26 V.S.A. § 1314 — VT Code / Title 26 / Chapter 23 / Section 1314
§ 1314. Illegal practice
Status: in_force

(a) A person who, not being licensed, advertises or holds himself or herself out to the public as described in section 1311 of this title, or who, not being licensed, practices medicine as defined in section 1311 of this title, or who practices medicine under a fictitious or assumed name, or who impersonates another practitioner or who is not a licensed health care professional as defined in 18 V.S.A. § 5202 and signs a certificate of death for the purpose of burial or removal, shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

(b) An action shall not be maintained by such person for the recovery of compensation for such services.
26 V.S.A. § 210 — VT Code / Title 26 / Chapter 3 / Section 210
§ 210. Unprofessional conduct
Status: in_force

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

(1) assisting the application for licensure of a person known by the licensee to be unqualified in respect to education, training, or experience;

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

(3) failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensee's judgment in the performance of professional services;

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

(5) rendering decisions favoring either party to a contract when acting as interpreter of building contract documents and judge of contract performance;

(6) failing to disclose compensation for making public statements on architectural questions;

(7) offering or making any payment or gift to an elected or appointed government official with the intent to influence the official's judgment in connection with a prospective or existing project in which the licensee is interested;

(8) offering or making any gifts of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensee is interested;

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

(10) knowingly designing a project in violation of applicable state and local building laws and regulations;

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

(12) failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensees practicing in the same locality;

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

(14) agreeing with any other person, as defined in 1 V.S.A. § 128, 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;

(15) failing to report to the Board knowledge of a violation of these rules by another licensee;

(16) failing to report to the public official charged with enforcement of applicable state or municipal building laws and regulations any decision taken by the licensee's employer or client, against the licensee's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensee's judgment, materially affect adversely safety to the public or the finished project;

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

(18) using the licensee's seal on drawings prepared by others not in the licensee's direct employ, or using the seal of another;

(19) inaccurately representing to a prospective or existing client or employer the licensee's qualifications and scope of responsibility for work for which the licensee claims credit;

(20) signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensee; except that (A) the licensee may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensee has reviewed and adopted in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work, and (B) the licensee may sign or seal those portions of the technical submissions that are not required by this section to be prepared by or under the responsible control of a licensee if the licensee has reviewed and adopted in whole or in part such submissions and integrated them into his or her work. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation. Any licensee signing and sealing technical submissions not prepared by that licensee but prepared under the licensee's responsible control by persons not regularly employed in the office where the licensee is resident shall maintain and make available to the Board upon request, for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the licensee's control over and detailed knowledge of such technical submissions throughout their preparation;

(21) in each office maintained for preparation of drawings, specifications, reports, or other professional work, failing to have a licensee with direct knowledge and supervisory control of such work resident and regularly employed in that office.
26 V.S.A. § 3108 — VT Code / Title 26 / Chapter 57 / Section 3108
§ 3108. Preliminary assessment of scope of practice
Status: in_force

(a) Office preliminary assessment.

(1) Prior to review under this chapter and consideration by the General Assembly of any bill to materially amend the scope of practice permitted for a regulated profession or occupation, and upon the request of the House or Senate Committee on Government Operations or, in the case of a health care profession, the House Committee on Health Care or the Senate Committee on Health and Welfare or upon the direct petition from a regulated profession or occupation, the Office shall make, in writing, a preliminary assessment of whether the proposed scope of practice amendment is consistent with the principles and standards set forth in this chapter.

(2) The Office shall report its preliminary assessment to the House and Senate Committees on Government Operations and, where a report pertains to a health care profession, to the House Committee on Health Care and the Senate Committee on Health and Welfare.

(b) Required supporting information. A profession proposing by petition a material amendment of a scope of practice shall explain each of the following factors, in writing, to the extent requested by the Office or the House or Senate Committee on Government Operations, not later than July 1 of the year preceding the next regular session of the General Assembly:

(1) A description of the practices and activities that the profession or occupation would be permitted to engage in if the scope of practice is amended.

(2) Public health, safety, or welfare benefits, including economic benefits that the requestor believes will be achieved if the request is implemented and, if applicable, a description of any harm to public health if the request is implemented.

(3) The impact the amendment of the scope of practice will have on the public's access to occupational services.

(4) A description of the current laws and regulations, both federal and State, pertaining to the profession, including a description of the current education, training, and examination requirements and any relevant certification requirements applicable to the profession for which the amended scope of practice is being sought.

(5) The extent to which the public can be confident that a practitioner is competent to perform the activities and practices permitted under the amended scope of practice, including a description of the nature and duration of the education and training for performing these activities and practices, if any. The description of the education and training shall include the following information:

(A) whether the educational requirement includes a substantial amount of supervised practical experience;

(B) a description of the courses and professional educational programs, including relevant syllabi and curricula, training professionals to perform the activities and practices being proposed under the expanded scope of practice;

(C) whether educational programs exist in this State;

(D) whether there will be an experience requirement;

(E) whether the experience must be acquired under a registered, certified, or licensed practitioner;

(F) whether there are alternative routes of entry or methods of satisfying the eligibility requirements and qualifications; and

(G) whether all applicants will be required to pass an examination and, if an examination is required, by whom it will be developed and how the costs of development will be met.

(6) A description of how the request relates to the profession's ability to practice to the full extent of the profession's education and training.

(7) For health care professionals, a description of the impact an amendment to the scope of practice will have within the health care system, including:

(A) the anticipated economic impact such an expansion will have for the system, for patients, and for other health care providers; and

(B) identification of any health care professions that can reasonably be anticipated to be directly impacted by the request, the nature of the impact, and efforts made by the requestor to discuss the request with such health care professionals.

(8) A summary of the known scope of practice changes either requested or enacted in the State concerning the profession in the five-year period preceding the date of the current request.

(9) A summary of regional and national trends, legislation, laws, and regulations concerning licensure of the profession making the request, and a summary of relevant scope of practice provisions enacted in other states.

(10) How the standards of the profession or occupation will be maintained, including whether effective quality assurance standards pertaining to the activities and practices permitted under the proposed expanded scope of practice exist in the profession or occupation, such as legal requirements associated with specific programs that define or enforce standards.

(11) A profile of the practitioners in this State, including a list of associations, organizations, and other groups representing the practitioners and including an estimate of the number of practitioners in each group.

(c) Exemption. In lieu of submitting a scope of practice request as described in subsection (b) of this section, a person proposing an amendment to a scope of practice may submit a request for an exemption. The request for exemption shall be submitted to the Office not later than July 1 of the year preceding the next regular session of the General Assembly and shall include a plain language description of the request. The Office may grant the exemption if:

(1) there exist exigent circumstances that necessitate an immediate response to the request, and the delay imposed by analysis would threaten the public health, safety, or welfare;

(2) there is not substantial dispute concerning the scope of practice request; or

(3) the requested amendment is not material, meaning the amendment would not alter the balance of risks and harms to the public health, safety, or welfare; the regulatory burdens on any other group; or the enforcement authority or character of the regulatory program.

(d) Impacted persons; statements and replies.

(1) Any person acting on behalf of a profession that may be directly impacted by a scope of practice request submitted pursuant to this section may submit to the Office a written statement identifying the nature of the impact not later than October 1 of the year preceding the next regular session of the General Assembly. That person shall indicate the nature of the impact by taking into consideration the criteria set forth in subsection (b) of this section and shall provide a copy of the written impact statement to the requestor.

(2) Not later than October 15 of that year, the requestor shall submit a written response to the Office and the person that provided the written impact statement. The requestor's written response shall include a description of areas of agreement and disagreement between the respective professions.

(e) Consultation with Commissioner and boards.

(1) If an assessment under this section addresses activities that would constitute the “practice of medicine” as defined in subdivision 1311(1) of this title, the Office shall give written notice to the Commissioner of Health and any professional regulatory board or boards having jurisdiction over some or all of the regulated acts. The Office shall include with such notice a copy of the supporting information received from the requestor pursuant to subsection (b) of this section. Notice shall be given within 14 days after receipt of the requestor's supporting information.

(2) The Office shall consult the Commissioner and relevant board or boards with respect to the requestor's assertions under subsection (b) of this section. After consulting with the Office, and on or before November 15 of the year preceding the next regular session of the General Assembly, the Commissioner or relevant board or boards may file with the Office any written commentary they wish the Office to consider. Submitted commentary shall be appended to the Office's final report or assessment filed with the General Assembly.
26 V.S.A. § 3295a — VT Code / Title 26 / Chapter 67 / Section 3295a
§ 3295a. Temporary licensure of hearing aid dispenser without examination
Status: in_force

(a) A temporary license may be issued to a person who applies for the first time to practice as a hearing aid dispenser under section 3293 of this chapter, is employed by a licensed hearing aid dispenser, and satisfies the provisions of subdivision (1) of that section.

(b)(1) A temporary license allows a person to practice as a hearing aid dispenser while directly supervised by a hearing aid dispenser licensed under section 3295 of this chapter until he or she takes the next examination provided by the Director and a determination is made of his or her qualifications to practice in this State.

(2) The supervising hearing aid dispenser shall personally observe the temporary licensee while conducting and interpreting hearing tests and making earmolds or impressions, for a period of two months following issuance of a license under this section or until the license expires, whichever occurs first.

(c) Temporary licenses shall be issued on payment of the specified fee and shall remain in force no longer than 60 days following examination and shall not be extended except for good and exceptional cause shown by the applicant. Not more than one temporary license may be issued to the same person. An extension shall not be granted to an applicant who fails the examination.
26 V.S.A. § 4404 — VT Code / Title 26 / Chapter 86 / Section 4404
§ 4404. Director; duties
Status: in_force

(a) The Director shall have the following duties:

(1) provide general information to applicants for licensure as electrologists;

(2) explain appeal procedures to licensed electrologists and applicants and complaint procedures to the public;

(3) administer fees established by law;

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

(5) refer complaints and disciplinary matters to an administrative law officer.

(b) The Director may inspect electrology offices used for the practice of electrology. A fee shall not be charged for inspections under this subsection.

(c) The Director, after consultation with the advisor appointees, may adopt rules necessary to perform the Director's duties under this chapter.

(d) The Director shall adopt rules regulating a special license endorsement that shall authorize an electrologist to use lasers for hair removal. These rules shall require an electrologist to complete a comprehensive laser hair removal course satisfactorily in order to obtain this special license endorsement.
26 V.S.A. § 3275l — VT Code / Title 26 / Chapter 65 / Section 3275l
§ 3275l. Oversight, dispute, resolution, and enforcement
Status: in_force

(a) Oversight.

(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

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

(b) Default, technical assistance, and termination. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

(1) provide written notice to the defaulting state and other member 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

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

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, 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.

(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

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

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

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

(h) Dispute resolution.

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

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

(i) Enforcement.

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

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of 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. § 4403 — VT Code / Title 26 / Chapter 86 / Section 4403
§ 4403. Prohibition; penalty; construction
Status: in_force

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

(b) A person shall not practice or attempt to practice electrology or hold himself or herself out as being able to do so in this State without first having obtained a license as required by this chapter.

(c) A person licensed under this chapter shall not use lasers for hair removal without obtaining from the Director the special license endorsement set forth in subsection 4404(d) of this chapter.

(d) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127.

(e) This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation that is regulated by this State from performing services within the scope of his or her professional practice.
26 V.S.A. § 1662 — VT Code / Title 26 / Chapter 29 / Section 1662
§ 1662. Fees
Status: in_force

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

(1)(A)(i) Original application for certification, $120.00;

(ii) Each additional application, $55.00;

(B) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.

(2)(A)(i) Biennial renewal, $120.00;

(ii) Each additional renewal, $55.00;

(B)(i) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.

(ii) In addition to the fee, an applicant for certification renewal shall submit evidence in a manner acceptable to the Board that he or she continues to meet the certification requirements of the NCCAA.

(3) Transfer of certification, $20.00.
26 V.S.A. § 4911 — VT Code / Title 26 / Chapter 95 / Section 4911
§ 4911. Duties of the Director
Status: in_force

(a) The Director shall:

(1) provide general information to applicants for licensure under this chapter;

(2) receive applications for licensure and provide licenses to applicants qualified under this chapter;

(3) administer fees as established by law;

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

(5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

(6) explain appeal procedures to persons licensed under this chapter and to applicants and complaint procedures to the public.

(b) The Director may adopt rules necessary to perform his or her duties under this section.
26 V.S.A. § 2181 — VT Code / Title 26 / Chapter 39 / Section 2181
§ 2181. Plumber's Examining Board; membership; powers
Status: in_force

(a) Creation. The Plumber's Examining Board, within the Department of Public Safety, shall consist of five members, one of whom shall be the Commissioner of Public Safety or designee and one of whom shall represent the Commissioner of Health or designee. The remaining three members shall be appointed by the Governor with the advice and consent of the Senate. One of the appointive members shall be a master plumber, one shall be a journey plumber, and one shall be a public member not associated with the plumbing or heating trades.

(b) General authority. The Board shall have authority to examine and license master plumbers and journeyman plumbers and specialists and shall have the right to make reasonable rules.

(c) Disciplinary actions. Upon notice to the affected person and after a hearing, the Board may refuse to issue a license or may suspend or revoke a license or may take other disciplinary action against a licensee for any of the following reasons:

(1) fraud or deceit in obtaining a license;

(2) gross negligence, incompetency, misrepresentation, or misconduct by a licensee;

(3) violation by a licensee of the rules of the Department of Health, the Department of Public Safety, or the Board;

(4) failure to comply with a written notice issued under section 2173, 2174, or 2175 of this title.

(d) Military credentials. The Board may evaluate specific military credentials to determine equivalency to credentials within its jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board's website.

(e) Foreign credential verification.

(1) The Commissioner shall adopt rules in consultation with the Board that prescribe a process for the Commissioner to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for plumbers.

(2) Any determination of equivalence by the Commissioner under this subsection shall be in consultation with the Board, recorded in the applicant's licensing file, and binding upon the Board.

(3) In administering this subsection, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(f) Continuing education; sunset review.

(1) Not less than once every five years, the Board shall review plumbers' continuing education or other continuing competency requirements. The review results shall be in writing and address the following:

(A) the renewal requirements of the profession;

(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(C) the cost of the renewal requirements for the profession's licensees;

(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(E) recommendations to the Commissioner on whether the continuing education or other continuing competency requirements should be modified.

(2) The Commissioner shall respond to the Board within 45 days of its submitted review results. The Commissioner may require the Board to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.
26 V.S.A. § 3351 — VT Code / Title 26 / Chapter 71 / Section 3351
§ 3351. Definitions
Status: in_force

As used in this chapter:

(1) “Occupational therapist” means a person who is licensed to practice occupational therapy under this chapter.

(2) “Occupational therapy assistant” means a person who is licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.

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

(4) “Disciplinary action” includes any action taken by the Director or by an administrative law officer established by 3 V.S.A. § 129(j) against an occupational therapist, occupational therapy assistant, or applicant premised on a finding that the occupational therapist, occupational therapy assistant, or applicant has engaged in unprofessional conduct. The term includes all sanctions of any kind, refusing to grant or renew licensure, suspending or revoking licensure, and issuing warnings.

(5) “Occupational therapy practice” means the therapeutic use of purposeful and meaningful occupations (goal-directed activities) to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction that interferes with their ability to function independently in daily life roles, and to promote health and wellness. Occupational therapy intervention may include:

(A) remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes;

(B) adaptation of task, process, or the environment, or the teaching of compensatory techniques, in order to enhance performance;

(C) disability prevention methods and techniques that facilitate the development of safe application of performance skills;

(D) health promotion strategies and practices that enhance performance abilities.

(6) “Occupational therapy services” include:

(A) evaluating, developing, improving, sustaining, or restoring skills in activities of daily living, work, or productive activities, including instrumental activities of daily living, and play and leisure activities;

(B) evaluating, developing, remediating, or restoring sensorimotor, cognitive, or psychosocial components of performance;

(C) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices;

(D) adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;

(E) application of physical agent modalities as an adjunct to or in preparation for engagement in occupations;

(F) evaluating and providing intervention in collaboration with the individual receiving treatment, family, caregiver, or others;

(G) educating the individual receiving treatment, family, caregiver, or others in carrying out appropriate nonskilled interventions; and

(H) consulting with groups, programs, organizations, or communities to provide population-based services.
26 V.S.A. § 4177 — VT Code / Title 26 / Chapter 84 / Section 4177
§ 4177. Unprofessional conduct [Effective July 1, 2026]
Status: in_force

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

(b) The Office of Professional Regulation may discipline a certified community-based perinatal doula for unprofessional conduct as provided in 3 V.S.A. § 129a.
26 V.S.A. § 4151a — VT Code / Title 26 / Chapter 83 / Section 4151a
§ 4151a. Practice contexts; referral required for clinical care
Status: in_force

(a) A person licensed under this chapter may provide athletic training:

(1) by formal engagement with a team, school, college, university, league, or other sporting organization, to affiliated athletes participating in organized sports or athletic teams at an interscholastic, intramural, instructional, intercollegiate, amateur, or professional level;

(2) upon referral of an athlete or physically active individual to an athletic training clinic;

(3) by engagement with an employer or organization for the purpose of educating groups on the care and prevention of athletic and orthopedic injuries or conditioning appropriate to physical demands upon employees or members; or

(4) in a bona fide emergency necessitating response care of an injured athlete.

(b) Practice outside the settings set forth in subsection (a) of this section, including clinical practice without referral, exceeds an athletic trainer's scope of practice. Such practice is not entitled to the protections of section 4160 of this chapter and may be sanctioned as unprofessional conduct.
26 V.S.A. § 1272 — VT Code / Title 26 / Chapter 21 / Section 1272
§ 1272. Rules; prepaid funeral funds
Status: repealed

The Director shall adopt rules to carry out the provisions of this subchapter to ensure the proper handling of all funds paid pursuant to a prepaid funeral agreement and to protect consumers in the event of default. The rules shall include provisions relating to the following:

(1) The timely establishment of escrow accounts and verification of the establishment of an account. An escrow account shall be maintained by a federally insured depository institution, but shall not be required to be maintained by a trust department, an insurance company licensed to do business in Vermont that is a member of the Vermont's Property and Casualty Insurance Guaranty Association established by 8 V.S.A. chapter 101, subchapter 9, or a trust company chartered by the State of Vermont, if that insurance or trust company is a federally insured depository.

(2) [Repealed.]

(3) Permissible investments to include demand and time deposits, certificates of deposit, bonds of the United States or its agencies, bonds of the State of Vermont, bonds of a Vermont municipality, and bonds in which savings banks in this State may, by law, invest.

(4) The crediting of income earned by an escrow account, use of the taxpayer identification number, and the deduction of reasonable administrative costs, taxes, and bank fees. The beneficiary shall be considered to be the owner of irrevocable escrow accounts.

(5) Information to be provided the escrow agent by the funeral director and information regarding the escrow account or the prepaid funeral that shall be made available to the buyer on request and annually in a format as determined by the Director.

(6) Records to be kept, manner of disclosure, and clauses to be included in contracts, including pre-need trust forms, and agreements. Records shall include a copy of the prepaid arrangement check, which shall be kept in the prepaid account file maintained by the funeral director.

(7) Preparation of appropriate tax and other reports.

(8) Other factors determined by the Director to be reasonably necessary to ensure the security of the funds paid into an escrow account as part of a prepaid funeral arrangement.

(9) Establishment of a funeral services trust account.

(A) For purposes of funding the Funeral Services Trust Account, the Office shall assess each funeral establishment or disposition facility a per funeral, burial, or disposition fee of $6.00.

(B) The Account shall be administered by the Secretary of State and shall be used for the sole purpose of protecting prepaid funeral contract holders in the event a funeral establishment or disposition facility defaults on its obligations under the contract.

(C) The Account shall consist of all fees collected under this subdivision (9) and any assessments authorized by the General Assembly. The principal and interest remaining in the Account at the close of any fiscal year shall not revert but shall remain in the Account for use in succeeding fiscal years.

(D) Notwithstanding the provisions of this subdivision (9) to the contrary, if the fund balance at the beginning of a fiscal year is at least $200,000.00, no fees shall be imposed during that fiscal year.

(E) Payments on consumer claims from the fund shall be made on warrants by the Commissioner of Finance and Management, at the direction of the Director.

(F) When an investigation reveals financial discrepancies within a licensed establishment or facility, the Director may order an audit to determine the existence of possible claims on the Funeral Services Trust Account. In cases where both a funeral establishment or disposition facility are involved in a disposition, the party receiving the burial permit shall be responsible for the disposition fee.
26 V.S.A. § 5369 — VT Code / Title 26 / Chapter 103 / Section 5369
§ 5369. Official stamp
Status: in_force

The official stamp of a notary public shall:

(1) include the notary public's name, jurisdiction, and other information required by the Office; and

(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
26 V.S.A. § 5222 — VT Code / Title 26 / Chapter 101 / Section 5222
§ 5222. Applications for licensure
Status: in_force

Applications for licensure shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant's education, forestry experience, and other pertinent information required by the Director. Applications shall be accompanied by the required fee.
26 V.S.A. § 2426 — VT Code / Title 26 / Chapter 44 / Section 2426
§ 2426. Renewal of license
Status: in_force

(a) On a schedule established by the Office of Professional Regulation, a licensed veterinarian shall pay to the Secretary of State a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing his or her name, address, registration number, and the date of expiration of the license.

(b) A person shall not be required to pay renewal fees for years during which the license was lapsed.

(c) As a condition of renewal, a licensee shall complete continuing veterinary medical education, approved by the Board by rule, during the preceding two-year period. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing veterinary medical education as a condition of renewal.
26 V.S.A. § 3003 — VT Code / Title 26 / Chapter 55 / Section 3003
§ 3003. Penalties
Status: in_force

A person who violates section 3002 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 4456 — VT Code / Title 26 / Chapter 87 / Section 4456
§ 4456. Director duties
Status: repealed

(a) The Director shall administer the application and renewal process for all licensees under this chapter, and shall:

(1) provide information to applicants for licensure under this chapter;

(2) administer fees collected under this chapter;

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

(4) explain sanctions, including license revocation and suspension, that may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;

(5) receive applications for licensure, grant licensure under this chapter, renew licenses, and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;

(6) with the advice of the advisor appointees, adopt rules necessary to implement the provisions of this chapter, which may include rules providing for the issuance of a restricted, provisional license to a person in the process of completing the postgraduate professional training required by subdivision 4457(3) of this chapter;

(7) prepare and maintain a registry of licensed speech-language pathologists; and

(8) issue to each person licensed a certificate of licensure that shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed speech-language pathologist, subject to the conditions and limitations of this chapter.

(b) [Repealed.]
26 V.S.A. § 1718 — VT Code / Title 26 / Chapter 30 / Section 1718
§ 1718. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 1420d — VT Code / Title 26 / Chapter 23 / Section 1420d
§ 1420d. Designation of state of principal license
Status: in_force

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

(1) the state of primary residence for the physician;

(2) the state where at least 25 percent of the practice of medicine occurs;

(3) the location of the physician's employer; or

(4) if no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.

(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
26 V.S.A. § 3161 — VT Code / Title 26 / Chapter 59 / Section 3161
§ 3161. Regulation of private investigative and security services; Director; advisor appointees
Status: in_force

(a)(1) The Director shall administer the provisions of this chapter.

(2) The Director shall consult the advisor appointees prior to exercising interpretive discretion, adopting or amending rules, and determining any substantial regulatory question presented in the course of administering this chapter.

(b)(1) The Secretary of State shall appoint five persons of suitable qualifications in accordance with this section to advise the Director in matters concerning private investigative and security services.

(A) Two advisors shall be members of the public with no financial interest, either personally or through a spouse, in private investigative services or security services.

(B) One advisor shall be a provider of private investigative services.

(C) One advisor shall be a provider of private security services.

(D) The remaining member shall be a provider of private investigative services or a provider of private security services, or a provider of both types of services.

(2) The Secretary of State shall appoint the advisors for five-year staggered terms. Four of the initial appointments shall be for four-, three-, two-, and one-year terms.
26 V.S.A. § 3401a — VT Code / Title 26 / Chapter 75 / Section 3401a
§ 3401a. Scope of practice
Status: in_force

(a) A licensed acupuncturist may, in addition to the practice of acupuncture employing fine needles, in a manner consistent with acupuncture theory, employ electrical, magnetic, thermal, and mechanical skin stimulation techniques; nonlaboratory diagnostic techniques; nutritional, herbal, and manual therapies; exercise and lifestyle counseling; acupressure; and massage.

(b) A licensed acupuncturist shall not offer diagnosis of any human pathology except for a functional diagnosis, based upon the physical complaint of a patient or acupuncture theory, for purposes of developing and managing a plan of acupuncture care, or as necessary to document to insurers and other payers the reason a patient sought care.
26 V.S.A. § 3236 — VT Code / Title 26 / Chapter 62 / Section 3236
§ 3236. Licensed alcohol and drug abuse counselor eligibility
Status: in_force

(a) To be eligible for licensure as an alcohol and drug abuse counselor, an applicant shall:

(1) have received a master's degree or doctorate in a human services field from an accredited educational institution, including a degree in counseling, social work, psychology, or an allied mental health field, or a master's degree or higher in a health care profession regulated under this title or Title 33, after having successfully completed a course of study with course work including theories of human development, diagnostic and counseling techniques, professional ethics, and a supervised clinical practicum;

(2)(A) hold or be qualified to hold a current alcohol and drug counselor certification from the Office; or

(B) hold an International Certification and Reciprocity Consortium certification from another U.S. or Canadian jurisdiction or a U.S. or Canadian national certification organization approved by the Director;

(3) successfully pass the examination approved by the Director; and

(4) complete 2,000 hours of supervised practice as set forth in rule.

(b) A person who is engaged in supervised practice toward licensure who is not within the preferred provider network shall be registered on the roster of nonlicensed and noncertified psychotherapists.
26 V.S.A. § 1398 — VT Code / Title 26 / Chapter 23 / Section 1398
§ 1398. Refusal or revocation of licenses
Status: in_force

(a) The Board may refuse to issue a license or certificate to an applicant who applies to be licensed or certified under this chapter and who, by false or fraudulent representations, has obtained or sought to obtain practice in the profession, or by false or fraudulent representations in practice, has obtained or sought to obtain money or any other thing of value, or who assumes a name other than the applicant's own for the purpose of misleading others, or for any other immoral, unprofessional, or dishonorable conduct.

(b) A license or certificate shall not be suspended, except as provided in section 1365 or 1366 of this chapter; revoked; or refused until the holder or applicant:

(1) is given a hearing before the Board using the same procedures as a hearing on disciplinary matters as set forth in sections 1372 through 1376 of this chapter;

(2) is offered and declines or fails to attend a hearing; or

(3) agrees to the action.

(c) In the event of a revocation, the holder of any license or certificate so revoked shall promptly relinquish the license or certificate to the Secretary of the Board.
26 V.S.A. § 6042 — VT Code / Title 26 / Chapter 109 / Section 6042
§ 6042. Age
Status: in_force

No individual under 18 years of age shall engage in a mixed martial arts event, including a sole match, in which money, a prize or purse, or other form of monetary compensation is offered or given to any contestant.
26 V.S.A. § 2591 — VT Code / Title 26 / Chapter 45 / Section 2591
§ 2591. Applications
Status: in_force

Applications for licensure shall be on forms provided by the Board. Each application shall contain a statement under oath showing the applicant's education, land surveying experience, and other pertinent information and shall be accompanied by the required fee.
26 V.S.A. § 2083 — VT Code / Title 26 / Chapter 38 / Section 2083
§ 2083. Exemptions from licensure
Status: in_force

The following persons shall be permitted to practice as a physical therapist or physical therapist assistant in this State without obtaining a license under this chapter upon the following conditions:

(1) students enrolled in accredited physical therapist or physical therapist assistant educational programs, while engaged in completing a clinical requirement for graduation, which must be performed under the supervision and direction of a licensed physical therapist;

(2) physical therapists licensed in other jurisdictions while enrolled in this State in postprofessional educational programs that include the evaluation and treatment of patients as part of their experience required for credit, as long as the student's practice is limited to the scope of the educational program;

(3) physical therapists and physical therapist assistants employed in the U.S. Armed Services, U.S. Public Health Service, U.S. Department of Veterans Affairs, or by another federal agency;

(4) physical therapists or physical therapist assistants licensed or regulated in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is teaching, demonstrating, or providing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year;

(5) a physical therapist who is licensed in another jurisdiction of the United States if that person is providing distance consultation to a physical therapist licensed pursuant to this chapter;

(6) a physical therapist or physical therapist assistant licensed in another jurisdiction of the United States or credentialed in another country, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by an athletic team, an athletic organization, or a performing arts company temporarily practicing, competing, or performing in the State for no more than 60 days in a calendar year.
26 V.S.A. § 3224 — VT Code / Title 26 / Chapter 61 / Section 3224
§ 3224. Establishment of Social Work Licensure Compact Commission
Status: reserved

(a) The Compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the Compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Compact states acting jointly and not an instrumentality of any one state. The Commission shall come into existence on or after the effective date of the Compact as set forth in section 3228 of this title.

(b) Membership, voting, and meetings.

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

(2) The delegate shall be either:

(A) a current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or

(B) an administrator of the state licensing authority or their designee.

(3) The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

(4) The Commission may recommend removal or suspension of any delegate from office.

(5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

(6) Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by Commission delegates.

(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.

(8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

(c) The Commission shall have the following powers:

(1) establish the fiscal year of the Commission;

(2) establish code of conduct and conflict of interest policies;

(3) establish and amend rules and bylaws;

(4) maintain its financial records in accordance with the bylaws;

(5) meet and take such actions as are consistent with the provisions of this Compact, the Commission's rules, and the bylaws;

(6) initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;

(7) maintain and certify records and information provided to a member state as the authenticated business records of the Commission, and designate an agent to do so on the Commission's behalf;

(8) purchase and maintain insurance and bonds;

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

(10) conduct an annual financial review;

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

(12) assess and collect fees;

(13) accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

(14) lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

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

(16) establish a budget and make expenditures;

(17) borrow money;

(18) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

(19) provide and receive information from, and cooperate with, law enforcement agencies;

(20) establish and elect an executive committee, including a chair and a vice chair;

(21) determine whether a state's adopted language is materially different from the model Compact language such that the state would not qualify for participation in the Compact; and

(22) perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

(d) The executive committee.

(1) The executive committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the executive committee shall include:

(A) oversee the day-to-day activities of the administration of the Compact, including enforcement and compliance with the provisions of the Compact, its rules and bylaws, and other such duties as deemed necessary;

(B) recommend to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to Compact member states, fees charged to licensees, and other fees;

(C) ensure Compact administration services are appropriately provided, including by contract;

(D) prepare and recommend the budget;

(E) maintain financial records on behalf of the Commission;

(F) monitor Compact compliance of member states and provide compliance reports to the Commission;

(G) establish additional committees as necessary;

(H) exercise the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw; and

(I) other duties as provided in the rules or bylaws of the Commission.

(2) The executive committee shall be composed of up to 11 members.

(A) The chair and vice chair of the Commission shall be voting members of the executive committee.

(B) The Commission shall elect five voting members from the current membership of the Commission.

(C) There shall be up to four ex-officio, nonvoting members from four recognized national social work organizations.

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

(3) The Commission may remove any member of the executive committee as provided in the Commission's bylaws.

(4) The executive committee shall meet at least annually.

(A) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subdivision (f)(2) of this section.

(B) The executive committee shall give seven days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

(C) The executive committee may hold a special meeting in accordance with subdivision (f)(1)(B) of this section.

(e) The Commission shall adopt and provide to the member states an annual report.

(f) Meetings of the Commission.

(1) All meetings shall be open to the public, except that the Commission may meet in a closed, nonpublic meeting as provided in subdivision (2) of this subsection.

(A) Public notice for all meetings of the full Commission shall be given in the same manner as required under the rulemaking provisions in section 3226 of this title, except that the Commission may hold a special meeting as provided in subdivision (B) of this subdivision (f)(1).

(B) The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners, on the Commission's website, and other means as provided in the Commission's rules. The Commission's legal counsel shall certify that the Commission's need to meet qualifies as an emergency.

(2) The Commission or the executive committee or other committees of the Commission may convene in a closed, nonpublic meeting for the Commission or executive committee or other committees of the Commission to receive legal advice or to discuss:

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

(B) the employment, compensation, discipline or other matters, practices, or procedures related to specific employees;

(C) current or threatened discipline of a licensee by the Commission or by a member state's licensing authority;

(D) current, threatened, or reasonably anticipated litigation;

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

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

(G) trade secrets or commercial or financial information that is privileged or confidential;

(H) information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(I) investigative records compiled for law enforcement purposes;

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

(K) matters specifically exempted from disclosure by federal or member state law; or

(L) other matters as promulgated by the Commission by rule.

(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(g) Financing of the Commission.

(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13) of this section.

(3) The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states except by and with the authority of the member state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

(h) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

(2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at the their own expense, and provided further that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

(4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

(6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.
26 V.S.A. § 3377 — VT Code / Title 26 / Chapter 71 / Section 3377
§ 3377. Date of implementation of the Interstate Commission for occupational therapy practice and associated rules, withdrawal, and amendment
Status: in_force

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

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

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

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

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

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

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
26 V.S.A. § 3270a — VT Code / Title 26 / Chapter 65 / Section 3270a
§ 3270a. Fees
Status: in_force

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

(b) A licensee of a remote state under the Counseling Compact established in subchapter 2 of this chapter shall pay a biennial $50.00 privilege to practice fee.
26 V.S.A. § 3283 — VT Code / Title 26 / Chapter 67 / Section 3283
§ 3283. Prices to be disclosed
Status: in_force

A licensee shall disclose in a clear and conspicuous manner the range of retail prices charged for goods and services. The disclosure schedule shall be posted in each licensee's office and retail establishment in which the licensee works, and a written copy given to each client, patient, or customer prior to any sale. Disclosures shall be in the manner set forth by the Director by rule.
26 V.S.A. § 5342 — VT Code / Title 26 / Chapter 103 / Section 5342
§ 5342. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
Status: in_force

(a) The Office may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:

(1) failure to comply with this chapter;

(2) a fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Office;

(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;

(4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;

(5) failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the Office, or any federal or State law;

(6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;

(7) violation by the notary public of a rule of the Office regarding a notary public;

(8) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or

(9) committing any of the conduct set forth in 3 V.S.A. § 129a(a).

(b) If the Office denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with 3 V.S.A. chapter 25.
26 V.S.A. § 1276 — VT Code / Title 26 / Chapter 21 / Section 1276
§ 1276. Embalming fluids and compounds; sale or use; prohibition
Status: in_force

The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or of any compound containing any of these, or any poisonous alkaloid, shall be prohibited, and all brands of embalming compounds used within the State shall be tested and approved under direction of the Department of Health.
26 V.S.A. § 1444 — VT Code / Title 26 / Chapter 23 / Section 1444
§ 1444. Liability for actions of agent
Status: in_force

(a) A physician may delegate to a medical technician or other assistant or employee certain activities related to medical care and treatment that the individual is qualified to perform by training, education, experience, or a combination of these when the activities are under the control of the physician. The physician delegating the activities to the individual shall be legally liable for the individual's performance of those activities, and in this relationship, the individual shall be the physician's agent.

(b)(1) Nothing in this section shall be construed to apply to a nurse acting pursuant to chapter 28 of this title.

(2) Nothing in this section shall be construed to apply to a physician assistant acting pursuant to chapter 31 of this title. Liability for the actions or inactions of a physician assistant shall be governed by the provisions of section 1739 of this title.
26 V.S.A. § 4173 — VT Code / Title 26 / Chapter 84 / Section 4173
§ 4173. Duties of the director [Effective July 1, 2026]
Status: in_force

(a) The Director shall:

(1) provide general information to applicants for certification as certified community-based perinatal doulas;

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

(3) explain appeal procedures to certified community-based perinatal doulas and applicants;

(4) explain complaint procedures to the public;

(5) prepare and maintain a registry of certified community-based perinatal doulas;

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

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

(b) The Director, after consultation with the advisor appointees, may adopt rules in accordance with 3 V.S.A. chapter 25 as needed to perform the Director's duties under this chapter.
26 V.S.A. § 1317 — VT Code / Title 26 / Chapter 23 / Section 1317
§ 1317. Unprofessional conduct to be reported to Board
Status: in_force

(a) Required reporters. Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Board, along with supporting information and evidence, any reportable disciplinary action taken by it or its staff.

(b) Definition of reportable disciplinary action. A reportable disciplinary action is an action based on one or more of the following:

(1) Acts or omissions of a licensee that relate to the licensee's fitness or competence to practice medicine under the license held.

(2) Acts or omissions of the licensee that constitute a violation of a law or rule that relates in any way to the practice of medicine.

(3) Acts or omissions of the licensee that occur in the course of practice and result in one or more of the following:

(A) Resignation, leave of absence, termination, or nonrenewal of an employment relationship or contract. This includes a licensee's own initiation of such action following notification to the licensee by the reporter that the reporter or an affiliated entity is conducting an investigation or inquiry regarding an event that, assuming the accuracy of the information or allegation, is likely to result in reportable disciplinary action. The reporter or affiliated entity shall complete the investigation or inquiry even if the licensee initiates a resignation, leave of absence, termination, or nonrenewal, and shall make a report to the Board if the investigation results in a finding of a reportable disciplinary action. Resignations and leaves of absence that are entirely voluntary by the licensee, and terminations and nonrenewals of employment or contract by a required reporter that are not related to acts or omissions of the licensee, are not reportable disciplinary actions.

(B) Revocation, suspension, restriction, relinquishment, or nonrenewal of a right or privilege. This includes a licensee's own initiation of such action following notification to the licensee by the reporter that the reporter or an affiliated entity is conducting an investigation or inquiry regarding an event that, assuming the accuracy of the information or allegation, is likely to result in reportable disciplinary action. The reporter or affiliated entity shall complete the investigation or inquiry even if the licensee initiates a resignation, leave of absence, termination, or nonrenewal, and shall make a report to the Board if the investigation results in a finding of a reportable disciplinary action. Relinquishments of privileges that are entirely voluntary by the licensee, and revocations, nonrenewals, or other limitations on privileges by a required reporter that are not related to acts or omissions of the licensee, are not reportable disciplinary actions.

(C) Written discipline that constitutes a censure, reprimand, or admonition, if it is the second or subsequent censure, reprimand, or admonition within a 12-month period for the same or related acts or omissions that previously resulted in written censure, reprimand, or admonition. The same or related acts or omissions includes similar behavior or behavior involving the same parties, or both. Oral censure, oral reprimand, and oral admonition are not considered reportable disciplinary actions, and notation of an oral censure, oral reprimand, or oral admonition in a personnel or supervisor's file does not transform the action from oral to written.

(D) Fine or any other form of monetary penalty imposed as a form of discipline.

(E) Required education, remedial counseling, or monitoring that is imposed as a result of a completed, contested disciplinary process. This includes recommendation or referral for services from the Vermont Practitioner Recovery Network established pursuant to section 1401a of this chapter, or from an employer wellness program or similar program, as a result of a completed, contested disciplinary process.

(c) Timing of reports. A required report of reportable disciplinary action under subsection (b) of this section shall be made within 30 days following the date on which the disciplinary action was taken or upon completion of an investigation or inquiry pursuant to subdivision (b)(3)(A) or (B) of this section.

(d) Mental health services. If reportable disciplinary action is reported to the Board based on a licensee's provision of mental health services, the Commissioner of Health shall forward the report to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living. Except as provided in section 1368 of this title, information provided to the Department of Health, the Department of Mental Health, or the Department of Disabilities, Aging, and Independent Living under this section shall be confidential unless the Department of Health decides to treat the report as a complaint; in which case, the provisions of section 1318 of this title shall apply.

(e) Limitation on liability. A person who acts in good faith in accordance with the provisions of this section shall not be liable for damages in any civil action based on the fact that a report was made.

(f) Violations. A reporter who violates this section shall be subject to a civil penalty of not more than $5,000.00, provided that a reporter who employs or grants privileges to five or more Board licensees and who violates this section shall be subject to a civil penalty of not more than $10,000.00.
26 V.S.A. § 1312 — VT Code / Title 26 / Chapter 23 / Section 1312
§ 1312. Faith cure; mind healing; laying on of hands
Status: in_force

The provisions of this chapter shall apply to persons professing and attempting to cure disease by means of “faith cure,” “mind healing,” or “laying on of hands,” but shall not apply to persons who merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery.
26 V.S.A. § 121 — VT Code / Title 26 / Chapter 3 / Section 121
§ 121. Definitions
Status: in_force

As used in this chapter:

(1) “Architect” means a person who is licensed to practice architecture under this chapter.

(2) “Board” means the “Vermont Board of Architecture.”

(3) “Disciplinary action” includes any action taken against a licensee by the Board or on appeal from the Board, when that action suspends, revokes, limits, or conditions a license in any way, and includes reprimands and dismissals.

(4) “Plans” or “working drawings” mean any drawings or graphic representations or any combination of drawings or graphic representations, or reproductions thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement, or alteration of any building or project.

(5) The “practice of architecture” means providing professional services such as consultation, investigation, evaluation, planning, designing (including structural design), or responsible supervision of construction in connection with any building or structure that has as its principal purpose human occupancy or habitation.

(6) “Responsible control” means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.

(7) “Supervision” means work prepared under the regular, personal review of a licensed architect's control and as to which the architect has detailed professional knowledge.

(8) “Technical submissions” means designs, drawings, specifications, studies, and other technical reports prepared in the course of executing a portion of a construction project.
26 V.S.A. § 6026 — VT Code / Title 26 / Chapter 109 / Section 6026
§ 6026. Jurisdiction of Office
Status: in_force

(a) The Office shall have and exercise sole discretion, management, control, and supervision over all mixed martial arts events taking place within the State. No mixed martial arts event shall take place within the State except in accordance with the provisions of this subchapter and the rules adopted by the Office.

(b) Every license issued under this subchapter shall be subject to the rules adopted pursuant to this subchapter.
26 V.S.A. § 2811 — VT Code / Title 26 / Chapter 51 / Section 2811
§ 2811. Regulation of radiologic technology; Director; advisor appointees
Status: repealed

(a)(1) The Director shall administer the provisions of this chapter.

(2)(A) The Secretary of State shall appoint six persons of suitable qualifications in accordance with this section to advise the Director in matters concerning radiologic technology, radiologic safety, and the optimal administration of this chapter.

(B) The Secretary shall appoint the advisors for five-year staggered terms. Four of the initial appointments shall be for four-, three-, two-, and one-year terms.

(3) The Director shall consult the appointed advisors prior to exercising interpretive discretion, adopting or amending rules, and determining any substantial regulatory question presented in the course of administering this chapter.

(b) One advisor shall be a member of the public who has no financial interest in radiologic technology other than as a consumer or possible consumer of its services. The public member shall have no financial interest personally or through a spouse.

(c) One advisor shall be a radiologist certified by the American Board of Radiology.

(d) Three advisors shall be licensed under this chapter, one representing each of the three following primary modalities: radiography, nuclear medicine technology, and radiation therapy.

(e) One advisor shall be a representative from the radiological health program of the Vermont Department of Health.

(f) [Repealed.]
26 V.S.A. § 3174 — VT Code / Title 26 / Chapter 59 / Section 3174
§ 3174. Security guard licenses
Status: in_force

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

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

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

(3) the application fee.

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

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

(d) An application for a license may be denied upon failure of the applicant to provide information required; upon a finding that the applicant does not meet a high standard as to character, integrity, and reputation; or for unprofessional conduct defined in section 3181 of this chapter.
26 V.S.A. § 4037 — VT Code / Title 26 / Chapter 76 / Section 4037
§ 4037. Eligibility
Status: repealed

To be eligible for licensure as a marriage and family therapist, an applicant:

(1) Shall have successfully:

(A)(i) completed a graduate degree program in marriage and family therapy at an institution that is accredited by both a regional educational accrediting body and the Commission, or a post-graduate training institute that is accredited by the Commission; or

(ii) obtained a graduate degree focusing on marriage and family therapy, as defined by the Board by rule, at an institution that is accredited by a regional or national educational accrediting body recognized by the U.S. Department of Education and approved by the Board; and

(B) met specific graduate credit and course requirements for licensure as set forth by the Board by rule.

(2) [Repealed.]

(3) Shall have successfully completed a two-calendar-year work experience in marriage and family therapy under the supervision of either a licensed marriage and family therapist or licensed clinical social worker in this State or a marriage and family therapist or licensed clinical social worker in another state who would meet the license requirements. The Board may, when a qualified marriage and family therapist is not reasonably available, permit a person licensed as a clinical mental health counselor, clinical social worker, psychologist, or licensed physician certified in psychiatry by the American Board of Medical Specialties, to serve as a supervisor. Persons engaged in the work experience shall be entered on the Roster of Psychotherapists who are Nonlicensed and Noncertified and shall comply with the laws of that profession. The Board shall adopt rules establishing standards and procedures for satisfying the requirements of this subdivision.

(4) Shall have passed an examination as provided in section 4038 of this title.
26 V.S.A. § 5126 — VT Code / Title 26 / Chapter 99 / Section 5126
§ 5126. Unprofessional conduct
Status: in_force

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

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

(2) whether or not committed in this State, has been convicted of a crime related to pollution abatement or environmental compliance or a felony that evinces an unfitness to practice water treatment facility operation;

(3) is unable to practice pollution abatement facility operation competently by reason of any cause;

(4) has willfully or repeatedly violated or caused the violation of any of the provisions of this chapter, the terms of a permit, the Vermont Water Pollution Control Permit Regulations, or the Vermont Water Quality Standards;

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

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

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

(8) fails to display prominently his or her pollution abatement facility operator license in the office of a facility at which he or she performs licensed activities; or

(9) unreasonably fails to ensure proper operations of the facility.

(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a pollution abatement facility operator or facility, corporation, or municipal corporation employing such person.
26 V.S.A. § 2042a — VT Code / Title 26 / Chapter 36 / Section 2042a
§ 2042a. Pharmacy technicians; qualifications for registration
Status: in_force

(a) No person shall perform the duties of a pharmacy technician unless registered with the Board. To obtain a registration as a pharmacy technician, an applicant shall:

(1) not have engaged in acts that affect the ability of the applicant to practice as a pharmacy technician;

(2) if required by rules adopted by the Board, be certified or eligible for certification by a national pharmacy technician certification authority; and

(3) have paid the fee specified in section 2046 of this chapter.

(b) Pharmacy technicians administering immunizations shall meet the following requirements:

(1) hold a registration as a pharmacy technician in accordance with subsection (a) of this section;

(2) hold a current CPR certification;

(3) have successfully completed an Accreditation Council of Pharmacy Education–accredited training program approved by the Board; and

(4) successfully complete two hours of immunization-related continuing education approved by the Accreditation Council for Pharmacy Education every two-year licensing period.

(c) Pharmacy technicians shall only administer immunizations:

(1) to patients 18 years of age or older, as established in subdivision 2023(b)(2)(A)(vii) and the resulting State protocol;

(2) to patients five years of age or older, influenza vaccine, COVID-19 vaccine, and subsequent formulations or combination products thereof, in accordance with subdivision 2023(b)(2)(A)(viii) and the resulting State protocol;

(3) pursuant to the schedules and recommendations of the Advisory Committee on Immunization Practices' recommendations for the administration of immunizations, as those recommendations may be updated from time to time; and

(4) when a licensed pharmacist who is trained to immunize is present and able to assist with the immunization, as needed.

(d) Pharmacy technicians shall administer only those immunizations that:

(1) are recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP); and

(2) licensed pharmacists are permitted to administer under the State clinical pharmacy protocol, as established in subdivision 2023(b)(2) of this title.

(e) Pharmacy technicians performing COVID-19 tests shall do so only:

(1) when a licensed pharmacist who is trained to perform COVID-19 tests is present and able to assist with the test, as needed;

(2) in accordance with a State protocol adopted under subdivision 2023(b)(2)(A)(x) of this title; and

(3) in accordance with rules adopted by the Board.

(f) The Board may adopt rules regarding the administration of immunizations and the performance of COVID-19 tests by pharmacy technicians.
26 V.S.A. § 3175 — VT Code / Title 26 / Chapter 59 / Section 3175
§ 3175. Examinations
Status: in_force

The Director shall prepare, or have prepared, and administer separate examinations for private investigators and private security services. Each examination shall be designed to test the competency of the applicant with respect to the lawful and safe provision of each respective service to the public.
26 V.S.A. § 3372 — VT Code / Title 26 / Chapter 71 / Section 3372
§ 3372. Adverse actions
Status: in_force

(a) A home state shall have exclusive power to impose adverse action against an occupational therapist's or occupational therapy assistant's license issued by the home state.

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

(1) Take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state.

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

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

(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the Occupational Therapy Compact Commission Data System. The Occupational Therapy Compact Commission Data System administrator shall promptly notify the new home state of any adverse actions.

(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.

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

(g) Joint investigations.

(1) In addition to the authority granted to a member state by its respective state Occupational Therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

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

(h) If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's compact privilege is deactivated in all member states during the pendency of the order.

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

(j) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
26 V.S.A. § 1582 — VT Code / Title 26 / Chapter 28 / Section 1582
§ 1582. Regulatory authority; unprofessional conduct
Status: in_force

(a) The Board may deny an application for licensure, renewal, or reinstatement; revoke or suspend any license to practice issued by it; or discipline or in other ways condition the practice of an applicant or licensee upon due notice and opportunity for hearing if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:

(1) making or causing to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license;

(2) diverting or attempting to divert drugs or equipment or supplies for unauthorized use;

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

(4) willfully failing to file or record, or willfully impeding or obstructing filing or recording, or inducing another person to omit to file or record medical reports;

(5) fraudulent or deceitful submission of any information or records to the Board;

(6) leaving a nursing assignment without properly advising appropriate personnel;

(7) violating confidentiality by inappropriately revealing information or knowledge about a patient or client;

(8) knowingly aiding or abetting a health care provider who is not legally practicing within the State in the provision of health care services;

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

(10) failing to comply with the patient bill of rights provisions of 18 V.S.A. § 1852 or other statutes governing the profession;

(11) sexual misconduct that exploits the provider-patient relationship, including sexual contact with a patient, surrogates, or key third parties;

(12) abusing or neglecting a patient or misappropriating patient property;

(13) failing to report to the Board any violation of this chapter or of the Board's rules; or

(14) failing to take appropriate action to safeguard a patient from incompetent health care.

(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Board about incompetent, unprofessional, or unlawful conduct of a licensee.
26 V.S.A. § 2592 — VT Code / Title 26 / Chapter 45 / Section 2592
§ 2592. Licensure by examination
Status: in_force

(a) Any person shall be eligible for licensure as a land surveyor if the person qualifies under one of the following provisions, as established by the Board by rule:

(1) Bachelor's degree in land surveying, internship, portfolio, and examination. A person who has graduated with a bachelor's degree in land surveying from a program accredited by the Accreditation Board for Engineering and Technology (ABET), completed a 24-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license.

(2) Associate's degree in land surveying, internship, portfolio, and examination. A person who has graduated with an associate's degree in land surveying from a program accredited by the ABET, completed a 36-month internship, successfully completed a portfolio, and successfully completed the examinations required by the Board may be granted a license.

(3) Internship, portfolio, and examinations. An applicant who has completed a 72-month internship, successfully completed a portfolio, and passed the examinations required by the Board may be granted a license.

(b) License examinations may consist of a national surveying examination selected by the Board plus a Vermont portion. The Vermont portion shall be limited to those subjects and skills necessary to perform land surveying.
26 V.S.A. § 5224 — VT Code / Title 26 / Chapter 101 / Section 5224
§ 5224. Renewals
Status: in_force

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

(b) Biennially, the Director shall provide notice to each licensee of license expiration and renewal requirements. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.

(c) As a condition of renewal, the Director shall require that a licensee establish that he or she has completed continuing education, as approved by the Director, of 24 hours for each two-year renewal period.

(d) The Director may reinstate the license of an individual whose license has expired upon payment of the required fee and reinstatement penalty, provided the individual has satisfied all the requirements for renewal, including continuing education.
26 V.S.A. § 6002 — VT Code / Title 26 / Chapter 109 / Section 6002
§ 6002. Director; powers; duties
Status: in_force

(a) The Director shall have jurisdiction over professional boxing matches. The Director's power to supervise professional boxing matches includes the power to suspend a match immediately if there is a serious and immediate danger to the public, boxers, promoters, or participants.

(b)(1) Except as provided in this subsection, the Director shall not have jurisdiction over amateur boxing matches. Amateur boxing matches shall be conducted according to the rules of United States Amateur Boxing, Inc., the national governing body for amateur boxing of the U.S. Olympic Committee or its successor as the nationally designated governing body for amateur boxing. However, upon a finding that the health and safety of the boxers and participants in an amateur match are not being sufficiently safeguarded, the Director shall assume jurisdiction over and supervisory responsibility for the match. The Director's decision may be appealed to the administrative law officer appointed under 3 V.S.A. § 129 within 10 days of the date the finding is issued. If the Director assumes jurisdiction under this subsection, the match shall continue to be conducted in accordance with the rules of United States Amateur Boxing, Inc.

(2) For the purposes of this subsection, an “amateur boxing match” means a match held under the supervision of a school, college, or university or under the supervision of United States Amateur Boxing, Inc. or its successor as the nationally designated governing body for amateur boxing.

(c) The Director shall:

(1) provide information to applicants for registration;

(2) administer fees collected under this subchapter;

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

(4) receive applications for registration, grant registration under this subchapter, renew registrations, and deny, revoke, suspend, reinstate, or condition registrations as directed by an administrative law officer;

(5) refer all complaints and disciplinary matters to an administrative law officer appointed under 3 V.S.A. § 129.

(d) The Director may adopt rules necessary to perform his or her duties under this subchapter. The uniform rules of the Association of Boxing Commissions as adopted on June 6, 1998, and as amended from time to time, shall apply to professional boxing matches conducted under this subchapter to the extent those rules address matters not covered by rules adopted by the Director.
26 V.S.A. § 5402 — VT Code / Title 26 / Chapter 105 / Section 5402
§ 5402. Prohibitions
Status: in_force

(a) An individual shall not engage in or offer the practice of massage or the practice of bodywork unless the individual is registered with the Office.

(b) It shall be a violation of this chapter for any individual to engage in the practice of massage or the practice of bodywork, or to offer to engage in the practice of massage or the practice of bodywork, if the individual's registration has been suspended or revoked.

(c) An individual shall not use in connection with the individual's name any letters, words, titles, or insignia indicating or implying that the individual is offering or engaging in the practice of massage or the practice of bodywork, including the terms “massage therapist,” “bodyworker,” or “touch professional,” unless the individual holds a registration in accordance with this chapter.
26 V.S.A. § 534 — VT Code / Title 26 / Chapter 10 / Section 534
§ 534. License renewal
Status: in_force

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

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

(c) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the Board. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing education as a condition of renewal.
26 V.S.A. § 4801 — VT Code / Title 26 / Chapter 93 / Section 4801
§§ 4801-4813. Repealed. 2025, No. 58, § 11(b), eff. July 1, 2025.
Status: repealed

(Repealed by 2025, No. 58, § 11, eff. July 1, 2025.)
26 V.S.A. § 5211 — VT Code / Title 26 / Chapter 101 / Section 5211
§ 5211. Duties of the Director
Status: in_force

(a) The Director shall:

(1) provide general information to applicants for licensure as foresters;

(2) receive applications for licensure and provide licenses to applicants qualified under this chapter;

(3) provide standards and approve education programs for applicants and for the benefit of foresters who are reentering practice following a lapse of five or more years;

(4) administer fees as established by law;

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

(6) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

(7) explain appeal procedures to licensed foresters and to applicants, and complaint procedures to the public.

(b) The Director may adopt rules necessary to perform his or her duties under this section.
26 V.S.A. § 5003 — VT Code / Title 26 / Chapter 97 / Section 5003
§ 5003. 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 design degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet therein;

(2) practice design 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 design unless duly registered and 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 design or use in connection with a name any words, letters, signs, or figures that imply that a person is a licensed designer when not licensed or otherwise authorized under this chapter;

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

(6) employ an unlicensed or unauthorized person to practice as a licensed designer; or

(7) practice or employ a licensed designer to practice beyond the scope of his or her practice prescribed by rule.

(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 1646 — VT Code / Title 26 / Chapter 28 / Section 1646
§ 1646. Exemptions
Status: in_force

(a) Nothing in this subchapter shall be construed to prohibit other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.

(b) This subchapter does not prohibit the performance of nursing or nursing-related functions that are incidental to their program of study by persons enrolled in approved nursing assistant education and competency evaluation programs.

(c) Nothing in this subchapter shall be construed to conflict with the administration of medication by nonlicensees pursuant to the residential care home licensing rules adopted by the Department of Disabilities, Aging, and Independent Living.
26 V.S.A. § 5111 — VT Code / Title 26 / Chapter 99 / Section 5111
§ 5111. Duties of the Director
Status: in_force

(a) The Director shall:

(1) provide general information to applicants for licensure as pollution abatement facility operators;

(2) receive applications for licensure, administer or approve examinations and training programs, and provide licenses to applicants qualified under this chapter;

(3) administer fees as established by law;

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

(5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

(6) explain appeal procedures to licensed pollution abatement facility operators and to applicants, and complaint procedures to the public.

(b) The Director shall adopt rules necessary to perform his or her duties under this section after due consultation with the Secretary of Natural Resources. These rules may establish grades, types, classes, or subcategories of licenses corresponding to facilities of distinct types and complexity.
26 V.S.A. § 1183 — VT Code / Title 26 / Chapter 20 / Section 1183
§ 1183. License renewal
Status: repealed

(a) Licenses shall be renewed every two years without examination and on payment of the required fees. However, by rule, the Board may establish a continuing education requirement. If the Board establishes a continuing education requirement and a licensee fails to demonstrate compliance with that requirement, it may deny or condition renewal, after opportunity for hearing.

(b) Following expiration of a license, it may be reinstated upon payment of a renewal fee and a late renewal penalty. A licensee shall not be required to pay renewal fees during periods when the license was expired.

(c) [Repealed.]
26 V.S.A. § 2192 — VT Code / Title 26 / Chapter 39 / Section 2192
§ 2192. Journeyman plumbers
Status: in_force

Any person who completes an application for a journeyman plumber's license and documents apprenticeship in plumbing that includes both instruction and practice in work processes as verified by the Vermont Apprenticeship Council, or equivalent training and experience in or out of this 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 examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a journeyman plumber's license in the form of a wallet-sized card. The license shall be carried by the journeyman at all times while performing the licensee's trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee. (1959, No. 215, § 10, eff. June 2, 1959; amended 1969, No. 84, § 4, eff. April 18, 1969; 1971, No. 6, § 2, eff. Feb. 17, 1971; amended 1991, No. 234 (Adj. Sess.), § 10; 1993, No. 176 (Adj. Sess.), § 12.)
26 V.S.A. § 3275g — VT Code / Title 26 / Chapter 65 / Section 3275g
§ 3275g. Compact privilege to practice telehealth
Status: in_force

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with section 3275c of this title and under rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.

(b) A Licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
26 V.S.A. § 5225 — VT Code / Title 26 / Chapter 101 / Section 5225
§ 5225. License and renewal fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b).
26 V.S.A. § 2296 — VT Code / Title 26 / Chapter 41 / Section 2296
§ 2296. Unprofessional conduct
Status: in_force

In addition to the conduct set forth in 3 V.S.A. § 129a, the following conduct by those regulated under this chapter constitutes unprofessional conduct:

(1) commingling money or other property to which the licensee's clients or other persons are entitled with the licensee's own, except to the extent nominal sums of the licensee's funds may be required to maintain an open trust account;

(2) failing to inform clients, establish trust and escrow accounts, maintain records, and otherwise act in accordance with the provisions of section 2214 of this chapter with respect to all monies received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;

(3) failing promptly to segregate any properties received that are to be held for the benefit of others;

(4) failing to fully disclose to a buyer all material facts within the licensee's knowledge concerning the property being sold;

(5) failing to fully disclose to a buyer the existence of an agency relationship between the licensee and the seller.
26 V.S.A. § 3024 — VT Code / Title 26 / Chapter 55 / Section 3024
§ 3024. Home State licensure
Status: in_force

(a) The Home State shall be a Compact state where a psychologist is licensed to practice psychology.

(b) A psychologist may hold one or more Compact state licenses at a time. If the psychologist is licensed in more than one Compact state, the Home State is the Compact state where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

(c) Any Compact state may require a psychologist not previously licensed in a Compact state to obtain and retain a license to be authorized to practice in the Compact state under the circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

(d) Any Compact state may require a psychologist to obtain and retain a license to be authorized to practice in a Compact state under circumstances not authorized by the Temporary Authorization to Practice under the terms of this Compact.

(e) A Home State's license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact state:

(1) currently requires the psychologist to hold an active E.Passport;

(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and

(5) complies with the bylaws and rules of the Commission.

(f) A Home State's license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact state:

(1) currently requires the psychologist to hold an active IPC;

(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) requires an identity history summary of applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and

(5) complies with the bylaws and rules of the Commission.
26 V.S.A. § 1573 — VT Code / Title 26 / Chapter 28 / Section 1573
§ 1573. Vermont State Board of Nursing
Status: repealed

(a) There is hereby created the Vermont State Board of Nursing consisting of six registered nurses, including at least two licensed as advanced practice registered nurses, two practical nurses, one nursing assistant, and two public members. Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

(b) Appointments of registered and licensed practical nurse members shall be made in a manner designed to be representative of the various types of nursing education programs and nursing services.

(c) Each member of the Board shall be a resident of this State.

(1) The licensed members shall have the following in their respective categories of licensure:

(A) An active license to practice in Vermont.

(B) At least five years' licensed experience. Three of these five years shall have been immediately preceding appointment.

(2) The public members shall not be members of any other health-related licensing boards, licensees of any health-occupation boards, or employees of any health agencies or facilities, and shall not derive primary livelihood from the provision of health services at any level of responsibility.

(d) [Repealed.]
26 V.S.A. § 3325 — VT Code / Title 26 / Chapter 69 / Section 3325
§ 3325. Reporting
Status: in_force

An appraiser who reports to the Director appraisal work that does not comply with the provisions of this chapter shall not be considered to have violated the ethics provision of the uniform standards of professional practice.
26 V.S.A. § 5002 — VT Code / Title 26 / Chapter 97 / Section 5002
§ 5002. Definitions
Status: in_force

As used in this chapter:

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

(2) “License” means a current authorization granted by the Director permitting the practice of potable water supply or wastewater system design.

(3) “Potable water supply or wastewater system designer” or “designer” means a person who is licensed under this chapter to engage in the practice of potable water supply or wastewater system design.

(4) “Practice of potable water supply or wastewater system design” or “design” means planning the physical and operational characteristics of a potable water supply or wastewater system that requires a permit or designer's certification or license under the laws of this State.
26 V.S.A. § 1353 — VT Code / Title 26 / Chapter 23 / Section 1353
§ 1353. Powers and duties of the Board
Status: in_force

The Board shall have the following powers and duties to:

(1) License and certify health professionals pursuant to this title.

(2) Investigate all complaints and charges of unprofessional conduct against any holder of a license or certificate, or any medical practitioner practicing pursuant to section 1313 of this title, and to hold hearings to determine whether such charges are substantiated or unsubstantiated. The Board may employ or contract with one or more hearing officers to schedule, oversee prehearing processes, preside over hearings, and assist with the preparation of reports and decisions.

(3) Issue subpoenas and administer oaths in connection with any investigations, hearings, or disciplinary proceedings held under this chapter. Any individual or entity served with a subpoena issued by the Board shall comply notwithstanding the patient's privilege established in 12 V.S.A. § 1612.

(4) Take or cause depositions to be taken as needed in any investigation, hearing, or proceeding.

(5) Undertake any such other actions and procedures specified in, or required or appropriate to carry out, the provisions of this chapter and chapters 7, 29, 31, and 52 of this title.

(6) Require a licensee or applicant to submit to a mental or physical examination, and an evaluation of medical knowledge and skill by individuals or entities designated by the Board if the Board has a reasonable basis to believe a licensee or applicant may be incompetent or unable to practice medicine with reasonable skill and safety. The results of the examination or evaluation shall be admissible in any hearing before the Board. The results of an examination or evaluation obtained under this subsection and any information directly or indirectly derived from such examination or evaluation shall not be used for any purpose, including impeachment or cross-examination against the licensee or applicant in any criminal or civil case, except a prosecution for perjury or giving a false statement. The Board shall bear the cost of any examination or evaluation ordered and conducted pursuant to this subdivision in whole or in part if the licensee demonstrates financial hardship or other good cause. The licensee or applicant, at his or her expense, shall have the right to present the results or reports of independent examinations and evaluations for the Board's due consideration. An order by the Board that a licensee or applicant submit to an examination, test, or evaluation shall be treated as a discovery order for the purposes of enforcement under 3 V.S.A. §§ 809a and 809b. The results of an examination or evaluation obtained under this subdivision shall be confidential except as provided in this subdivision.

(7) Investigate all complaints of illegal practice of medicine and refer any substantiated illegal practice of medicine to the Office of the Attorney General or the State's Attorney in the county in which the violation occurred.

(8)(A) Inquire into the criminal history backgrounds of applicants for licensure and for biennial license renewal for all professionals licensed or certified by the Board. In obtaining these background checks, the Board may inquire directly of the Vermont Crime Information Center, the Federal Bureau of Investigation, the National Crime Information Center, or other holders of official criminal record information, and may arrange for these inquiries to be made by a commercial service.

(B) Prior to acting on an initial or renewal application, the Board may obtain with respect to the applicant a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation. Federal Bureau of Investigation background checks shall be fingerprint-supported, and fingerprints so obtained may be retained on file and used to notify the Board of future triggering events. Each applicant shall consent to the release of criminal history records to the Board on forms developed by the Vermont Crime Information Center.

(C) An applicant or licensee shall bear any cost of obtaining a required criminal history background check.

(D) The Board shall comply with all laws regulating the release of criminal history records and the protection of individual privacy.

(E) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this chapter. As used in this subdivision, “criminal history record” has the same meaning as in 20 V.S.A. § 2056a.

(9) Inquire, at the Board's discretion, of the Vermont Department for Children and Families or of the Vermont Department of Disabilities, Aging, and Independent Living to determine whether any applicant, licensee, or holder of certification who may provide care or treatment to a child or a vulnerable adult is listed on the Child Protection Registry or the vulnerable adult abuse, neglect, and exploitation registry.

(10) As part of the license application or renewal process, collect data necessary to allow for workforce strategic planning required under 18 V.S.A. chapter 222.

(11) During a declared state of emergency:

(A) The Board or the Executive Director of the Board may issue a temporary license to an individual who is currently licensed to practice as a physician, physician assistant, or podiatrist in another jurisdiction, whose license is in good standing, and who is not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, provided the licensee remains in good standing, and may be reissued by the Board if the declared state of emergency continues longer than 90 days. Fees shall be waived when a license is required to provide services under this subdivision (A).

(B) The Board or the Executive Director of the Board may waive supervision and scope of practice requirements for physician assistants, including the requirement for documentation of the relationship between a physician assistant and a physician pursuant to section 1735a of this title. The Board or Executive Director may impose limitations or conditions when granting a waiver under this subdivision (B).

(12) Provide a pre-application determination of an individual's criminal background. This determination shall not be binding on the Board in a future application if the individual violates probation or parole or is convicted of another crime following the determination.

(A) The Board shall initiate this determination upon an individual's “second chance” determination request. This request shall provide documentation related to the individual's conviction or convictions, evidence of rehabilitation, and identification of the profession or professions for which the individual seeks licensure.

(B) The individual shall submit this request online, accompanied by the fee for pre-application determinations set forth in section 1401a of this chapter. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.

(C) The Board shall:

(i) process a request within 30 days of receiving a complete request;

(ii) assess the nature of the underlying conviction or convictions, the nexus to the profession or professions for which the individual seeks licensure, and the provided evidence of rehabilitation; and

(iii) respond to the individual's request in writing.

(13)(A) Establish uniform procedures applicable to all of the professions under its jurisdiction, providing for:

(i) appropriate recognition of education, training, or service completed by a member of the U.S. Armed Forces toward the requirements of professional licensure;

(ii) expedited issuance of a professional license to a person who is licensed in good standing in another regulatory jurisdiction:

(I) whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and

(II) who left employment to accompany his or her spouse to Vermont.

(B) The Board may evaluate specific military credentials to determine equivalency to credentials within the Board's jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board's website.

(14)(A) Adopt rules that prescribe a process for the Board to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for those professions within the Board's jurisdiction.

(B) Any determination of equivalence by the Board under this subdivision (14) shall be recorded in the applicant's licensing file.

(C) In administering this section, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(15)(A) Not less than once every five years, review the continuing education and other continuing competency requirements for each of the professions it regulates. The review results shall be in writing and address the following:

(i) the renewal requirements of the profession;

(ii) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(iii) the cost of the renewal requirements for the profession's licensees;

(iv) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(v) recommendations to the Commissioner of Health on whether the continuing education or other continuing competency requirements should be modified.

(B) The Commissioner of Health shall respond to the Board within 45 days of its submitted review results. The Commissioner may require the Board to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.
26 V.S.A. § 1313 — VT Code / Title 26 / Chapter 23 / Section 1313
§ 1313. Exemptions
Status: in_force

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

(1) A health care professional licensed or certified by the Office of Professional Regulation when that person is practicing within the scope of his or her profession.

(2) A member of the U.S. Armed Forces or National Guard carrying out official military duties, including a National Guard member in state active duty status, or to any person giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a regularly licensed physician.

(3) A nonresident physician coming into this State to consult or using telecommunications to consult with a duly licensed practitioner herein.

(4) A duly licensed physician in another state, in Canada, or in another nation as approved by the Board, who is visiting a medical school or a teaching hospital in this State to receive or conduct medical instruction for a period not to exceed three months, provided the practice is limited to that instruction and is under the supervision of a physician licensed by the Board.

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

(6) A student who is enrolled in an accredited educational program that leads to the issuance of a degree that would satisfy the educational requirement for a profession licensed or certified by the Board, who is engaged in an organized clinical training program, and who engages in acts constituting the practice of medicine while under the supervision of a Vermont-licensed or Vermont-certified health care professional who is qualified to supervise any acts by the student that constitute the practice of medicine. This exemption does not apply to postgraduate trainees who are required to obtain a training license.

(b) The provisions of sections 1311 and 1312 of this title shall not apply to a person, firm, or corporation that manufactures or sells patent, compound, or proprietary medicines that are compounded according to the prescription of a physician who has been duly authorized to practice medicine, or to the domestic administration of family remedies.
26 V.S.A. § 2292 — VT Code / Title 26 / Chapter 41 / Section 2292
§ 2292. Eligibility
Status: in_force

(a) A license as a real estate broker shall be granted to a person who satisfies all of the following:

(1) has passed an examination as required by the Commission;

(2) has gained at least two years' experience satisfactory to the Commission as a licensed salesperson, including at least eight separate and unrelated closed transactions;

(3) has completed a course of instruction of at least 40 hours, approved by the Commission.

(b) A license as a real estate salesperson shall be granted to a person who satisfies all of the following:

(1) has passed an examination as required by the Commission;

(2) is at least 18 years of age;

(3) has been employed by or become associated with a brokerage firm and that firm's principal broker; and

(4) has completed a course of instruction, approved by the Commission, of at least 40 hours.

(c) The Commission may waive all or a part of the examination requirement if the applicant is a real estate broker or salesperson regulated under the laws of another jurisdiction, who is in good standing to practice in that jurisdiction and, in the opinion of the Commission, the jurisdiction's examination is substantially equal to that required by this chapter.
26 V.S.A. § 5001 — VT Code / Title 26 / Chapter 97 / Section 5001
§ 5001. Purpose and effect
Status: in_force

In order to safeguard the life and health of the people of this State, a person, other than a professional engineer exempted under this chapter, shall not design a potable water supply or wastewater system that requires a permit or designer's certification or license under the laws of this State unless currently licensed under this chapter.
26 V.S.A. § 5608 — VT Code / Title 26 / Chapter 107 / Section 5608
§ 5608. Records and reports
Status: in_force

(a) Each licensee shall keep accurate records and file a report with the Department and the owner of each water well constructed by the licensee that includes the name of the owner; the well and property location; well depth; character of rocks, earth formations, and fluids encountered; and other reasonable and appropriate information the Department may require. Required information shall be set forth in rules established by the Director in collaboration with the Department.

(b) The reports required to be filed under subsection (a) of this section shall be on forms provided by the Department and submitted in accordance with rules adopted under this chapter, which shall include the following requirements:

(1) Each licensee classified as a water well driller shall submit a well completion report within 90 days after completing the construction of a water well.

(2) Each licensee classified as a monitoring well driller shall submit a monitoring well completion or closure report or Department-approved equivalent within 90 days after completing the construction or closure of a monitoring well. Reporting on the construction of a monitoring well shall be limited to information obtained at the time of construction and need not include the work products of others. The filing of a monitoring well completion or closure report shall be delayed for one or more six-month periods from the date of construction upon the filing of a request form provided by the Department that is signed by both the licensee and well owner.

(c) No report shall be required to be filed with the Department if the well is hand driven or is dug by use of a hand auger or other manual means.

(d) A licensee drilling or developing a new water well for use as a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), shall provide to the owner of the property to be served by the groundwater source informational materials developed by the Department of Health regarding:

(1) the potential health effects of the consumption of contaminated groundwater; and

(2) recommended tests to detect specific contaminants, such as arsenic, lead, uranium, gross alpha radiation, total coliform bacteria, total nitrate, or nitrite, fluoride, and manganese.
26 V.S.A. § 1577 — VT Code / Title 26 / Chapter 28 / Section 1577
§ 1577. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 3221 — VT Code / Title 26 / Chapter 61 / Section 3221
§ 3221. Reissuance of a multistate license by a new home state
Status: in_force

(a) A licensee can hold a multistate license, issued by their home state, in only one member state at any given time.

(b) If a licensee changes their home state by moving between two member states:

(1) The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the Commission.

(2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the Compact and the rules of the Commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the Commission.

(3) Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.

(4) If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

(5) Notwithstanding any other provision of this Compact, if a licensee does not meet the requirements set forth in this Compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single state license in that state.

(c) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in the new home 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 and only one multistate license.

(e) Nothing in this Compact shall interfere with the requirements established by a member state for the issuance of a single state license.
26 V.S.A. § 1181a — VT Code / Title 26 / Chapter 20 / Section 1181a
§ 1181a. Engineer interns
Status: in_force

(a) An engineer intern certification shall be issued by the Board to recognize those persons who have completed preliminary steps toward becoming licensed as a professional engineer. Engineer interns are not authorized to practice professional engineering.

(b) The minimum qualifications for certification by the Board as an engineer intern are as follows:

(1) a bachelor's degree in engineering or in engineering technology or six years or more of progressive engineering experience of a grade and character acceptable to the Board; and

(2) a passing score set by Board rule on a fundamentals of engineering examination recognized by Board rule and taken in the State of Vermont.

(c) Upon satisfaction of the minimum qualifications set forth in subsection (b) of this section, the Board shall issue a certificate as an engineer intern. The certificate shall have no expiration date and no renewal fees.

(d) The use of the titles “Engineer Intern” and “E.I.” in Vermont is restricted to those persons certified as engineer interns by the Board or by an equivalent board in another state. An engineer intern certified by an equivalent board in another state shall be recognized as an engineer intern by the Board without further application or examination.
26 V.S.A. § 1585 — VT Code / Title 26 / Chapter 28 / Section 1585
§ 1585. Professional corporations; registered or licensed practical nursing
Status: in_force

A person licensed to practice registered or licensed practical nursing under this chapter may own shares in a professional corporation created under 11 V.S.A. chapter 4 that provides professional services in the medical and nursing professions.
26 V.S.A. § 1719 — VT Code / Title 26 / Chapter 30 / Section 1719
§ 1719. Unprofessional conduct
Status: repealed

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether committed by a licensee, an applicant, or a person who later becomes an applicant.

(b) Unprofessional conduct means:

(1) Conduct that evidences moral unfitness to practice the occupation.

(2) 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) Performing treatments or providing services that a licensee is not qualified to perform or that are beyond the scope of the licensee's education, training, capabilities, experience, or scope of practice.

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

(3) Any of the following with regard to the buyer's prescription or purchase of ophthalmic goods:

(A) [Repealed.]

(B) Conditioning the availability of an eye examination to any person on a requirement that person agree to purchase any ophthalmic goods from the optometrists.

(C) Charging the buyer any fee in addition to the optometrist's examination fee as a condition to releasing the prescription to the buyer. Provided, an optometrist may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed.

(D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer a form or notice waiving or disclaiming the liability or responsibility of the optometrist for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic goods or services to be dispensed by another seller.

(E) Failure to comply with prescription-released requirements established in the Federal Ophthalmic Practice Rule (16 C.F.R. Part 456) or the Fairness to Contact Lens Consumers Act (15 U.S.C.A. § 7601-7610).

(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.
26 V.S.A. § 5401 — VT Code / Title 26 / Chapter 105 / Section 5401
§ 5401. Definitions
Status: in_force

As used in this chapter:

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

(2)(A) “Establishment” means any place of business that:

(i) offers the practice of massage or the practice of bodywork or where the practice of massage or the practice of bodywork is conducted on the premises of the business; or

(ii) represents itself to the public by any title or description of services incorporating the words “touch professional,” “bodywork,” “massage,” “massage therapy,” “massage therapist,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” “energy work,” or other words identified by the Director in rules.

(B) A “place of business” includes any office, clinic, facility, salon, spa, or other location not otherwise exempted under section 5404 of this chapter where a person or persons engage in the practice of massage or the practice of bodywork.

(3) “Practice of massage” and “practice of bodywork” mean offering or engaging in massage or bodywork in exchange for consideration.

(4)(A) “Massage” and “Bodywork” mean systems of structured touch that are:

(i)(I) applied to the superficial, soft or deep tissue, muscle, or connective tissue of another person by manual means, including friction, gliding, rocking, tapping, kneading, and nonspecific stretching; or

(II) designed to affect the energy fields of the body for the purpose of promoting and maintaining health and well-being; and

(ii) provided to clients in a manner in which the clients have a reasonable expectation of privacy.

(B) Massage and bodywork may include the use of therapies such as heliotherapy or hydrotherapy; the use of moist, hot, and cold external applications; and the use of oils or other lubricants.

(C) Neither massage nor bodywork include the diagnosis of illness, disease, impairment, or disability.

(5) “Massage therapist, bodyworker, or touch professional” means a person who holds a registration from the Office to practice massage or practice bodywork or both.
26 V.S.A. § 2042 — VT Code / Title 26 / Chapter 36 / Section 2042
§ 2042. Qualifications for licensure
Status: in_force

(a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:

(1) have attained the age of majority;

(2) have graduated and received the professional undergraduate degree from a school or college of pharmacy that has been approved by the Board of Pharmacy, or, for foreign-trained applicants, have successfully passed an examination demonstrating that their education was equivalent to the education at a Board-approved school or college;

(3) if required by subdivision 2032(b)(3) of this title, have completed any internship program established by the Board or demonstrated experience in the practice of pharmacy that meets or exceeds any internship requirement established under this chapter;

(4) have successfully passed an examination required by the Board of Pharmacy;

(5) paid the fees specified by this chapter.

(b) The Board may license by endorsement an applicant who is licensed under the laws of another state whose requirements the Board deems to be substantially equal to those of this State.

(c) Licensing standards promulgated by the Board and its procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant's qualifications to practice pharmacy. They shall not be designed or implemented for the purpose of limiting the number of licensees.

(d) If a licensee has a principal place of business, the license shall be prominently displayed at that place.
26 V.S.A. § 1831 — VT Code / Title 26 / Chapter 33 / Section 1831
§ 1831. Qualifications for licensure
Status: in_force

(a) To be eligible for licensure as an osteopathic physician, an applicant shall have attained the age of majority and shall provide evidence, acceptable to the Board, that he or she has satisfactorily completed all of the following:

(1) A course of study in osteopathic education from an accredited school or college of osteopathic medicine as evidenced by a graduation certificate.

(2) Documentation of no less than one year of an approved program of postgraduate training.

(b) In addition to the requirements of subsection (a) of this section, an applicant shall pass the Comprehensive Osteopathic Medical Licensing Examination — USA (COMLEX) or the U.S. Medical Licensing Examination (USMLE) or their successor or equivalent examinations approved by the Board unless the applicant is exempt from all or a part of the examination under the provisions of section 1832 or 1832a of this title.

(c) In addition to the requirements of this section, an applicant shall present evidence of good character and competence relating to his or her fitness to practice osteopathic medicine from the chief of service and two other active physician staff members at the hospital or institution where the applicant was last affiliated, if the applicant has been affiliated with a hospital or institution. The Board may seek evidence relating to the character and competence of the applicant from other sources. At the discretion of the Board, the applicant may present evidence relating to character and competence from different sources.
26 V.S.A. § 285 — VT Code / Title 26 / Chapter 6 / Section 285
§ 285. Licenses from other jurisdictions
Status: in_force

Without requiring an examination, the Director shall issue an appropriate license to a person who is licensed or certified in good standing under the laws of another jurisdiction with requirements:

(1) substantially equal to those of this State; or

(2) materially less rigorous than those of this State, if the person has had 1,500 documented hours of practice in not less than one year.
26 V.S.A. § 2194 — VT Code / Title 26 / Chapter 39 / Section 2194
§ 2194. Examinations not required; temporary licenses
Status: in_force

(a) Generally.

(1) Reciprocity.

(A) Appropriate licenses without examination may be issued to a person to whom a master plumber's license or a journeyman plumber's license or a specialty license or equivalent has been previously issued by another state or municipality upon the payment of the required fee if:

(i) that state or municipality maintained a standard of requirements equivalent to those of this State; and

(ii) the applicant presents satisfactory proof to the Board that he or she is a bona fide licensee.

(B) An applicant under this subdivision (1) shall be exempt from examination only if the applicant holds a license from a foreign state or municipality and if under the laws or regulations of the foreign state or municipality issuing the license a like exemption or reciprocal agreement, or both, is granted to licensees under the laws of this State.

(2) Uniform process for endorsement from other states.

(A) The Board shall issue licenses for master plumbers and journeyman plumbers and specialists who have been licensed in good standing in another jurisdiction within the United States for at least three years, regardless of whether that jurisdiction meets the reciprocity requirements of subdivision (1) of this subsection.

(B) If the Board determines that three years of demonstrated practice in another specific jurisdiction is not adequately protective of the public, it shall provide its rationale to the Commissioner, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement for that jurisdiction.

(C) The Commissioner may issue to an endorsement applicant a waiver of the practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

(b) Service members and veterans. Except as otherwise provided by law, a journeyman's license shall be issued without examination and upon payment of the required fee to an applicant who is a service member or veteran who:

(1) submits a complete application and any documentation required by the Board;

(2) has received designation by the U.S. Armed Forces as a 12K Plumber or equivalent; and

(3) has completed a minimum of 8,000 hours and four years of active duty field work as a 12K Plumber or equivalent.

(c) Definitions. As used in this section:

(1) “Service member” means an individual who is an active member of:

(A) the U.S. Armed Forces;

(B) a reserve component of the U.S. Armed Forces;

(C) the U.S. Coast Guard; or

(D) the National Guard of any state.

(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure.
26 V.S.A. § 1616 — VT Code / Title 26 / Chapter 28 / Section 1616
§ 1616. Nurse practitioner and nurse midwife signature authority
Status: in_force

Whenever any provision of Vermont statute or rule or any form provided to any person in this State requires a signature, certification, stamp, verification, affidavit, or other endorsement by a physician, such statute, rule, or form shall be deemed to include a signature, certification, stamp, verification, affidavit, or other endorsement by an advanced practice registered nurse (APRN) licensed pursuant to this chapter and certified as a nurse practitioner or a nurse midwife; provided, however, that nothing in this section shall be construed to expand the scope of practice of APRNs.
26 V.S.A. § 1750 — VT Code / Title 26 / Chapter 33 / Section 1750
§ 1750. Definitions
Status: in_force

As used in this chapter:

(1) “Approved hospital” means a hospital approved by the American Osteopathic Association (AOA) or Accreditation Council for Graduate Medical Education (ACGME).

(2) “Approved program” means a one-year internship or postgraduate program approved by the AOA or the ACGME.

(3) “Accredited school or college of osteopathic medicine” means a school approved by the AOA or by the Board according to its rules.

(4) “Board” means the Board of Osteopathic Physicians and Surgeons created under section 1791 of this title.

(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 obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license, and issuing warnings.

(6) “Medical director” means, for purposes of this chapter, an osteopathic physician who is board-certified or board-eligible in his or her field of specialty, as determined by the AOA or 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.

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

(8) “Member” means any individual who has entered into a contract with a health maintenance organization for the provision of health care services, or on whose behalf such an arrangement has been made, as well as the individual's dependents covered by the contract.

(9) “Osteopathic physician” means a person licensed under this chapter to practice osteopathic medicine.

(10) “Practice of osteopathic medicine” means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition, which practice is based in part upon educational standards and requirements that emphasize the importance of the neuromusculoskeletal structure and manipulative treatment in the maintenance and restoration of health.
26 V.S.A. § 6007 — VT Code / Title 26 / Chapter 109 / Section 6007
§ 6007. Matches; medical suspensions
Status: in_force

Medical suspensions of professional boxers shall be determined by following the guidelines issued by the Association of Boxing Commissions as adopted and as may be amended from time to time. A boxer may be suspended for a recent knockout, a series of losses, a required medical procedure, a health care provider's denial of certification, the failure of a drug test, or for other reasons outlined in this subchapter or rules adopted under this subchapter.
26 V.S.A. § 282 — VT Code / Title 26 / Chapter 6 / Section 282
§ 282. Shop; license
Status: in_force

(a) A shop shall not be granted a license unless the shop complies with the rules of the Director and has a designated licensee responsible for overall cleanliness, sanitation, and safety of the shop.

(b) The practices of barbering, cosmetology, esthetics, or manicuring shall be permitted only in shops licensed by the Director, except as provided in sections 273 and 281 of this chapter and the rules of the Director.
26 V.S.A. § 4508 — VT Code / Title 26 / Chapter 87 / Section 4508
§ 4508. Establishment of the Audiology and Speech-Language Pathology Compact Commission
Status: in_force

(a) The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission:

(1) The Commission is an instrumentality of the Compact states.

(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings.

(1) Each member state shall have two delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.

(2) An additional five delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at large.

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

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

(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

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

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

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

(1) Establish the fiscal year of the Commission.

(2) Establish bylaws.

(3) Establish a code of ethics.

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

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

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

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

(8) Purchase and maintain insurance and bonds.

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

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

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

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

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

(14) Establish a budget and make expenditures.

(15) Borrow money.

(16) Appoint committees, including standing committees composed of members and other interested persons as may be designated in this Compact and the bylaws.

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

(18) Establish and elect the Executive Committee.

(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.

(d) The Executive Committee. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The Executive Committee shall be composed of 10 members:

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

(2) two ex-officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and

(3) one ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.

(e) The ex-officio members shall be selected by their respective organizations.

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

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

(3) The Executive Committee shall have the following duties and responsibilities:

(A) recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, and fees paid by Compact member states, such as annual dues and any commission Compact fee charged to licensees for the compact privilege;

(B) ensure Compact administration services are appropriately provided, contractual or otherwise;

(C) prepare and recommend the budget;

(D) maintain financial records on behalf of the Commission;

(E) monitor Compact compliance of member states and provide compliance reports to the Commission;

(F) establish additional committees as necessary; and

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

(4) Meetings of the Commission. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 4510 of this subchapter.

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

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

(B) the employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;

(C) current, threatened, or reasonably anticipated litigation;

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

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

(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(H) disclosure of investigative records compiled for law enforcement purposes;

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

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

(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(7) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(8) Financing of the Commission.

(A) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(B) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

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

(9) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(10) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(f) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any person from suit or liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining the person's own counsel, and provided further that the actual or alleged act, error, or omission did not result from that person's intentional, willful, or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.
26 V.S.A. § 201 — VT Code / Title 26 / Chapter 3 / Section 201
§ 201. Qualifications
Status: in_force

(a) To qualify for licensure as an architect in this State, an applicant shall have attained the age of majority and shall have graduated from an approved four-year high school course or must have equivalent training. Additionally, an applicant shall have had:

(1) Satisfactory training in a school or college of architecture approved by the Board, with graduation therefrom as evidenced by a diploma setting forth a satisfactory degree in an accredited architectural program, and three years of practical architectural experience under the supervision of a practicing architect or architects who have been licensed for more than three years; or

(2) A total of nine years of diversified practical architectural experience under the supervision of a practicing architect or architects who have been licensed for more than three years. Credits from an accredited postsecondary educational institution may be substituted for up to four years of the experience requirement; or

(3) Training equivalent to that required herein.

(b) An applicant shall pass written examinations under a syllabus selected or prepared by the Board, in such technical and professional subjects as may be prescribed by the Board. Examinations may be taken before the applicant completes the experience requirements established by this chapter, provided that the applicant has completed all but the final year of required practical experience. Notification of the results of such examinations shall be mailed to each candidate within 30 days of the date the results are received by the Board. A candidate failing to pass the examinations may apply for re-examination and may sit for any regularly scheduled examination as many times as the candidate chooses to do so. If an applicant does not pass the entire examination, the applicant shall not be required to retake any section of an examination that the applicant previously passed.

(c) Upon application for licensure, the applicant shall file a report to the Board certifying the practical experience requirements completed. The supervisor shall certify that to the best of the supervisor's knowledge, the report is correct.

(d) The Board may conduct a personal interview of an applicant. A personal interview shall be for the limited purposes of assisting the applicant to obtain licensure and to verify the applicant's educational qualifications and that the applicant completed the practical architectural experience requirements for licensure. A personal interview shall not serve directly or indirectly as an oral examination of the applicant's substantive knowledge of architecture. An interview conducted under this section shall be taped and, at the request of the applicant, shall be transcribed. An applicant who is denied licensure shall be informed in writing of his or her right to have the interview transcribed free of charge. At least one of the public members of the Board shall be present at any personal interview.

(e) When the Board intends to deny an application for licensure, the Director of the Office of Professional Regulation shall send the applicant written notice of preliminary decision by certified mail, return receipt requested. The notice shall include a specific statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the Board for review of its preliminary action. In cases where denial is based upon failure to pass the examination, the applicant may request and shall receive, within 30 days from the date of receipt of the request, further and more specific information on the content of questions which were answered incorrectly, and as to what the correct answers should have been. Such information shall be provided in the manner prescribed by the testing service. At the hearing to review the preliminary decision, which, if the applicant chooses, may not take place until the Board has responded to inquiries about the questions and answers, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the Board shall affirm or reverse the preliminary denial. The applicant may appeal a final denial by the Board to the appeals panel.

(f) The Board may establish by rule intern development program training requirements for the purpose of providing a structured transition between formal education and architectural licensure. Completion of the program shall be a condition of eligibility for licensure under this chapter.
26 V.S.A. § 5367 — VT Code / Title 26 / Chapter 103 / Section 5367
§ 5367. Certificate of notarial act
Status: in_force

(a) A notarial act shall be evidenced by a certificate. The certificate shall:

(1) be executed contemporaneously with the performance of the notarial act;

(2) be signed and dated by the notary public and be signed in the same manner as on file with the Office;

(3) identify the jurisdiction in which the notarial act is performed;

(4) contain the title of office of the notary public; and

(5) indicate the date of expiration of the officer's commission.

(b)(1) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate or, in the alternative, the notary shall clearly print or type the notary public's name and commission number on the certificate.

(2) If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subdivisions (a)(2)-(4) of this section, an official stamp may be attached to or logically associated with the certificate.

(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and:

(1) is in a short form as set forth in section 5368 of this chapter;

(2) is in a form otherwise permitted by the law of this State;

(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or

(4) sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 5362-5364 of this chapter or a law of this State other than this chapter.

(d) By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 5363-5365 of this chapter.

(e) A notary public shall not affix the notary public's signature to, or logically associate it with, a certificate until the notarial act has been performed.

(f)(1) If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record.

(2) If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.

(3) If the Office has established standards by rule pursuant to section 5323 of this chapter for attaching, affixing, or logically associating the certificate, the process shall conform to those standards.
26 V.S.A. § 4185 — VT Code / Title 26 / Chapter 85 / Section 4185
§ 4185. Director; duties
Status: in_force

(a) The Director shall:

(1) provide general information to applicants for licensure as midwives;

(2) explain appeal procedures to licensed midwives 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; and

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

(b)(1) The Director shall adopt general rules necessary to perform his or her duties under this chapter, maintain and make available a list of approved programs for continuing education and, by January 1, 2001, in consultation with the Commissioner of Health, the Vermont Medical Society, and the Vermont chapter of the American College of Nurse-Midwives, adopt specific rules defining the scope and practice standards, including risk-assessment criteria, based at a minimum, on the practice standards of the Midwives Alliance of North America (MANA), and defining a protocol and formulary for drug use by licensed midwives, including anti-hemorrhagic drugs and oxygen.

(2)(A) Once initially established by rule, the formulary for medication use by licensed midwives, including anti-hemorrhagic agents and oxygen, shall be updated by the Director as necessary, subject to the approval of the Commissioner of Health and notwithstanding the provisions of 3 V.S.A. chapter 25.

(B) The Director shall update the protocol and formulary in consultation with the Commissioner of Health or designee, the Vermont Midwives Association, the Vermont Medical Society, and the Vermont chapter of the American College of Nurse-Midwives to ensure licensed midwives have available those medications deemed necessary to maintain best practice standards and deemed necessary for licensed midwives to provide prenatal and postpartum care consistent with accepted and prevailing standards of care for mothers and their babies.

(c)(1) The Director shall appoint an advisory committee to study and report to the Director and to the Commissioner of Health on matters relating to midwifery, including recommendations if necessary for revisions to the administrative rules. The Committee shall focus on improving communication and collaboration among birth providers.

(2) The Committee shall be composed of at least six members: three midwives licensed under this chapter, two physicians licensed by the Board of Medical Practice or the Board of Osteopathic Physicians and Surgeons, and one advanced practice registered nurse midwife licensed by the Board of Nursing.

(3) Members of the Committee shall be entitled to compensation at the rate provided in 32 V.S.A. § 1010.
26 V.S.A. § 5603 — VT Code / Title 26 / Chapter 107 / Section 5603
§ 5603. Prohibitions; penalties
Status: in_force

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

(1) practice, or to permit a person to practice, as a well driller without a current license or other authorization to practice as a well driller under Vermont law;

(2) practice, or to permit a person to practice, a class of well driller activities, as those classes are established in subdivision 5601(6) of this chapter, without a current license or other authorization to practice the class of well driller activities under Vermont law; or

(3) represent oneself as being licensed or otherwise authorized by this State to practice as a well driller or use in connection with a name any words, letters, signs, or figures that imply that a person is a well driller or able to practice as a well driller when not licensed or otherwise authorized to do so.

(b) A person who violates this section shall be subject to the penalties in 3 V.S.A. § 127.
26 V.S.A. § 6005 — VT Code / Title 26 / Chapter 109 / Section 6005
§ 6005. Promoters; registration; bond requirement
Status: in_force

(a) A person shall not act as a promoter 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 of the intended professional boxing match.

(b) Each application shall be accompanied by a surety or cash bond in the amount of $5,000.00, payable to the State of Vermont, together with proof of medical insurance covering the boxers for injuries sustained during the match. The bond or surety shall be conditioned upon the faithful performance by the promoter of the provisions of this subchapter, the fulfillment of the promoter's contractual obligations with the boxers and participants, and subject to the payment of any fees or penalties imposed by this subchapter.

(c) Each application shall contain a list of the boxers and participants, along with each boxer's personal identification number assigned by the National Boxer Registry.
26 V.S.A. § 4056 — VT Code / Title 26 / Chapter 77 / Section 4056
§ 4056. Application
Status: in_force

To apply for certification as a psychoanalyst, a person shall apply to the Director on a form that the Director shall furnish. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director.
26 V.S.A. § 1740 — VT Code / Title 26 / Chapter 31 / Section 1740
§ 1740. Fees
Status: in_force

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

(1) Original application for licensure, $225.00; the Board shall use at least $10.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.

(2) Biennial renewal, $215.00; the Board shall use at least $10.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network described in subdivision (1) of this section.
26 V.S.A. § 52 — VT Code / Title 26 / Chapter 1 / Section 52
§ 52. Functioning of Board
Status: in_force

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

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

(c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.

(d) A majority of the members of the Board shall constitute a quorum.

(e) All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by statute.
26 V.S.A. § 3235 — VT Code / Title 26 / Chapter 62 / Section 3235
§ 3235. Director; duties
Status: in_force

(a) In addition to the authority granted under 3 V.S.A. chapter 5, the Director shall:

(1) provide general information to applicants for licensure or certification under this chapter;

(2) administer fees collected under this chapter;

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

(4) explain appeal procedures to licensees, certified individuals, and applicants for licensure or certification under this chapter; and

(5) receive applications for licensure or certification under this chapter; issue and renew licenses or certifications; and revoke, suspend, reinstate, or condition licenses or certifications as ordered by an administrative law officer.

(b) The Director may adopt rules necessary to perform the Director's duties under this section, including rules:

(1) Specifying acceptable master's degree requirements.

(2) Setting standards for certifying apprentice addiction professionals and alcohol and drug abuse counselors.

(3) Requiring completion and documentation of not more than 40 hours of acceptable continuing education every two years as a condition for license or certification renewal.

(4) Requiring licensed alcohol and drug abuse counselors 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 clients of preferred providers, institutionalized clients, minors, and adults under the supervision of a guardian.

(5) Regarding ethical standards for individuals licensed or certified under this chapter.

(6) Regarding display of license or certification.

(7) Regarding reinstatement of a license or certification that has lapsed for more than five years.

(8) Regarding supervised practice toward licensure or certification.
26 V.S.A. § 3017 — VT Code / Title 26 / Chapter 55 / Section 3017
§ 3017. Disclosure of information
Status: in_force

The Board shall adopt rules requiring licensed psychologists to disclose to each client the psychologist'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 psychologist and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian.
26 V.S.A. § 2108 — VT Code / Title 26 / Chapter 38 / Section 2108
§ 2108. Reinstatement
Status: in_force

If a physical therapist's license has lapsed for more than five consecutive years, that person may have his or her license reinstated upon payment of all applicable renewal and reinstatement fees, and demonstration of competence to practice the profession by one or more of the following, as determined by the Director:

(1) practice for a specified time under a limited or supervised license;

(2) completion of a remedial course;

(3) completion of continuing competence requirements;

(4) passage of an examination approved by the Director; or

(5) practice with a license in good standing in another jurisdiction.
26 V.S.A. § 4083 — VT Code / Title 26 / Chapter 78 / Section 4083
§ 4083. Prohibitions; penalties
Status: in_force

(a) No person shall practice psychotherapy unless the person is entered on the Roster of Psychotherapists who are Nonlicensed and Noncertified.

(b) A person entered on the Roster shall not use the terms certified, clinical, licensed, registered, or State-approved, or any other term that would give the impression that the psychotherapist or the service that is being provided is recommended or approved by the State based solely on inclusion on the Roster.

(c) A person who violates the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 2053 — VT Code / Title 26 / Chapter 36 / Section 2053
§ 2053. Unprofessional conduct; discipline
Status: in_force

(a) It shall be unprofessional conduct for a licensee to:

(1) introduce or enforce policies and procedures related to the provision of pharmacy services in a manner that results in deviation from safe practice;

(2) unreasonably prevent or restrict a patient's timely access to patient records or essential pharmacy services;

(3) fail to identify and resolve conditions that interfere with a pharmacist's ability to practice with competency and safety or create an environment that jeopardizes patient care, including by failing to provide mandated rest periods; and

(4) repeatedly, habitually, or knowingly fail to provide resources appropriate for a pharmacist of reasonable diligence to safely complete professional duties and responsibilities, including:

(A) drug utilization review;

(B) immunization;

(C) counseling;

(D) verification of the accuracy of a prescription; and

(E) all other duties and responsibilities of a pharmacist under State and federal laws and regulations.

(b) Drug outlets under common ownership and control constitute a chain. Discipline against any one drug outlet in a chain may be imposed against all drug outlets in a chain, provided the State alleges in a specification of charges and the Board subsequently finds:

(1) unprofessional conduct has occurred at one or more drug outlets;

(2) the unprofessional conduct is attributable to pharmacy or pharmacy business-related policies, procedures, systems, or practices of the chain whether or not those practices manifested in unprofessional conduct at each individual location; and

(3) imposition of disciplinary sanctions or conditions against all drug outlets in the chain is appropriate to protect the public.
26 V.S.A. § 5371 — VT Code / Title 26 / Chapter 103 / Section 5371
§ 5371. Notification regarding performance of notarial act on electronic record; selection of technology
Status: in_force

(a) A notary public holding a special commission endorsement pursuant to subsection 5341(d) of this title and who is thus authorized to perform notarial acts on electronic records may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

(b) A recorder, as defined in 27 V.S.A. § 622, may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
26 V.S.A. § 2141 — VT Code / Title 26 / Chapter 38 / Section 2141
§ 2141. Oversight, dispute resolution, and enforcement
Status: in_force

(a) Oversight.

(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.

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

(b) Default, technical assistance, and termination.

(1) If the Commission determines that a member 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 member states of the nature of the default, the proposed means of curing the default and/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 may be terminated from the Compact upon an affirmative vote of a majority of the member states, 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 the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

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

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

(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 where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

(c) Dispute resolution.

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

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

(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 United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of 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. § 1653 — VT Code / Title 26 / Chapter 29 / Section 1653
§ 1653. Application
Status: in_force

(a) Applications for certification shall be accompanied by an application by the proposed supervising anesthesiologist that shall contain a statement that the anesthesiologist shall be responsible for all professional activities of the anesthesiologist assistant.

(b) Applications for certification shall be accompanied by a protocol signed by the proposed supervising anesthesiologist and a copy of the anesthesiologist assistant employment contract.

(c) The applicant must submit to the Board any other information the Board considers necessary to evaluate the applicant's qualifications.
26 V.S.A. § 3317 — VT Code / Title 26 / Chapter 69 / Section 3317
§ 3317. Application
Status: in_force

An individual who desires to be licensed under this chapter shall submit an application as specified by the Director, accompanied by payment of the required fee.
26 V.S.A. § 2601 — VT Code / Title 26 / Chapter 45 / Section 2601
§ 2601. Renewals
Status: repealed

(a) Licenses shall be renewed every two years upon payment of the renewal fee following the procedure established by the Office of Professional Regulation.

(b) [Repealed.]

(c) A license that has lapsed for a period of three years or less may be renewed upon application and payment of the renewal fee and the late penalty fee.

(d) As a condition of renewal, the Board shall require that a licensee establish that he or she has completed continuing education, as approved by the Board not to exceed 15 hours for each year of renewal.

(e) The Board may renew the license of an individual whose license has lapsed for more than three years upon payment of the required fee and the late renewal penalty, provided the individual has satisfied all the requirements for renewal established by the Board by rule.
26 V.S.A. § 321 — VT Code / Title 26 / Chapter 7 / Section 321
§ 321. Definitions
Status: in_force

In this chapter, unless the context requires another meaning:

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

(2) “Disciplinary action” means any action taken against a licensee or an applicant by the Board, or on appeal from that action, when that action suspends, revokes, limits, or conditions licensure in any way, or when it includes reprimands or an administrative penalty.

(3) “Practice of podiatry,” by a podiatric physician, means any medical, mechanical, surgical, electrical, manipulation, strapping, or bandaging treatment of the ailments pertaining to the human foot and lower leg distal to the myotendinous junction of the triceps surae. If spinal or general anesthesia is required, it shall be administered by a health care professional regulated under this title who is authorized to administer anesthesia within the scope of his or her practice. In the case of amputations other than toe amputations and in the case of surgical treatment at or above the ankle, the surgical treatment shall be performed only in a general hospital licensed under 18 V.S.A. chapter 43 or a certified ambulatory surgical center as defined in 18 V.S.A. § 9432. For purposes of this section, “ankle” means the joint between the tibia and fibula proximally and the talus distally.
26 V.S.A. § 4507 — VT Code / Title 26 / Chapter 87 / Section 4507
§ 4507. Adverse actions
Status: in_force

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

(1) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(3) Only the home state shall have the power to take adverse action against a audiologist's or speech-language pathologist's license issued by the home state.

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

(c) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

(d) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

(e) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.

(f) Joint investigations.

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

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

(g) If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.

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

(i) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
26 V.S.A. § 3219 — VT Code / Title 26 / Chapter 61 / Section 3219
§ 3219. Issuance of a multistate license
Status: in_force

(a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in accordance with section 3218 of this title.

(b) If such applicant is eligible pursuant to section 3218 of this title, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

(c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor's, master's, or clinical category of social work.

(d) A multistate license issued by a home state to a resident in that state shall be recognized by all Compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.