove completion of an apprenticeship.

(2) Training shall include successful completion of a three-hour course in universal precautions and infectious diseases.

(3) Prior to training and obtaining practical experience, applicants shall register with the Office in accordance with rules adopted by the Director.

(4) As used in this subsection, “in good standing” shall mean that the permanent cosmetologist or tattooist supervisor holds a current, unrestricted license in this State or an unrestricted authorization to practice permanent cosmetics or tattooing in another state. A permanent cosmetologist or tattooist who holds a restricted license or restricted authorization to practice may petition the Director for permission to be a supervisor, which the Director may grant for good cause shown.

(d) Shops. A shop shall not operate in this State without first registering with the Office of Professional Regulation and paying a fee of $100.00. Registration shall be in the form required by the Director.

(1) A shop shall not be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

(2) All shops shall designate a person who is licensed under this chapter in at least one of the professions being practiced in the shop, be it tattooing, body piercing, or permanent cosmetics, who shall be responsible for overall cleanliness and sanitation of the shop.

(3) The practice of tattooing or body piercing shall be permitted only in registered tattooing and body piercing shops.

(4) The practice of permanent cosmetics shall be permitted only in:

(A) a licensed permanent cosmetic shop;

(B) a cosmetology shop licensed under chapter 6 of this title;

(C) anywhere the practice of tattooing is permitted;

(D) on the premises of a health care professional licensed pursuant to this title; and

(E) on premises meeting the sanitation requirements of this chapter as determined by the Director or as set forth by rule.

(5) Notwithstanding the provisions of this subsection, a tattoo shop licensed under this chapter or a cosmetology shop licensed under chapter 6 of this title may provide permanent cosmetics services by a person licensed under this chapter without obtaining an additional shop license for the same premises, provided that the Director may require by rule permanent cosmetologists to report all locations of their practice to the Director as a condition of licensure or license renewal.

(6) All registered shops shall report to the Director within 48 hours after a change of location. The Director may require shops to undergo a new inspection prior to beginning the practice of tattooing, body piercing, or permanent cosmetics at the new location. The Director may permit a relocated shop to continue operation under its existing registration.

(e) [Repealed.]
26 V.S.A. § 566 — VT Code / Title 26 / Chapter 12 / Section 566
§ 566. Nondental anesthesia
Status: in_force

(a) A dentist may administer nondental anesthesia if he or she meets the following requirements:

(1) the administration of anesthesia occurs only in a hospital where the dentist is credentialed to perform nondental anesthesiology;

(2) the dentist holds an academic appointment in anesthesiology at an accredited medical school;

(3) the dentist has successfully completed a full anesthesiology residency in a program approved by the Accreditation Council for Graduate Medical Education;

(4) the dentist has a diploma from the National Board of Anesthesiology; and

(5) the dentist practicing nondental anesthesia is held to the same standard of care as a physician administering anesthesia under the same or similar circumstances.

(b) The Board shall refer a complaint or disciplinary proceeding about a dentist arising from his or her administration of nondental anesthesiology to the Board of Medical Practice, which shall have jurisdiction to investigate and sanction and limit or revoke the dentist's license to the same extent that it may for physicians licensed under chapter 23 of this title.
26 V.S.A. § 2295 — VT Code / Title 26 / Chapter 41 / Section 2295
§ 2295. Display of license
Status: in_force

All licenses shall be conspicuously displayed within licensee's place of business.
26 V.S.A. § 6039 — VT Code / Title 26 / Chapter 109 / Section 6039
§ 6039. Tax; post-event report by promoter
Status: in_force

(a) Every promoter shall, not later than seven days after the conclusion of a mixed martial arts event, submit a post-event report to the Office in accordance with rules adopted pursuant to this subchapter. The report shall include the exact number of tickets to the event sold, the amount of gross and net receipts from the event, and any other facts as the Director may by rule require. The promoter shall report on tickets sold to an entire event not to an individual match within an event.

(b) Every promoter shall, not later than seven days after the conclusion of a mixed martial arts event, pay to the Office by certified check a tax of five percent of the receipts from tickets, admission fees, and sponsorships after all costs from the event and any other State and federal taxes thereon have been paid. The promoter shall pay the tax on the receipts from the entire event. This tax shall be deposited in the Professional Regulation Fee Fund and used to carry out the provisions of this subchapter.

(c) If the report required under this section and the accompanying tax are not paid within the seven days required, the Office may examine, or cause to be examined, the books and records of the promoter and any corporation on behalf of which the promoter held the event.
26 V.S.A. § 3194 — VT Code / Title 26 / Chapter 60 / Section 3194
§ 3194. Advisor appointees
Status: in_force

(a)(1) After consultation with the Commissioners of Health and of Mental Health, the Secretary of State shall appoint two certified peer support providers, two certified peer recovery support specialists, one representative from the Department of Health, and one representative from the Department of Mental Health to serve as advisors to the Director in matters relating to peer support and recovery support. Advisors shall be appointed to five-year staggered terms to serve as advisors in matters related to the administration of this chapter. At least one of the initial appointments shall be less than a five-year term.

(2) A certified peer support provider serving as an advisor shall:

(A) have at least three years' experience as a peer support provider immediately preceding appointment;

(B) be certified as a peer support provider in Vermont at the time of appointment and during incumbency; and

(C) remain actively engaged in the practice of peer support in this State during incumbency.

(3) A certified peer recovery support specialist serving as an advisor shall:

(A) be certified as a peer recovery support specialist in Vermont at the time of appointment and during incumbency; and

(B) remain actively engaged in the practice of recovery support services in this State during incumbency.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. Advisors who are not employed by the State 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. § 1647f — VT Code / Title 26 / Chapter 28 / Section 1647f
§ 1647f. Coordinated licensure information system
Status: in_force

(a) All party states shall participate in a coordinated licensure information system of all licensed RNs and LPNs/VNs. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, current significant investigative information, denials of applications with the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.

(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

(h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum:

(1) identifying information;

(2) licensure data;

(3) information related to alternative program participation; and

(4) other information that may facilitate the administration of this Compact, as determined by Commission rules.

(i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
26 V.S.A. § 3009 — VT Code / Title 26 / Chapter 55 / Section 3009
§ 3009. Organization of Board
Status: in_force

The Board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the Chair or at written request of any two members of the Board. A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.
26 V.S.A. § 4062 — VT Code / Title 26 / Chapter 77 / Section 4062
§ 4062. Unprofessional conduct
Status: in_force

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

(1) Failing to use a complete title in professional activity.

(2) Conduct that evidences moral unfitness to practice psychoanalysis.

(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the certified psychoanalyst has had a professional relationship within the previous two years.

(4) Harassing, intimidating, or abusing a client.

(5) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychoanalyst's objectivity or otherwise interfere with the psychoanalyst's professional obligations.

(6) Practicing outside or beyond a psychoanalyst's area of training, experience, or competence without appropriate supervision.

(7) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.

(b) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a certification tendered by the subject of a disciplinary investigation.

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

(d) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the administrative law officer may take disciplinary action against the certified psychoanalyst or applicant. That action 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 appropriate treatment.

(2) A restriction that a certified psychoanalyst practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a certified psychoanalyst participate in continuing education as directed by the Office of Professional Regulation in order to overcome specified deficiencies.

(4) A requirement that the certified psychoanalyst's scope of practice be restricted to a specified extent.

(e) The administrative law officer may reinstate a revoked certification on terms and conditions that the administrative law officer deems to be proper.
26 V.S.A. § 521 — VT Code / Title 26 / Chapter 10 / Section 521
§ 521. Definitions
Status: in_force

As used in this chapter:

(1) “Adjunctive therapies” means to treat the human body by manual, mechanical, electrical, or natural methods, or by the use of physical means which include light, heat, water, or exercise in preparation for a chiropractic adjustment or manipulation.

(2) “Board” means the Board of Chiropractic created under section 527 of this title.

(3) “The practice of chiropractic” means the diagnosis of human ailments and diseases related to subluxations, joint dysfunctions, and neuromuscular and skeletal disorders for the purpose of their detection, correction, or referral in order to restore and maintain health, including pain relief, without providing drugs or performing surgery; the use of physical and clinical examinations, conventional radiologic procedures and interpretation, as well as the use of diagnostic imaging read and interpreted by a person so licensed and clinical laboratory procedures to determine the propriety of a regimen of chiropractic care; adjunctive therapies approved by the Board, by rule, to be used in conjunction with chiropractic treatment; and treatment by adjustment or manipulation of the spine or other joints and connected neuromusculoskeletal tissues and bodily articulations.

(4) “Chiropractor” or “chiropractic physician” means a person licensed under this chapter.

(5) “Disciplinary action” includes any action taken by the Board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including refusing to give an examination, refusing to grant or renew a license, suspending or revoking a license, placing limitations or restrictions upon a license, and issuing reprimands and warnings.
26 V.S.A. § 370 — VT Code / Title 26 / Chapter 7 / Section 370
§ 370. Application
Status: in_force

Application for licensure shall be upon forms furnished by the Board and shall be accompanied by payment of the specified fee.
26 V.S.A. § 2412 — VT Code / Title 26 / Chapter 44 / Section 2412
§ 2412. Functioning of licensing Board
Status: in_force

(a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary.

(b) Meetings may be called by the Chair and shall be called upon the request of any other three members.

(c) A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.
26 V.S.A. § 5104 — VT Code / Title 26 / Chapter 99 / Section 5104
§ 5104. Exceptions
Status: in_force

This chapter does not prohibit:

(1) the furnishing of assistance in the case of an emergency or disaster; or

(2) a person not licensed under this chapter from working under the direct or indirect supervision of a pollution abatement facility operator, where such employment is consistent with the terms, conditions, and intent of a facility's permit.
26 V.S.A. § 3381 — VT Code / Title 26 / Chapter 73 / Section 3381
§ 3381. Definitions
Status: in_force

As used in this chapter:

(1) “Academy of Nutrition and Dietetics” means the national professional organization of dietitians that provides direction and leadership for quality dietetic practice, education, and research.

(2) “Certified dietitian” means a person who is certified to practice dietetics under this chapter.

(3) “Commission on Dietetic Registration” means the Commission on Dietetic Registration that is a member of the National Commission for Certifying Agencies.

(4) “Dietetics” means advising and assisting individuals or groups on appropriate dietary intake by integrating information from the individual or group assessment with information of food and other sources of nutrients and meal preparation.

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

(6) “Disciplinary action” means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a certified dietitian or an applicant. It includes all sanctions of any kind, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings, and other similar sanctions.
26 V.S.A. § 3294 — VT Code / Title 26 / Chapter 67 / Section 3294
§ 3294. Application for licensure as hearing aid dispenser
Status: in_force

An application for licensure as a hearing aid dispenser shall be made on a form furnished by the Director and shall be accompanied by the application and examination fees and evidence of eligibility as requested by the Director.
26 V.S.A. § 4154 — VT Code / Title 26 / Chapter 83 / Section 4154
§ 4154. Office of Professional Regulation
Status: in_force

(a) The Director shall:

(1) Provide general information to applicants for licensure as athletic trainers.

(2) Explain appeal procedures to licensed athletic trainers and applicants, and complaint procedures to the public.

(3) Administer fees as established by law.

(4) Receive applications for licensure, administer examinations, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses as ordered by an administrative law officer.

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

(b) The Director may adopt rules necessary to perform his or her duties under this section.
26 V.S.A. § 3213 — VT Code / Title 26 / Chapter 61 / Section 3213
§ 3213. Disclosure of information
Status: in_force

(a) The Director, in consultation with the advisor appointees, shall adopt rules requiring licensees to disclose to each client the licensee'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 licensee 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.

(b) A licensed master's social worker employed by an agency that provides each client disclosure information equivalent to that described in subsection (a) of this section meets this section's disclosure requirements.
26 V.S.A. § 3272 — VT Code / Title 26 / Chapter 65 / Section 3272
§ 3272. Professional designation
Status: in_force

Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of a clinical mental health counselor of a professional designation issued by a nationally recognized professional licensing organization.
26 V.S.A. § 2858 — VT Code / Title 26 / Chapter 52 / Section 2858
§ 2858. Unprofessional conduct
Status: in_force

(a) The following conduct and the conduct described in section 1354 of this title by a certified radiologist assistant constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of certification:

(1) fraud or misrepresentation in applying for or procuring a certificate or in connection with applying for or procuring a periodic recertification as a radiologist assistant;

(2) occupational advertising that is intended or has a tendency to deceive the public;

(3) exercising undue influence on or taking improper advantage of a person using the radiologist assistant's services or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the radiologist assistant or of a third party;

(4) failing to comply with provisions of federal or state law governing the profession;

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

(6) conduct that evidences unfitness to practice in the profession;

(7) making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file the proper professional report or record;

(8) practicing the profession when mentally or physically unfit to do so;

(9) failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes as determined by the Board:

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

(B) failure to conform to the essential standards of acceptable and prevailing practice;

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

(11) making any material misrepresentation in the practice of the profession, whether by commission or omission;

(12) holding one's self out as or permitting one's self to be represented as a licensed physician;

(13) performing otherwise than at the direction and under the supervision of a radiologist licensed by the Board;

(14) accepting the delegation of or performing or offering to perform a task or tasks beyond the person's scope of practice as defined by the Board;

(15) administering, dispensing, or prescribing any controlled substance other than as authorized by law;

(16) failing to comply with an order of the Board or violating any term or condition of a certification restricted by the Board;

(17) delegating professional responsibilities to a person whom the certified professional knows or has reason to know is not qualified by training, experience, education, or licensing credentials to perform;

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

(19) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the radiologist assistant's ability to provide medical services; or

(20) revocation of certification to practice as a radiologist assistant in another jurisdiction on one or more of the grounds specified in subdivisions (1)-(19) of this subsection.

(b) A person aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.
26 V.S.A. § 2676 — VT Code / Title 26 / Chapter 47 / Section 2676
§ 2676. License; renewal; reinstatement
Status: in_force

(a) A license issued under this chapter shall be valid for a period of two years. A person may renew the license biennially by payment of the renewal fee to the Office.

(b) Any person whose license expired, provided the period of expiration has been less than five years, may reinstate that license by paying the renewal fee plus the late renewal penalty.

(c) Licenses that have lapsed for more than five years may be reinstated by:

(1) demonstrating more than 1,000 hours' licensed practice in another state over the preceding two years; or

(2) successfully completing the national licensing examination within one year prior to applying for reinstatement; and

(3) paying of the renewal fee and late renewal penalty.
26 V.S.A. § 1274 — VT Code / Title 26 / Chapter 21 / Section 1274
§ 1274. Transfer of contracts and assets
Status: in_force

(a) A buyer of prepaid funeral arrangements may transfer a revocable or irrevocable contract and assets to another funeral director under similar arrangements, in Vermont or outside. The funeral director who originated the contract may charge the buyer a transfer fee of no more than five percent of the principal amount of the assets.

(b) A funeral director shall transfer a contract and assets to another funeral director if any of the following events occur:

(1) The funeral director's business is sold.

(2) The funeral director becomes insolvent or bankrupt.

(3) The funeral director ceases to do business. Before transferring a contract and assets under this subsection, the funeral director shall notify the buyer of the director's intent to make such a transfer, and the buyer may choose the funeral director to whom the contract and assets will be transferred.

(c) If a buyer of a prepaid funeral arrangement defaults in making payments required under the terms of the contract, or if the buyer or the person responsible for making funeral arrangements for the deceased beneficiary fails to have the funeral director provide services, the funeral director may retain up to five percent of the amount in the escrow account at the time of default. The escrow agent shall pay the amount retained to the funeral director and the balance to the buyer when the funeral director gives written notice of default.

(d) The assets held in an escrow account, including any earnings on the assets, shall not be available to the funeral director and shall be exempt from levy or execution for the debts of the funeral director, except as otherwise provided in this subchapter.
26 V.S.A. § 3322 — VT Code / Title 26 / Chapter 69 / Section 3322
§ 3322. Use of license number; consumer fee disclosure
Status: in_force

(a)(1) Each licensee or registrant shall be assigned a license or registration number that shall be used in a report, a contract, engagement letter, or other instrument used by the licensee or registrant in connection with the licensee's or registrant's activities under this chapter. The license number shall be placed adjacent to or immediately below the title the licensee is entitled to use under this chapter.

(2) Each licensed appraiser shall ensure that the registration number and the appraiser's fee for appraisal services shall appear adjacent to or immediately below the appraisal management company's registered name on documents supplied to clients or customers in this State.

(b) Each licensed appraiser shall include within the body of the appraisal report the amount of the appraiser's fee for appraisal services.
26 V.S.A. § 1624 — VT Code / Title 26 / Chapter 28 / Section 1624
§ 1624. Registered nurse license renewal
Status: in_force

To renew a license, a registered nurse shall meet continued competency requirements set by the Board by rule.
26 V.S.A. § 2805 — VT Code / Title 26 / Chapter 51 / Section 2805
§ 2805. Penalty and enforcement
Status: in_force

A person found guilty of violating section 2802 or 2804 of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 2502 — VT Code / Title 26 / Chapter 45 / Section 2502
§ 2502. Definitions
Status: in_force

For the purpose of this chapter:

(1) “Board” means the Board of Land Surveyors established under this chapter.

(2) “Disciplinary action” includes any action taken against a licensee for unprofessional conduct.

(3) “Licensed land surveyor” means a person licensed by the Board who is:

(A) a professional specialist in measuring land;

(B) educated in the principles of mathematics, the related physical and applied sciences, and real property law; and

(C) engaged in the practice of land surveying as defined in this section.

(4) “Practice of land surveying” means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following:

(A) locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right-of-way, or easement;

(B) determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point;

(C) making any survey for the division, subdivision, or consolidation of any tract of land;

(D) creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or that define rights in real property, or are used to define such rights;

(E) calculating dimensions and areas, which may be used to define rights in real property.

(5) “Monument” excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs.

(6) “Responsible charge” means direct control and personal supervision.

(7) “Supervision” of an applicant means regular personal review of the applicant's land surveying work.
26 V.S.A. § 1584 — VT Code / Title 26 / Chapter 28 / Section 1584
§ 1584. Prohibitions; offenses
Status: repealed

(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:

(1) sell or fraudulently obtain or furnish any nursing degree, diploma, certificate of registration, license, or any other related document or record, or to aid or abet therein;

(2) practice nursing under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(3) practice nursing unless duly registered and currently licensed to do so under the provisions of this chapter;

(4) use in connection with a name any words, letters, signs, or figures which imply that a person is a registered or practical nurse or an advanced practice registered nurse when not authorized under this chapter;

(5) practice nursing during the time a license issued under this chapter is suspended or revoked;

(6) conduct a nursing education program unless the program has been approved by the Board;

(7) employ unlicensed persons to practice registered nursing, practical nursing, or as a nursing assistant.

(8) [Repealed.]

(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(c) [Repealed.]
26 V.S.A. § 564 — VT Code / Title 26 / Chapter 12 / Section 564
§ 564. Ownership and operation of a dental office or business
Status: in_force

(a) A dental practice may be owned and operated by the following individuals or entities, either alone or in a combination thereof:

(1) a dentist licensed under the provisions of this chapter;

(2) a health department or clinic of this State or of a local government agency;

(3) a federally qualified health center or community health center designated by the U.S. Department of Health and Human Services to provide dental services;

(4) a 501(c)(3) nonprofit or charitable dental organization;

(5) a hospital licensed under the laws of this State;

(6) an institution or program accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training.

(b) The surviving spouse, the executor, or the administrator of the estate of a licensed dentist or the spouse of an incapacitated licensed dentist may employ a dentist licensed under the provisions of this chapter to terminate the practice of the deceased or incapacitated dentist within a reasonable length of time.
26 V.S.A. § 4606 — VT Code / Title 26 / Chapter 89 / Section 4606
§ 4606. Application
Status: in_force

(a) A person who desires to be licensed as an auctioneer shall apply to the Director, in writing, on a form furnished by the Director, accompanied by payment of the required fee. As a prerequisite to licensure, an applicant for licensure as an auctioneer shall have:

(1) completed a course of instruction at an auctioneering school approved by the Director with course requirements consisting of at least 40 clock hours; or

(2) completed an apprenticeship of at least 250 hours of experience obtained within one calendar year that includes active participation in at least six auctions, including bid calling, under the direction and supervision of an auctioneer licensed and in good standing with this State or the state in which he or she is licensed and who has been in practice a minimum of three years. Such proof may be in the form of a sworn affidavit from the supervising auctioneer, including information as the Director may reasonably require on forms provided by the Director. Auctioneer apprentices shall contact the Office for the appropriate forms prior to beginning the apprenticeship. Registered apprentices may perform auctioneering incidental to their apprenticeship under the direct supervision of a licensed auctioneer.

(b)(1) The Director shall license otherwise qualified applicants who have obtained a license in another jurisdiction that has licensure requirements substantially equivalent to those in this State.

(2) For experienced applicants from states without licensure, the Director may allow related education, training, or experience of the applicant on a case-by-case basis to be a substitute for all or part of the apprenticeship requirement.
26 V.S.A. § 3383 — VT Code / Title 26 / Chapter 73 / Section 3383
§ 3383. Director; duties
Status: in_force

(a) The Director shall have the following duties:

(1) To provide general information to applicants for certification as dietitians.

(2) To explain appeal procedures to certified dietitians and applicants and complaint procedures to the public.

(3) To administer fees established by law.

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

(5) To prepare and maintain a registry of certified dietitians.

(b) The Director, after consultation with the advisor appointees, may adopt rules necessary to perform the Director's duties under this section.
26 V.S.A. § 6008 — VT Code / Title 26 / Chapter 109 / Section 6008
§ 6008. Matches; special provisions
Status: in_force

(a) The Director shall designate one or more individuals who shall act as boxing inspectors for professional boxing matches and, at the discretion of the Director, at amateur boxing matches to ensure that boxing laws and rules are strictly observed. Boxing inspectors shall have all the powers of the Director with regard to regulation of a match. Inspectors shall have free access to the dressing rooms of the boxers and shall be present at the weigh-in.

(b) Before a professional match, the promoter shall ensure that each boxer is examined by a health care provider for the purpose of certifying that the boxer is physically fit to compete safely. Copies of the health care provider's certificate shall be filed with the Director prior to the match. In addition, at any time prior to a professional match, the Director may require that a boxer undergo a physical examination, which may include neurological tests and procedures.

(c) A health care provider approved by the Director must be continuously present at ringside during every professional boxing match to observe the physical condition of the boxers. The health care provider shall advise the referee on the condition of the boxers.

(d) The promoter shall ensure that an ambulance and medical personnel, with appropriate resuscitation equipment, are continuously present at the site during a professional boxing match.

(e) A person under the age of 18 shall not participate in any professional match, as that term is described in subdivision 6001(2) of this subchapter.
26 V.S.A. § 3287 — VT Code / Title 26 / Chapter 67 / Section 3287
§ 3287. Advisor appointees
Status: in_force

(a) The Secretary shall appoint one otolaryngologist, one audiologist, one hearing aid dispenser who is neither an otolaryngologist nor an audiologist, and one member of the public to serve as advisors in matters related to audiologists and hearing aid dispensers.

(1) The public member shall be an individual with significant hearing impairment who uses a hearing aid regularly.

(2) The members shall be appointed as set forth in 3 V.S.A. § 129b and shall serve at the pleasure of the Secretary.

(b) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. Such 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. § 1647i — VT Code / Title 26 / Chapter 28 / Section 1647i
§ 1647i. Oversight, dispute resolution, and enforcement
Status: in_force

(a) Oversight.

(1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent.

(2) The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) Default, technical assistance, and termination.

(1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

(A) provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and

(B) provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state's membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred 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.

(3) Termination of membership in this 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 of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.

(4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state.

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

(c) Dispute resolution.

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

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

(3) In the event the Commission cannot resolve disputes among party states arising under this Compact:

(A) The party states may submit the issues in dispute to an arbitration panel, which will be composed of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.

(B) The decision of a majority of the arbitrators shall be final and binding.

(d) Enforcement.

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

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

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
26 V.S.A. § 4132 — VT Code / Title 26 / Chapter 81 / Section 4132
§ 4132. Unprofessional conduct
Status: in_force

(a) The following conduct and conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:

(1) Failing to use a complete or accurate title in professional activity.

(2) Conduct that evidences moral unfitness to practice naturopathic medicine.

(3) Harassing, intimidating, or abusing a patient.

(4) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board.

(5) Abandonment of a patient.

(6) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.

(7) Sexual harassment of a patient.

(8) Engaging in an inappropriate sexual act with a patient.

(9) Willful misrepresentation in treatments.

(10) Practicing naturopathic medicine in an area or areas in which the licensee is not trained to practice.

(11) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.

(b) The Director may refuse to accept the return of a license tendered by the subject of a disciplinary investigation and may notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against the licensee, provided that notice of charges against the licensee has been served or disciplinary action against that person has been taken.

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

(d) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensee or applicant.
26 V.S.A. § 3312 — VT Code / Title 26 / Chapter 69 / Section 3312
§ 3312. Prohibitions; penalty; exemption
Status: in_force

(a) Unless licensed in accordance with the provisions of this chapter, a person shall not:

(1) perform an appraisal in a federally related transaction when a licensed or certified appraiser is required by the Act; or

(2) use in connection with his or her name any letters, words, or insignia indicating that he or she is a State certified or licensed real estate appraiser.

(b) An individual who violates a provision of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(c) A registered appraisal management company shall not be required to be licensed in order to acquire and provide finished appraisals to third parties.
26 V.S.A. § 3204 — VT Code / Title 26 / Chapter 61 / Section 3204
§ 3204. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two individuals licensed under this chapter to serve as advisors in matters relating to licensed social workers. They shall be appointed as set forth in 3 V.S.A. § 129b and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term.

(b) Appointees shall not have less than three years' licensed experience as a social worker and be in active practice in Vermont during incumbency.

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

(d) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. Such members 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. § 1571 — VT Code / Title 26 / Chapter 28 / Section 1571
§ 1571. Purpose and effect
Status: in_force

In order to safeguard the life and health of the people of this State, a person shall not practice or offer to practice registered or practical nursing or as a nursing assistant unless licensed under this chapter.
26 V.S.A. § 3362 — VT Code / Title 26 / Chapter 71 / Section 3362
§ 3362. Professional designation
Status: in_force

Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of an occupational therapist or occupational therapy assistant of a professional designation organization.
26 V.S.A. § 1703 — VT Code / Title 26 / Chapter 30 / Section 1703
§ 1703. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the State Board of Optometry.

(2) The “practice of optometry” means any one or combination of the following practices:

(A) Examining the human eyes and visual system for purposes of:

(i) diagnosing refractive and functional ability; or

(ii) diagnosing the presence of eye and adnexa disease or injury, treating the disease or injury with the appropriate pharmaceutical agents and procedures in accordance with this chapter, and making referrals to the appropriate health care provider when warranted.

(B) Diagnosing and correcting anomalies of the refractive and functional ability of the visual system and the enhancement of visual performance including the following:

(i) prescribing and using ophthalmic lenses, prisms, autorefractor or other automatic testing devices, frames, ophthalmic aids, and prosthetic materials as consistent with the health of the eye;

(ii) prescribing and employing contact lenses; and

(iii) administering visual training, vision therapy, orthoptics, and pleoptics.

(C) Prescribing appropriate pharmaceutical agents for the diagnosis, management, and treatment of the eye and adnexa.

(D) Removing superficial foreign bodies from the eye and adnexa; epilating the eyelashes, including by electrolysis; and punctal dilation, lacrimal irrigation, and punctal plugs insertion.

(E) Managing the following types of glaucoma in patients who are 16 years of age or older:

(i) adult primary open angle glaucoma;

(ii) exfoliative glaucoma;

(iii) pigmentary glaucoma;

(iv) low tension glaucoma;

(v) inflammatory (uveitic) glaucoma; and

(vi) emergency treatment of angle closure glaucoma.

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

(4) “Financial interest” means being:

(A) a licensed practitioner of optometry; or

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

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

(5) “Contact lenses” means those lenses that are worn for cosmetic, therapeutic, or refractive purposes.
26 V.S.A. § 3058 — VT Code / Title 26 / Chapter 56 / Section 3058
§ 3058. Jurisdiction; application of Vermont laws
Status: in_force

A health care professional holding a telehealth license or telehealth registration in accordance with this chapter is subject to the laws and jurisdiction of the State of Vermont, including 18 V.S.A. §§ 9361 and 9362 and laws regarding prescribing, health information sharing, informed consent, supervision and collaboration requirements, and unprofessional conduct.
26 V.S.A. § 1647h — VT Code / Title 26 / Chapter 28 / Section 1647h
§ 1647h. Rulemaking
Status: in_force

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact.

(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(c) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

(1) on the website of the Commission; and

(2) on the website of each licensing board or the publication in which each state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include:

(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

(3) a request for comments on the proposed rule from any interested person; and

(4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(e) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(f) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

(g) The Commission shall publish the place, time, and date of the scheduled public hearing.

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.

(2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) meet an imminent threat to public health, safety, or welfare;

(2) prevent a loss of Commission or party state funds; or

(3) meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.

(l) The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
26 V.S.A. § 3181 — VT Code / Title 26 / Chapter 59 / Section 3181
§ 3181. Unprofessional conduct
Status: repealed

(a) It shall be unprofessional conduct for a licensee, registrant, or applicant to engage in conduct prohibited by this section, or by 3 V.S.A. § 129a.

(b) Unprofessional conduct means any of the following:

(1) conviction of any felony or a crime involving fraud or dishonesty;

(2) failing to make available, upon request of a person using the licensee's services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services;

(3) violating a confidential relationship with a client, or disclosing any confidential client information except:

(A) with the client's permission;

(B) in response to a court order;

(C) when necessary to establish or collect a fee from the client; or

(D) when the information is necessary to prevent a crime that the client intends to commit;

(4) accepting any assignment that would be a conflict of interest because of confidential information obtained during employment for another client;

(5) accepting an assignment that would require the violation of any municipal, state, or federal law or client confidence;

(6) using any badge, seal, card, or other device to misrepresent oneself as a police officer, sheriff, or other law enforcement officer;

(7) knowingly submitting a false or misleading report or failing to disclose a material fact to a client;

(8) falsifying or failing to provide required compulsory minimum training in firearms or guard dog handling as required by this chapter;

(9) failing to complete in a timely manner the registration of an employee;

(10) allowing an employee to carry firearms or handle guard dogs prior to being issued a permanent registration card;

(11) allowing an employee to work without carrying the required evidence of temporary or permanent registration;

(12) allowing an employee to use or be accompanied by an untrained guard dog while rendering professional services;

(13) failing to provide information requested by the Director;

(14) failing to return the temporary or permanent registration of an employee;

(15) failing to notify the Director of a change in ownership, partners, officers, or qualifying agent;

(16) providing incomplete, false, or misleading information on an application;

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

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

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

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

(18) for armed and guard dog certified licensees, brandishing, exhibiting, displaying, or otherwise misusing a firearm or guard dog in a careless, angry, or threatening manner unnecessary for the course of the licensee's duties.

(c) [Repealed.]
26 V.S.A. § 902 — VT Code / Title 26 / Chapter 15 / Section 902
§ 902. Master electricians
Status: in_force

(a) To be eligible for licensure as a master electrician, an applicant shall:

(1) have been licensed as a journeyman electrician under this chapter for at least two years; or

(2) have had comparable experience and training, within or without this State, acceptable to the Board; and

(3) pass an examination to the satisfaction of the Board.

(b) Upon successful completion of the examination and payment of the required fee, the applicant shall receive a master electrician's license in the form of a wallet-size card. This license shall be carried by the master electrician at all times while performing his or her trade and shall be displayed upon request. Upon the request by the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing.

(c) A person licensed under this chapter as a master electrician is entitled to design, install, repair, maintain, and replace electrical installations including lightning rods, fire alarms, and fire detection systems as his or her principal business or in the course of another business conducted by him or her, and may employ other persons licensed under this chapter or electrician's helpers to perform work in connection with electrical installations under his or her direction.
26 V.S.A. § 1420r — VT Code / Title 26 / Chapter 23 / Section 1420r
§ 1420r. Default procedures
Status: in_force

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.

(b) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact or the bylaws or promulgated rules, the Interstate Commission shall:

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate 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 the 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 terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state or the withdrawal of a member state.

(f) The member state that has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.

(g) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
26 V.S.A. § 3002 — VT Code / Title 26 / Chapter 55 / Section 3002
§ 3002. Prohibitions
Status: in_force

(a) A person who is not licensed under this chapter shall not engage in the practice of psychology.

(b) A person who is not licensed under this chapter shall not use the title “psychologist” or any title that contains that word.
26 V.S.A. § 1420x — VT Code / Title 26 / Chapter 23 / Section 1420x
§ 1420x. Binding effect of Compact and other laws
Status: in_force

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

(d) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
26 V.S.A. § 3228 — VT Code / Title 26 / Chapter 61 / Section 3228
§ 3228. Effective date, 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 seventh member state.

(1) On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the first seven member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.

(A) A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in section 3227 of this title.

(B) If any member state is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than seven.

(2) Member states enacting the Compact subsequent to the seven initial charter member states shall be subject to the process set forth in subdivision 3224(c)(21) of this title to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

(3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

(4) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws 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.

(b) 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 180 days after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

(3) Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

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

(d) 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. § 2069 — VT Code / Title 26 / Chapter 36 / Section 2069
§ 2069. Denials based on public interest
Status: in_force

The Board shall grant licensure to an applicant who satisfies the requirements of section 2061 of this title unless the Board determines that licensure would not be in the public interest. To determine whether licensure would not be in the public interest, the Board shall consider, at a minimum, the following factors:

(1) Any conviction of the applicant under any federal, state, or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances.

(2) Any felony convictions of the applicant under federal, state, or local laws.

(3) The applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances.

(4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution.

(5) Suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drug, including controlled substances.

(6) Compliance with licensing requirements under previously granted licenses, if any.

(7) Compliance with requirements to maintain or make available to the Board or to federal, state, or local law enforcement officials records required to be maintained or made available under this subchapter.

(8) Any other factors or qualifications the Board considers relevant to and consistent with the public health and safety.
26 V.S.A. § 3291 — VT Code / Title 26 / Chapter 67 / Section 3291
§ 3291. License required for hearing aid dispensers
Status: in_force

(a) Unless a person is licensed in accordance with the provisions of this chapter, he or she shall not:

(1) dispense or attempt to dispense hearing aids or hold himself or herself out as being able to dispense hearing aids; or

(2) use in connection with his or her name any letters, words, or insignia indicating or implying that he or she is a hearing aid dispenser.

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

(c) An audiologist licensed pursuant to this chapter may dispense hearing aids consistent with the requirements of this chapter. Licensed audiologists are not required to obtain a separate license to dispense hearing aids.
26 V.S.A. § 2825a — VT Code / Title 26 / Chapter 51 / Section 2825a
§ 2825a. Licensure by endorsement
Status: in_force

The Director may grant a license to an applicant who possesses a license in good standing in another state and possesses the applicable ARRT or NMTCB primary and postprimary certifications as set forth in sections 2821a and 2821b of this subchapter, respectively.
26 V.S.A. § 2425 — VT Code / Title 26 / Chapter 44 / Section 2425
§ 2425. Certificate of licensure
Status: in_force

(a) The Board shall license as a veterinarian each applicant who proves to the satisfaction of the Board his or her fitness for licensure under the terms of this chapter. It shall issue to each person licensed a certificate of licensure, which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed veterinarian or to represent himself or herself as a licensed veterinarian, subject to the conditions and limitations of this chapter.

(b) If a licensee has a principal place of business for the practice of veterinary medicine, a license shall be prominently displayed at that place.

(c) Licenses may not be transferred.
26 V.S.A. § 527 — VT Code / Title 26 / Chapter 10 / Section 527
§ 527. Composition of the Board; qualification of members; term of office
Status: in_force

(a) A Board of Chiropractic is created. The Board shall consist of five members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(b) Three members of the Board shall be chiropractors licensed and in good standing in this State who are graduates of an accredited school of chiropractic and who reside and have resided and actively practiced chiropractic in this State during the two years immediately preceding their appointments. Two members shall be members of the public. A public member shall not be a member of any health-related licensing Board or profession or have a financial interest personally or through a spouse, parent, or sibling in the activities regulated under this chapter, other than as consumers or possible consumers of chiropractic services.
26 V.S.A. § 898 — VT Code / Title 26 / Chapter 15 / Section 898
§ 898. Municipal inspection
Status: in_force

(a) A legislative body may establish inspection procedures and appoint trained and qualified municipal inspectors to conduct electrical inspections. If the Commissioner determines that the inspection procedures and the training and qualifications of the municipal inspectors are sufficient, the Commissioner may assign the Department's responsibility for conducting inspections of electrical installations regulated by the Board within that municipality to the municipality. An assignment of responsibility under this section shall not affect the authority of the Commissioner under this subchapter. If the Commissioner assigns responsibility for municipal inspections under this section, the Commissioner may exempt all electrical installations within the municipality from inspection by the State under section 893 of this title. The legislative body may establish reasonable fees for inspections for the purpose of defraying the cost of the same. Such fees will be in lieu of fees established under subsection 893(a) of this title.

(b) Work notices, certificates of completion, and energizing permits shall be issued by municipal inspectors in the same manner and subject to the same conditions that they are issued by the State electrical inspectors under sections 893 and 894 of this title.

(c) A municipal inspector shall have authority to enter any premises in which an electrical installation subject to rules adopted under section 891 of this title is being installed, replaced, or repaired for the purpose of making such inspection as is necessary to carry out his or her responsibilities under this subchapter.

(d)(1) If, after inspection of the electrical installation, a violation of the rules of the Board is found, a municipal inspector may:

(A) issue an order directing the electrician of record or the owner of the premises in which the violation is found, to correct or remove the violation;

(B) withdraw validation of the work notice; or

(C) order the owner, any public utility, or any private party furnishing electricity to such installation to disconnect electrical energy from all or any portion of the electrical system until the violation is removed or corrected.

(2) A municipal inspector may order any one or combination of these options set forth in subdivision (1) of this subsection, as necessary to effect compliance with the Board's rules.

(e) Acceptance of an assignment of responsibility under this section shall not preclude a municipality from conducting its own electrical inspection program.

(f) A person aggrieved by a refusal of a municipal inspector to issue a certificate of completion or by any other action of a municipal inspector or the municipality relating to this section may appeal to the Commissioner by filing a written application for a hearing with the Commissioner within 15 calendar days after written notice of such refusal or action. A person filing an application in accordance with this subsection shall be entitled to notice and an opportunity for a hearing before the Commissioner within 45 calendar days. Within 30 calendar days after the hearing, the Commissioner shall issue an order amending, modifying, or affirming the action by the municipal inspector or municipality.

(g) The results of all inspections conducted by municipal inspectors under this section shall be reported monthly to the Commissioner. Reports shall include the date of inspections, locations of the work inspected, the name and license number of the contractor performing the work, violations found, orders issued, and the date of any completion certificates or energizing permits issued.

(h) Municipal inspectors shall participate in training provided by the Department of Public Safety. The Department shall also provide continuing consultation, review, and assistance as may be necessary to municipal inspectors.

(i) The Commissioner may revoke an assignment of responsibility to a municipality granted under this section if the Commissioner determines that the training or qualifications of the municipal inspectors or the inspection procedures adopted by the legislative body are insufficient.
26 V.S.A. § 3106 — VT Code / Title 26 / Chapter 57 / Section 3106
§ 3106. Director of the Office of Professional Regulation; annual report
Status: in_force

(a) Annually, prior to the commencement of each legislative session, the Director of the Office shall prepare a concise report on the activities of all boards and advisor professions under his or her jurisdiction. The report shall include his or her assessments, conclusions, and recommendations regarding those boards and advisor professions.

(b) The Director shall publish the report on the Office's website and shall also provide written copies of the report to the House and Senate Committees on Government Operations.

(c) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
26 V.S.A. § 2422 — VT Code / Title 26 / Chapter 44 / Section 2422
§ 2422. Application
Status: in_force

An application for a license shall be in writing and signed by the applicant, on forms furnished by the Office of Professional Regulation, setting forth facts concerning the applicant as the Board may require.
26 V.S.A. § 1420w — VT Code / Title 26 / Chapter 23 / Section 1420w
§ 1420w. Severability and construction
Status: in_force

(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.

(c) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
26 V.S.A. § 2504 — VT Code / Title 26 / Chapter 45 / Section 2504
§ 2504. Penalties and enforcement
Status: in_force

A person who violates subsection 2503(a) of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 6012 — VT Code / Title 26 / Chapter 109 / Section 6012
§ 6012. Grounds for disciplinary actions
Status: in_force

(a) An applicant or a registrant shall be subject to disciplinary action for the conduct listed in this section and in 3 V.S.A. § 129a:

(1) A boxer, for fighting after failing a pre-fight physical examination.

(2) A promoter:

(A) for permitting a nonregistered boxer to participate in a match; or

(B) for participating in a match or allowing a boxer or other participant to participate in a match while under suspension in another state or by another boxing regulatory organization.

(3) A promoter, boxer, or participant, for violating any requirement of this subchapter or any rule adopted under this subchapter.

(b) After hearing, and upon a finding of wrongdoing, the administrative law officer appointed under subsection 3 V.S.A. § 129(j) may take disciplinary action against a registrant or an applicant.
26 V.S.A. § 6029 — VT Code / Title 26 / Chapter 109 / Section 6029
§ 6029. Amateur events; exemption for schools; exemptions
Status: in_force

(a) All amateur mixed martial arts events shall be regulated by the Office in accordance with this subchapter and rules adopted under this subchapter except for amateur mixed martial events conducted by a school, college, or university.

(b) The Director may, by rules adopted in accordance with this subchapter, exempt from the application of these rules mixed martial arts events in which there is minimal or no contact between contestants, for which there is no remuneration for participation, and for which no tickets are sold or admission fees charged.
26 V.S.A. § 5344 — VT Code / Title 26 / Chapter 103 / Section 5344
§ 5344. Database of notaries public
Status: in_force

The Office shall maintain an electronic database of notaries public:

(1) through which a person may verify the authority of a notary public to perform notarial acts; and

(2) that indicates whether a notary public has notified the Office that the notary public will be performing notarial acts on electronic records.
26 V.S.A. § 2024 — VT Code / Title 26 / Chapter 36 / Section 2024
§ 2024. Confidentiality of prescriber and pharmacist information on medications for legally protected health care activity
Status: in_force

(a) As used in this section:

(1) “Gender-affirming health care services” and “reproductive health care services” have the same meanings as in 1 V.S.A. § 150.

(2) “Noncontrolled medication” means a medication that is not a controlled substance as defined in 21 U.S.C. § 802.

(b)(1) Upon the request of a prescribing practitioner and to the extent not expressly required under federal law, a pharmacist or other licensed member of the pharmacy staff shall redact or otherwise remove the practitioner's name or initials from a fulfilled prescription for a noncontrolled medication for gender-affirming health care services or reproductive health care services, and from any accompanying printed materials.

(2) A pharmacist may, or, upon the pharmacist's request, another licensed member of the pharmacy staff shall, redact or otherwise remove the pharmacist's name or initials from a fulfilled prescription for a noncontrolled medication for gender-affirming health care services or reproductive health care services, and from any accompanying printed materials.

(3) If a prescribing practitioner dispenses medication directly to patients for gender-affirming health care services or reproductive health care services, or both, the practitioner may redact or otherwise remove the practitioner's own name or initials from a fulfilled prescription for a noncontrolled medication for gender-affirming health care services or reproductive health care services, and from any accompanying printed materials.

(c) Nothing in this chapter or the rules governing the pharmacy profession shall be construed to require a pharmacist or other licensed member of a pharmacy's staff to list the prescribing practitioner's or pharmacist's name or initials on a fulfilled prescription for noncontrolled medication for gender-affirming health care services or reproductive health care services.

(d) A pharmacist or other licensed member of a pharmacy's staff shall be immune from civil and administrative liability for failing to redact or remove the name of a prescriber or pharmacist when requested to do so pursuant to subdivision (b)(1) or (2) of this section; provided, however, that this immunity shall not apply to gross negligence, recklessness, or intentional misconduct by a pharmacist or other licensed member of the pharmacy staff.
26 V.S.A. § 4714 — VT Code / Title 26 / Chapter 91 / Section 4714
§ 4714. Unprofessional conduct
Status: in_force

(a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct.

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

(1) Failure to keep written respiratory care records justifying a course of treatment for a patient, including patient history, examination results, and test results.

(2) Performing professional services that have not been authorized by the patient or his or her legal representative.

(3) Performing any procedure or prescribing any therapy that, by the prevailing standards of respiratory care practice, would constitute experimentation on a human subject without first obtaining full, informed written consent.

(4) Sexual harassment of a patient.

(5) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter.

(c) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a license tendered by the subject of a disciplinary investigation.

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

(e) After hearing and upon a finding of unprofessional conduct or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the licensee or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of a warning, reprimand, administrative penalty, suspension, or revocation:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensee participate in continuing education as directed by the administrative law officer in order to overcome specified deficiencies.

(4) A requirement that the licensee's scope of practice be restricted to a specified extent.

(f) The administrative law officer may reinstate a revoked license on terms and conditions he or she deems proper.
26 V.S.A. § 3218 — VT Code / Title 26 / Chapter 61 / Section 3218
§ 3218. Social worker participation in the Compact
Status: in_force

(a) To be eligible for a multistate license under the terms and provisions of the Compact, an applicant, regardless of category must:

(1) hold or be eligible for an active, unencumbered license in the home state;

(2) pay any applicable fees, including any state fee, for the multistate license;

(3) submit, in connection with an application for a multistate license, 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;

(4) notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within 30 days from the date the action is taken;

(5) meet any continuing competence requirements established by the home state;

(6) abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

(b) An applicant for a clinical-category multistate license must meet all of the following requirements:

(1) fulfill a competency requirement, which shall be satisfied by either:

(A) passage of a clinical-category qualifying national exam;

(B) licensure of the applicant in the applicant's home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

(C) the substantial equivalency of the foregoing competency requirements that the Commission may determine by rule.

(2) attain at least a master's degree in social work from a program that is:

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

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

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

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

(3) fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:

(A) a period of postgraduate supervised clinical practice equal to a minimum of 3,000 hours; or

(B) a minimum of two years of full-time postgraduate supervised clinical practice; or

(C) the substantial equivalency of the foregoing practice requirements that the Commission may determine by rule.

(c) An applicant for a master's-category multistate license must meet all of the following requirements:

(1) fulfill a competency requirement, which shall be satisfied by either:

(A) passage of a master's-category qualifying national exam;

(B) licensure of the applicant in their home state at the master's category, beginning prior to such time as a qualifying national exam was required by the home state at the master's category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

(C) the substantial equivalency of the foregoing competency requirements that the Commission may determine by rule;

(2) attain at least a master's degree in social work from a program that is:

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

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

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

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

(d) An applicant for a bachelor's-category multistate license must meet all of the following requirements:

(1) fulfill a competency requirement, which shall be satisfied by either:

(A) passage of a bachelor's-category qualifying national exam;

(B) licensure of the applicant in their home state at the bachelor's category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

(C) the substantial equivalency of the foregoing competency requirements that the Commission may determine by rule;

(2) attain at least a bachelor's degree in social work from a program that is:

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

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

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

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

(e) The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subsection (a) of this section to be eligible to renew a multistate license.

(f) The regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.

(g) If a multistate license is encumbered, the regulated social worker's multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.

(h) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.
26 V.S.A. § 1644 — VT Code / Title 26 / Chapter 28 / Section 1644
§ 1644. Prohibitions; offenses
Status: in_force

(a) A person shall not use any letters, words, or insignia in connection with the person's name that indicate or imply that the person is a nursing assistant unless the person is licensed in accordance with this subchapter.

(b) A person shall not practice nursing or nursing-related functions as defined in section 1641 of this subchapter without being licensed by the Board.

(c) A person who violates this section shall be subject to the penalties set forth in 3 V.S.A. § 127.
26 V.S.A. § 5372 — VT Code / Title 26 / Chapter 103 / Section 5372
§ 5372. Authority to refuse to perform notarial act
Status: in_force

(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:

(1) the individual executing the record is competent or has the capacity to execute the record; or

(2) the individual's signature is knowingly and voluntarily made.

(b) A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.
26 V.S.A. § 2252 — VT Code / Title 26 / Chapter 41 / Section 2252
§ 2252. Powers and duties
Status: in_force

(a) The Commission shall adopt rules in accordance with 3 V.S.A. chapter 25 necessary for the performance of its duties, including:

(1) a definition of the activities that may be performed only by a licensee, in accordance with section 2211 of this title;

(2) qualifications for obtaining licensure, in accordance with section 2292 of this title;

(3) explanations of appeal and other significant rights given to applicants and the public;

(4) procedures for disciplinary and reinstatement cases;

(5) criteria for determining whether or not a deposit is reasonably expected to earn a substantial amount of interest in accordance with subsections 2214(b) and (c) of this title. The criteria shall include the following:

(A) the amount of the deposit and the time period the deposit is expected to be held;

(B) the cost of establishing and maintaining an interest-bearing account, including minimum account balances, service charges, legal fees, accounting fees, and tax reporting procedures;

(C) the nature of the transaction involved.

(b) The Commission shall:

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

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

(3) investigate suspected unprofessional conduct.

(c) The Commission may:

(1) investigate suspected cases of unauthorized practice of activities regulated by this chapter, and refer any such case to the Attorney General or a State's Attorney for possible prosecution and injunctive relief;

(2) conduct hearings;

(3) administer oaths and issue subpoenas pursuant to 3 V.S.A. §§ 809a and 809b;

(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena;

(5) adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter;

(6) receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.

(d) The Commission shall provide proposed rules to the Director of the Office of Professional Regulation for review and comment. The Director's comments shall be forwarded to the administrative rules committee.
26 V.S.A. § 1072 — VT Code / Title 26 / Chapter 19 / Section 1072
§ 1072. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two property inspectors for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to property inspection. One of the initial appointments may be for less than a five-year term.

(b) An appointee shall have not less than five years' experience as a property inspector immediately preceding appointment, shall be licensed as a property inspector in Vermont, and shall be actively engaged in the practice of property inspecting in this State during incumbency.

(c) The Director shall seek the advice of the property inspector advisors in carrying out the provisions of this chapter.
26 V.S.A. § 4509 — VT Code / Title 26 / Chapter 87 / Section 4509
§ 4509. Data system
Status: in_force

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

(b) 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 or compact privilege;

(4) nonconfidential information related to alternative program participation;

(5) any denial of application for licensure and the reason or reasons for denial; and

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

(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.

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

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

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
26 V.S.A. § 3275f — VT Code / Title 26 / Chapter 65 / Section 3275f
§ 3275f. Active duty military personnel or their spouses
Status: in_force

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in section 3275e of this title.
26 V.S.A. § 1832 — VT Code / Title 26 / Chapter 33 / Section 1832
§ 1832. Examination
Status: in_force

The Board or its designee shall administer examinations to applicants for licensure at least twice each year if applications are pending. Examinations shall be designed and implemented to ensure that all applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare; they shall not be designed for the purpose of limiting the number of licensees.
26 V.S.A. § 3378 — VT Code / Title 26 / Chapter 71 / Section 3378
§ 3378. Construction and severability
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
26 V.S.A. § 3208 — VT Code / Title 26 / Chapter 61 / Section 3208
§ 3208. Renewals
Status: repealed

(a) Licenses shall be renewed every two years on a schedule determined by the Office upon payment of the required fee.

(b) An application for reinstatement of a license that has expired shall be accompanied by the renewal fee in addition to other fees set forth in 3 V.S.A. chapter 5. A person shall not be required to pay renewal fees for the years during which the license was lapsed.

(c) [Repealed.]

(d) As a condition of renewal, a licensee shall complete continuing education, approved by the Director by rule, during the preceding two-year period. For purposes of this subsection, the Director may require, by rule, not more than 20 hours of approved continuing social work education as a condition of renewal. Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training. Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont's health care system. If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.

(e) The Director may prescribe, by rule, reinstatement standards for persons wishing to resume practice after five years since holding an active license.
26 V.S.A. § 2675 — VT Code / Title 26 / Chapter 47 / Section 2675
§ 2675. Examinations not required
Status: in_force

Licenses shall be issued without examination on application and upon payment of the required fee to an applicant who is an optician currently licensed in another state, territory, country, or province provided the requirements for the regulation or licensing of opticians in the other state, territory, country, or province are substantially equal to the requirements in force in this State.
26 V.S.A. § 4188 — VT Code / Title 26 / Chapter 85 / Section 4188
§ 4188. Unprofessional conduct
Status: in_force

(a) A licensed midwife or applicant for licensing, renewal, or reinstatement shall not engage in unprofessional conduct.

(b) Unprofessional conduct shall include the conduct prohibited by 3 V.S.A. § 129a and by this section, whether or not taken by a license holder:

(1) failing to provide for informed consent, or exercising undue influence on or taking improper advantage of a person using midwifery services;

(2) willfully making or filing false reports or records in the practice of midwifery, obstructing that filing, or willfully failing to file required reports or records, including birth certificates;

(3) engaging in abusive behavior of any kind with clients.

(c) After a hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed midwife or applicant.
26 V.S.A. § 1420u — VT Code / Title 26 / Chapter 23 / Section 1420u
§ 1420u. Withdrawal
Status: in_force

(a) Once effective, the Compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the Compact by specifically repealing the statute that enacted the Compact into law.

(b) Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state.

(d) The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under subsection (c) of this section.

(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extends beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
26 V.S.A. § 5403 — VT Code / Title 26 / Chapter 105 / Section 5403
§ 5403. Unauthorized practice
Status: in_force

Any individual who engages in the practice of massage or the practice of bodywork without a registration from the Office shall be subject to the penalties provided in 3 V.S.A. § 127 (unauthorized practice).
26 V.S.A. § 122 — VT Code / Title 26 / Chapter 3 / Section 122
§ 122. Prohibitions; penalties
Status: in_force

(a) No person shall:

(1) practice or attempt to practice architecture or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter;

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

(3) practice or attempt to practice architecture during license revocation or suspension;

(4) stamp or seal any documents with their architect's seal if their license to practice architecture has expired or is revoked; or

(5) violate any of the provisions of 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(c).

(c) Injunctive relief will be available on application of the Office of Attorney General or an attorney assigned by the Office of Professional Regulation, pursuant to a complaint filed in the Superior Court of Washington County to restrain violations of this chapter.
26 V.S.A. § 378 — VT Code / Title 26 / Chapter 7 / Section 378
§ 378. Limited temporary licenses
Status: in_force

(a) Notwithstanding section 371 of this title, the Board may grant an applicant a limited temporary license to practice podiatry for a period of up to 54 weeks if the applicant:

(1) furnishes the Board with satisfactory proof that he or she has attained the age of majority;

(2) has received a diploma or certificate of graduation from an accredited school of podiatric medicine approved by the Board;

(3) has been appointed as an intern, resident, fellow, or medical officer in a licensed hospital or in a clinic that is affiliated with a licensed hospital, or in a hospital or an institution maintained by the State, or in a clinic or an outpatient clinic affiliated with or maintained by the State; and

(4) pays the fee set forth in subdivision 1401a(a)(3) of this title.

(b) A limited temporary license may be renewed upon payment of the fee set forth in subdivision 1401a(a)(3) of this title for the period of the applicant's postgraduate training, internship, or fellowship program.

(c) A limited temporary license shall entitle the applicant to practice podiatry only in the hospital or other institution designated on his or her certificate of limited temporary license and in clinics operated by or affiliated with that designated hospital or institution and only if the applicant is under the direct supervision and control of a licensed podiatrist. The licensed podiatrist shall be legally responsible and liable for all negligent or wrongful acts or omissions of the limited temporary licensee and shall file with the Board the name and address both of himself or herself and of the limited temporary licensee and the name of the hospital or other institution.

(d) A limited temporary license shall be revoked upon the death or legal incompetency of the supervising licensed podiatrist or, upon 10 days' written notice, by withdrawal of his or her filing by the supervising licensed podiatrist. A limited temporary licensee shall at all times exercise the same standard of care and skill as a licensed podiatrist. Termination of appointment as intern, resident, fellow, or medical officer of a designated hospital or institution shall operate as a revocation of a limited temporary license.
26 V.S.A. § 617 — VT Code / Title 26 / Chapter 12 / Section 617
§ 617. Referrals
Status: in_force

(a) The supervising dentist shall refer patients to another dentist or specialist to provide any necessary services needed by a patient that are beyond the scope of practice of the dental therapist and which the supervising dentist is unable to provide.

(b) A dental therapist, in accordance with the collaborative agreement, shall refer patients to another qualified dental or health care professional to receive any needed services that exceed the scope of practice of the dental therapist.
26 V.S.A. § 4709 — VT Code / Title 26 / Chapter 91 / Section 4709
§ 4709. Licensure without examination; endorsement
Status: in_force

(a) The Director may issue a license to practice respiratory care by endorsement and without examination to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory, or country, and who is in good standing to practice respiratory care in that jurisdiction, and, in the opinion of the Director, the standards and qualifications required for regulation of respiratory care in that state or territory are currently at least equal to those required by this chapter.

(b) An applicant for licensure by endorsement may practice under the indirect supervision and responsibility of a licensed respiratory care practitioner in this State, providing the applicant obtains a temporary license and the following are met:

(1) A current supervisor of record form is on file with the Director.

(2) The application is complete, except the Director may be waiting for validation of out-of-state licenses.
26 V.S.A. § 2213 — VT Code / Title 26 / Chapter 41 / Section 2213
§ 2213. Penalties
Status: in_force

A person who shall violate any provision of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 5426 — VT Code / Title 26 / Chapter 105 / Section 5426
§ 5426. Display of registration
Status: in_force

A massage therapist, bodyworker, or touch professional shall conspicuously display his or her registration in any establishment where the registrant is engaged in the practice of massage or the practice of bodywork.
26 V.S.A. § 2071 — VT Code / Title 26 / Chapter 36 / Section 2071
§ 2071. Application of federal guidelines
Status: in_force

(a) The requirements set forth in sections 2068 and 2069 of this chapter shall conform to wholesale distributor licensing guidelines formally adopted by the U.S. Food and Drug Administration (FDA).

(b) In case of conflict between any wholesale distributor licensing requirement imposed by the Board under this chapter and any FDA wholesale distributor licensing guideline, the latter shall control.
26 V.S.A. § 2192a — VT Code / Title 26 / Chapter 39 / Section 2192a
§ 2192a. Limited licensure; specialists
Status: in_force

(a) Any person who completes an application for a specialist's license and documents successful completion of instruction, training, and experience in or out of the State acceptable to the Board and pays an examination fee to be determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a license fee, the applicant shall receive a specialist license in the form of a wallet-sized card. The license shall be carried by the licensee at all times while performing the licensee's specialty and shall be displayed upon request. Upon request by the license holder, a specialist license suitable for framing shall be available for a fee. A specialist license shall indicate each specialty for which the licensee has been approved. A specialist license does not take the place of any other license required by law.

(b) Specialty fields include the following:

(1) Water Heater Specialist: Installation, replacement, and repair of any residential, industrial, or commercial domestic hot water supply tanks.

(2) Heating System Specialist: Installation, replacement, and repair of residential, industrial, or commercial hydronic space heating systems, including radiant, solar, and other types of hydronic system design. Any work on steam systems shall be limited to steam systems with operating pressure not to exceed 15 PSIG.

(3) Water Treatment Specialist: Installation, replacement, and repair of residential, industrial, or commercial potable water treatment and filtration equipment.

(c) A person duly licensed as a specialist under this section may perform specialty work, either as an employee or as an independent contractor only in connection with the specialty field designated on the person's license. A specialty business may hire or employ only people licensed in the specialty of the business.

(d) A specialist may perform a supply connection to an existing water supply for test and related system operation, but at no time shall any specialist perform any plumbing or heating work that is not specified or permitted under the specialist's license.

(e) Specialty classes shall be provided by the Department of Labor or others.

(f) The Commissioner shall adopt rules regarding work notices, inspection procedures, and priorities for each specialty.
26 V.S.A. § 5374 — VT Code / Title 26 / Chapter 103 / Section 5374
§ 5374. Notarial act in another state
Status: in_force

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

(1) a notary public of that state;

(2) a judge, clerk, or deputy clerk of a court of that state; or

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

(b) If a deed or other conveyance or a power of attorney for the conveyance of land, the acknowledgment or proof of which is taken out of State, is certified agreeably to the laws of the state in which the acknowledgment or proof is taken, it shall be valid as though it were taken before a proper officer in this State.

(c) An acknowledgment for a deed or other conveyance or a power of attorney for the conveyance of land that is taken out of State before a proper officer of this State shall be valid as if taken within this State.

(d) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(e) 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. § 3176a — VT Code / Title 26 / Chapter 59 / Section 3176a
§ 3176a. Transitory practice
Status: in_force

The Director, under rules adopted by the Director, may grant a transitory permit to practice as a private investigator to a person who is not a resident of Vermont and has no established place of business in this State, if that person is legally qualified by license to practice as a private investigator in any state or country that regulates such practice. Practice under a transitory permit shall not exceed 30 days in any calendar year.
26 V.S.A. § 3290 — VT Code / Title 26 / Chapter 67 / Section 3290
§ 3290. Eligibility for audiologist license
Status: in_force

To be eligible for licensure as an audiologist, an applicant shall have:

(1) Either:

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

(B) a doctoral degree in audiology, or an equivalent doctoral degree regardless of name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization.

(2) Completed a supervised clinical practicum in audiology, the length and content of which shall be established by rule.

(3) Completed a period, as determined by rule, of postgraduate professional training in audiology as approved by the Director.

(4) Passed an examination in audiology approved by the Director, which shall include a section that is equivalent to the hearing aid dispensers examination described in section 3295 of this chapter. An audiologist who has passed this examination is not required to take the hearing aid dispensers examination required by section 3295.
26 V.S.A. § 6027 — VT Code / Title 26 / Chapter 109 / Section 6027
§ 6027. Director; powers; duties
Status: in_force

(a) In addition to the powers and duties of the Director, as established in this subchapter and in 3 V.S.A. chapter 5, subchapter 3, the Director shall have the following powers and duties:

(1) provide information to applicants for obtaining a license;

(2) receive applications for licenses; grant licenses to applicants qualified under this subchapter and in accordance with rules adopted pursuant to this subchapter; renew licenses; and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;

(3) administer the inspection of facilities where a mixed martial arts event is to be held and the records associated with the event;

(4) administer fees collected under this subchapter;

(5) collect taxes and bonds in accordance with this subchapter and any rules adopted pursuant this subchapter;

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

(7) refer all disciplinary matters to an administrative law officer.

(b) The Director, in consultation with the advisors appointed in accordance with this subchapter, shall adopt rules necessary to perform the Director's duties under this subchapter and shall establish safety standards for the protection of contestants, participants, promoters, and the public. The rules adopted by the Director in accordance with this subchapter shall, at a minimum, include the following:

(1) rules for the conduct and holding of amateur and professional mixed martial arts events;

(2) requirements and qualifications to be eligible for licenses for anyone involved, indirectly or directly, in a mixed martial arts event, including promoters, contestants, and participants, and to be eligible for event licenses;

(3) requirements for the collection, retention, and remission of bonds provided by promoters as a condition of licensure or of an event permit;

(4) requirements for promoter reports to the Office, including reports following a mixed martial arts event and for promoter payment of the event tax;

(5) requirements for medical examinations of participants and contestants to be performed prior to licensure and renewal;

(6) requirements for medical examinations of contestants and participants before, during, and after mixed martial arts matches or events;

(7) exemptions for certain mixed martial arts events;

(8) requirements for the inspection of facilities where a mixed martial arts event is to be held and of associated records; and

(9) all other requirements necessary for the safe conduct of mixed martial arts matches and events.
26 V.S.A. § 2821b — VT Code / Title 26 / Chapter 51 / Section 2821b
§ 2821b. License for postprimary modalities
Status: in_force

(a) The Director shall recognize and follow the ARRT and NMTCB postprimary certification process in the following postprimary practice categories: mammography, computed tomography (CT), cardiac-interventional radiography, vascular-interventional radiography, and positron emission tomography (PET).

(b) In order for a licensee who has obtained one of the three primary ARRT or NMTCB certifications set forth in section 2821a of this subchapter to practice in one of the postprimary modalities set forth in subsection (a) of this section, the licensee must first obtain postprimary certification from ARRT or NMTCB for that category, except:

(1) a person with a primary license in radiation therapy may perform CT for treatment simulation; and

(2) a person with a primary license in nuclear medicine technology may perform CT for attenuation correction on hybrid imaging equipment, such as PET/CT and SPECT/CT scanners.

(c) In order to practice bone densitometry or apply ionizing radiation using bone densitometry equipment, a primary certification and license in radiography is required, with the exception that individuals who perform quantitative computed tomography (QCT) bone densitometry must obtain postprimary certification in CT in addition to primary certification.
26 V.S.A. § 5422 — VT Code / Title 26 / Chapter 105 / Section 5422
§ 5422. Registration by endorsement
Status: in_force

The Director may issue a registration to an individual under this chapter if the individual holds a license, registration, certification, or other authorization to practice massage therapy or bodywork from a U.S. or Canadian jurisdiction.
26 V.S.A. § 4921 — VT Code / Title 26 / Chapter 95 / Section 4921
§ 4921. Eligibility for licensure by examination as an applied behavior analyst
Status: in_force

To be eligible for licensure as an applied behavior analyst, an applicant shall:

(1) Obtain a doctoral or master's degree from a recognized educational program accredited by the Association for Behavior Analysis International Accreditation Board, or from a program at a recognized educational institution that is approved by the Director and that substantially meets the educational standards of the Association for Behavior Analysis International Accreditation Board or the Behavior Analysis Certification Board. Any program shall include an approved course sequence of the Behavior Analyst Certification Board.

(2) Successfully complete an approved practicum or supervised experience in the practice of applied behavior analysis, totaling at least 1,500 hours over a period of not less than one calendar year, of which at least 75 hours are in direct one-to-one contact with a supervisor.

(3) Successfully complete, as defined by the Director, a nationally recognized examination adopted from the Behavior Analyst Certification Board and approved by the Director, related to the principles and practice of applied behavior analysis. This subdivision (3) shall not be construed to require the Director to develop or administer any examination.
26 V.S.A. § 1448 — VT Code / Title 26 / Chapter 23 / Section 1448
§ 1448. Release of clinical data authorized
Status: in_force

Hospitals licensed under 18 V.S.A. § 1905 may release clinical data to the Vermont Program for Quality in Health Care, Inc., for use in a statewide quality assurance system.
26 V.S.A. § 4458 — VT Code / Title 26 / Chapter 87 / Section 4458
§ 4458. Renewals; continuing education
Status: in_force

A license shall be renewed on a schedule set by the Director upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the Director. The Director shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter.
26 V.S.A. § 563 — VT Code / Title 26 / Chapter 12 / Section 563
§ 563. Exemptions
Status: in_force

The provisions of this chapter shall not apply to the following:

(1) the rights and privileges of physicians licensed under the laws of this State.

(2) an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory.

(3) a dental student currently enrolled in a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association who:

(A) provides dental treatment under the supervision of a licensed dentist at a State hospital or under licensed instructors within a dental school, college, or dental department of a university recognized by the Board;

(B) serves as an intern in any hospital approved by the Board; or

(C) participates in a supervised externship program authorized by a dental school recognized by the Board in order to provide dental treatment under the direct supervision of a dentist licensed under the provisions of this chapter.

(4) upon prior application and approval by the Board, a student of a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association who provides dental treatment for purposes of clinical study under the direct supervision and instruction and in the office of a licensed dentist.

(5) a dentist licensed in another state from consulting with a dentist licensed under the provisions of this chapter.
26 V.S.A. § 4034 — VT Code / Title 26 / Chapter 76 / Section 4034
§ 4034. Board of Allied Mental Health Practitioners; duties
Status: in_force

(a) The Board shall:

(1) Provide general information to applicants for licensure as marriage and family therapists.

(2) Administer fees collected under this chapter.

(3) Explain appeal procedures to marriage and family therapists and applicants and complaint procedures to the public.

(4) Receive applications for licensure of applicants under this chapter, renew licensure, and revoke, suspend, reinstate, or condition licensure as ordered by the Board.

(5) Refer all disciplinary matters to the Board.

(b) The Board may adopt rules necessary to perform its duties under this section.
26 V.S.A. § 1702 — VT Code / Title 26 / Chapter 30 / Section 1702
§ 1702. Short title
Status: in_force

This chapter shall be known and may be cited as the “Vermont Optometry Practice Act.”
26 V.S.A. § 161 — VT Code / Title 26 / Chapter 3 / Section 161
§ 161. Creation of Board; appointment of members; term of office; oath of office
Status: repealed

(a) A board of architects is created whose official title shall be “Vermont Board of Architects.”

(b) The Board shall consist of seven members appointed by the Governor as follows: five architects and two public members. All members shall be Vermont residents. The architect members shall have been in active practice in Vermont for not less than three years and shall be in active practice during their incumbency. The public members shall be persons who have no financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as consumers or possible consumers of its services.

(c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(d) Each member shall file with the Director of the Office of Professional Regulation the constitutional oath of office.

(e) Vacancies may be filled in the same manner that initial appointments are made.

(f) No member may be appointed to more than two consecutive terms.

(g) [Repealed.]
26 V.S.A. § 2861 — VT Code / Title 26 / Chapter 52 / Section 2861
§ 2861. Legal liability
Status: in_force

(a) The primary supervising radiologist delegating activities to a radiologist assistant shall be legally liable for the activities of the radiologist assistant, and the radiologist assistant shall in this relationship be the radiologist's agent.

(b) Nothing contained in this chapter shall be construed to apply to nurses acting pursuant to chapter 28 of this title.
26 V.S.A. § 375 — VT Code / Title 26 / Chapter 7 / Section 375
§ 375. Unprofessional conduct
Status: repealed

(a) [Repealed.]

(b) The following conduct and the conduct described in section 1354 of this title by a licensed podiatrist constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of licensure:

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

(2) occupational advertising that is intended or has a tendency to deceive the public;

(3) exercising undue influence on or taking improper advantage of a person using the individual's services, or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the practitioner or of a third party;

(4) failing to comply with provisions of federal or State statutes or rules governing the profession;

(5) conviction of a crime related to the profession;

(6) conduct that evidences unfitness to practice the profession.

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

(1) making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file the proper professional report or record;

(2) practicing the profession when mentally or physically unfit to do so;

(3) failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes as determined by the Board:

(A) performance of unsafe or unacceptable patient care; and

(B) failure to conform to the essential standards of acceptable and prevailing practice;

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

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

(6) making any material misrepresentation in the practice of the profession, whether by commission or omission;

(7) administering, dispensing, or prescribing any controlled substance other than as authorized by law;

(8) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the podiatrist's ability to practice.

(d) A person aggrieved by a determination of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.
26 V.S.A. § 2183 — VT Code / Title 26 / Chapter 39 / Section 2183
§ 2183. Fees; books and records
Status: in_force

All fees for examinations, licenses, and renewals shall be forwarded to the Department of Public Safety. The Board shall have free and unrestricted access to all books, notes, records, transcriptions, recordings, and other related data within the care of the Department of Public Safety. (1959, No. 215, § 17, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 9; 2005, No. 8, § 15, eff. April 25, 2005.)
26 V.S.A. § 1176 — VT Code / Title 26 / Chapter 20 / Section 1176
§ 1176. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 6006 — VT Code / Title 26 / Chapter 109 / Section 6006
§ 6006. Participants; registration
Status: in_force

A person shall not act as a participant in this State unless he or she is registered with the Office of Professional Regulation. The application shall be made on forms provided by the Director and shall be filed at least 14 days prior to the date the applicant first intends to act as a participant in this State. Registrations may be renewed every two years upon payment of the required fee.
26 V.S.A. § 2628 — VT Code / Title 26 / Chapter 46 / Section 2628
§ 2628. Seal
Status: in_force

Each licensed landscape architect shall obtain a seal of a design as the Director shall authorize and direct. Plans and specifications prepared by or under the direct supervision of a licensed landscape architect shall be stamped with the licensed landscape architect's seal.
26 V.S.A. § 1792 — VT Code / Title 26 / Chapter 33 / Section 1792
§ 1792. Powers; duties
Status: repealed

(a) In addition to its other powers and duties, the Board shall:

(1) Provide general information to applicants.

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

(3) Adopt rules that establish the activities that must be completed by an applicant in order to fulfill the experience requirements of this chapter. The rules shall require that the applicant's experience be under the supervision of an osteopathic physician licensed under this chapter. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of osteopathic medicine, 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 the public welfare.

(b) The Board may adopt rules necessary for the performance of its duties.

(c) [Repealed.]
26 V.S.A. § 3175c — VT Code / Title 26 / Chapter 59 / Section 3175c
§ 3175c. Firearms training and certification
Status: in_force

(a) A licensee seeking a firearms certification shall:

(1) demonstrate to the Director competence in the safe use of firearms by successfully completing a firearms training program approved by the Director;

(2) pay the required fee;

(3) provide the Director with evidence that the applicant has attained the age of majority; and

(4) receive a satisfactory federal background check.

(b) A licensee shall not possess a firearm while performing professional services unless certified and in good standing under this section.
26 V.S.A. § 272 — VT Code / Title 26 / Chapter 6 / Section 272
§ 272. Prohibitions; offenses
Status: in_force

(a) A person shall not practice or attempt to practice barbering, cosmetology, esthetics, or manicuring or use in connection with the person's name any letters, words, title, or insignia indicating or implying that the person is a barber, cosmetologist, esthetician, or manicurist unless the person is licensed in accordance with this chapter.

(b) A person who owns or controls a shop or school of barbering, cosmetology, esthetics, or manicuring shall not permit the practice of barbering, cosmetology, esthetics, or manicuring unless the shop or school is registered in accordance with this chapter.

(c) A person who violates a provision of this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 3269 — VT Code / Title 26 / Chapter 65 / Section 3269
§ 3269. Renewals
Status: in_force

Licenses shall be renewed every two years upon payment of required fees and proof of such continuing education as the Board may require by rule and as required by this section. Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training. Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont's health care system. If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.
26 V.S.A. § 283 — VT Code / Title 26 / Chapter 6 / Section 283
§ 283. Examination
Status: in_force

(a) An applicant who is otherwise eligible for licensure and has paid the required fees shall be examined.

(b)(1) The examination for a license shall include examinations approved by the Director by rule in the area of practices for which a license is applied and other related studies or subjects as the Director may determine necessary.

(2) The examination shall not be confined to any specific system or method and shall be consistent with a prescribed curriculum as provided by this chapter.

(c) The Director may limit by rule the number of times a person may take an examination.
26 V.S.A. § 1311 — VT Code / Title 26 / Chapter 23 / Section 1311
§ 1311. Definitions
Status: in_force

As used in this chapter:

(1) “Practice of medicine” means:

(A) using the designation “Doctor,” “Doctor of Medicine,” “Physician,” “Dr.,” “M.D.,” or any combination thereof in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in Vermont;

(B) advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in the jurisdiction;

(C) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

(D) offering or undertaking to prevent, diagnose, correct, or treat in any manner or by any means, methods, or devices any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of all aspects of pregnancy, labor and delivery, and postpartum care;

(E) offering or undertaking to perform any surgical operation upon any person;

(F) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within the State by a physician located outside the State as a result of the transmission of individual patient data by electronic or other means from within the State to the physician or his or her agent; or

(G) rendering a determination of medical necessity or a decision affecting the diagnosis or treatment of a patient.

(2) “Board” means the Board of Medical Practice established under section 1351 of this title.

(3) “License” means license to practice medicine and surgery in the State as defined in subchapter 3 of this chapter. “Licensee” includes any individual licensed or certified by the Board.

(4) “Medical director” means, for purposes of this chapter, a physician who is Board-certified or Board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a health maintenance organization with responsibility for overseeing all clinical activities of the plan in this State, or his or her designee.

(5) “Health maintenance organization,” as used in this section, has the same meaning as in 18 V.S.A. § 9402(9).

(6) “Members” means members of the Board.

(7) “Secretary” means the secretary of the Board.
26 V.S.A. § 4087 — VT Code / Title 26 / Chapter 78 / Section 4087
§ 4087. Entry on the Roster; procedure
Status: repealed

(a) A psychotherapist who is nonlicensed and noncertified shall apply for entry on the Roster. Applications shall be made on the form provided by the Director, shall contain such information and professional data as the Director may require, and shall be accompanied by payment of the specified fee.

(b) Each psychotherapist whose name appears on the Roster shall notify the Director, in writing, of any change in the information previously provided to the Director. Notifications of changes of information shall be made within 30 days of the date the change occurred.

(c) [Repealed.]
26 V.S.A. § 3030 — VT Code / Title 26 / Chapter 55 / Section 3030
§ 3030. Coordinated licensure information system
Status: in_force

(a) The Commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all psychologists to whom this Compact is applicable in all Compact states as defined by the rules of the Commission.

(b) Notwithstanding any other provision of state law to the contrary, a Compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the Commission, including:

(1) identifying information;

(2) licensure data;

(3) significant investigatory information;

(4) adverse actions against a psychologist's license;

(5) an indicator that a psychologist's Authority to Practice Interjurisdictional Telepsychology or Temporary Authorization to Practice, or both, is revoked;

(6) nonconfidential information related to alternative program participation information;

(7) any denial of application for licensure and the reasons for such denial; and

(8) other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

(c) The coordinated database administrator shall promptly notify all Compact states of any adverse action taken against, or significant investigative information on, any licensee in a Compact state.

(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the Compact state reporting the information.

(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the Compact state reporting the information shall be removed from the coordinated database.
26 V.S.A. § 3032 — VT Code / Title 26 / Chapter 55 / Section 3032
§ 3032. Rulemaking
Status: in_force

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the Compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any Compact state.

(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

(1) on the website of the Commission; and

(2) on the website of each Compact states' psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

(e) The notice of proposed rulemaking shall include:

(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

(3) a request for comments on the proposed rule from any interested person; and

(4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) at least 25 persons who submit comments independently of each other;

(2) a governmental subdivision or agency; or

(3) a duly appointed person in an association that has at least 25 members.

(h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.

(1) All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subdivision (3) shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.

(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) meet an imminent threat to public health, safety, or welfare;

(2) prevent a loss of Commission or Compact state funds;

(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
26 V.S.A. § 5341 — VT Code / Title 26 / Chapter 103 / Section 5341
§ 5341. Commission as notary public; qualifications; no immunity or benefit
Status: in_force

(a) An individual qualified under subsection (b) of this section may apply to the Office for a commission as a notary public. The applicant shall comply with and provide the information required by rules adopted by the Office and pay the application fee set forth in section 5324 of this chapter.

(b) An applicant for a commission as a notary public shall:

(1) be at least 18 years of age;

(2) be a citizen or permanent legal resident of the United States;

(3) be a resident of or have a place of employment or practice in this State;

(4) not be disqualified to receive a commission under section 5342 of this chapter; and

(5) pass a basic examination approved by the Office based on the statutes, rules, and ethics relevant to notarial acts.

(c) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Office.

(d) A notary public shall not perform a notarial act on an electronic record or for a remotely located individual without obtaining a special endorsement from the Office. A notary public shall hold a notary public commission to be eligible for a special endorsement to perform notarial acts on electronic records and for remotely located individuals. The Office shall adopt rules for obtaining and regulating a special commission endorsement authorizing a notary public to perform notarial acts on electronic records and for remotely located individuals. These rules shall require notaries public performing notarial acts on electronic records and for remotely located individuals to ensure the communication technology and identity proofing used for the performance of the notarial act on electronic records or for remotely located individuals comply with the requirements of section 5380 of this chapter and any rules adopted by the Office in accordance with section 5323 of this chapter. A notary public shall apply for the special commission endorsement for the performance of notarial acts on electronic records and for remotely located individuals by filing with the Office an application provided by the Office accompanied by the required fees and evidence of eligibility, as required in rules adopted by the Office in accordance with section 5323 of this chapter.

(e) A commission to act as a notary public authorizes the notary public to perform notarial acts except for notarial acts on electronic records or for remotely located individuals. A commission with a special endorsement issued under subsection (d) of this section authorizes a notary public to perform notarial acts on electronic records and for remotely located individuals. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees.
26 V.S.A. § 5005 — VT Code / Title 26 / Chapter 97 / Section 5005
§ 5005. Qualified professional engineers exempt
Status: in_force

A licensed professional engineer may practice design without a license under this chapter if he or she satisfies the criteria set forth in 10 V.S.A. § 1975(b).
26 V.S.A. § 3151a — VT Code / Title 26 / Chapter 59 / Section 3151a
§ 3151a. Exemptions
Status: in_force

(a) The term “private investigator” shall not include:

(1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties.

(2) Insurance adjusters, insurance appraisers, and persons regularly employed as investigators exclusively by one insurance company.

(3) Persons regularly employed as investigators exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a private investigative agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes.

(4) Persons engaged exclusively in the business of furnishing of information as to the business and financial standing and credit responsibility of persons, provided such information is not obtained through the preparation of investigative consumer reports as defined by the Federal Fair Credit Reporting Act.

(5) Attorneys engaged in the practice of law and law clerks, paralegals, and other laypersons regularly employed exclusively by one attorney or law firm when the attorney or law firm retains complete professional responsibility for the work product of the law clerk, paralegal, or other laypersons in his, her, or its employ.

(6) Employees of the federal government, the State, or of any municipality in the performance of official duties.

(7) News gathering persons.

(8) A person engaged in compiling genealogical information from public records.

(9) Persons providing marketing or demographic information.

(10) Authors researching material for publication.

(b) The term “security guard” shall not include:

(1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties, including the rendering of security guard services, provided such services have been assigned and approved in advance by the officer's employing department and payment for such services is made to the employing department.

(2) Persons who are not armed, who are engaged exclusively in the business of managing property of others, including incidental inspection for the purpose of discovering damage from entry, theft, vandalism, or other cause.

(3) Persons regularly employed as security guards exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a security agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes.
26 V.S.A. § 373 — VT Code / Title 26 / Chapter 7 / Section 373
§ 373. Renewal of licensure
Status: in_force

(a) A person licensed by the Board to practice podiatry shall apply biennially for the renewal of his or her license. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee; however, any podiatrist while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a podiatrist at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the podiatrist's return from activation or deployment, provided the podiatrist notifies the Board of his or her activation or deployment prior to the expiration of the current license and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license. The Board shall register the applicant and issue the renewal license. Within one month following the date by which renewal is required, the Board shall pay the license renewal fees into the Board of Medical Practice Regulatory Fee Fund.

(b) A license that has lapsed for up to 364 days may be reinstated on payment of a renewal fee and a late renewal penalty. A license that has lapsed for one year or longer may be reinstated upon payment of the reinstatement fee and completion of the reinstatement application as set forth by the Board by rule. The applicant shall not be required to pay renewal fees during periods when the license was lapsed. However, if such license remains lapsed for a period of three years or longer, the Board may require the licensee to update his or her knowledge and skills as defined by Board rules.

(c) Notwithstanding the provision of subsection (a) of this section, the Board may, after notice and an opportunity for hearing, require reexamination as a condition of renewal if the Board finds that the licensee has failed to maintain competence in the knowledge and skills of a podiatrist.

(d) All applicants shall demonstrate that the requirements for licensure are met.

(a) A person licensed by the Board to practice podiatry shall apply biennially for the renewal of his or her license. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee; however, any podiatrist while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a podiatrist at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the podiatrist's return from activation or deployment, provided the podiatrist notifies the Board of his or her activation or deployment prior to the expiration of the current license and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license. The Board shall register the applicant and issue the renewal license. Within one month following the date by which renewal is required, the Board shall pay the license renewal fees into the Board of Medical Practice Regulatory Fee Fund.

(b) A license that has lapsed for up to 364 days may be reinstated on payment of a renewal fee and a late renewal penalty. A license that has lapsed for one year or longer may be reinstated upon payment of the reinstatement fee and completion of the reinstatement application as set forth by the Board by rule. The applicant shall not be required to pay renewal fees during periods when the license was lapsed. However, if such license remains lapsed for a period of three years or longer, the Board may require the licensee to update his or her knowledge and skills as defined by Board rules.

(c) Notwithstanding the provision of subsection (a) of this section, the Board may, after notice and an opportunity for hearing, require reexamination as a condition of renewal if the Board finds that the licensee has failed to maintain competence in the knowledge and skills of a podiatrist.

(d) All applicants shall demonstrate that the requirements for licensure are met.
26 V.S.A. § 3242 — VT Code / Title 26 / Chapter 62 / Section 3242
§ 3242. Medicaid participating providers
Status: in_force

(a) The Department of Vermont Health Access shall grant authorization to a licensed alcohol and drug abuse counselor acting within the scope of his or her practice to participate as a Medicaid provider to deliver clinical and case coordination services to Medicaid beneficiaries consistent with federal law, regardless of whether the counselor works for a preferred provider.

(b) The Department shall amend Vermont's Medicaid State Plan as necessary to comply with subsection (a) of this section.
26 V.S.A. § 1277 — VT Code / Title 26 / Chapter 21 / Section 1277
§ 1277. Suspicious cases
Status: in_force

A person shall not embalm or introduce any fluid into a body of a person who has died under suspicious circumstances or when a criminal cause of death is suspected until after a legal investigation has determined the facts. An embalmer shall forthwith report any such case to the office of the Chief Medical Examiner and obtain permission to embalm the body.
26 V.S.A. § 4903 — VT Code / Title 26 / Chapter 95 / Section 4903
§ 4903. Prohibitions; offenses
Status: in_force

(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:

(1) sell or fraudulently obtain or furnish any applied behavior analysis degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet another person to do so;

(2) practice applied behavior analysis under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(3) practice applied behavior analysis unless currently licensed or otherwise authorized to do so under the provisions of this chapter;

(4) represent himself or herself as being licensed or otherwise authorized by this State to practice applied behavior analysis or use in connection with a name any words, letters, signs, or figures that imply that a person is an applied behavior analyst or assistant behavior analyst when not licensed or otherwise authorized under this chapter;

(5) practice applied behavior analysis during the time a license or authorization issued under this chapter is suspended or revoked; or

(6) employ an unlicensed or unauthorized person to practice as an applied behavior analyst or assistant behavior analyst.

(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 2543 — VT Code / Title 26 / Chapter 45 / Section 2543
§ 2543. Board meetings
Status: repealed

(a) The Board shall meet, at least two times each year, at the call of the Chair or upon the request of any other two members.

(b) [Repealed.]

(c) A majority of the members of the Board shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

(d) The provisions of the Vermont Administrative Procedure Act, 3 V.S.A. chapter 25, relating to contested cases, shall apply to proceedings under this chapter.

(e) Fees for the service of process and attendance before the Board shall be the same as the fees paid sheriffs and witnesses in Superior Court.
26 V.S.A. § 2612 — VT Code / Title 26 / Chapter 46 / Section 2612
§ 2612. Prohibition and enforcement
Status: in_force

(a) No person shall:

(1) Practice or attempt to practice landscape architecture or hold himself or herself as being able to do so in this State without first obtaining a valid license as required by this chapter.

(2) Use the title “landscape architect,” “landscape architecture,” or “landscape architectural” in connection with the person's name without being duly licensed under this chapter.

(b) No person licensed under this chapter shall:

(1) stamp or seal documents with his or her landscape architect seal if his or her license has expired or is revoked or suspended;

(2) practice or attempt to practice landscape architecture during license revocation or suspension;

(3) engage in unprofessional conduct;

(4) violate any provisions of this chapter.

(c) A person who willfully violates any provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).

(d) The administrative law officer may bring an action for injunctive relief to enforce the provisions of this chapter.
26 V.S.A. § 5122 — VT Code / Title 26 / Chapter 99 / Section 5122
§ 5122. License renewal
Status: in_force

(a)(1) A license shall be renewed every two years upon application, payment of the required fee, and proof of compliance with such continuing education or periodic reexamination requirements as the Director may by rule prescribe. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.

(2) A license that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.

(b) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than three years as a pollution abatement facility operator is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.
26 V.S.A. § 4109 — VT Code / Title 26 / Chapter 79 / Section 4109
§ 4109. Disclosure information
Status: in_force

The Director shall adopt rules requiring licensed operators to disclose to each new client before the first treatment the operator's professional qualifications and experience, the infection control procedures and public health practices to be followed to protect the public from communicable diseases, the 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 operator and the client.
26 V.S.A. § 1443 — VT Code / Title 26 / Chapter 23 / Section 1443
§ 1443. Records immune from discovery
Status: in_force

(a) The proceedings, reports, and records of committees defined in section 1441 of this title including information and evidence required to be reported pursuant to section 1317 of this title shall be confidential and privileged, and shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by such committee, and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any findings, recommendations, evaluations, opinions, or other actions of such committees or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of such committee, nor shall any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his or her knowledge, but such witness shall not be asked about his or her testimony before such committee or about opinions formed by him or her as a result of such committee hearings.

(b) Notwithstanding the provisions of subsection (a) of this section, a peer review committee shall provide the Board with all supporting information and evidence pertaining to information required to be reported under section 1317 of this title and shall provide access to such information and evidence to the Department of Health as provided in and for the purpose of determining a hospital's compliance with 18 V.S.A. chapter 43a.

(c) Notwithstanding the provisions of section 1318 of this title, relating to accessibility and confidentiality of disciplinary matters, the proceedings, reports, records, reporting information, and evidence of a peer review committee provided by the committee to the Board in accordance with the provisions of section 1317 of this title or to the Department of Health in accordance with 18 V.S.A. chapter 43a and subsection (b) of this section may be used by the Board or by the Commissioner of Health for disciplinary and enforcement purposes but shall not be subject to public disclosure.
26 V.S.A. § 612 — VT Code / Title 26 / Chapter 12 / Section 612
§ 612. License by endorsement
Status: repealed

(a) The Board may grant a license as a dental therapist to an applicant who:

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

(2) has passed an examination testing the applicant's knowledge of the Vermont statutes and rules relating to the practice of dentistry approved by the Board;

(3) has successfully completed an emergency office procedure course approved by the Board;

(4) has met active practice requirements and any other requirements established by the Board by rule; and

(5) pays the application fee set forth in section 662 of this chapter.

(b) [Repealed.]
26 V.S.A. § 2651 — VT Code / Title 26 / Chapter 47 / Section 2651
§ 2651. Definitions
Status: in_force

As used in this chapter:

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

(2) “Optician” is a person who is qualified and licensed under this chapter to interpret and fill prescriptions of ophthalmologists or optometrists for ophthalmic lenses or repair and reproduce previously prepared ophthalmic lenses and frames, prepare and deliver work orders to technicians engaged in grinding lenses and fabricate eyewear, verify the accuracy of ophthalmic lenses, and adjust and disperse lenses, specially fabricated optical devices, frames, and appurtenances.

(3) “Optometrist” means a person licensed under chapter 30 of this title.

(4) “Ophthalmologist” means a licensed physician who has had special training in the field of ophthalmology.

(5) “Registered optician trainee” means a person registered as an optician trainee under this chapter.
26 V.S.A. § 1420a — VT Code / Title 26 / Chapter 23 / Section 1420a
§ 1420a. Purpose
Status: in_force

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state's existing Medical Practice Act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
26 V.S.A. § 5223 — VT Code / Title 26 / Chapter 101 / Section 5223
§ 5223. Issuance of licenses
Status: in_force

The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter.
26 V.S.A. § 2032 — VT Code / Title 26 / Chapter 36 / Section 2032
§ 2032. Powers; duties; limitations
Status: in_force

(a) The Board shall adopt rules necessary for the performance of its duties, including:

(1) scope of the practice of pharmacy;

(2) qualifications for obtaining licensure;

(3) explanations of appeal and other rights given to licensees, applicants, and the public;

(4) rules regulating pharmacy technicians; and

(5) provisions for the inspection of any regulated entity or commercial location where legend drugs are manufactured or kept.

(b) The Board of Pharmacy shall supervise the practice of pharmacy in this State, including the following:

(1) the determination and issuance of standards for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State, and the specification and enforcement of requirements for practical training;

(2) the enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this State, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; and

(3) an internship program that shall have the following elements:

(A) a curriculum governing the internship that requires an intern to spend at least 50 percent of the internship on compounding, dispensing, or inventorying prescription drugs under the direct supervision of a licensed pharmacist, and maintaining required records;

(B) the establishment of a referral function administered by the Office of Professional Regulation whereby the Board collects information on available internships and disseminates this information to prospective interns; and

(C) allowance of up to 1,240 hours of the program to be “concurrent time” or internship time served under the supervision of, concurrent with, or part of an educational course requirement leading to a pharmacy degree, as defined by Board rule, or by equivalent service in any branch of the U.S. Armed Forces, as defined by Board rule.

(c) The Board of Pharmacy shall also have the following responsibilities in regard to medications, drugs, legend devices, and other materials used in this State in the diagnosis, mitigation, and treatment or prevention of injury, illness, and disease:

(1) the regulation of the sale, compounding, administration, and dispensing of medications, drugs, legend devices, and other materials, including the right to seize any such drugs, legend devices, and other materials found to be detrimental to the public health and welfare by the Board pursuant to an appropriate hearing as required under the Administrative Procedure Act;

(2) the specifications of minimum professional and technical equipment, environment, supplies, and procedures for the compounding or dispensing of such medications, drugs, legend devices, and other materials within the practice of pharmacy;

(3) the control of the purity and quality of such medications, drugs, legend devices, and other materials within the practice of pharmacy; and

(4) the issuance of certificates of registration and licenses of drug outlets.

(d) The Board:

(1) shall make examinations available at least twice each year and pass upon the qualifications of applicants for licensing; and

(2) may enact rules for continuing education requirements and approve continuing education programs.

(e) With the approval of the Board, the Director of the Office of Professional Regulation may employ or contract with persons as may be necessary to carry out the duties of the Board.

(f) The Board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules and regulations of the Board. The Board may take testimony under oath and may compel the attendance of witnesses and the production of tangible evidence by serving a subpoena.

(g) The Board may by rule adopt standards for creating, licensing, and operating remote pharmacies and automatic dispensing units in Vermont.

(h) It shall be lawful for a drug outlet licensed under this chapter to sell and distribute nonprescription drugs. Drug outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. A rule or regulation shall not be adopted by the Board under this chapter that shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines.
26 V.S.A. § 528 — VT Code / Title 26 / Chapter 10 / Section 528
§ 528. Board procedures
Status: repealed

(a) Annually the Board shall elect from among its members a chair, vice chair, and secretary, each to serve for one year. No person shall serve as Chair or Vice Chair for more than three consecutive years.

(b), (c) [Repealed.]

(d) A majority of the members of the Board constitutes a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.
26 V.S.A. § 4191 — VT Code / Title 26 / Chapter 85 / Section 4191
§ 4191. Informed consent
Status: in_force

A licensed midwife shall provide each client with and maintain a record of a signed informed consent form that describes the midwife's education and credentials, whether the midwife has professional liability insurance coverage, procedures and risks of home birth, a copy of the emergency plan required by section 4190 of this title, and the address and phone number of the Office of Professional Regulation where complaints may be filed.
26 V.S.A. § 1213 — VT Code / Title 26 / Chapter 21 / Section 1213
§ 1213. Inspection of premises
Status: in_force

(a) The Director or his or her designee may, at any reasonable time, inspect funeral establishments and disposition facilities.

(b) Each funeral establishment and disposition facility shall be inspected at least once every two years. Copies of the inspector's report of inspections of establishments and facilities shall be provided to the Director.
26 V.S.A. § 4706 — VT Code / Title 26 / Chapter 91 / Section 4706
§ 4706. Application
Status: in_force

To apply for licensure as a respiratory care practitioner, a person shall apply to the Director on a form furnished by the Director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director.
26 V.S.A. § 4189 — VT Code / Title 26 / Chapter 85 / Section 4189
§ 4189. Prohibition; offenses
Status: in_force

(a) No person shall use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a licensed midwife, unless the person is licensed in accordance with this chapter. However, a person may use any designation issued by a state or nationally recognized organization, as long as the name of that organization is clearly used with the designation.

(b) No person shall practice midwifery in this State without a valid license issued in accordance with this chapter except as provided in section 4182 of this title.

(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 2255 — VT Code / Title 26 / Chapter 41 / Section 2255
§ 2255. Fees
Status: repealed

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

(b) [Repealed.]
26 V.S.A. § 3275b — VT Code / Title 26 / Chapter 65 / Section 3275b
§ 3275b. 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 which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege 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 licensed professional counselor's authorization to practice, including issuance of a cease and desist action.

(3) “Alternative program” means a non-disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

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

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

(6) “Current significant investigative information” means:

(A) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor 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; or

(B) investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

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

(8) “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

(9) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

(10) “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.

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

(12) “Impaired practitioner” means an individual who has a condition or conditions that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

(13) “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

(14) “Jurisprudence requirement” if required by a member state means the assessment of an individual's knowledge of the laws and rules governing the practice of professional counseling in a state.

(15) “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.

(16) “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.

(17) “Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.

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

(19) “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.

(20) “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.

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

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

(23) “Single state license” means a licensed professional counselor 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.

(24) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.

(25) “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.

(26) “Unencumbered License” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
26 V.S.A. § 3205 — VT Code / Title 26 / Chapter 61 / Section 3205
§ 3205. Licensed master's social worker eligibility
Status: in_force

To be eligible for licensing as a licensed master's social worker, an applicant must have:

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

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