26 V.S.A. § 2653 — VT Code / Title 26 / Chapter 47 / Section 2653
§ 2653. Exemptions
Status: in_force

Nothing in this chapter shall prohibit:

(1) persons, firms, corporations, or others from supplying ophthalmic materials and supplies directly to licensed physicians, licensed optometrists, or opticians;

(2) the sales of magnifying glasses, goggles, nonprescription spectacles, sunglasses, telescopes, binoculars, or similar articles, when sold as merchandise at a regular established place of business;

(3) any person, firm, or corporation from employing or otherwise engaging the services of one or more opticians;

(4) any optician from practicing his or her occupation when the person, firm or corporation conducts his or her or its business in a permanently established place and in a manner which is in keeping with the limitations imposed upon individual opticians under this chapter;

(5) the employment of a person who only performs mechanical work upon inert matter in an optical office, laboratory, or shop.
26 V.S.A. § 2812 — VT Code / Title 26 / Chapter 51 / Section 2812
§ 2812. Director; powers and duties
Status: repealed

(a) The Director shall adopt rules necessary for the effective administration of this chapter, including:

(1) a definition of the practice of radiologic technology, interpreting section 2801 of this chapter;

(2) qualifications for obtaining licensure, interpreting sections 2821a and 2821b of this chapter;

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

(4) procedures for disciplinary and reinstatement cases;

(5) [Repealed.]

(6) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(7) procedures for continued competency evaluation;

(8) procedures for radiation safety;

(9) procedures for competency standards for license applications and renewals.

(b) The Director shall:

(1) [Repealed.]

(2) [Repealed.]

(3) investigate suspected unprofessional conduct;

(4) periodically determine whether a sufficient supply of good quality radiologic technology services is available in Vermont at a competitive and reasonable price and take suitable action, within the scope of the Office's powers, to solve or bring public and professional attention to any problem that it finds in this area; and

(5) as a condition of renewal require that a licensee establish that he or she has completed a minimum of 24 hours of continuing education, the specific requirements of which may be specified by rule.

(c) The Director may:

(1) Refer cases of apparent improper radiologic technology practice to any occupational board with authority over the person concerned.

(2) Investigate suspected cases of unauthorized practice of radiologic technology, and refer any such case to the Office's State prosecuting attorney, the Attorney General, or a State's Attorney for possible prosecution and injunctive relief.

(3) Conduct hearings.

(4) Administer oaths and issue subpoenas.

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

(6) Adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter.

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

(8)(A) Conduct a competency evaluation where radiographic services are performed by licensees and licensed practitioners required to demonstrate competency under section 2804 of this chapter to ensure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose.

(B) The Director may contract with the Department of Health or others to perform evaluations under this subdivision (8).
26 V.S.A. § 5123 — VT Code / Title 26 / Chapter 99 / Section 5123
§ 5123. Applications
Status: in_force

Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant's education, experience, and other pertinent information and shall be accompanied by the required fee.
26 V.S.A. § 5365 — VT Code / Title 26 / Chapter 103 / Section 5365
§ 5365. Identification of individual
Status: in_force

(a) Personal knowledge. A notary public has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

(b) Satisfactory evidence. A notary public has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

(1) by means of:

(A) a passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or

(B) another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or

(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.

(c) Additional information. A notary public may require an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual.
26 V.S.A. § 280a — VT Code / Title 26 / Chapter 6 / Section 280a
§ 280a. Eligibility for licensure
Status: in_force

An applicant for licensure as a barber, cosmetologist, esthetician, or nail technician shall meet the qualifications for licensure established by the Director under the provisions of subchapter 2 of this chapter.
26 V.S.A. § 536 — VT Code / Title 26 / Chapter 10 / Section 536
§ 536. Registration of chiropractic interns
Status: in_force

A student enrolled in a chiropractic college approved by the Board, who has completed three years of the curriculum, may work as a chiropractic intern provided he or she is registered with the Board. A registered intern shall work under the direct supervision of a licensed chiropractor. An intern may perform activities delegated to him or her by the supervising chiropractor, including the activities described in subdivision 521(3) of this title, provided that a licensed chiropractor observes all such activities. The supervising chiropractor shall be legally liable for such activities performed by the intern.
26 V.S.A. § 3104 — VT Code / Title 26 / Chapter 57 / Section 3104
§ 3104. Process for review of regulatory laws
Status: repealed

(a) The Office may review a regulatory law that is within its jurisdiction, and shall review any regulatory law within or outside its jurisdiction upon the request of the House or Senate Committee on Government Operations. Notwithstanding any provisions of this section to the contrary, the Office shall not review regulatory laws within the jurisdiction of the Agency of Education. The Office shall base its review on the criteria and standards set forth in section 3105 of this chapter.

(b) The review shall also include the following inquiries in the discretion of the Office or in response to a Committee request:

(1) the extent to which a regulatory entity's actions have been in the public interest and consistent with legislative intent;

(2) the extent to which the profession's historical performance, including the actual history of complaints and disciplinary actions in Vermont, indicates that the costs of regulation are justified by the realized benefits to the public;

(3) the extent to which the scope of the existing regulatory scheme for the profession is commensurate to the risk of harm to the public;

(4) the extent to which the profession's education, training, and examination requirements for a license or certification are consistent with the public interest;

(5) the extent to which a regulatory entity's resolutions of complaints and disciplinary actions have been effective to protect the public;

(6) the extent to which a regulatory entity has sought ideas from the public and from those it regulates, concerning reasonable ways to improve the service of the entity and the profession or occupation regulated;

(7) the extent to which a regulatory entity gives adequate public notice of its hearings and meetings and encourages public participation;

(8) whether a regulatory entity makes efficient and effective use of its funds and meets its responsibilities; and

(9) whether a regulatory entity has sufficient funding to carry out its mandate.

(c)(1) The Office shall give adequate notice to the public, the applicable regulatory entity, and the appropriate professional societies that it is reviewing a particular regulatory law and, as applicable, that regulatory entity. Notice to the regulatory entity and the professional societies shall be in writing.

(2) The regulatory entity shall provide to the Office the information described in section 3107 of this chapter and available data the Office requests for purposes of the review.

(3) The Office shall seek comments and information from the public and from members of the profession or occupation. It also shall give the regulatory entity a chance to present its position and to respond to any matters raised in the review.

(4) The Office, upon its request, shall have assistance from the Department of Finance and Management, the Auditor of Accounts, the Attorney General, the Joint Fiscal Committee, or any other State agency.

(d)(1) The Office shall file a separate written report for each review with the House and Senate Committees on Government Operations, any legislative committees of jurisdiction for the underlying field of regulation, and the applicable regulatory entity. The reports shall contain:

(A) findings, alternative courses of action, and recommendations;

(B) a copy of the regulatory entity's administrative rules; and

(C) appropriate legislative proposals.

(2)(A) If the review is in regard to a regulatory law outside its jurisdiction, the Office shall submit the report in conjunction with the agency with jurisdiction over the licensing of the relevant profession.

(B) In the event the Office and the agency with jurisdiction do not agree to any aspects of the report, the report shall incorporate separate responses of the Office and that agency.

(e) [Repealed.]

(f) [Repealed.]

(g) [Repealed.]
26 V.S.A. § 1093 — VT Code / Title 26 / Chapter 19 / Section 1093
§ 1093. Applications
Status: in_force

Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant's education, experience, and other pertinent information and shall be accompanied by the required fee.
26 V.S.A. § 1833 — VT Code / Title 26 / Chapter 33 / Section 1833
§ 1833. Reexamination
Status: in_force

A person who fails to pass the Vermont examination required under section 1832 of this title may apply for reexamination and may, upon payment of the examination fee, sit for any regularly scheduled examination. 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 has previously passed.
26 V.S.A. § 624 — VT Code / Title 26 / Chapter 12 / Section 624
§ 624. Practice
Status: in_force

(a) A dental hygienist may perform duties for which the dental hygienist has been qualified by successful completion of the normal curriculum offered by programs of dental hygiene accredited by the American Dental Association or in continuing education courses approved by the Board. A dental hygienist may perform tasks in the office of any licensed dentist consistent with rules adopted by the Board.

(b) A public-health hygienist, who shall be a dental hygienist with no fewer than three years of experience, may perform tasks in out-of-office settings, including residences, schools, nursing home and long-term care facilities, clinics, hospitals, medical facilities, community health centers licensed or approved by the Department of Health, Head Start programs, and any other facilities or programs deemed appropriate by the Department of Health in a manner consistent with rules adopted by the Board.

(c)(1) A dental hygienist, when authorized by the Board by rule, may administer local anesthetics under the direct supervision and by the prescription of a licensed dentist.

(2) The license of a dental hygienist authorized by Board rule to administer local anesthetics shall have a special endorsement to that effect.

(d) A public health hygienist, who has completed training approved by the Vermont Department of Health in the silver modified atraumatic restorative technique (SMART), may use SMART to treat patients in a manner consistent with rules adopted by the Board.
26 V.S.A. § 1651 — VT Code / Title 26 / Chapter 29 / Section 1651
§ 1651. Definitions
Status: in_force

As used in this chapter:

(1) “Anesthesiologist” means a person licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who either has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology or their predecessors or successors or is credentialed by a hospital to practice anesthesiology and engages in the practice of anesthesiology at that hospital full time.

(2) “Anesthesiologist assistant” means a person certified by the State of Vermont under this chapter who is qualified by education, training, experience, and personal character to provide medical services under the direction and supervision of an anesthesiologist.

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

(4) “Contract” means a legally binding written agreement containing the terms of employment of an anesthesiologist assistant.

(5) “Disciplinary action” means any action taken against a certified anesthesiologist assistant or an applicant by the Board or an appeal of that action when that action suspends, revokes, limits, or conditions certification in any way, or when it results in a reprimand of the person.

(6) “NCCAA” means the National Commission for Certification of Anesthesiologist Assistants, or its successor, as recognized by the Board.

(7) “Protocol” means a detailed description of the duties and scope of practice delegated by an anesthesiologist to an anesthesiologist assistant.

(8) “Supervision” means the direction and review by the supervising physician, as determined to be appropriate by the Board, of the medical services provided by the anesthesiologist assistant. At a minimum, supervision shall mean that an anesthesiologist is readily available at the facility for consultation and intervention.
26 V.S.A. § 2503 — VT Code / Title 26 / Chapter 45 / Section 2503
§ 2503. Prohibition; exceptions
Status: in_force

(a) A person who is not licensed by the Board shall not:

(1) use the title “licensed land surveyor” or any substantially equivalent title;

(2) represent himself or herself as licensed by this State or able to perform land surveying; or

(3) practice land surveying or act in responsible charge of another person who practices land surveying.

(b) Subdivision (a)(3) of this section does not prohibit preparation of assessment maps, current use maps for use valuation appraisal, or similar maps, which are clearly not intended to indicate the legally authoritative location or demarcation of property boundaries or extent where legal rights or interests in any tract of land are or may be affected, or licensed or qualified members of other professions or trades from performing duties incidental to those occupations.
26 V.S.A. § 893 — VT Code / Title 26 / Chapter 15 / Section 893
§ 893. Commencement of work; fees; work notice; inspection of work; certificate of completion
Status: in_force

(a) Electrical work in a complex structure shall not commence until a work notice accompanied by the required fee is submitted to the Department and the work notice is validated by the Department. There shall be a base fee of $40.00 for each work notice, except for electrical work done in one and two family residential dwellings. In addition to the base fee, the following fees shall be charged:

(1) Services

(A) Temporary—$30.00.

(B) Permanent—1 phase and 3 phase through 400 amp—$35.00.

(C) Permanent—401 to 800 amp—$50.00.

(D) Permanent—801 amp and larger—$100.00.

(2) Transformers

(A) 1 to 25 KVA—$10.00 each.

(B) 26 to 75 KVA—$15.00 each.

(C) 76 to 200 KVA—$25.00 each.

(D) Over 200 KVA—$35.00 each.

(3) Motors and Generators

(A) Up to 5 hp, KW, KVA—$10.00 each.

(B) 5 to 25 hp, KW, KVA—$10.00 each.

(C) 25 to 100 hp, KW, KVA—$15.00 each.

(D) Over 100 hp, KW, KVA—$25.00 each.

(4) Other electrical work

(A) Each panel and feeder after the main disconnect—$35.00.

(B) Outlets for receptacles, switches, fixtures, electric baseboard (per 50 units or portion thereof)—$20.00.

(C) Yard lights signs—$5.00 each.

(D) Fuel oil, kerosene, LP, natural gas, and gasoline pumps—$15.00 each.

(E) Boilers, furnaces, and other stationary appliances—$10.00 each.

(F) Elevators—$75.00 each.

(G) Platform lifts—$40.00 each.

(H) Fire alarm initiating, signaling, and associated devices (per 50 units or portions thereof)—$30.00.

(I) Fire alarm main panel and annunciator panels—$50.00 each.

(J) Fire pumps—$50.00.

(5) Reinspection fee. For each reinspection for code violations, there will be a fee of $125.00.

(b) The Commissioner may establish inspection priorities for electrical inspections. Priorities shall be based on the relative risks to persons and property, the type and size of the complex structure, and the type and number of electrical installations to be installed. Electrical installations regulated by the Board shall be inspected by the Commissioner or an electrical inspector in accordance with the procedures and priorities established by the Commissioner.

(c) An electrical installation in any part of a complex structure shall not be covered unless it is inspected by an electrical inspector. The provisions of this subsection may be specifically waived by an electrical inspector in writing. Upon completion of a new electrical installation, the applicant shall request a final inspection by an electrical inspector in writing. Within five working days of receipt of the application, the Commissioner, or inspector, shall conduct an inspection, establish a reasonable date for inspection, or issue a waiver of inspection.

(d) A certificate of completion shall be issued if the Commissioner or electrical inspector determines after inspection that the installation is in compliance with the standards and requirements adopted by the Board.

(e) No part of a complex structure, in which part a new electrical installation has been made, shall be sold or conveyed for use or occupancy without first securing a certificate of completion for the new electrical installation.

(f) The Commissioner or an inspector designated by the Commissioner shall have authority to enter any premises in which an electrical installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of making such inspection as is necessary to carry out his or her responsibilities under this subchapter. If the owner or occupant of the premises refuses to permit entry by the Commissioner, or an electrical inspector, any Superior Court, on application of the Commissioner, shall have jurisdiction to issue an order enforcing such right of entry.
26 V.S.A. § 4130 — VT Code / Title 26 / Chapter 81 / Section 4130
§ 4130. Biennial license renewal; continuing education
Status: in_force

(a) The license to practice naturopathic medicine shall be renewed every two years by filing a renewal application on a form provided by the Director. The application shall be accompanied by the required fee and evidence of compliance with subsection (b) of this section.

(b) As a condition of renewal, a naturopathic physician shall complete a program of continuing education, approved by the Director, during the preceding two years. The Director shall not require more than 30 hours of continuing education biennially.
26 V.S.A. § 4032 — VT Code / Title 26 / Chapter 76 / Section 4032
§ 4032. Disclosure of information
Status: in_force

The Board shall adopt rules requiring licensed marriage and family therapists to disclose to each client the marriage and family therapist'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 marriage and family therapist and the client. The rules may include provisions for applying or modifying these requirements in cases involving clients for designated agencies, institutionalized clients, minors, and adults under the supervision of a guardian.
26 V.S.A. § 892 — VT Code / Title 26 / Chapter 15 / Section 892
§ 892. Work in progress
Status: in_force

Rules adopted under section 891 of this title are not applicable to the construction, repair, or replacement of any electrical installation if the work is commenced within 30 days following their adoption, or to electrical installations in any structure standing or in the process of construction at the time of their adoption.
26 V.S.A. § 2046 — VT Code / Title 26 / Chapter 36 / Section 2046
§ 2046. Fees
Status: in_force

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

(1) Initial application:

(2) Biennial renewal:
26 V.S.A. § 1372 — VT Code / Title 26 / Chapter 23 / Section 1372
§ 1372. Hearing panel
Status: in_force

(a) Composition of hearing panel.

(1) The Executive Director may designate a hearing panel constituting less than a quorum of the Board to conduct hearings that would otherwise be heard by the full Board. A hearing panel shall consist of at least three members, including at least one physician member of the Board and at least one public member of the Board. No member of the hearing panel shall have been a member of the investigative committee that reviewed the matter at the investigative stage. A party may move to disqualify a member of a hearing panel due to a conflict of interest.

(2) If there is an insufficient number of members to serve on a hearing panel by reason of disqualification, resignation, vacancy, or necessary absence, the Commissioner of Health may, at the request of the Board, appoint ad hoc members to serve on the hearing panel for that matter only.

(b) Time and notice of hearing.

(1) The Executive Director or a hearing officer shall set a time for the evidentiary hearing as soon as convenient following the determination by the investigative committee that an evidentiary hearing is warranted, subject to the discovery needs of the parties as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but no earlier than 30 days after service of the charge upon the individual complained against. A party may file motions to extend the time of the hearing for good cause.

(2) The Executive Director shall issue a notice of the evidentiary hearing on the charges, which notice shall specify the time and place of the hearing and shall notify the individual complained against that he or she may file with the Executive Director a written response within 20 days of the date of service. The notice shall also notify the individual complained against that a record of the proceeding will be kept, that he or she will have the right to inspect and copy information as set forth in section 1371 of this chapter, and that he or she will have the opportunity to appear personally and to have counsel present, with the right to produce witnesses and evidence on his or her own behalf, to cross-examine witnesses testifying against him or her, and to examine such documentary evidence as may be produced against him or her.

(c) Hearing panel report. Within 60 days after holding an evidentiary hearing under this section, unless the Board grants an extension, the hearing panel shall provide a written report of its findings of fact and its recommendations to the full Board, with a transcript of the evidence.
26 V.S.A. § 4501 — VT Code / Title 26 / Chapter 87 / Section 4501
§ 4501. Purpose
Status: in_force

(a) The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

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

(1) increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;

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

(3) encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;

(4) support spouses of relocating active duty military personnel;

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

(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and

(7) allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
26 V.S.A. § 1392 — VT Code / Title 26 / Chapter 23 / Section 1392
§ 1392. Limited temporary license for postgraduate training
Status: in_force

(a) Qualifications for limited training license.

(1) An applicant for a limited training license to practice medicine in a postgraduate training program shall meet each of requirements set forth in subdivisions (2)(A) through (E) of this subsection. A requirement may be met either by satisfying the requirement on its own terms or by qualifying for an exception established in this chapter or by the Board by rule.

(2) An applicant shall submit evidence of identity acceptable to the Board and shall establish that the applicant:

(A) is at least 18 years of age;

(B) has graduated from a medical school accredited by an organization that is acceptable to the Board, or from a medical school that has been approved by the Board by rule;

(C) has been accepted to participate in a postgraduate medical training program accredited by a body approved by the Board by rule;

(D) is of sound moral character and professional competence as evidenced by the applicant's entire personal history, as established by information about the applicant's academic, licensing examination, employment, professional credentialing, professional certification, professional regulation, civil litigation, and criminal records submitted by the applicant or otherwise obtained by the Board in the application process; and

(E) will be practicing in a program under the supervision of a Vermont-licensed physician who has acknowledged in writing:

(i) the responsibility to ensure that the program operates in accordance with the requirements of the accrediting body; and

(ii) the responsibility to ensure that physicians in training practice only under the close supervision and control of Vermont-licensed physicians.

(b) Terms of limited training license.

(1) A limited training license shall be issued for the period of a “training year,” which shall run from July 1 through June 30. All limited training licenses shall expire at 12:00 midnight on July 1, regardless of when issued, unless the holder leaves the program before that date, in which case the license expires upon the holder leaving the program. The Board may issue a limited training license up to 90 days prior to the beginning of a training year.

(2) A limited training license shall be renewed annually for each licensee who intends to continue to practice in a training program, in accordance with such requirements as the Board may provide by rule.

(3) A limited training license authorizes the holder to practice only within the approved training program and only at sites that are part of the hospital or other facility hosting the training program, along with such other locations as may be formally designated as a training site of the program.

(4) A limited training license shall become invalid 14 days after the supervising physician described in subdivision (a)(2)(E) of this subsection stops supervising the program for any reason, unless documentation of a new supervising physician is filed with the Board prior to the expiration of the 14-day period.

(5) A physician practicing under a limited training license is subject to the provisions of section 1354 of this chapter.
26 V.S.A. § 3379 — VT Code / Title 26 / Chapter 71 / Section 3379
§ 3379. Binding effect of Compact and other laws
Status: in_force

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

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

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

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

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

(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
26 V.S.A. § 2064 — VT Code / Title 26 / Chapter 36 / Section 2064
§ 2064. Violations and penalties
Status: in_force

(a) A drug outlet designated in section 2061 of this subchapter shall not be operated until a license has been issued to that outlet by the Board.

(b) Unauthorized operation of a drug outlet may be penalized as provided in 3 V.S.A. § 127 and shall constitute unprofessional conduct by the licensees involved.
26 V.S.A. § 5103 — VT Code / Title 26 / Chapter 99 / Section 5103
§ 5103. 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 pollution abatement facility operation degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet therein;

(2) practice or knowingly permit the practice of pollution abatement facility operation 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 or permit the practice of pollution abatement facility operation other than by a person 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 pollution abatement facility operation or use in connection with a name any words, letters, signs, or figures that imply that a person is a pollution abatement facility operator when not licensed or otherwise authorized under this chapter;

(5) practice pollution abatement facility operation during the time a license or authorization issued under this chapter is suspended or revoked; or

(6) employ an unlicensed or unauthorized person to practice as a pollution abatement facility operator.

(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 3293 — VT Code / Title 26 / Chapter 67 / Section 3293
§ 3293. Eligibility for hearing aid dispenser license
Status: in_force

To be eligible for licensure as a hearing aid dispenser, an applicant shall:

(1) have attained the age of majority; and

(2) pass a written examination administered by the Director under section 3295 of this chapter.
26 V.S.A. § 1420t — VT Code / Title 26 / Chapter 23 / Section 1420t
§ 1420t. Member states; effective date and amendment
Status: in_force

(a) Any state is eligible to become a member state of the Compact.

(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no fewer than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state.

(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.

(d) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
26 V.S.A. § 1708 — VT Code / Title 26 / Chapter 30 / Section 1708
§ 1708. Powers and duties
Status: repealed

(a) The Board shall:

(1) Adopt rules under the Vermont Administrative Procedure Act necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:

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

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

(C) standards for acceptance of continuing education, which may identify mandatory content specific to pharmacology, and management of adverse drug reactions.

(b) [Repealed.]

(c) The Board shall not limit the:

(1) ownership of optometric practices to licensed optometrists;

(2) number of offices or sites at which an optometrist may practice; or

(3) right of optometrists to practice in an association, partnership, corporation, or other lawful entity with anyone.
26 V.S.A. § 3275m — VT Code / Title 26 / Chapter 65 / Section 3275m
§ 3275m. Date of implementation of the Counseling Compact Commission 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 professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member 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. § 4711 — VT Code / Title 26 / Chapter 91 / Section 4711
§ 4711. Temporary licensure for student respiratory therapists
Status: in_force

(a) Respiratory care services may be performed without a license by a student currently enrolled in a respiratory care educational program when these services are incidental to the clinical aspect of a student's course of study.

(b) A student enrolled in a respiratory care educational program who is employed in an organized health care system shall apply for a temporary student license from the Director prior to performing respiratory care services. Students who have obtained a temporary license may render respiratory care services only under the direct supervision of a licensed respiratory care practitioner for a limited period of time and under conditions specified by the Director by rule. The scope of practice of the student respiratory therapist is limited to those activities for which there is documented evidence of competency.
26 V.S.A. § 541 — VT Code / Title 26 / Chapter 10 / Section 541
§ 541. Disciplinary proceedings; unprofessional conduct
Status: repealed

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

(1) Advertising or making a representation relating to chiropractic that is intended or has a tendency to deceive the public, including advertising by a licensee that does not clearly state that the services advertised are being offered by a “chiropractor” or “chiropractic physician.”

(2) Misrepresentation or concealment of a material fact to obtain, renew, or reinstate a license or registration under this chapter.

(3) Suspension or revocation of a license to practice chiropractic in another jurisdiction on one or more of the grounds specified in this section.

(4) Willful disregard of a subpoena or notice of the Board.

(5) Failure to keep written chiropractic records justifying a course of treatment for a patient, including patient histories, examination results, and test results.

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

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

(8) Practicing chiropractic with a chiropractor who is not legally practicing within the State, or aiding or abetting that person in the practice of chiropractic.

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

(10) Conduct that evidences unfitness to practice chiropractic.

(11) Addiction to narcotics, habitual drunkenness, or rendering professional services to a patient if the chiropractor is intoxicated or under the influence of drugs.

(12) Sexual harassment of a patient.

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

(14) [Repealed.]

(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required.
26 V.S.A. § 4707 — VT Code / Title 26 / Chapter 91 / Section 4707
§ 4707. Eligibility
Status: in_force

To be eligible for licensure as a respiratory care practitioner, an applicant shall:

(1) have completed a respiratory care educational program as defined in subdivision 4701(10) of this title; and

(2) pass a standardized national examination approved by the Director.
26 V.S.A. § 1834 — VT Code / Title 26 / Chapter 33 / Section 1834
§ 1834. Limited temporary license
Status: in_force

(a) An applicant for a limited temporary license shall meet the following requirements:

(1) have attained the age of majority;

(2) be a graduate of an accredited school or college of osteopathic medicine;

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

(4) pass Parts 1 and 2 of the Comprehensive Osteopathic Medical Licensing Examination — USA (COMLEX) or Parts 1 and 2 of 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 chapter.

(b) The Board may grant a limited temporary license for a period of one year to an applicant who furnishes satisfactory proof of meeting the requirements set forth in subsection (a) of this section, and pays the required fee. A temporary license may be renewed or reissued only four times whether or not consecutive.

(c) A limited temporary license shall entitle the applicant to practice only in the hospital or other institution designated on the applicant's limited temporary license and in clinics or outpatient clinics operated by or affiliated with such designated hospital or institution and only under the direct supervision and control of an osteopathic or allopathic physician licensed under this chapter or chapter 23 of this title. The supervising physician shall provide the Board with information regarding the names and addresses of the supervising physician and the limited temporary licensee and the name of the hospital or other institution in which the person will practice.

(d) The supervising physician shall be responsible for negligent or wrongful acts or omissions of the limited temporary licensee.

(e) The limited temporary licensee shall at all times exercise the same standard of care and skill as an osteopathic physician, practicing in the same specialty, in the State of Vermont.

(f) A limited temporary license shall expire upon occurrence of any of the following events:

(1) The death or legal incompetency of the supervising physician.

(2) Withdrawal of the filing by the supervising physician, provided the supervising physician gives 10 days' written notice to the licensee and the hospital or institution.

(g) A limited temporary license granted under this section shall expire immediately upon termination of the licensee's appointment as intern, resident, fellow, or medical officer of the designated hospital or institution.
26 V.S.A. § 3281 — VT Code / Title 26 / Chapter 67 / Section 3281
§ 3281. Definitions
Status: in_force

As used in this chapter:

(1) “Audiologist” means a person licensed to practice audiology under this chapter.

(2) “Audiology” means the application of principles, methods, and procedures related to hearing and the disorders of hearing, and to related language and speech disorders, which includes all conditions that impede the normal process of human communication, including disorders of auditory sensitivity, acuity, function, or processing.

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

(4) “Disciplinary action” includes any action taken by an administrative law officer established by 3 V.S.A. § 129(j) against a licensed audiologist or hearing aid dispenser or an applicant premised on a finding that the licensee or applicant has engaged in unprofessional conduct. “Disciplinary action” includes all appropriate remedies, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license, or issuing warnings.

(5) “Hearing aid” means an amplifying device to be worn by a person who is hard of hearing to improve hearing, including any accessories specifically used in connection with such a device, but excluding theater- or auditorium-wide-area listening devices, telephone amplifiers, or other devices designed to replace a hearing aid for restricted situations.

(6) “Hearing aid dispenser” means a person licensed under this chapter to dispense hearing aids.

(7) “Practice of audiology” includes the following services, which may be provided to persons of all ages:

(A) facilitating the conservation of auditory system function, and developing and implementing environmental and occupational hearing conservation programs;

(B) screening, identifying, assessing, and interpreting, diagnosing, preventing, and rehabilitating peripheral and central auditory system dysfunctions;

(C) providing and interpreting behavioral and electro-physiological measurements of auditory, vestibular, and facial nerve functions;

(D) selecting, fitting, and dispensing of hearing aids, amplification, assistive listening and alerting devices, implantable devices, and other systems, and providing training in their use;

(E) dispensing hearing aids, including conducting and interpreting hearing tests for the purpose of selecting suitable hearing aids;

(F) making ear molds or impressions;

(G) providing instruction to patients on the care and use of hearing aids, auditory system functions, and hearing conservation;

(H) all acts pertaining to selling, renting, leasing, pricing, delivering, and giving warranties for hearing aids;

(I) providing aural rehabilitation and related counseling services to individuals who are hard of hearing and their families;

(J) screening of speech-language and other factors affecting communication function for the purposes of an audiologic evaluation, or initial identification of individuals with other communication disorders; and

(K) management of cerumen.

(8) “Practice of dispensing hearing aids” includes the following services, which may only be provided to persons 18 years of age or older:

(A) the measurement of the sensitivity of human hearing by means of appropriate behavioral testing for the sole purpose of fitting air-conduction hearing aids;

(B) the otoscopic observation of the outer ear in connection with the measurement of hearing and the fitting of hearing aids and for the purpose of referral to other professionals;

(C) the production of ear impressions for earmolds for the purpose of selecting and fitting hearing aids;

(D) the analysis of hearing aid function by means of the appropriate testing equipment;

(E) the selection and fitting of hearing aids with appropriate instruction, orientation, counseling, and management regarding the use and maintenance of these devices and other accessories; and

(F) the modification and general servicing of hearing aids.

(9) “Secretary” means the Secretary of State.
26 V.S.A. § 4085 — VT Code / Title 26 / Chapter 78 / Section 4085
§ 4085. Exemptions
Status: in_force

(a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, psychologists, social workers, mental health counselors, certified marriage and family therapists, licensed alcohol and drug counselors, and psychoanalysts or licensed educators when performing their duties consistent with the accepted standards of their respective professions.

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

(1) In the activities and services of the clergy or leader of any religious denomination or sect or a Christian Science practitioner when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices of sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority of that church, denomination, or sect.

(2) In employment or rehabilitation counseling.

(3) As an employee of, or under contract with, the Agency of Human Services, provided the person is not covered by the definition of psychotherapy in section 4082 of this title.

(4) As a mediator.

(5) In an official evaluation for court purposes.

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

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

(c) The prohibitions of this chapter shall not apply to practices in the fields of:

(1) Body work education and healing, including massage therapy, stress reduction, physical fitness, or yoga.

(2) Energy-related therapy, including kinesiology, crystology, and sound therapy.

(3) Psychic reading and healing arts, including astrology, channeling, and palmistry.

(4) Social science research and education, including sociology and educational tutoring.

(5) Human resource development, including personnel management, career development, and business consultants.

(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the provisions of this chapter shall apply to any person entered on the Roster as a nonlicensed and noncertified psychotherapist under this chapter.
26 V.S.A. § 1445 — VT Code / Title 26 / Chapter 23 / Section 1445
§ 1445. Findings
Status: in_force

The General Assembly finds that the Vermont Program for Quality in Health Care, Inc., a nonprofit corporation, is organized for the purpose of implementing and maintaining a statewide quality assurance system based on the collection and interpretation of clinical data, feedback of such data to physicians and, when necessary, the provision of professional accountability.
26 V.S.A. § 901 — VT Code / Title 26 / Chapter 15 / Section 901
§ 901. Electricians' Licensing Board; membership; powers
Status: in_force

(a) Creation. A board for the licensing of electricians is created, to be known as the “Electricians' Licensing Board.”

(b) Membership. The Board consists of the Commissioner of Public Safety or a member of that Department designated by the Commissioner and four persons appointed by the Governor with the advice and consent of the Senate.

(1) The four appointed members shall serve for terms of three years, beginning on July 1 in the year of appointment, and they shall include one licensed master electrician, one licensed journeyman electrician, one person associated with the public electrical utility industry who is knowledgeable in technical as well as operational issues of the electrical utility industry, and one person associated with the fire insurance industry.

(2) Not more than two appointed members' terms shall expire in the same year.

(3) The Governor shall appoint one of the members of the Board to serve as its chair.

(c) Continuing education; sunset review.

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

(A) the renewal requirements for electricians;

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

(C) the cost of the renewal requirements for electricians;

(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. § 2654 — VT Code / Title 26 / Chapter 47 / Section 2654
§ 2654. Penalties
Status: in_force

Any person who violates a provision of section 2652 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 1172 — VT Code / Title 26 / Chapter 20 / Section 1172
§ 1172. Powers and duties
Status: in_force

(a) The Board shall adopt rules necessary for the performance of its duties, including:

(1) a list of recognized engineering specialty disciplines;

(2) qualifications for obtaining licensure, interpreting sections 1182a and 1182b of this chapter;

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

(4) procedures for disciplinary and reinstatement cases.

(b) The Board shall:

(1) offer examinations to qualified applicants for licensing;

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

(3) investigate suspected unprofessional conduct; and

(4) have general responsibility for ensuring that professional engineering services available in this State are of uniformly good quality and take suitable action, within the scope of its powers, to solve or bring public and professional attention to any problem which it finds in this area.

(c) The Board may:

(1) establish or approve continuing education programs or other methods of allowing licensees to maintain continued competency;

(2) conduct hearings;

(3) administer oaths and at the request of any party issue subpoenas;

(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced under 3 V.S.A. § 809b;

(5) adopt rules relating to the procedures to be followed in hearings held under this chapter;

(6) receive assistance from and refer suspected unauthorized practice to the Attorney General; and

(7) request the Attorney General to obtain injunctions to restrain unprofessional conduct.
26 V.S.A. § 2803 — VT Code / Title 26 / Chapter 51 / Section 2803
§ 2803. Exemptions
Status: in_force

The prohibitions in section 2802 of this chapter shall not apply to dentists licensed under chapter 12 of this title and actions within their scope of practice nor to:

(1) Licensed practitioners acting within the scope of practice for their licensed field, including holders of limited temporary licenses to practice medicine as authorized by the Board of Medical Practice, provided that their practice acts and rules adopted thereunder have been expressly found by the Director, in consultation with advisors appointed under this chapter, to match or surpass the training in radiation safety and proper radiation practices required by this chapter and rules adopted under this chapter.

(2) Students of medicine, dentistry, podiatry, naturopathic medicine, or chiropractic when participating in a program approved or recognized by the Board of Medical Practice, Board of Dental Examiners, or Board of Chiropractic, as appropriate, and when under the general supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner's field.

(3) Students in an approved school of radiologic technology under the general supervision of a licensed practitioner or licensed radiologic technologist.

(4) Any person acting as an employee of the United States.

(5) Any of the following when operating dental radiographic equipment to conduct intraoral radiographic examinations under the general supervision of a licensed practitioner; and any of the following when operating dental radiographic equipment to conduct specialized radiographic examinations, including tomographic, cephalometric, or temporomandibular joint examinations, if the person has completed a course in radiography approved by the Board of Dental Examiners and practices under the general supervision of a licensed practitioner:

(A) a licensed dental therapist;

(B) a licensed dental hygienist;

(C) a registered dental assistant who has completed a course in radiography approved by the Board of Dental Examiners; or

(D) a student of dental therapy, dental hygiene, or dental assisting as part of the training program when under the direct supervision of a licensed dentist, licensed dental therapist, licensed dental hygienist, or registered dental assistant.

(6) Licensees certified in one of the three primary modalities set forth in section 2821a of this chapter preparing for postprimary certification in accordance with ARRT or NMTCB under the general supervision of a licensee already certified in the specific postprimary modality at issue.

(7) Researchers operating bone densitometry equipment for body composition upon successful completion of courses on body composition and radiation safety approved by the Director. The Director shall not require this coursework to exceed eight hours. The Director may consider other exemptions from licensure for bona fide research projects subject to course and examination requirements as deemed necessary for public protection.
26 V.S.A. § 2902 — VT Code / Title 26 / Chapter 53 / Section 2902
§ 2902. Minimum instrumentation required
Status: in_force

(a) Any instrument used to test or question individuals for the purpose of detecting deception or verifying the truth of statements shall record visually, permanently, and simultaneously:

(1) A subject's cardiovascular pattern; and

(2) A subject's respiratory pattern.

(b) Patterns of other physiological changes in addition to subdivisions (a)(1) and (2) of this section may also be recorded. The use of any instrument or device to detect deception or to verify the truth of statements that does not meet these minimum instrumentation requirements is prohibited and that instrument may not be operated or used.
26 V.S.A. § 4124 — VT Code / Title 26 / Chapter 81 / Section 4124
§ 4124. Reporting contagious and infectious diseases; death certificates
Status: in_force

Naturopathic physicians are subject to the provisions of the law relating to contagious and infectious diseases and to the issuance of birth and death certificates.
26 V.S.A. § 4505 — VT Code / Title 26 / Chapter 87 / Section 4505
§ 4505. Compact privilege to practice telehealth
Status: in_force

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 4503 of this subchapter and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.
26 V.S.A. § 3284 — VT Code / Title 26 / Chapter 67 / Section 3284
§ 3284. Terms of sale; 45-day trial period
Status: in_force

(a)(1) Any sales contract for equipment, including a hearing aid, sold by a licensee to a person in this State, shall contain a clause that requires the licensee to refund the full product price of the equipment, except for the cost of earmolds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment if, in the opinion of the consumer, the equipment is not satisfactory.

(2) If the returned equipment is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage.

(3) The equipment shall not be sold thereafter as new.

(4) As used in this subsection, “cost of service” means the actual cost of the service provided to fit a hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater.

(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold, and such other information as the Director may require shall be disclosed in writing to the consumer before the sale is completed.

(c) If the equipment is in the possession of the licensee, manufacturer, repairperson, or their agents during the trial period, the period of time the equipment is in such possession shall not be included in the calculation of the 45-day trial period.
26 V.S.A. § 371 — VT Code / Title 26 / Chapter 7 / Section 371
§ 371. Eligibility
Status: in_force

To be eligible for licensure as a podiatrist, an applicant must:

(1) be entitled to licensure without examination under section 372 of this title; or

(2) have attained the age of majority; and

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

(4) successfully complete all required steps of the examinations given by the National Board of Podiatric Medical Examiners, as set forth by the Board by rule; and

(5) if the applicant has not engaged in practice as a podiatrist within the last three years, comply with the requirements for updating knowledge and skills as defined by Board rules.
26 V.S.A. § 2102 — VT Code / Title 26 / Chapter 38 / Section 2102
§ 2102. Application
Status: in_force

Unless entitled to licensure under section 2104 of this title, and according to the procedures outlined in the rules of the Director of the Office of Professional Regulation, a person who desires to be licensed as a physical therapist or physical therapist assistant shall apply to the Director in writing on a form furnished by the Director, accompanied by payment of the specified fee.
26 V.S.A. § 4182 — VT Code / Title 26 / Chapter 85 / Section 4182
§ 4182. Exemptions
Status: in_force

In recognition that, in Vermont, a variety of practitioners provides care to women during pregnancy and birth, this chapter does not apply to the following:

(1) Certified nurse midwives authorized under the Board of Nursing to practice in Vermont, unless they have chosen to become licensed midwives. Notwithstanding this subsection, certified nurse midwives who choose to become licensed midwives remain subject to the jurisdiction of the Board of Nursing as well as to the provisions of this chapter.

(2) Licensed physicians or other licensed health care providers authorized to provide midwifery care.

(3) Student midwives in training with licensed midwives.
26 V.S.A. § 3192 — VT Code / Title 26 / Chapter 60 / Section 3192
§ 3192. Prohibitions; penalties
Status: in_force

(a) Nothing in this subchapter shall be construed to prohibit the practice of peer support by a noncertified provider. However, 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 certified peer support provider unless that person is certified in accordance with this chapter.

(b) Nothing in this subchapter shall be construed to prohibit the practice of recovery support services by a noncertified provider. However, a person shall not use in connection with person's name any letters, words, or insignia indicating or implying that the person is a certified peer recovery support specialist unless that person is certified in accordance with this chapter.

(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 2135 — VT Code / Title 26 / Chapter 38 / Section 2135
§ 2135. Compact privilege
Status: in_force

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

(1) hold a license in the home state;

(2) have no encumbrance on any state license;

(3) be eligible for a compact privilege in any member state in accordance with subsections (d), (g), and (h) of this section;

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

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

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

(7) meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

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

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

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

(d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

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

(1) the home state license is no longer encumbered; and

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

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

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

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

(2) all fines have been paid; and

(3) two years have elapsed from the date of the adverse action.

(h) Once the requirements of subsection (g) of this section have been met, the license must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.
26 V.S.A. § 2082 — VT Code / Title 26 / Chapter 38 / Section 2082
§ 2082. Prohibition; offenses
Status: repealed

(a) No person shall:

(1) practice or attempt to practice physical therapy or hold himself or herself out as being able to do so in this State without first having obtained a license; or

(2) use in connection with the person's name or business the words “physical therapy,” “physical therapist,” “physical therapist assistant,” “physiotherapy,” “physiotherapist,” the initials “PT,” “PTA,” “DPT,” or any letters, words, abbreviations, or insignia indicating or implying that the person is a physical therapist or physical therapist assistant unless the person is licensed in accordance with this chapter; or

(3) practice or attempt to practice physical therapy during license revocation or suspension.

(4) [Repealed.]

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

(c) A physical therapist shall use the letters “PT” in connection with the physical therapist's name or place of business to denote licensure, and a physical therapist assistant shall use the letters “PTA.”
26 V.S.A. § 5368 — VT Code / Title 26 / Chapter 103 / Section 5368
§ 5368. Short-form certificates
Status: in_force

The following short-form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by subsections 5367(a) and (b) of this chapter:

(1) For an acknowledgment in an individual capacity:

State of Vermont [County] of _________________________________________

This record was acknowledged before me on ______ by ______

Date ____ Name(s) of individual(s)_________________________________________

Signature of notary public _________________________________________

Stamp____ [__________ ]

Title of office______ [My commission expires: ______ ]

(2) For an acknowledgment in a representative capacity:

State of Vermont [County] of _________________________________________

This record was acknowledged before me on ____ by ______

Date ____ Name(s) of individual(s) ______ as ______ (type of authority, such as officer or trustee) of ______ (name of party on behalf of whom record was executed).

Signature of notary public _________________________________________

Stamp [____________ ]

Title of office ______ [My commission expires: ______ ]

(3) For a verification on oath or affirmation:

State of Vermont [County] of _________________________________________

Signed and sworn to (or affirmed) before me on ______ by _________________________________________

Date ______

Name(s) of individuals making statement _________________________________________

Signature of notary public _________________________________________

Stamp [____________ ]

Title of office______ [My commission expires: ______ ]

(4) For attesting a signature:

State of Vermont [County] of _________________________________________

Signed [or attested] before me on ______ by _________________________________________

Date ____ Name(s) of individual(s) _________________________________________

Signature of notary public _________________________________________

Stamp [____________ ]

Title of office ______ [My commission expires: ______ ]

(5) For certifying a copy of a record:

State of _______________________________________

County of _______________________________________

I certify that this is a true and correct copy of a record in the possession of _______________________________________

Dated _________________________________________

Signature of notarial officer _______________________________________________________________________

Stamp___________

Title of office _______________________________________ [My commission expires: ___________ ]
26 V.S.A. § 4710 — VT Code / Title 26 / Chapter 91 / Section 4710
§ 4710. Temporary licensure
Status: in_force

(a) A temporary license without examination for practice under the direction of a respiratory care practitioner licensed in Vermont may be issued to a person who applies for the first time to practice respiratory care in this State as a respiratory care practitioner and meets all other qualifications of section 4707 of this title.

(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as a respiratory care practitioner until:

(1) The applicant takes the next examination provided by the Director and a determination is made of the applicant's qualification to practice in this State.

(2) The necessary data for licensure without examination are collected and ruled on by the Director.

(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the Director by rule and shall not be renewed, except by petitioning the Director, subject to proof of an exceptional cause shown by the applicant.
26 V.S.A. § 5201 — VT Code / Title 26 / Chapter 101 / Section 5201
§ 5201. Purpose and effect
Status: in_force

In order to implement State policy and safeguard the public welfare, a person shall not engage in the practice of forestry unless currently licensed under this chapter.
26 V.S.A. § 1734b — VT Code / Title 26 / Chapter 31 / Section 1734b
§ 1734b. Renewal of license
Status: in_force

(a) Licenses shall be renewed every two years on payment of the required fee. At least one month prior to the date on which renewal is required, the Board shall send to each licensee a license renewal application form and notice of the date on which the existing license will expire. On or before the renewal date, the licensee shall file an application for license renewal and pay the required fee. The Board shall register the applicant and issue the renewal license. Within one month following the date renewal is required, the Board shall pay the license renewal fees into the Medical Practice Board Special Fund. Any physician assistant while on extended active duty as a member of the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, the National Guard, or the State Guard who is licensed as a physician assistant at the time of an activation or deployment shall receive an extension of licensure up to 90 days following the physician assistant's return from activation or deployment, provided the physician assistant notifies the Board of the activation or deployment prior to the expiration of the current license, and certifies that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license.

(b) A licensee shall demonstrate that the requirements for licensure are met.

(c) A licensee for renewal of an active license to practice shall have practiced as a physician assistant within the last three years or have complied with the requirements for updating knowledge and skills as defined by Board rules.

(d) A licensee shall promptly provide the Board with new or changed information pertinent to the information in the physician assistant's license and license renewal applications at the time the licensee becomes aware of the new or changed information.

(e) A license that has lapsed may be reinstated on payment of a renewal fee and a late renewal fee. The applicant shall not be required to pay renewal fees during periods when the license was lapsed. However, if a license remains lapsed for a period of three years, the Board may require the licensee to update the licensee's knowledge and skills as defined by Board rules.
26 V.S.A. § 3274 — VT Code / Title 26 / Chapter 65 / Section 3274
§ 3274. Disclosure of information
Status: in_force

The Board shall adopt rules requiring licensed clinical mental health counselors to disclose to each client the clinical mental health counselor'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 clinical mental health counselor and the client. The rules may include provisions for applying or modifying these requirements in cases involving clients of designated agencies, institutionalized clients, minors, and adults under the supervision of a guardian.
26 V.S.A. § 3354 — VT Code / Title 26 / Chapter 71 / Section 3354
§ 3354. Advisor appointees
Status: in_force

(a) The Secretary shall appoint two occupational therapists or an occupational therapist and an occupational therapy assistant to serve as advisors in matters relating to occupational therapists and occupational therapy assistants. They shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a three-year term.

(b) Appointees shall have at least three years of experience as an occupational therapist during the period immediately preceding appointment and shall be actively practicing occupational therapy in Vermont and remain in good standing during incumbency.

(c) The Director shall seek the advice of the occupational therapists appointed under this section in carrying out the provisions of this chapter. These members shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 5503 — VT Code / Title 26 / Chapter 106 / Section 5503
§ 5503. Mandatory registration and voluntary certification distinguished
Status: in_force

(a)(1) The system of mandatory registration established by this chapter is intended to protect against fraud, deception, breach of contract, and violations of law but is not intended to establish standards for professional qualifications or workmanship that is otherwise lawful.

(2) The provisions of 3 V.S.A. § 129a, with respect to a registration, shall be construed in a manner consistent with the limitations of this subsection.

(b) The system of voluntary certification established in this chapter is intended to provide consumers and contractors with a publicly available, noncommercial venue for contractors to list optional approved certifications. The Director of Professional Regulation, in consultation with public safety officials and recognized associations or boards of builders, remodelers, architects, and engineers, may:

(1) adopt rules providing for the issuance of voluntary certifications, as defined in subdivision 3101a(1) of this title, that signify demonstrated competence in particular subfields and specialties related to residential construction;

(2) establish minimum qualifications, and standards for performance and conduct, necessary for certification; and

(3) discipline a certificant for violating adopted standards or other law, with or without affecting the underlying registration.
26 V.S.A. § 2907 — VT Code / Title 26 / Chapter 53 / Section 2907
§ 2907. Termination and renewal of license
Status: in_force

Each polygraph examiner's license shall be issued for the term of one year and shall, upon application, unless suspended or revoked, be renewed annually. An internship license may be issued for a period not to exceed 12 months and may not be renewed. A polygraph examiner whose license has expired may at any time within two years after the expiration thereof obtain a renewal license without examination by applying therefor and satisfying the provisions of section 2904 of this title.
26 V.S.A. § 907 — VT Code / Title 26 / Chapter 15 / Section 907
§ 907. Recognition of experience
Status: in_force

(a) The Board, in determining the qualifications of an applicant for a license, may in its discretion give recognition:

(1) in the case of an application for a master's license, to the applicant's experience as a licensed journeyman in another state;

(2) in the case of an application for a journeyman's license, to an apprenticeship served in another state; or

(3) to experience or prior qualifications.

(b)(1) The Board, in determining the qualifications of a service member or veteran, as defined pursuant to section 906 of this subchapter, who is applying for a master's license, shall give recognition to the applicant's:

(A) experience as a 12R electrician or equivalent in the U.S. Armed Forces; and

(B) other experience or prior qualifications.

(2) 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.

(c)(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 electricians.

(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 section, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
26 V.S.A. § 3230 — VT Code / Title 26 / Chapter 61 / Section 3230
§ 3230. Consistent effect and conflict with others state laws
Status: in_force

(a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered.

(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.

(c) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.

(d) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
26 V.S.A. § 2251 — VT Code / Title 26 / Chapter 41 / Section 2251
§ 2251. Real Estate Commission
Status: in_force

(a) A Vermont Real Estate Commission is created, consisting of seven members. One member of the Commission shall be an attorney at law. Two shall be members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. These persons shall have no financial interest personally or through a spouse, parent, child, brother, or sister. “Financial interest” means dealing in goods or services that are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.

(b) Three members of the Commission shall be licensed real estate brokers whose vocations shall have been that of real estate broker for at least four years. At least one of the broker members shall not be a member of a professional real estate association at the time of appointment or at any time during tenure as a member. One of the Commission members shall be a licensed salesperson. If a salesperson becomes a broker while serving on the Commission, that salesperson shall become ineligible to continue to serve as the salesperson member of the Commission.

(c) Commission members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. To the extent possible, appointments shall be geographically representative.
26 V.S.A. § 4131 — VT Code / Title 26 / Chapter 81 / Section 4131
§ 4131. Supervision
Status: in_force

A naturopathic physician licensed pursuant to this chapter shall be authorized to work independently and shall not require supervision by any other health care professional; provided, however, that this section shall not be construed to limit the regulatory authority of the Director or Office of Professional Regulation.
26 V.S.A. § 4088 — VT Code / Title 26 / Chapter 78 / Section 4088
§ 4088. Renewal
Status: in_force

Entries on the Roster shall be renewed every two years by submission of a new, completed Roster form and shall be accompanied by payment of the specified fee.
26 V.S.A. § 4155 — VT Code / Title 26 / Chapter 83 / Section 4155
§ 4155. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two athletic trainers as advisors in matters relating to athletic training. The advisors shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments may be for less than a four-year term. Appointees shall have not less than three years' experience as an athletic trainer immediately preceding appointment and shall be actively engaged in the practice of athletic training in this State during incumbency.

(b) The Director shall seek the advice of the athletic trainer advisors in carrying out provisions of this chapter.
26 V.S.A. § 1704 — VT Code / Title 26 / Chapter 30 / Section 1704
§ 1704. Penalties
Status: in_force

A person who obtains a license by fraud or misrepresentation or who practices or attempts to practice optometry or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 4609 — VT Code / Title 26 / Chapter 89 / Section 4609
§ 4609. Unprofessional conduct
Status: in_force

(a) The term “unprofessional conduct” means misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed auctioneer or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed auctioneer or applicant.
26 V.S.A. § 4702 — VT Code / Title 26 / Chapter 91 / Section 4702
§ 4702. Prohibition; offenses
Status: in_force

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

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

(c) No person shall practice or attempt to practice respiratory care while his or her license has been revoked or suspended.

(d) A person who violates a provision of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 1794 — VT Code / Title 26 / Chapter 33 / Section 1794
§ 1794. Fees
Status: in_force

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

(b) If at any time an assessment is imposed on the State for its membership in the Interstate Medical Licensure Compact Commission pursuant to section 1420m of this title, the Board and the Board of Medical Practice shall assume responsibility for paying the assessment from their respective special funds in proportional amounts based on their numbers of licensees for professions eligible for licensure through the Compact.
26 V.S.A. § 2851 — VT Code / Title 26 / Chapter 52 / Section 2851
§ 2851. Definitions
Status: in_force

As used in this chapter:

(1) “ARRT” means the American Registry of Radiologic Technologists or its successor, as recognized by the Board.

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

(3) “Contract” means a legally binding written agreement containing the terms of employment of a radiologist assistant.

(4) “Disciplinary action” means any action taken by the Board against a certified radiologist assistant or an applicant or an appeal of that action when that action suspends, revokes, limits, or conditions certification in any way or when it results in a reprimand of the person.

(5) “Protocol” means a detailed description of the duties and scope of practice delegated by a radiologist to a radiologist assistant.

(6) “Radiologist” means a person who is licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who meets one or both of the following requirements:

(A) The person is certified by or eligible for certification by the American Board of Radiology or the American Osteopathic Board of Radiology or their predecessors or successors.

(B) The person is credentialed by a hospital to practice radiology and engages in the practice of radiology at that hospital full-time.

(7) “Radiologist assistant” means a person certified by the State of Vermont under this chapter who is qualified by education, training, experience, and personal character to provide medical services under the direction and supervision of a radiologist.

(8) “Readily available” means that a supervising radiologist is available in person or is available remotely by telephone or through a live, interactive audio and video connection.

(9) “Supervision” means the direction and review by a supervising radiologist, as determined to be appropriate by the Board, of the medical services provided by the radiologist assistant. At a minimum, supervision shall mean that a radiologist is readily available for consultation and intervention. A radiologist assistant may provide services under the direction and review of more than one supervising radiologist during the course of the radiologist assistant's employment, subject to the limitations on the radiologist assistant's scope of practice as set forth in this chapter and the protocol filed under subsection 2853(b) of this title.
26 V.S.A. § 1627 — VT Code / Title 26 / Chapter 28 / Section 1627
§ 1627. Licensure for practical nurses educated outside the United States
Status: in_force

To be eligible for licensure under this chapter, a practical nurse applicant who was educated outside the United States shall:

(1) hold a current practical nurse license from a country outside the United States;

(2) complete secondary education;

(3) graduate from a practical nursing education program meeting the requirements of rules set by the Board;

(4) demonstrate English language proficiency if the nursing education program was conducted in a language other than English; and

(5) complete examinations as determined by the Board.
26 V.S.A. § 5323 — VT Code / Title 26 / Chapter 103 / Section 5323
§ 5323. Rules
Status: repealed

(a) The Office, with the advice of the advisor appointees, may adopt rules to implement this chapter. The rules may:

(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;

(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;

(4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking the commission or special commission endorsement of or otherwise disciplining a notary public and ensuring the trustworthiness of an individual holding a commission or special commission endorsement as notary public;

(5) include provisions to prevent fraud or mistake in the performance of notarial acts;

(6) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;

(7) establish standards for communication technology and identity proofing;

(8) establish standards and a period for the retention of an audiovisual recording created under section 5379 of this chapter; and

(9) prescribe methods for a notary public to confirm, under subsections 5379(c) and (d) of this chapter, the identity of a tangible record.

(b) Rules adopted regarding the performance of notarial acts with respect to electronic records and remote online notarization may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. In adopting, amending, or repealing rules regarding notarial acts with respect to electronic records and remote online notarization, the Office shall consider, as far as is consistent with this chapter:

(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;

(2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this chapter; and

(3) the views of governmental officials and entities and other interested persons.

(c) [Repealed.]
26 V.S.A. § 1647b — VT Code / Title 26 / Chapter 28 / Section 1647b
§ 1647b. Definitions
Status: in_force

As used in this subchapter:

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

(2) “Alternative program” means a nondisciplinary monitoring program approved by a licensing board.

(3) “Commission” means the Interstate Commission of Nurse Licensure Compact Administrators.

(4) “Coordinated licensure information system” means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

(5) “Current significant investigative information” means:

(A) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(B) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

(6) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

(7) “Home state” means the party state that is the nurse's primary state of residence.

(8) “Licensing board” means a party state's regulatory body responsible for issuing nurse licenses.

(9) “Multistate license” means a license to practice as a registered nurse (RN) or a licensed practical or vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

(10) “Multistate licensure privilege” means a legal authorization associated with a multistate license permitting the practice of nursing as either an RN or LPN/VN in a remote state.

(11) “Nurse” means RN or LPN/VN, as those terms are defined by each party state's practice laws.

(12) “Party state” means any state that has adopted this Compact.

(13) “Remote state” means a party state other than the home state.

(14) “Single-state license” means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

(15) “State” means a state, territory, or possession of the United States and the District of Columbia.

(16) “State practice laws” means a party state's laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
26 V.S.A. § 4411 — VT Code / Title 26 / Chapter 86 / Section 4411
§ 4411. Unprofessional conduct
Status: in_force

(a) Unprofessional conduct includes misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed electrologist or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed electrologist or applicant.
26 V.S.A. § 1376 — VT Code / Title 26 / Chapter 23 / Section 1376
§ 1376. Confidentiality; inadmissibility of certain evidence
Status: in_force

(a) A hearing panel or the Board, or both, may close portions of a hearing or hearings to the public if the panel or Board deems it appropriate in order to protect the confidentiality of an individual or for medical and other protected health information pertaining to any identifiable person that is otherwise confidential under State or federal law.

(b) In any proceeding under section 1372 or 1373 of this chapter that addresses an applicant's or licensee's alleged sexual misconduct, evidence of the sexual history of a victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence nor evidence of the reputation of a victim's sexual conduct shall be admitted. At the request of a victim, a hearing panel or the Board may close portions of hearings to the public if the panel or Board deems it appropriate in order to protect the identity of a victim and the confidentiality of his or her medical records.
26 V.S.A. § 6011 — VT Code / Title 26 / Chapter 109 / Section 6011
§ 6011. Report to be filed; amateur boxing
Status: in_force

No more than seven days after the conclusion of an amateur boxing match, the United States Amateur Boxing, Inc. representative shall file a report with the Director certifying complete compliance with the rules of USA Boxing, summarizing the results of the event, and detailing any problems encountered during the event.
26 V.S.A. § 3406 — VT Code / Title 26 / Chapter 75 / Section 3406
§ 3406. Examination
Status: repealed

(a) The Director shall examine applicants for licensure and may use a standardized national examination. The examination shall include the following subjects:

(1) Anatomy and physiology.

(2) Acupuncture pathology.

(3) Acupuncture diagnosis.

(4) Hygiene, sanitation, and sterilization techniques.

(5) The principles, practices, and techniques of acupuncture.

(6) Clean needle techniques.

(7) [Repealed.]

(b) The Director may adopt rules necessary to perform his or her duties under this section.
26 V.S.A. § 903 — VT Code / Title 26 / Chapter 15 / Section 903
§ 903. Journeyman electricians
Status: in_force

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

(1) provide verification by the Vermont Apprenticeship Council of completion of an apprenticeship in electrical wiring that included both instruction and practice in work processes; or

(2) have had equivalent training and experience, within or outside this State, acceptable to the Board; and

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

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

(c) A person licensed under this chapter as a journeyman electrician is entitled to perform electrical installations under the direction of a master electrician, and may supervise an apprentice electrician or an electrician's helper employed by a master electrician under the master electrician's direction.
26 V.S.A. § 3241 — VT Code / Title 26 / Chapter 62 / Section 3241
§ 3241. Fees
Status: in_force

In addition to the fees otherwise authorized by law, the Director may charge the fees for professions regulated by the Director as set forth in 3 V.S.A. § 125.
26 V.S.A. § 2191 — VT Code / Title 26 / Chapter 39 / Section 2191
§ 2191. Master plumbers
Status: in_force

Any person who completes an application for a master plumber's license, presents documentation of having held a valid journeyman plumber's license under this chapter for at least 12 months, or documents equivalent training and experience in or outside of this State acceptable to the Board, and pays an examination fee in an amount determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a master plumber's license in the form of a wallet-sized card. The license shall be carried by the master plumber 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, § 9, eff. June 2, 1959; amended 1969, No. 84, § 3, eff. April 18, 1969; 1971, No. 6, § 1, eff. Feb. 17, 1971; 1991, No. 234 (Adj. Sess.), § 9; 1993, No. 176 (Adj. Sess.), § 11.)
26 V.S.A. § 4405 — VT Code / Title 26 / Chapter 86 / Section 4405
§ 4405. Advisor appointees
Status: in_force

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

(b) The Director shall seek the advice of the electrologist advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 523 — VT Code / Title 26 / Chapter 10 / Section 523
§ 523. Exemptions
Status: in_force

The provisions of this chapter shall not apply to the following persons acting within the scope of their respective professional practices:

(1) A person licensed to practice medicine and surgery under chapter 23 of this title.

(2) A person licensed to practice osteopathic medicine under chapter 33 of this title.

(3) A physician assistant licensed or registered under chapter 31 of this title.

(4) A nurse licensed under chapter 28 of this title.

(5) A physical therapist licensed under chapter 38 of this title.

(6) A commissioned officer of the U.S. Armed Forces or Public Health Service when acting within the scope of his or her official duties.

(7) A nonresident licensed chiropractor who comes into the State to treat or to consult on a particular case in this State, to perform research, or to participate in or instruct regular or continuing education courses, provided he or she does not otherwise practice in this State.
26 V.S.A. § 3029 — VT Code / Title 26 / Chapter 55 / Section 3029
§ 3029. Additional authorities invested in Compact state's psychology regulatory authority
Status: in_force

(a) In addition to any other powers granted under state law, a Compact state's psychology regulatory authority shall have the authority under this Compact to:

(1) Issue subpoenas for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact state's psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another Compact state, shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located; and

(2) Issue cease and desist or injunctive relief orders, or both, to revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology or the Temporary Authorization to Practice, or both.

(b) During the course of any investigation, a psychologist may not change the psychologist's Home State licensure. A Home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change the psychologist's Home State licensure. The Commission shall promptly notify the new Home State of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by Compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by Compact states.
26 V.S.A. § 3009a — VT Code / Title 26 / Chapter 55 / Section 3009a
§ 3009a. Powers and duties of Board
Status: in_force

(a) The Board shall adopt rules necessary to perform its duties under this chapter, including rules that:

(1) specify educational and other prerequisites for obtaining licensure;

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

(3) explain continuing education requirements; and

(4) explain how the Board shall investigate suspected unprofessional conduct.

(b) The Board may:

(1) establish or approve continuing education programs;

(2) conduct hearings;

(3) receive assistance from the Director of the Office of Professional Regulation and from the Attorney General or an attorney assigned by the Office of Professional Regulation.
26 V.S.A. § 3176 — VT Code / Title 26 / Chapter 59 / Section 3176
§ 3176. Employees of agencies
Status: in_force

(a) An agency licensed under this chapter may employ private investigators or security guards.

(b) An agency shall register all agency investigative and security employees with the Office. Employees shall carry identification indicating the licensee by whom the person is employed.

(c) An employee of a licensee shall not function as an armed private investigator, armed guard, armed courier, or handler of guard dogs unless the employee holds an active specialty designation authorizing the use of firearms or guard dogs, as applicable.

(d) The Director may make inquiries it deems necessary into the character, integrity, and reputation of the employee.

(e) As a prerequisite to registration, all investigative and security employees shall take and successfully complete a training program approved by the Director.

(f) A licensed agency or other entity conducting a training program approved by the Director pursuant to this section shall maintain training records for not less than five years. The retained records shall include, at a minimum, records of the courses taught, subjects covered, and persons who have received instruction. Training records shall be made available to the Office upon request. A licensed agency shall maintain its training records at its regular place of business within the State of Vermont.
26 V.S.A. § 1652 — VT Code / Title 26 / Chapter 29 / Section 1652
§ 1652. Certification and rulemaking
Status: in_force

The Board shall certify anesthesiologist assistants, and the Commissioner of Health shall adopt rules regarding the training, practice, supervision, qualification, scope of practice, places of practice, and protocols for anesthesiologist assistants, and patient notification and consent.
26 V.S.A. § 2139 — VT Code / Title 26 / Chapter 38 / Section 2139
§ 2139. Data system
Status: in_force

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

(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

(1) identifying information;

(2) licensure data;

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

(4) nonconfidential information related to alternative program participation;

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

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

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

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

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

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
26 V.S.A. § 1615 — VT Code / Title 26 / Chapter 28 / Section 1615
§ 1615. Advanced practice registered nurses; regulatory authority; unprofessional conduct
Status: in_force

(a) In addition to the provisions of 3 V.S.A. § 129a and section 1582 of this chapter, the Board may deny an application for licensure, renewal, or reinstatement or may revoke, suspend, or otherwise discipline an advanced practice registered nurse upon due notice and opportunity for hearing if the person engages in the following conduct:

(1) Abandonment of a patient in violation of the duty to maintain a provider-patient relationship within the reasonable expectations of continuing care or referral.

(2) Solicitation of professional patronage by agents or persons or profiting from the acts of those representing themselves to be agents of the licensed APRN.

(3) Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing or referring a patient.

(4) Practice beyond those acts and situations that are within the limits of the knowledge and experience of the APRN, and, for an APRN who is practicing under a collaborative agreement, practice beyond those acts and situations that are within both the usual scope of the collaborating provider's practice and the terms of the collaborative agreement.

(5) For an APRN who acts as the collaborating provider for an APRN who is practicing under a collaboration agreement, allowing the mentored APRN to perform a medical act that is outside the usual scope of the mentor's own practice or that the mentored APRN is not qualified to perform by training or experience or that is not consistent with the requirements of this chapter and the rules of the Board.

(6) Except as otherwise provided in subsection (b) of this section, providing, prescribing, dispensing, or furnishing medical services or prescription medication or prescription-only devices to a person in response to any communication transmitted or received by computer or other electronic means when the licensee fails to take the following actions to establish and maintain a proper provider-patient relationship:

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

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

(C) maintenance of a current medical record.

(7) Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for his or her own use or for an immediate family member.

(8) Signing a blank or undated prescription form.

(9) Administering or promoting the sale of medication, devices, appliances, or other patient goods and services in a manner that exploits the patient.

(10) Selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.

(11) Agreeing with clinical or bioanalytical laboratories to make payments to such laboratories for individual tests or test series for patients, unless the APRN discloses on the bills to patients or third party payers the name of such laboratory, the amount or amounts to such laboratory for individual tests or test series, and the amount of his or her processing charge or procurement, if any, for each specimen taken.

(12) Willful misrepresentation in treatments.

(13) 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.

(b)(1) For the purposes of subdivision (a)(6) of this section, an electronic, online, or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient, except as otherwise provided in subdivision (2)(D) of this subsection.

(2) The following would not be in violation of subdivision (a)(6) of this section:

(A) initial admission orders for newly hospitalized patients;

(B) prescribing for a patient of another provider for whom the prescriber has taken call;

(C) prescribing for a patient examined by a licensed APRN, physician assistant, or other practitioner authorized by law and supported by the APRN;

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

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

(F) emergency situations where the life or health of the patient is in imminent danger.
26 V.S.A. § 2423 — VT Code / Title 26 / Chapter 44 / Section 2423
§ 2423. Licensing standards and procedures
Status: in_force

Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant's qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation.
26 V.S.A. § 3301 — VT Code / Title 26 / Chapter 67 / Section 3301
§ 3301. Unprofessional conduct of hearing aid dispensers
Status: in_force

(a) A licensee shall not engage in unprofessional conduct. When such conduct is committed by an applicant, it shall be grounds for denial of a license.

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

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

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

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

(A) advertising a particular type of hearing aid for sale when such aid is not for sale;

(B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment; or

(C) misrepresenting the licensee or the licensee's business by using the word “audiologist” or similar terms if such designation is not accurate;

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

(5) using undue influence or coercion in connection with the dispensing of hearing aids;

(6) providing or promoting the sale of goods or services to a person who cannot reasonably be expected to benefit from such services or goods;

(7) willfully failing to honor any representation, promise, agreement, or warranty to a consumer;

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

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

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

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

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

(10) discouraging consumers in any way from exercising their right to a refund within a 45-day trial period, unreasonably delaying payment of such refunds as may be due, or deducting amounts from refunds beyond those allowed by law;

(11) failing to inform a consumer prior to sale that a medical evaluation of hearing loss prior to purchasing a hearing aid is in the consumer's best health interest;

(12) engaging in fraud in connection with any state or federally assisted medical assistance programs.

(c) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may direct the Director to take disciplinary action against a licensed hearing aid dispenser or applicant.
26 V.S.A. § 1753 — VT Code / Title 26 / Chapter 33 / Section 1753
§ 1753. Exemptions
Status: in_force

(a) The provisions of subdivision 1752(a)(1) of this title, relating to practice, shall not apply to the following persons acting within the scope of their respective practices:

(1) A person licensed to practice medicine and surgery under chapter 23 of this title.

(2) A person licensed to practice chiropractic medicine under chapter 10 of this title.

(3) A physician assistant licensed or registered pursuant to chapter 31 of this title.

(4) A student who:

(A) 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 under this chapter;

(B) is engaged in an organized clinical training program;

(C) 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; and

(D) is not a postgraduate trainee who is otherwise required to obtain a training license.

(b) The provisions of subdivision 1752(a)(1) of this title shall not apply to any person or persons giving aid, assistance, or relief in emergency or accident cases, pending the arrival of a licensed physician or surgeon.

(c) The provisions of this chapter shall not apply to:

(1) a commissioned officer of the U.S. Armed Forces or Public Health Service when acting within the scope of his or her official duties;

(2) a nonresident licensed osteopathic physician or surgeon who is called to treat or to consult on a particular case in this State, provided he or she does not otherwise practice in this State; or

(3) an osteopathic 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.
26 V.S.A. § 3407 — VT Code / Title 26 / Chapter 75 / Section 3407
§ 3407. Licensure without examination
Status: in_force

(a) The Director may waive the examination requirement under subdivision 3405(2) of this chapter if the applicant is an acupuncturist regulated under the laws of another state who is in good standing to practice acupuncture in that state and, in the opinion of the Director, the standards and qualifications required for regulation of acupuncturists in that state are substantially equivalent to those required by this chapter.

(b) The Director may waive the examination requirement under subdivision 3405(2) of this chapter for an applicant who has furnished evidence of having passed the examination administered by the National Certification Commission for Acupuncture and Oriental Medicine.
26 V.S.A. § 3324 — VT Code / Title 26 / Chapter 69 / Section 3324
§ 3324. Record retention
Status: in_force

(a) A licensee or registrant shall retain all records related to an appraisal, review, or consulting assignment for not fewer than five years after preparation.

(b) A licensee or registrant shall retain records under this section that relate to a matter in litigation for two years after the litigation concludes or in conformance with the “Uniform Standards of Professional Appraisal Practice,” as promulgated by the Appraisal Standards Board of the Appraisal Foundation, whichever period is longer.

(c) Upon reasonable notice, a licensee or registrant shall provide to the Director for inspection and copying any records governed by this section.
26 V.S.A. § 1161 — VT Code / Title 26 / Chapter 20 / Section 1161
§ 1161. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Professional Engineering.

(2) “Professional engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, insofar as the service or work involves safeguarding life, health, or property. This includes consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land, air, and water and accomplishing engineering surveys and studies, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, control systems, fire protection systems, communication systems, transportation systems, projects, and equipment systems of a mechanical, electrical, hydraulic, pneumatic, chemical, or thermal nature.

(3) “Financial interest” means being:

(A) a licensed professional engineer;

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

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

(4) “Instruments of service” means project deliverables, such as reports, specifications, drawings, plans, construction documents, or engineering surveys, that have been prepared under the licensee's responsible charge.

(5) “Practice of professional engineering” means providing, attempting to provide, or offering to provide professional engineering services.

(6) A professional engineer in “private practice” means a professional engineer who owns, operates, or is employed by a business entity that derives a substantial part of its income from providing professional engineering services to the public.

(7) “Professional engineer” means a person licensed under this chapter.

(8) “Responsible charge” means direct control and personal supervision of engineering work.

(9) “Specialty discipline” means that area of professional engineering recognized by the Board as the area of expertise and practice for which a license is granted.

(10) “State” includes the United States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(11) “Unauthorized practice” means conduct prohibited by section 1162 of this chapter and not exempted by section 1163 of this chapter.
26 V.S.A. § 74 — VT Code / Title 26 / Chapter 1 / Section 74
§ 74. Firms; registration and ownership
Status: in_force

(a) A firm shall be required to obtain registration pursuant to this section if the firm:

(1) has an office established or maintained in this State for the practice of public accounting;

(2) has an office established or maintained in this State that uses the title “CPA” or “CPA firm”; or

(3) does not have an office in this State but performs services described in subdivision 13(1)(A)(i), (iii), or (iv) of this chapter for a client with a home office in this State.

(b) A firm that does not have an office in this State may perform those services set forth in subdivision 13(1)(A)(ii), 13(1)(A)(v), or 13(3) of this chapter for a client with a home office in this State, may otherwise practice public accounting as authorized under this chapter, and may use the title “CPA” or “CPA firm” without a registration issued only if the firm:

(1) meets the qualifications set forth in subsections (c) and (d) of this section;

(2) meets the requirements of subsection 75(c) of this chapter, as applicable; and

(3) performs services through an individual with practice privileges set forth under section 74c of this chapter.

(c) An applicant for initial registration or renewal under this section shall be required to show that, notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of equity, creditor and voting rights of all partners, officers, members, shareholders, or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, members, shareholders, or managers, whose principal place of business is in this State, and who perform professional services in this State, hold a valid license issued under this chapter. Although firms may include nonlicensee owners, the firm and its ownership must comply with the rules adopted by the Board.

(d) Any CPA or RPA firm as defined in this chapter may include nonlicensee owners, provided that:

(1) The firm designates a licensee of this State or, in the case of a firm that is required to have a registration pursuant to subsection (a) of this section, a licensee who meets the requirements set forth in section 74c of this chapter who is responsible for the proper registration of the firm, and identifies that individual to the Board.

(2) All nonlicensee owners are active individual participants in the CPA or RPA firm or affiliated entities.

(3) The firm complies with other requirements as the Board may impose by rule.

(e) Any individual licensee who is responsible for supervising attest services and signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the experience and competency requirements set out in the professional standards for such services.

(f) Any individual exercising practice privileges pursuant to section 74c of this chapter, and who is responsible for supervising attest services and signs or authorizes someone to sign the accountant's report on behalf of the firm, shall meet the experience and competency requirements set forth in the professional standards for those services.

(g) Each office in this State shall be under the supervision of a public accountant who is licensed in this State.
26 V.S.A. § 2041 — VT Code / Title 26 / Chapter 36 / Section 2041
§ 2041. Unlawful practice
Status: in_force

(a) It shall be unlawful for any person to engage in the practice of pharmacy unless licensed to so practice under the provisions of this chapter; provided, however, physicians, dentists, veterinarians, osteopaths, or other practitioners of the healing arts who are licensed under the laws of this State may dispense and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this State.

(b) Any person, including a business entity, violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 914 — VT Code / Title 26 / Chapter 15 / Section 914
§ 914. Members of Board; per diem and expenses
Status: in_force

Each appointed member of the Board is entitled to a per diem and expenses as provided in 32 V.S.A. § 1010.
26 V.S.A. § 3275o — VT Code / Title 26 / Chapter 65 / Section 3275o
§ 3275o. Binding effect of Compact and other laws
Status: in_force

(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.

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

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

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

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

(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
26 V.S.A. § 4922 — VT Code / Title 26 / Chapter 95 / Section 4922
§ 4922. Eligibility for licensure by examination as an assistant behavior analyst
Status: in_force

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

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

(2) Successfully complete an approved practicum or supervised experience in the practice of applied behavior analysis, totaling at least 1,000 hours over a period of not less than one calendar year, of which at least 50 hours are in direct one-to-one contact with a supervisor.

(3) Successfully complete, as defined by the Director, a nationally recognized examination adopted from the Behavior Analyst Certification Board and approved by the Director, related to the principles and practice of applied behavior analysis. This subdivision (3) shall not be construed to require the Director to develop or administer any examination.
26 V.S.A. § 4084 — VT Code / Title 26 / Chapter 78 / Section 4084
§ 4084. Unauthorized practice
Status: in_force

The provisions of 3 V.S.A. § 127, relating to unauthorized practice, shall apply to a psychotherapist who practices without being entered on the Roster.
26 V.S.A. § 4928 — VT Code / Title 26 / Chapter 95 / Section 4928
§ 4928. Scope of practice of applied behavior analysts
Status: in_force

(a) A person licensed under this chapter shall only engage in the practice of applied behavior analysis upon, and within the scope of, a referral from a licensed health professional or school official duly authorized to make such a referral.

(b) The practice of applied behavior analysis shall not include psychological testing, neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations, hypnotherapy, or academic teaching by college or university faculty.
26 V.S.A. § 15 — VT Code / Title 26 / Chapter 1 / Section 15
§ 15. Exemptions
Status: in_force

Nothing in this chapter shall prohibit:

(1) A federal, State, or municipal officer or employee from performing the lawful functions and duties of any office or service required.

(2) An officer, employee, partner, or principal of any organization from:

(A) signing a statement or report in reference to the affairs of that organization, with wording designating the title held in the organization; or

(B) describing himself or herself by title.

(3) A person from offering or rendering to the public bookkeeping and tax services, including devising and installing systems, recording and presenting financial information or data, preparing financial statements, schedules, reports, and exhibits, and similar services.

(4) An individual person from using a title previously held as a public accountant licensed or certified in this or any other state, provided that the person's license or certificate was not revoked or suspended, and provided further that the person is not currently engaged in the practice of public accounting and does not use the title for the purpose of practicing public accounting.

(5) Other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.

(6) A firm, which does not hold a valid registration under section 74 of this title and which does not have an office in this State, from providing its professional services and from practicing public accounting in this State as long as the firm complies with the requirements of subsection 74(b) of this title.
26 V.S.A. § 2905 — VT Code / Title 26 / Chapter 53 / Section 2905
§ 2905. Application for license or internship license
Status: in_force

An application for a polygraph operator's license or an internship license shall be made to the Commissioner in writing under oath on forms prescribed by him or her and shall be accompanied by the required nonrefundable fee.
26 V.S.A. § 1095 — VT Code / Title 26 / Chapter 19 / Section 1095
§ 1095. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125.
26 V.S.A. § 3006 — VT Code / Title 26 / Chapter 55 / Section 3006
§ 3006. Board; establishment
Status: in_force

The Board of Psychological Examiners is established, which shall consist of five members. The Board shall be composed of three licensed psychologists and two other persons who are consumers but neither of whom are psychologists. Consumer members shall have no financial interest in the practice of psychology, either personally or through a spouse, parent, child, brother, or sister. At least one but not more than two of the psychologists shall represent the practice of psychology within the Agency of Human Services or a community mental health center. All members of the Board shall have been residents of the State of Vermont for at least two years prior to their appointment to the Board. When a person who is an employee of or under contract with a community mental health center is subject to disciplinary action and the Agency of Human Services member or the community mental health center member has a conflict of interest, the Secretary of State shall appoint a psychologist who is an employee of another community mental health center to serve as an ad hoc member of the Board.
26 V.S.A. § 2143 — VT Code / Title 26 / Chapter 38 / Section 2143
§ 2143. Construction and severability
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
26 V.S.A. § 2402 — VT Code / Title 26 / Chapter 44 / Section 2402
§ 2402. Prohibition; offenses
Status: in_force

(a) No person shall:

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

(2) use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a veterinarian unless the person is a graduate of a school of veterinary medicine;

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

(4) transfer a license to practice veterinary medicine; or

(5) violate any of the provisions of this chapter.

(b) A person who violates subdivision (a)(1), (2), or (3) of this section or who obtains a license by fraud or misrepresentation shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 1791 — VT Code / Title 26 / Chapter 33 / Section 1791
§ 1791. Composition of the Board; qualifications; term of office
Status: repealed

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

(b)(1) Three members of the Board shall be osteopathic physicians licensed and in good standing in this State who are graduates of an accredited school of osteopathic medicine and who reside and have resided and actively practiced osteopathic medicine in this State during the two years immediately preceding their appointments.

(2) Two members shall be public members. A public member shall not have a financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as a consumer or possible consumer of osteopathic medical services.

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

(d), (e) [Repealed.]
26 V.S.A. § 1271 — VT Code / Title 26 / Chapter 21 / Section 1271
§ 1271. Prepaid arrangements
Status: in_force

A funeral establishment that sells services or merchandise that is not to be delivered or provided within 30 days of sale has entered into a prepaid funeral arrangement and shall comply with the requirements of this subchapter.
26 V.S.A. § 6032 — VT Code / Title 26 / Chapter 109 / Section 6032
§ 6032. Participants
Status: in_force

(a) No individual shall participate, either directly or indirectly, as a participant in a mixed martial arts event, including a sole match, in the State without first having obtained a license from the Office.

(b) A fee may be assessed for a participant license in accordance with section 6033 of this subchapter.

(c) Every participant licensed in accordance with this subchapter shall be subject to the rules adopted by the Director.

(1) An individual who wants to be licensed under this section shall apply for a participant license in the manner specified by the Director in rules adopted in accordance with this subchapter, accompanied by payment of the required fee.

(2) Licenses shall be renewed every two years on a date set by the Director in rules adopted in accordance with this subchapter. Licensees shall be subject to the provisions of this subchapter and to all rules adopted in accordance with this subchapter.
26 V.S.A. § 5601 — VT Code / Title 26 / Chapter 107 / Section 5601
§ 5601. Definitions
Status: in_force

As used in this chapter:

(1) “Department” means the Department of Environmental Conservation.

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

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

(4) “Qualifying individual” means an individual holding a well-driller license issued in accordance with this chapter who is designated to oversee and be responsible for the well drilling operations of a business, governmental entity, or other entity engaged in performing an activity established under subdivision 5601(6) of this chapter.

(5) “Well” means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth's subsurface.

(6) “Well driller” refers to a person engaged in the business of performing activities within one or both of the following classes:

(A) Water well driller. This class shall consist of any person engaged in the business of constructing wells for the purpose of locating, extracting, or recharging groundwater or for the purpose of transferring heat to or from the earth's subsurface.

(B) Monitoring well driller. This class shall consist of any person engaged in the business of constructing, servicing, or closing wells drilled for the purpose of monitoring groundwater quantity or quality.
26 V.S.A. § 276a — VT Code / Title 26 / Chapter 6 / Section 276a
§ 276a. Advisor appointees
Status: in_force

(a)(1) The Secretary of State shall appoint one barber, one cosmetologist, one esthetician, and one nail technician for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to barbering and cosmetology. At least one of the initial appointments shall be for less than a five-year term.

(2) An appointee shall have not less than three years' experience as a barber or cosmetologist immediately preceding appointment; shall be licensed as a barber or cosmetologist in Vermont; and shall be actively engaged in the practice of barbering or cosmetology in this State during incumbency.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.
26 V.S.A. § 3366 — VT Code / Title 26 / Chapter 71 / Section 3366
§ 3366. Purpose
Status: in_force

The purpose of this Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:

(1) increase public access to Occupational Therapy services by providing for the mutual recognition of other member state licenses;

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

(3) encourage the cooperation of member states in regulating multistate Occupational Therapy Practice;

(4) support spouses of relocating military members;

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

(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and

(7) facilitate the use of telehealth technology in order to increase access to Occupational Therapy services.
26 V.S.A. § 2623 — VT Code / Title 26 / Chapter 46 / Section 2623
§ 2623. Applications
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, experience, and other pertinent information and shall be accompanied by the required fee.
26 V.S.A. § 1712 — VT Code / Title 26 / Chapter 30 / Section 1712
§ 1712. License required
Status: in_force

(a) No person may practice optometry in this State who is not licensed under this chapter.

(b) Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant's qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation.

(c) If a licensee has a principal place of business for a licensed occupation, a license shall be prominently displayed at that place.

(d) Licenses may not be transferred.

(e) No persons may use the title “doctor of optometry,” “optometrist,” or any substantially equivalent title unless he or she is licensed under this chapter.

(f) Nothing contained in subsection (a) of this section shall prevent a student from providing optometric services:

(1) under the on-site supervision of a licensed optometrist or ophthalmologist at a State hospital;

(2) as part of an optometric clinical program under the on-site supervision of a licensed optometry instructor of a school of optometry, a college, or an optometry department of a university recognized by the Board; or

(3) as a student intern in a hospital under the on-site supervision of a licensed optometrist or ophthalmologist.
26 V.S.A. § 5509 — VT Code / Title 26 / Chapter 106 / Section 5509
§ 5509. Requirements of registrants
Status: in_force

(a) Insurance. A person registered under this chapter shall maintain minimum liability insurance coverage in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, evidence of which may be required as a precondition to issuance or renewal of a registration.

(b) Writing.

(1) A person registered under this chapter shall execute a written contract prior to receiving a deposit or commencing residential construction work if the estimated value of the labor and materials exceeds $10,000.00.

(2) A contract shall specify:

(A) Price. One of the following provisions for the price of the contract:

(i) a maximum price for all work and materials;

(ii) a statement that billing and payment will be made on a time and materials basis, not to exceed a maximum price; or

(iii) a statement that billing and payment will be made on a time and materials basis and that there is no maximum price.

(B) Work dates. Estimated start and completion dates.

(C) Scope of work. A description of the services to be performed and a description of the materials to be used.

(D) Change order provision. A description of how and when amendments to the contract may be approved and documented, as agreed by the parties.

(3) The parties shall document an amendment to the contract in a signed writing.

(c) Down payment.

(1) If a contract specifies a maximum price for all work and materials or a statement that billing and payment will be made on a time and materials basis, not to exceed a maximum price, the contract may require a down payment of up to one-half of the cost of labor to the consumer, or one-half of the price of materials, whichever is greater.

(2) If a contract specifies that billing and payment will be made on a time and materials basis and that there is no maximum price, the contract may require a down payment as negotiated by the parties.
26 V.S.A. § 2063 — VT Code / Title 26 / Chapter 36 / Section 2063
§ 2063. Notifications
Status: in_force

(a) All licensed drug outlets shall report to the Board of Pharmacy within 48 hours the occurrence of any of the following changes:

(1) permanent closing;

(2) change of ownership, management, location, or pharmacist manager; or

(3) any and all other matters and occurrences as the Board may properly require by rule.

(b) Disasters, thefts, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, legend devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease shall be immediately reported to the Board.
26 V.S.A. § 4033 — VT Code / Title 26 / Chapter 76 / Section 4033
§ 4033. Prohibition; penalty
Status: in_force

(a) No person shall practice or attempt to practice marriage and family therapy, nor shall any person use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a licensed marriage and family therapist unless licensed in accordance with this chapter.

(b) A person who violates subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
26 V.S.A. § 535 — VT Code / Title 26 / Chapter 10 / Section 535
§ 535. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 2021 — VT Code / Title 26 / Chapter 36 / Section 2021
§ 2021. Statement of purpose
Status: in_force

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale, and distribution of drugs, medications, and other such materials as may be used in the diagnosis and treatment of injury, illness, and disease.
26 V.S.A. § 281 — VT Code / Title 26 / Chapter 6 / Section 281
§ 281. Postsecondary school of barbering and cosmetology; certificate of approval
Status: in_force

(a) A school of barbering or cosmetology shall not be granted a certificate of approval unless the school:

(1) Is a postsecondary school operating a program of professional education.

(2) Employs and maintains a sufficient number of competent instructors and has apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum.

(3) Maintains a daily record of the attendance of each student and regular class and instruction hours, establishes grades, and holds examinations before issuing diplomas.

(4) Requires a school term of training consistent with formal training requirements established by rule, which shall include practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, and the use of appliances, devices, treatments, preparations relevant to the field of licensure, and training on the care, styling, and treatment of textured hair. For purposes of this subdivision, “textured hair” means hair that is coiled, curly, or wavy. The training on the care, styling, and treatment of textured hair shall include:

(A) techniques for cutting, styling, and chemical treatments for textured hair;

(B) knowledge of products and tools specifically designed for textured hair;

(C) best practices for hair health and scalp care for clients with textured hair; and

(D) cultural competency and historical education on the significance of textured hair in diverse communities.

(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without a certificate of approval from the Director, and State correctional facilities may offer courses of instruction in barbering and cosmetology without a certificate of approval from the Director; however, hours for licensing shall only be given for courses that meet the Director's standards for courses offered in postsecondary schools of barbering or cosmetology certified by the Director.

(c) A school of barbering or cosmetology shall not require, as a condition of training for licensure, that a person enter into a covenant not to compete with the training organization or an affiliate.
26 V.S.A. § 895 — VT Code / Title 26 / Chapter 15 / Section 895
§ 895. Issuance of order by Commissioner
Status: in_force

If the Commissioner finds a violation of the rules adopted under section 891 of this title or that the structure is not in substantial compliance with the safety requirements of the Department for that structure, the Commissioner may issue an order directing the owner of the premises in which the violation is found, or the owner's agent and the person doing the work, to correct or remove the violation, withdraw validation of the work notice, or order the owner, any public utility, or any private party furnishing electricity to such installation to not connect or disconnect electrical energy from all or any portion of the electrical system until the cited violation is removed or corrected. The Commissioner may order any one or a combination of these options in order to effect compliance.
26 V.S.A. § 2433 — VT Code / Title 26 / Chapter 44 / Section 2433
§ 2433. Veterinarian-client-patient relationship; veterinarian of record
Status: in_force

(a) The veterinarian-client-patient relationship (VCPR) exists when all of the following conditions have been met:

(1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of one or more animals and the need for medical treatment, and the client, who is the owner of the animals or their caretaker, has agreed to follow the veterinarian's instructions;

(2) The veterinarian has sufficient knowledge of those animals to initiate at least a general or preliminary diagnosis of the medical condition of the animals. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animals by virtue of an examination of the animals or by medically appropriate and timely visits to the premises where the animals are kept; and

(3) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation of those animals in the event of adverse reactions or failure of the treatment regimen.

(b) Only a licensed veterinarian with a valid VCPR may:

(1) authorize the dispensing of veterinary prescription drugs;

(2) issue a valid veterinary feed directive;

(3) authorize drug distributors to deliver veterinary prescription drugs to a specific client; or

(4) prescribe, order, or otherwise authorize a pharmacist to dispense veterinary prescription drugs to a specific client.

(c)(1) The veterinarian of record (VOR) is the food animal veterinarian responsible for providing appropriate oversight of drug use on a farm premises for specific animals or group of animals.

(2) If more than one veterinarian or veterinary practice has a working relationship on a farm premises, then the VCPR agreement shall establish which veterinarian has the responsibility for specific animals or animal groups.

(3) A veterinarian who is not the VOR, when providing professional services, is responsible for making provisions for emergency follow-up care and must notify the VOR of his or her findings and recommendations.

(d) Prescriptions from veterinarians are subject to Vermont prescription drug cost containment statutes set forth in 18 V.S.A. chapter 91.

(e) Establishment of a VCPR for the sole purpose of the sale of drugs or increased sales of a particular brand of drug product is not a valid or ethical reason for having a VCPR.
26 V.S.A. § 1615a — VT Code / Title 26 / Chapter 28 / Section 1615a
§ 1615a. APRN subcommittee
Status: in_force

(a) The Board shall appoint a subcommittee to study and report to the Board on matters relating to advanced practice registered nurse practice.

(b) The subcommittee shall be composed of at least five members.

(1) The majority shall be advanced practice registered nurses who are licensed and in good standing in this State.

(2) At least one member shall be a member of the public, and at least one member shall be a physician designated by the Board of Medical Practice.

(c) Members of the subcommittee shall be entitled to compensation and reimbursement of expenses as provided in 32 V.S.A. § 1010.
26 V.S.A. § 3376 — VT Code / Title 26 / Chapter 71 / Section 3376
§ 3376. 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 that may affect the powers, responsibilities, or actions of the Commission.

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

(b) Default, technical assistance, and termination.

(1) If the Commission determines that a 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 United States 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 nonmember 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. § 204 — VT Code / Title 26 / Chapter 3 / Section 204
§ 204. Licenses generally
Status: in_force

The Board shall upon payment of the fees prescribed in this chapter, license any applicant who, in the opinion of the Board, has satisfactorily met all the requirements of this chapter. Certificates of licensure shall bear a serial number and the full name of the licensee, and shall bear the signatures of the Chair, the Secretary of the Board, and the seal of the Board.
26 V.S.A. § 565 — VT Code / Title 26 / Chapter 12 / Section 565
§ 565. Display of license or registration
Status: in_force

Every dentist, dental therapist, dental hygienist, and dental assistant shall display a copy of his or her current license or registration at each place of practice and in such a manner so as to be easily seen and read.
26 V.S.A. § 3235a — VT Code / Title 26 / Chapter 62 / Section 3235a
§ 3235a. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint three individuals licensed under this chapter to serve as advisors in matters relating to alcohol and drug abuse counselors. Advisors shall be appointed as set forth in 3 V.S.A. § 129b. Two of the initial appointments may be for less than a full term.

(b) Appointees shall not have less than three years' licensed experience as an alcohol and drug abuse counselor in Vermont.

(c) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter.
26 V.S.A. § 1420q — VT Code / Title 26 / Chapter 23 / Section 1420q
§ 1420q. Enforcement of Interstate Compact
Status: in_force

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

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

(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
26 V.S.A. § 2431 — VT Code / Title 26 / Chapter 44 / Section 2431
§ 2431. Unprofessional conduct
Status: in_force

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

(b) Unprofessional conduct means:

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

(2) conduct that evidences moral unfitness to practice the occupation;

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

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

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

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

(c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. Discipline against an applicant may be a warning, a reprimand, suspension of a license for a specific period of time, or permanent revocation or denial of license.
26 V.S.A. § 2624 — VT Code / Title 26 / Chapter 46 / Section 2624
§ 2624. Qualifications
Status: in_force

(a) A person shall be eligible for licensure as a landscape architect if the person qualifies under one of the following provisions:

(1) Comity or endorsement. A person holding a registration or license to engage in the practice of landscape architecture issued on the basis of an examination administered by the Council of Landscape Architectural Registration Boards, by the appropriate regulatory authority of a state, territory, or possession of the United States, the District of Columbia, or another country based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter may be examined on landscape architecture matters peculiar to Vermont and granted a license at the discretion of the Director. The Director shall accept evidence that an applicant holds a valid certificate from the Council of Landscape Architectural Registration Boards as proof of qualification for licensure under this subdivision.

(2) Graduation and examination. An applicant who has graduated, having completed a landscape architecture curriculum approved by the Landscape Architectural Accreditation Board, followed by at least three years of diversified experience in landscape architecture under the supervision of a licensed, registered, or certified landscape architect and who has passed an examination administered by the Council of Landscape Architectural Registration Boards may be granted a license. The Director may accept experience received under the supervision of a licensed or registered architect, professional engineer, or land surveyor for one year of the experience required under this subdivision. All applicants shall have at least two years of experience under the supervision of a licensed, certified, or registered landscape architect.

(3) Experience and examination. An applicant who has completed nine or more years' diversified experience in landscape architecture under the supervision of a licensed, certified, or registered landscape architect and who has passed an examination administered by the Council of Landscape Architectural Review Boards may be granted a license. Experience received under the supervision of a licensed or registered architect, professional engineer, or land surveyor may be substituted for no more than three years of this requirement. Credits from a landscape architecture program accredited by the Landscape Architectural Accreditation Board may be substituted for up to no more than three years of this requirement.

(b) Upon application for licensure, an applicant qualifying for licensure under subdivision (a)(2) or (3) of this section shall file a report with the Director certifying the practical experience requirements completed. The Director shall certify that, to the best of the Director's knowledge, the report is correct.

(c) An applicant may submit experience accrued for a period of three years in the practice of landscape architecture, as defined in subdivision 2611(5) of this title, in order to meet the experience requirements set forth in subsection (a) of this section if the experience was obtained in Vermont on or before December 31, 2011. Evidence of experience shall be reviewed and approved by the Director.

(d) An applicant qualifying for licensure under subdivision (a)(2) or (3) of this section shall pass a written examination administered by the Council of Landscape Architectural Boards on technical and professional subjects as may be prescribed by the Council of Landscape Architectural Boards. Applicants may apply for examination before completing the experience requirement as long as the experience requirements will be fulfilled by the examination date. Notification of the results of examinations shall be mailed to each candidate within 30 days of the date the results are received by the Director. A candidate failing to pass the examination may apply for reexamination and may sit for a 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 has previously passed. No license shall be granted to an applicant until he or she passes all sections of the exam.

(e) Licensing standards and procedures adopted by the Director by rule shall be fair and reasonable. Those standards and procedures shall be designed and implemented to ensure that all applicants are admitted to practice unless there is a good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, or welfare. Licensing standards shall not be designed or implemented for the purpose of limiting the number of licensed landscape architects.
26 V.S.A. § 3404 — VT Code / Title 26 / Chapter 75 / Section 3404
§ 3404. Advisor appointees
Status: in_force

(a)(1) The Secretary of State shall appoint two licensed acupuncturists to serve as advisors in matters relating to acupuncture as set forth in 3 V.S.A. § 129b.

(2) Appointees shall have at least three years' experience as an acupuncturist immediately preceding appointment and shall be actively engaged in the practice of acupuncture in Vermont during incumbency.

(b) The Director shall seek the advice of the acupuncturist advisors in carrying out the provisions of this chapter.
26 V.S.A. § 2086 — VT Code / Title 26 / Chapter 38 / Section 2086
§ 2086. Patient care management
Status: in_force

(a) A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients. The Director of the Office of Professional Regulation shall identify by rule physical therapy services that only a physical therapist may perform. At a minimum, a physical therapist shall provide:

(1) the initial examination and documentation for each of his or her patients;

(2) periodic reexamination and documentation of each of his or her patients;

(3) the documented discharge of the patient, including the response to therapeutic intervention at the time of discharge.

(b) A physical therapist shall ensure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction or supervision.

(c) For each of his or her patients on each date of treatment, a physical therapist shall provide all of the therapeutic intervention that requires the expertise of a physical therapist and shall determine the use of physical therapist assistants or physical therapy aides who provide for the delivery of care that is safe, effective, and efficient, provided the assigned acts, tasks, or procedures do not exceed the person's education or training and provided:

(1) A physical therapist assistant shall work under a physical therapist's supervision. A physical therapist assistant may document care pursuant to the existing treatment plan from the supervising physical therapist.

(2) A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the on-site supervision of a physical therapist who is continuously on site and present at the facility, who is immediately available to assist the person being supervised in the services being performed, and who maintains continued involvement in appropriate aspects of each treatment session in which a component of treatment is assigned. This supervision by the physical therapist may extend to off-site supervision of the aide only when the physical therapy aide is accompanying and working directly with a physical therapist assistant with a specific patient or when performing nonpatient-related tasks.

(d) A physical therapist's responsibility for patient care management shall include accurate documentation of and billing for the services provided.

(e) A physical therapist shall be responsible for communicating the status of a patient's progress and other relevant information to the patient's referring health care professional unless the patient declines to authorize release of the patient's physical therapy records.
26 V.S.A. § 2593 — VT Code / Title 26 / Chapter 45 / Section 2593
§ 2593. Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability
Status: in_force

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

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

(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the land surveyor may practice shall be jointly and severally liable with the land surveyor for work performed.
26 V.S.A. § 2172 — VT Code / Title 26 / Chapter 39 / Section 2172
§ 2172. Definitions
Status: in_force

The following words and phrases when used in this chapter shall be construed as follows:

(1) “Public water system” or “public sewerage disposal system” means any system supplying or serving 15 or more customers, each family, tenement, store, or other establishment being considered a single customer.

(2) “Master plumber” means any person, licensed under this chapter, that, as a business, installs plumbing systems, hires or employs a person or persons to do plumbing work, or supervises journey plumbers or apprentice plumbers in completion of their work.

(3) “Journeyman plumber” means any person licensed under this chapter who installs plumbing and water treatment or heating specialties under the direction of a master plumber. A journeyman plumber may supervise an apprentice employed by a master plumber and under the master plumber's direction. A journeyman plumber shall not act as a master plumber.

(4) “Apprentice plumber” means any person, employed by a master plumber or under the direction of a master plumber or a journeyman plumber, who is engaged in learning and assisting in the installation of plumbing and water treatment or heating specialties under an apprenticeship program properly registered with the Vermont Apprenticeship Council. An apprentice plumber shall be supervised on the job by either a master or a journeyman plumber.

(5) “Plumbing” is the art of installing pipes, fixtures, and other apparatus for bringing in the water supply and removing liquid and water carried wastes and drainage venting systems within or on any building or structure.

(6) “Board” means the Plumber's Examining Board created under this chapter.

(7) “State plumbing inspector” means a master plumber or duly qualified employee of the Department designated to enforce the rules and regulations pursuant to this chapter.

(8) “Municipal inspector” means a plumbing inspector authorized to conduct municipal inspections pursuant to this chapter.

(9) “Specialist” means any person licensed under this chapter who performs work in connection with water treatment and heating, or both, or performs that work as a principal business or an auxiliary to a principal business for the person's own account as designated on the person's license.

(10) “Commissioner” means the Commissioner of Public Safety.

(11) “Legislative body” means the selectboard, the alderboard, city council, or board of trustees of a municipality or an incorporated village.

(12) “Work notice” means the notice required to be filed under this chapter by a licensee prior to commencement of work. (1959, No. 215, § 2, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 2; 2005, No. 8, § 10, eff. April 25, 2005.)
26 V.S.A. § 1420h — VT Code / Title 26 / Chapter 23 / Section 1420h
§ 1420h. Coordinated information system
Status: in_force

(a) The Interstate Commission shall establish a database of all physicians licensed or who have applied for licensure under section 1420e of this subchapter.

(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.

(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
26 V.S.A. § 4093 — VT Code / Title 26 / Chapter 78 / Section 4093
§ 4093. Unprofessional conduct
Status: in_force

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

(1) Providing fraudulent or deceptive information in an application for entry on the Roster.

(2) Conviction of a crime that evinces an unfitness to practice psychotherapy.

(3) Unauthorized use of a protected title in professional activity.

(4) Conduct that evidences moral unfitness to practice psychotherapy.

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

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

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

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

(b) After hearing, and upon a finding of unprofessional conduct, the Board may take disciplinary action against a rostered psychotherapist or an applicant.
26 V.S.A. § 2804 — VT Code / Title 26 / Chapter 51 / Section 2804
§ 2804. Competency requirement of certain licensed practitioners
Status: in_force

(a) Unless the requirements of subdivision 2803(1) of this chapter have been satisfied, a licensed practitioner shall not apply ionizing radiation to human beings without first having satisfied the Director of his or her competency to do so.

(b) The Director shall:

(1) consult with the appropriate licensing boards concerning suitable performance standards; and

(2) by rule, provide for periodic recertification of competency.

(c) A person subject to the provisions of this section shall be subject to the fees established under subdivisions 2814(4) and (5) of this chapter.

(d) This section does not apply to radiologists who are certified or eligible for certification by the American Board of Radiology, nuclear cardiologists who are certified or eligible for certification by the Certification Board of Nuclear Cardiology, or interventional cardiologists and electrophysiologists who are certified or eligible for certification by the American Board of Internal Medicine.
26 V.S.A. § 6001 — VT Code / Title 26 / Chapter 109 / Section 6001
§ 6001. Definitions
Status: in_force

As used in this subchapter:

(1) “Boxer” means an individual who participates in a boxing match.

(2) “Boxing match” or “match” means a contest or training exhibition for a prize or purse where an admission fee is charged and where individuals score points by striking the head and upper torso of an opponent with padded fists. An amateur match is a match held under the supervision of a school, college, or university; under the supervision of United States Amateur Boxing, Inc. or its successor as the nationally designated governing body for amateur boxing; or, for any other amateur match, under the supervision of a nationally designated governing body. All other matches shall be considered professional matches.

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

(4) “Disciplinary action” includes any action by the administrative law officer appointed under 3 V.S.A. § 129, premised upon a finding of wrongdoing. It includes all sanctions of any kind, including denying, suspending, or revoking a registration and issuing warnings.

(5) “Health care provider” means a health care practitioner licensed in Vermont who is permitted under the practitioner's statutory or regulatory scope of practice to conduct the types of examinations set forth in this subchapter.

(6) “Manager” means a person who receives compensation for service as an agent or representative of a professional boxer.

(7) “National Boxer Registry” means an entity certified by the Association of Boxing Commissions for the purpose of maintaining records for the identification of professional boxers and for tracking their records and suspensions.

(8) “Participant” means managers, seconds, referees, and judges in a professional boxing match.

(9) “Promoter” means a person that organizes, holds, advertises, or otherwise conducts a professional boxing match.
26 V.S.A. § 5303 — VT Code / Title 26 / Chapter 103 / Section 5303
§ 5303. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).
26 V.S.A. § 4102 — VT Code / Title 26 / Chapter 79 / Section 4102
§ 4102. Prohibitions
Status: in_force

(a) A person shall not practice tattooing, permanent cosmetics, or body piercing unless that person is licensed in accordance with the provisions of this chapter.

(b) A person under 18 years of age shall not practice tattooing, permanent cosmetics, or body piercing.

(c) A tattooist shall not tattoo a minor without the written consent of the parent or guardian of the minor.

(d) A person who violates any of the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127.
26 V.S.A. § 4160 — VT Code / Title 26 / Chapter 83 / Section 4160
§ 4160. Coordination of practice acts
Status: in_force

Notwithstanding any provision of law to the contrary, the practice of athletic training by a person licensed under this chapter shall not constitute unauthorized practice of any other profession regulated under this title, provided the person is acting within the scope of his or her profession as an athletic trainer and does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed or certified. Nothing in this chapter shall be construed to prevent persons licensed as athletic trainers from performing patient care activities under the supervision of licensed health care providers.
26 V.S.A. § 6034 — VT Code / Title 26 / Chapter 109 / Section 6034
§ 6034. Renewal
Status: in_force

(a) General provisions. A licensee shall apply to renew the license prior to the expiration of the current license. The Director shall send a reminder to licensees prior to the expiration of their licenses. The Office may charge, in addition to the license fee, a late fee to licensees who do not apply to renew a license until after the license is expired.

(b) Renewal deadlines.

(1) Licenses for participants and promoters shall be renewed every two years upon payment of the required fees and in accordance with rules adopted under this subchapter.

(2) Licenses for contestants shall be renewed every year upon payment of the required fees and in accordance with rules adopted under this subchapter.
26 V.S.A. § 1071 — VT Code / Title 26 / Chapter 19 / Section 1071
§ 1071. Duties of the Director
Status: in_force

(a) The Director shall:

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

(2) receive applications for licensure and issue 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 property inspectors 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 and may adopt rules establishing standards of practice for the profession.
26 V.S.A. § 4408 — VT Code / Title 26 / Chapter 86 / Section 4408
§ 4408. Application
Status: in_force

A person who desires to be licensed as an electrologist shall apply to the Director in writing, on a form furnished by the Director, accompanied by payment of a fee required pursuant to section 4412 of this title and evidence that the applicant meets the requirements set forth in section 4406 of this title.
26 V.S.A. § 2107 — VT Code / Title 26 / Chapter 38 / Section 2107
§ 2107. Renewals
Status: in_force

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

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

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

(d) The Director shall establish continuing competence requirements by rule as a condition of licensure renewal.
26 V.S.A. § 2171 — VT Code / Title 26 / Chapter 39 / Section 2171
§ 2171. Purpose
Status: in_force

The purpose of this chapter is to protect and improve the general health and welfare of the people of the State of Vermont in the fields of environmental sanitation, water treatment, domestic supply, and hydronically related hot water heating, by authorizing and enforcing rules and regulations for properly designed, acceptably installed, and adequately maintained plumbing, water treatment, and hydronically related water heating systems and by licensing qualified plumbers and qualified heating and water treatment specialists. (1959, No. 215, § 1, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 1.)
26 V.S.A. § 73 — VT Code / Title 26 / Chapter 1 / Section 73
§ 73. Corporations practicing public accounting
Status: in_force

A corporation, limited liability company, partnership, or other business organization engaged in the practice of public accounting may be disciplined by the Board for the unprofessional conduct of its officers, directors, managers, members, partners, shareholders, and employees. Disciplinary action against a corporation, limited liability company, partnership, or other business organization may include recommending to the Secretary of State that involuntary dissolution proceedings be begun.
26 V.S.A. § 2622 — VT Code / Title 26 / Chapter 46 / Section 2622
§ 2622. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two landscape architects for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to landscape architecture. One of the initial appointments may be for less than a five-year term. An appointee shall have not less than three years' experience as a landscape architect immediately preceding appointment, shall be licensed as a landscape architect in Vermont or be in the process of applying for licensure, and shall be actively engaged in the practice of landscape architecture in this State during incumbency.

(b) The Director shall seek the advice of the landscape architect advisors in carrying out the provisions of this chapter.
26 V.S.A. § 2621 — VT Code / Title 26 / Chapter 46 / Section 2621
§ 2621. Office of Professional Regulation
Status: in_force

(a) The Director shall:

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

(2) explain appeal procedures to licensed landscape architects 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; and renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

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

(b) The Director may adopt rules necessary to perform his or her duties under this section.
26 V.S.A. § 3052 — VT Code / Title 26 / Chapter 56 / Section 3052
§ 3052. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Medical Practice.

(2) “Health care professional” means an individual who holds a valid license, certificate, or registration to provide health care services in any other U.S. jurisdiction in a health care profession listed in section 3051 of this chapter.

(3) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(4) “In good standing” means that a health care professional holds an active license, certificate, or registration from another U.S. jurisdiction; the health care professional is not subject to a disciplinary order that conditions, suspends, or otherwise restricts the professional's practice in any other U.S. jurisdiction; and the health care professional is not affirmatively barred from practice in Vermont for any reason, including reasons of fraud or abuse, patient care, or public safety.

(5) “Mandatory disclosure” means the information that the health care professional must disclose to the patient at the initial telehealth visit or consultation, as determined by the relevant regulatory body by rule.

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

(7) “Store and forward” means an asynchronous transmission of medical information, such as one or more video clips, audio clips, still images, x-rays, magnetic resonance imaging scans, electrocardiograms, electroencephalograms, or laboratory results, sent over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 to be reviewed at a later date by a health care provider at a distant site who is trained in the relevant specialty. In store and forward, the health care provider at the distant site reviews the medical information without the patient present in real time and communicates a care plan or treatment recommendation back to the patient or referring provider, or both.

(8) “Telehealth” means health care services delivered by telemedicine, store and forward, or audio-only telephone.

(9) “Telemedicine” means the delivery of health care services, such as diagnosis, consultation, or treatment, through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
26 V.S.A. § 2909 — VT Code / Title 26 / Chapter 53 / Section 2909
§ 2909. Penalty
Status: in_force

Any person who violates a provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both.
26 V.S.A. § 1574 — VT Code / Title 26 / Chapter 28 / Section 1574
§ 1574. Powers and duties
Status: repealed

(a) In addition to the powers granted by 3 V.S.A. § 129, the Board shall:

(1) Hold annual meetings at which it shall elect a chair, a vice chair, and a secretary from its members; and hold such other meetings as may be deemed necessary to transact its business.

(2) Adopt rules necessary to perform its duties under this chapter.

(3) Adopt rules setting standards for approval of medication nursing assistant and nursing education programs in Vermont, including all clinical facilities. The Board may require reimbursement for actual and necessary costs incurred for site surveys.

(A) After an opportunity for a hearing, the Board may deny or withdraw approval or take lesser action when a program fails to meet the rules requirements.

(B) The Board may reinstate a program whose approval has been denied or withdrawn when the Board is satisfied that deficiencies have been remedied and the requirements have been met.

(C) Standards for nursing education programs and clinical facilities shall:

(i) rely upon the standards of recognized national accrediting bodies without duplicating the function of those bodies;

(ii) call for the annual reporting of data, including graduation rates and examination pass rates, appropriate to verify that programs are capable of meeting national standards and sustaining responsible operation in the interests of the public; and

(iii) be waivable by the Director of Professional Regulation if the Director finds that a program has exhausted reasonable efforts to comply and that such waiver will not compromise a program's educational integrity.

(4) [Repealed.]

(5) Adopt rules setting standards required for licensure as a nursing assistant, practical nurse, registered nurse, or advanced practice registered nurse, and for endorsement of those nurses in special areas of nursing practice that require additional education and experience.

(6) Examine, license, and renew the licenses of duly qualified applicants and keep a record of all persons currently licensed as nursing assistants, practical nurses, registered nurses, and advanced practice registered nurses.

(7) Adopt rules setting continued competency and ongoing practice requirements for licensure and renewal.

(8) Adopt rules for and approve education programs for the benefit of nurses who are reentering practice following a lapse of five or more years.

(9) Investigate complaints of unauthorized practice or unprofessional conduct or incompetency against any person and take proper action under section 1582 or 1584 of this chapter, as the case may be.

(10) Adopt rules establishing a program to serve as an alternative to the disciplinary process for nurses and nursing assistants with chemical dependencies or other professional practice issues as designated by the Board.

(b) In consultation with the Board, the Director of the Office of Professional Regulation may employ an Executive Director of the Board and contract for such persons as may be necessary to carry out the work of the Board.
26 V.S.A. § 1191 — VT Code / Title 26 / Chapter 20 / Section 1191
§ 1191. Unprofessional conduct
Status: repealed

(a) Unprofessional conduct is the conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to engineering.

(b) [Repealed.]

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

(1) failing to make available, upon the timely request of a person using engineering services, copies of instruments of service in the possession or under the control of the licensee, when those instruments of service have been prepared for and paid for by the user of services;

(2) signing or sealing instruments of service for which the engineer is not in responsible charge, or negligently allowing use of the engineer's professional stamp on such an instrument;

(3) [Repealed.]

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

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

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

(7) failing to supervise adequately employees and subordinates under the licensee's responsible charge who are engaged in the practice of professional engineering;

(8) accepting and performing engineering responsibilities that are outside the scope of engineering specialties held by the licensee;

(9) failing to protect the trust of engineering clients;

(10) failing to hold public health and safety above all other considerations in the practice of professional engineering;

(11) engaging in dishonorable or unethical conduct in the practice of professional engineering of a character likely to deceive, defraud, or harm the public; or

(12) failing to report to the Board knowledge of a perceived violation of this statute or the Board's rule by another professional engineer licensed in this State.
26 V.S.A. § 5226 — VT Code / Title 26 / Chapter 101 / Section 5226
§ 5226. Unprofessional conduct
Status: in_force

(a) The Director may deny an application for licensure or relicensure, revoke or suspend any license to practice forestry issued under this chapter, or discipline or in other ways condition the practice of a licensee upon due notice and opportunity for hearing in compliance with the provisions of 3 V.S.A. chapter 25 if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:

(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 forestry;

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

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

(4) has willfully or repeatedly violated any of the provisions of this chapter;

(5) is habitually intemperate or is addicted to the use of habit-forming drugs capable of impairing the exercise of professional judgment;

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

(7) aiding, abetting, encouraging, or negligently causing a substantial violation of the statutes or rules of the Vermont Department of Forests, Parks and Recreation.

(b) Any person or institution aggrieved by any action of the Director under this section may appeal as provided in 3 V.S.A. § 130a.

(c) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director about incompetent, unprofessional, or unlawful conduct of a forester.