26 V.S.A. § 2859 — VT Code / Title 26 / Chapter 52 / Section 2859
§ 2859. Disposition of complaints
Status: in_force

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

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

(c) If the Board determines that the action of a radiologist assistant that is the subject of a complaint falls entirely within the scope of practice of a radiologic technologist in radiography, the Board shall refer the complaint to the Board of Radiologic Technology for review under chapter 51 of this title.

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

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

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

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

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

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

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

(f) Upon application, the Board may modify the terms of an order under this section and, if certification has been revoked or suspended, order reinstatement on terms and conditions it deems proper.
26 V.S.A. § 906 — VT Code / Title 26 / Chapter 15 / Section 906
§ 906. Examinations not required
Status: in_force

(a) Generally. A license for an individual who is licensed by another state or who has received designation by the U.S. Armed Forces as a 12R electrician or equivalent shall be issued without examination as provided pursuant to this section on payment of the required fee.

(b)(1) Reciprocity. A master's or journeyman's license, as the case may be, shall be issued to a person to whom a master electrician's license or a journeyman electrician's license has been previously issued by another state, whose standards are equivalent to those of this State, if under the laws or regulations of the state issuing the license a similar privilege is granted to electricians licensed under the laws of this State.

(2) Uniform process for endorsement from other states.

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

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

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

(c) Except as otherwise provided by law, a journeyman's license shall be issued to a service member or veteran who:

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

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

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

(d) As used in this section:

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

(A) the U.S. Armed Forces;

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

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

(D) the National Guard of any state.

(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure.
26 V.S.A. § 1446 — VT Code / Title 26 / Chapter 23 / Section 1446
§ 1446. Directors of corporation
Status: in_force

The Board of Directors of the Vermont Program for Quality in Health Care, Inc. shall include the Commissioner of Health and two directors, each of whom represents at least one of the following populations: elders, people with disabilities, or people with low income.
26 V.S.A. § 525 — VT Code / Title 26 / Chapter 10 / Section 525
§ 525. Competency requirements of licensees
Status: in_force

No person licensed by the Board shall apply ionizing radiation to human beings for diagnostic or therapeutic purposes without first having satisfied the Board of his or her competency to do so. The Board shall consult with the Board of Radiologic Technology concerning suitable performance standards to be adopted by rule. The Board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under section 535 of this title.
26 V.S.A. § 3151 — VT Code / Title 26 / Chapter 59 / Section 3151
§ 3151. Definitions
Status: repealed

As used in this chapter:

(1)(A) “Director” means the Director of the Office.

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

(2) “Person” means an individual, partnership, corporation, or other business entity.

(3) “Private investigator” means any person who, for consideration engages in or solicits business, accepts employment, or holds himself or herself out to the public as someone who will investigate, obtain information, or provide security of persons incident to, but not limited to, the following:

(A) Any suspected crime, tort, or wrong committed or threatened against the laws of a government or any of its political subdivisions or against any person.

(B) The identity, habits, conduct, honesty, loyalty, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any living person.

(C) Damage, accidents, or injury to persons or property.

(D) The location, disposition, or recovery of lost or stolen property.

(E) Evidence related to a proceeding before any court, agency, officer, or investigative committee.

(F) The identity, location, or apprehension of persons.

(4) “Security” means a person engaged for compensation in the business of protecting property or persons by providing armed or unarmed security service, or armed transport service, or the use of guard dogs. “Security services” includes:

(A) Prevention or detection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property.

(B) Prevention, observation, or detection of any unauthorized activity on private property.

(C) Protection of patrons and persons lawfully authorized to be on the premises of the person, firm, association, or corporation that entered into the contract for security services.

(D) Control, regulation, or direction of the flow or movement of the public, whether by vehicle or otherwise, onto the premises.

(E) Physically responding to any alarm signal device, burglar alarm, television camera, still camera, or a mechanical or electronic device installed or used to prevent or detect burglary, theft, shoplifting, pilferage, losses, or other security measures.

(F) Providing armored transport services.

(5) [Repealed.]

(6) [Repealed.]
26 V.S.A. § 1163 — VT Code / Title 26 / Chapter 20 / Section 1163
§ 1163. Exemptions
Status: repealed

(a) Persons exempt. Section 1162 of this chapter does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:

(1) an officer or employee of the federal government;

(2) an officer or a full-time employee of the State;

(3) an officer or full-time employee of a municipality;

(4) certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the Secretary of Natural Resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under 10 V.S.A. chapter 64;

(5) an officer or employee of a corporation in interstate communications as defined in the act of Congress entitled “Communications Act of 1934” or of a telephone company under the supervision and regulation of the Public Utility Commission;

(6) an employee or subordinate of a professional engineer, provided the engineering work is done under the responsible charge of, and verified by, the professional engineer; or

(7) students of engineering acting under the supervision of a professional engineer.

(b) Other professions. Section 1162 of this chapter does not prohibit acts constituting the practice of any other legally recognized profession or occupation.

(c) Purposes exempt. Section 1162 of this chapter does not prohibit any person from performing acts constituting the practice of engineering for the purpose of:

(1) engineering of a manufactured product;

(2) engineering of a building that is not a public building as defined in 20 V.S.A. § 2730;

(3) engineering a building that contains only one, two, or three dwelling units and any outbuilding accessory to those units;

(4) [Repealed.]

(5) engineering of recreational trails and trail-related structures by a nonprofit organization whose trails have been recognized by the Agency of Natural Resources as part of the Vermont trails system; provided such organization purchases and maintains liability insurance in the amount required by law or under a contract with the State of Vermont, but in no event in an amount that is less than $100,000.00.

(d), (e) [Repealed.]
26 V.S.A. § 3022 — VT Code / Title 26 / Chapter 55 / Section 3022
§ 3022. Purpose
Status: in_force

(a) Whereas, states license psychologists, in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice;

(b) Whereas, this Compact is intended to regulate the day to day practice of telepsychology, which is the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

(c) Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;

(d) Whereas, this Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state;

(e) Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;

(f) Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States;

(g) Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice; and

(h) Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

(1) increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology;

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

(3) encourage the cooperation of Compact states in the areas of psychology licensure and regulation;

(4) facilitate the exchange of information between Compact states regarding psychologist licensure, adverse actions, and disciplinary history;

(5) promote compliance with the laws governing psychological practice in each Compact state; and

(6) invest all Compact states with the authority to hold licensed psychologists accountable through the mutual recognition of Compact state licenses.
26 V.S.A. § 1094 — VT Code / Title 26 / Chapter 19 / Section 1094
§ 1094. Licensure generally
Status: in_force

The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter.
26 V.S.A. § 2662 — VT Code / Title 26 / Chapter 47 / Section 2662
§ 2662. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint two licensed opticians as set forth in 3 V.S.A. § 129b. One of the initial appointments may be for less than a five-year term. Appointees shall have not less than three years' experience as an optician immediately preceding appointment and shall be actively engaged in optician practice in Vermont during incumbency.

(b) The Director shall seek the advice of the optician advisors in carrying out the provisions of this chapter. 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. § 4174 — VT Code / Title 26 / Chapter 84 / Section 4174
§ 4174. Advisor appointees [Effective July 1, 2026]
Status: in_force

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

(b) The Director shall seek the advice of the community-based perinatal doula advisors in carrying out the provisions of this chapter. The advisor appointees shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose.
26 V.S.A. § 1420i — VT Code / Title 26 / Chapter 23 / Section 1420i
§ 1420i. Joint investigations
Status: in_force

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(c) A subpoena issued by a member state shall be enforceable in other member states.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
26 V.S.A. § 4091 — VT Code / Title 26 / Chapter 78 / Section 4091
§ 4091. Board; duties
Status: in_force

(a) The Board shall:

(1) Provide general information to applicants for entry on the Roster.

(2) Explain appeal procedures to persons entered on the Roster and complaint procedures to the public.

(3) Administer fees collected under this chapter.

(4) Receive applications for entry on the Roster, enter applicants, renew entries on the Roster, and revoke, reinstate, or condition entry on the Roster as ordered by the Board.

(5) Refer all complaints and disciplinary matters to the Board.

(b) The Board may adopt rules necessary to perform its duties under subsection (a) of this section.
26 V.S.A. § 3162 — VT Code / Title 26 / Chapter 59 / Section 3162
§ 3162. Director; powers and duties
Status: in_force

The Director shall adopt rules necessary for the effective administration of this chapter, including rules prescribing minimum standards and qualifications for:

(1) security guards who may:

(A) practice independently or head agencies; or

(B) practice within the hierarchy of an agency;

(2) private investigators who may:

(A) practice independently or head agencies; or

(B) practice within the hierarchy of an agency;

(3) agencies; and

(4) recognized trainers and training programs.
26 V.S.A. § 271 — VT Code / Title 26 / Chapter 6 / Section 271
§ 271. Definitions
Status: in_force

As used in this chapter:

(1) “Barbering” means engaging in the continuing performance, for compensation, of any of the following activities: cutting, shampooing, or styling hair; shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair; facials, skin care, or scalp massages, and bleaching, coloring, straightening, or permanent-waving hair, or similar work by any means, with hands or mechanical or electrical apparatus or appliances. Barbering also includes esthetics.

(2) “Cosmetology” means engaging in the continuing performance, for compensation, of any of the following activities:

(A) Work on the hair of any person, including dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work by any means, with hands or mechanical or electrical apparatus or appliances.

(B) Esthetics.

(C) Manicuring.

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

(4)(A) “Esthetics” means services related to skin-care treatments to enhance or improve the appearance of the skin, including:

(i) cleansing, toning, stimulating, manipulating, beautifying, exfoliating, or performing any similar procedure on the human body using only cosmetic preparations, hands, mechanical or electrical apparatus or appliances, tonics, lotions, creams, or makeup;

(ii) beautifying lashes and brows; and

(iii) removing unwanted hair using manual and mechanical means.

(B) “Esthetics” does not include any of the following:

(i) the sale or application of cosmetics to customers in retail stores or customers' homes;

(ii) any practice, activity, or treatment that constitutes the practice of medicine, as defined in section 1311 of this title, including injections of any substance and the use of lasers; or

(iii) the application of permanent cosmetics.

(5) “Manicuring” or “nail technician practice” means the nonmedical treatment of a person's fingernails or toenails or the skin in the vicinity of the nails and includes the use of cosmetic preparations or appliances.

(6) “School of barbering or cosmetology” means a facility or facilities regularly used to train or instruct persons in the practice of barbering or cosmetology.

(7) “Shop” means a facility or facilities regularly used to offer or provide barbering, cosmetology, esthetics, or manicuring.
26 V.S.A. § 3210 — VT Code / Title 26 / Chapter 61 / Section 3210
§ 3210. Unprofessional conduct
Status: in_force

(a) The following conduct and the conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial or discipline of a license:

(1) failing to use a correct title in professional activity;

(2) conduct that evidences unfitness to practice licensed master's or licensed independent clinical social work;

(3) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years;

(4) harassing, intimidating, or abusing a client or patient;

(5) practicing outside or beyond a licensee's education, training, experience, or competence;

(6) having a conflict of interest that interferes with the exercise of the licensee's professional responsibilities, discretion, and impartial judgment;

(7) failing to inform a client when a real or potential conflict of interest arises and failing to take reasonable steps to resolve the issue in a manner that makes the client's interest primary and protects the client's interest to the greatest extent possible;

(8) taking unfair advantage of any professional relationship or exploiting others to further the licensee's personal, religious, political, or business interests;

(9) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

(10) failing to take steps to protect a client and to set clear, appropriate, and culturally sensitive boundaries, in instances where dual or multiple relationships are unavoidable;

(11) failing to clarify with all parties which individuals will be considered clients and the nature of the licensee's professional obligations to the various individuals who are receiving services, when a licensee provides services to two or more people who have a spousal, familial, or other relationship with each other;

(12) failing to clarify the licensee's role with the parties involved and to take appropriate action to minimize any conflicts of interest, when the clinical social worker anticipates a conflict of interest among the individuals receiving services or anticipates having to perform in conflicting roles such as testifying in a child custody dispute or divorce proceedings involving clients; or

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

(b) After hearing, and upon a finding of unprofessional conduct, an administrative hearing officer may take disciplinary action against a licensee or applicant.
26 V.S.A. § 374 — VT Code / Title 26 / Chapter 7 / Section 374
§ 374. Fees; licenses
Status: in_force

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

(1) Application for licensure, $650.00; the Board shall use at least $25.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.

(2) Biennial renewal, $525.00; the Board shall use at least $25.00 of this fee to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
26 V.S.A. § 4181 — VT Code / Title 26 / Chapter 85 / Section 4181
§ 4181. Definitions
Status: repealed

The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise:

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

(2) “Licensed Midwife (LM)” means anyone who has met the requirements set down by the North American Registry of Midwives and who meets the eligibility criteria set forth in this chapter.

(3) “Midwifery” means the provision of care, support, and education to healthy women during the childbearing cycle, including normal pregnancy, labor, childbirth, and the postpartum period. Such care occurs in collaboration and consultation with other health care providers, and can appropriately occur at home, in birthing centers, or in medical facilities. Such care, support, and education may relate to:

(A) appropriate measures that promote and maintain the health of the mother and baby;

(B) the availability of birthing alternatives;

(C) the prevention or reduction of risk to the mother and baby;

(D) the detection of abnormal conditions;

(E) the procurement of appropriate medical assistance;

(F) the execution of emergency measures;

(G) the provision of newborn care and appropriate screening; and

(H) the provision of wellwoman health care.

(4) “Midwifery educational process” means a course of study that includes a combination of apprenticeship, self-teaching, experience, formal instruction, correspondence work or at-distance learning, and practice in nonmedical settings, usually the home, but sometimes freestanding birth centers, approved or accredited, or both, by the Midwifery Education Accreditation Council.

(5) “NARM” means the North American Registry of Midwives.

(6) [Repealed.]
26 V.S.A. § 5012 — VT Code / Title 26 / Chapter 97 / Section 5012
§ 5012. Advisor appointees
Status: in_force

(a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be designers licensed under this chapter and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appointed for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to design. Two of the initial appointments may be for a term of fewer than five years.

(2) A designer appointee shall have not fewer than five years' experience as a licensed designer immediately preceding appointment; shall be licensed as a designer in Vermont; and shall be actively engaged in the practice of design in this State during incumbency.

(3) The Agency of Natural Resources appointee shall be involved in the permitting program established under 10 V.S.A. chapter 64.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.
26 V.S.A. § 3275c — VT Code / Title 26 / Chapter 65 / Section 3275c
§ 3275c. State participation in the Compact
Status: in_force

(a) To participate in the Compact, a state must currently:

(1) license and regulate licensed professional counselors;

(2) require licensees to pass a nationally recognized exam approved by the Commission;

(3) require licensees to have a 60 semester-hour (or 90 quarter-hour) master's degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:

(A) professional counseling orientation and ethical practice;

(B) social and cultural diversity;

(C) human growth and development;

(D) career development;

(E) counseling and helping relationships;

(F) group counseling and group work;

(G) diagnosis and treatment;

(H) assessment and testing;

(I) research and program evaluation; and

(J) other areas as determined by the Commission;

(4) require licensees to complete a supervised postgraduate professional experience as defined by the Commission; and

(5) have a mechanism in place for receiving and investigating complaints about licensees.

(b) A Member State shall:

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

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

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

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

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

(4) Comply with the rules of the Commission.

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

(6) Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

(7) Provide for the attendance of the state's Commissioner to the Counseling Compact Commission meetings.

(c) Member states may charge a fee for granting the privilege to practice.

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

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

(f) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
26 V.S.A. § 3273 — VT Code / Title 26 / Chapter 65 / Section 3273
§ 3273. 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, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, social workers, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are clinical mental health counselors or are licensed to practice clinical mental health counseling.

(b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary 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 does not practice psychotherapy as defined in section 3261 of this title;

(4) as a mediator;

(5) in an official evaluation for court purposes;

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

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

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter.
26 V.S.A. § 3358 — VT Code / Title 26 / Chapter 71 / Section 3358
§ 3358. Licensure without examination; waiver of educational requirement
Status: in_force

(a) The Director may waive the examination requirement if the applicant is an occupational therapist or occupational therapy assistant regulated under the laws of another state, the District of Columbia, or territory of the United States, who is in good standing to practice occupational therapy in that state or territory, and, in the opinion of the Director, the standards and qualifications required for regulation of occupational therapy in that state or territory are currently at least equal to those required by this chapter. The Director may not waive any required period of supervised experience.

(b) The Director may waive the examination requirement if the applicant is certified prior to July 1, 1993 as a registered occupational therapist (OTR) or certified occupational therapy assistant (COTA), if, in the opinion of the Director, the standards and qualifications for such certification are at least equal to those required by this chapter.

(c) The Director may waive the educational requirement for licensure as an occupational therapist, if the applicant is recognized as a certified occupational therapist after having qualified for and passed an occupational therapist examination, and the Director determines that the examination so taken meets the requirements of section 3357 of this chapter.
26 V.S.A. § 582 — VT Code / Title 26 / Chapter 12 / Section 582
§ 582. Authority of the Board
Status: in_force

In addition to any other provisions of law, the Board shall have the authority to:

(1) provide general information to applicants;

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

(3) adopt rules pursuant to the Vermont Administrative Procedure Act:

(A) as necessary to carry out the provisions of this chapter;

(B) relating to qualifications of applicants, examinations, and granting and renewal of licenses and registrations;

(C) relating to the granting or renewal of a license to those who do not meet active practice requirements;

(D) setting standards for the continuing education of persons licensed or registered under this chapter;

(E) establishing requirements for licensing dental hygienists with five years of regulated practice experience;

(F) setting educational standards and standards of practice for the administration of anesthetics in the dental office;

(G) for the administration of local anesthetics by dental hygienists, including minimum education requirements and procedures for administration of local anesthetics;

(H) setting guidelines for general supervision of dental hygienists, to be known as “public-health hygienists,” who may perform tasks in the settings set forth in section 624 of this chapter; and

(I) prescribing minimum educational, training, experience, and supervision requirements and professional standards necessary for practice pursuant to this chapter as a dental assistant; and

(4) undertake any other actions or procedures specified in, required by, or appropriate to carry out the provisions of this chapter.
26 V.S.A. § 3105 — VT Code / Title 26 / Chapter 57 / Section 3105
§ 3105. Criteria and standards
Status: in_force

(a) A profession or occupation shall be regulated by the State only when:

(1) it can be demonstrated that the unregulated practice of the profession or occupation can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is recognizable and not remote or speculative;

(2) the public can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and

(3) the public cannot be effectively protected by other means.

(b) After evaluating the criteria in subsection (a) of this section and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a profession or occupation, the least restrictive method of regulation shall be imposed, consistent with the public interest and this section:

(1) if existing common law and statutory civil remedies and criminal sanctions are insufficient to reduce or eliminate existing harm, regulation should occur through enactment of stronger civil remedies and criminal sanctions;

(2) if a professional or occupational service involves a threat to the public and the service is performed primarily through business entities or facilities that are not regulated, the business entity or the facility should be regulated rather than its employee practitioners;

(3) if the threat to the public health, safety, or welfare, including economic welfare, is relatively small, regulation should be through a system of registration;

(4) if the consumer may have a substantial interest in relying on the qualifications of the practitioner, regulation should be through a system of certification; or

(5) if it is apparent that the public cannot be adequately protected by any other means, a system of licensure should be imposed.

(c) Any of the issues set forth in subsections (a) and (b) of this section and section 3107 of this chapter may be considered in terms of their application to professions or occupations generally.

(d) Prior to review under this chapter and consideration by the General Assembly of any bill to regulate a profession or occupation and upon the request of the House or Senate Committee on Government Operations, the Office shall make, in writing, a preliminary assessment of whether any particular request for regulation meets the criteria set forth in subsection (a) of this section. The Office shall report its preliminary assessment to the House and Senate Committees on Government Operations.

(e) After the review of a proposal to regulate a profession or to amend the scope of a regulated profession, the Office may decline to conduct an analysis and evaluation if it finds that:

(1) the proposed regulatory scheme appears to regulate fewer than 250 individuals;

(2) the Office previously conducted an analysis and evaluation of the proposed regulation of the same profession or occupation, and no new information has been submitted that would cause the Office to alter or modify the recommendations made in its earlier report on that proposed regulation; or

(3) a proposal presented by petition would, in the opinion of the Director, call for the unwarranted expenditure of State resources.
26 V.S.A. § 5366 — VT Code / Title 26 / Chapter 103 / Section 5366
§ 5366. Signature if individual unable to sign
Status: in_force

If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual's name on the record. The notary public shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.
26 V.S.A. § 4038 — VT Code / Title 26 / Chapter 76 / Section 4038
§ 4038. Examination
Status: in_force

(a) A written examination shall be conducted under this chapter at least twice a year except that an examination need not be conducted when no one has applied to be examined.

(b) An examination administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications that are necessary for the protection of the public health, safety, and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of licensed marriage and family therapists. The Board shall establish criteria for passing the examination that shall apply to all persons taking the examination.

(c) The Board shall administer a written examination based on the applicant's marriage and family therapy educational and clinical background.

(d) The Board may authorize the use of established marriage and family therapy tests as utilized by the American Association for Marriage and Family Therapy.
26 V.S.A. § 1420s — VT Code / Title 26 / Chapter 23 / Section 1420s
§ 1420s. Dispute resolution
Status: in_force

(a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the Compact and that may arise among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
26 V.S.A. § 5004 — VT Code / Title 26 / Chapter 97 / Section 5004
§ 5004. Exceptions
Status: in_force

This chapter does not prohibit:

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

(2) the practice of design by a person employed by the U.S. government or any bureau, division, or agency thereof while in the discharge of his or her official federal duties; or

(3) the practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State.
26 V.S.A. § 4082 — VT Code / Title 26 / Chapter 78 / Section 4082
§ 4082. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title.

(2) “Disciplinary action” includes any action taken by the Board against a person who is entered on the Roster or who applies for entry on the Roster, premised on a finding of unprofessional conduct. It includes all sanctions of any kind, such as refusal to enter a person on the Roster or to renew a Roster entry, suspension or revocation of the person's right to be entered on the Roster, issuing warnings, limitations on a person's right to practice, and other similar sanctions.

(3) “Psychotherapist who is nonlicensed and noncertified” means a person who practices psychotherapy and is neither a licensed psychologist, clinical social worker, or mental health counselor, nor a certified marriage and family therapist or a psychoanalyst.

(4) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master's degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.

(5) “Roster” means the list of psychotherapists who are nonlicensed and noncertified that is maintained by the Office of Professional Regulation in the Office of the Secretary of State.
26 V.S.A. § 2174 — VT Code / Title 26 / Chapter 39 / Section 2174
§ 2174. Municipal rules and regulations; municipal inspections
Status: in_force

(a) The legislative body may establish inspection procedures and appoint trained, qualified master plumbers to conduct municipal inspections. If the Board determines that the inspection procedures, training, and qualifications of the municipal plumbing inspectors are sufficient, the Commissioner may assign the responsibility to inspect plumbing installations within the municipality to the municipality. Municipal inspection standards shall be, at a minimum, equal to State standards. Municipal standards may exceed State standards with approval of the Board. Municipal standards shall not prohibit implementation of 18 V.S.A. chapter 40. An assignment of responsibility under this subsection shall not affect the authority of the Board or the Commissioner under this subchapter.

(b) Inspection procedures, including the issuance of work notices, shall be the same as for State plumbing inspections. A municipal inspector shall have the authority to enter a premises to carry out inspection responsibilities in accordance with the rules and procedures established by the Board. The legislative body may also establish reasonable fees for inspections, which shall be in lieu of fees charged by the State.

(c) If, after inspection of the plumbing installation, a violation of the rules of the Board or the inspection procedures of the municipality is found, a municipal inspector may:

(1) Issue an order directing the plumber of record or the owner of the premises in which the violation is found to correct or remove the violation.

(2) Invalidate the work permit.

(3) Pursue disciplinary procedures under section 2178 of this chapter.

(d) A person aggrieved by an action of a municipal inspector or municipality under subsection (c) of this section may appeal to the Commissioner by filing a written application for a hearing with the Commissioner within 15 days after receiving written notice of the action. A person filing an application under this subsection shall be entitled to notice and an opportunity for a hearing before the Commissioner within 45 days. Within 30 days after the hearing, the Commissioner shall issue an order amending, modifying, or affirming the action by the municipal inspector or municipality.

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

(f) The Commissioner or the Board may revoke an assignment of responsibility to a municipality granted under this section if the Commissioner or the Board determines that the training or qualifications of the municipal inspectors or the inspection procedure adopted by the legislative body is insufficient.
26 V.S.A. § 3311 — VT Code / Title 26 / Chapter 69 / Section 3311
§ 3311. Definitions
Status: in_force

As used in this chapter:

(1) “Act” means the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub. L. No. 101-73, as amended.

(2) “Appraisal” means an analysis, opinion, or conclusion relating to the value of specified interests in or aspects of identified real estate or identified real property.

(3) “Appraisal management company” means an entity that acts as a broker in acquiring finished appraisals from real estate appraisers licensed under this chapter and that supplies the appraisals to third parties.

(4) “Appraiser” or “real estate appraiser” means a person licensed under this chapter.

(5) “AQB” means the Appraisal Qualifications Board of the Appraisal Foundation as referenced in the Act. Under the provisions of the Act, the AQB establishes the minimum education, experience, and examination requirements for real property appraisers to obtain a state license or certification.

(6) “ASC” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council created pursuant to the Act. The ASC oversees the real estate appraisal process as it relates to federally related transactions as defined in the Act.

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

(8)(A) “Disciplinary action” means any action by any regulatory or certifying authority against a licensed real estate appraiser or applicant premised upon a finding that the person has engaged in unprofessional conduct.

(B)(i) The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending, revoking, or restricting a license, and issuing warnings.

(ii) The term does not include monetary civil penalties imposed by a hearing officer in relation to an express finding under 3 V.S.A. § 129(a)(3) that the subject matter does not constitute unprofessional conduct.

(9) “Office” means the Office of Professional Regulation.
26 V.S.A. § 2627 — VT Code / Title 26 / Chapter 46 / Section 2627
§ 2627. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b).
26 V.S.A. § 4123 — VT Code / Title 26 / Chapter 81 / Section 4123
§ 4123. Exemptions
Status: in_force

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

(1) The practice of a profession by a person who is licensed, certified, or registered under other laws of this State and is performing services within the authorized scope of practice of that profession.

(2) The practice of naturopathic medicine by a person duly licensed to engage in the practice of naturopathic medicine in another state, territory, or the District of Columbia who is called into this State for consultation with a naturopathic physician licensed under this chapter.

(3) The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical college. The performance of services shall be pursuant to a course of instruction and under the supervision of an instructor, who shall be a naturopathic physician licensed in accordance with this chapter.

(4) The use or administration of over-the-counter medicines or other nonprescription agents.

(b) The provisions of subdivision 4122(a)(1) of this chapter, relating to the practice of naturopathic medicine, shall not be construed to limit or restrict in any manner the right of a practitioner of another health care profession from carrying on in the usual manner any of the functions related to that profession.
26 V.S.A. § 4455 — VT Code / Title 26 / Chapter 87 / Section 4455
§ 4455. Advisor appointees
Status: repealed

(a) The Secretary shall appoint two individuals to serve as advisors in matters related to speech-language pathology. Both advisors shall be licensed speech-language pathologists, shall have not less than three years' experience as speech-language pathologists immediately preceding appointment, and shall be actively engaged in the practice of speech-language pathology in Vermont during incumbency.

(b) The Director shall seek the advice of the individuals appointed under this section in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for meetings called by the Director.

(c) [Repealed.]
26 V.S.A. § 2091 — VT Code / Title 26 / Chapter 38 / Section 2091
§ 2091. Director of the Office of Professional Regulation; duties
Status: in_force

The Director of the Office of Professional Regulation, with the advice of the advisors appointed under this chapter, shall:

(1) provide general information to applicants for admission to licensure as physical therapists or physical therapist assistants;

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

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

(4) administer fees as previously established by law;

(5) receive and evaluate applications for licensure, provide for examinations and set passing scores, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses, or otherwise discipline licensees as ordered by an administrative law officer;

(6) issue to each person licensed a certificate of licensure that shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed physical therapist or to represent himself or herself as a licensed physical therapist assistant, subject to the conditions and limitations of this chapter; and

(7) adopt rules necessary to perform his or her duties under this chapter.
26 V.S.A. § 3411 — VT Code / Title 26 / Chapter 75 / Section 3411
§ 3411. Disclosure information
Status: in_force

The Director shall adopt rules requiring licensed acupuncturists to disclose to each new client before the first treatment the acupuncturist'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 acupuncturist and the client.
26 V.S.A. § 4410 — VT Code / Title 26 / Chapter 86 / Section 4410
§ 4410. Renewals; continuing education
Status: in_force

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes 10 hours of continuing education, approved by the Director, during the preceding two-year period. The continuing education requirement begins with the first full two-year renewal period. The Director, with the advice of the advisors appointed under section 4405 of this title, shall establish guidelines and criteria for continuing education credit.

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

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

(d) To demonstrate continuing competence, a person whose license has lapsed for more than five years shall document completion of 10 hours of continuing education and successfully complete the licensing examination prior to reinstatement of the license.
26 V.S.A. § 1623 — VT Code / Title 26 / Chapter 28 / Section 1623
§ 1623. Licensure for registered nurses educated outside the United States
Status: in_force

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

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

(2) complete secondary education;

(3) graduate from a registered 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. § 17 — VT Code / Title 26 / Chapter 1 / Section 17
§ 17. Penalty
Status: in_force

Any person who violates any provision of section 14 of this chapter shall be subject to the penalties set forth in 3 V.S.A. § 127.
26 V.S.A. § 3405 — VT Code / Title 26 / Chapter 75 / Section 3405
§ 3405. Licenses
Status: in_force

To be eligible for licensure as an acupuncturist, an applicant shall be at least 18 years of age and shall furnish satisfactory proof that he or she:

(1) holds a degree or diploma from an educational institution accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or a substantially equivalent or successor accrediting organization approved by the U.S. Department of Education and the Director, which shall include at least two academic years and a minimum of 400 hours of supervised clinical practice; and

(2) passed the examination described in section 3406 of this chapter.
26 V.S.A. § 1728 — VT Code / Title 26 / Chapter 30 / Section 1728
§ 1728. Use of therapeutic pharmaceutical agents
Status: in_force

(a)(1) A licensee who employs an oral therapeutic pharmaceutical agent that might prove to have significant systemic adverse reactions or systemic side effects shall, in a manner consistent with Vermont law, ascertain the risk of systemic side effects through either a case history or by communicating with the patient's primary care provider.

(2) The licensee shall also communicate with the patient's primary care provider, or with a physician skilled in diseases of the eye, when, in the professional judgment of the licensee, it is medically appropriate.

(3) Any communication shall be noted in the patient's permanent record. The methodology of communication shall be determined by the licensee.

(b)(1) If a glaucoma patient does not respond to up to three topically administered pharmaceutical agents within a reasonable time, the licensee shall refer the patient to a licensed ophthalmologist.

(2) A glaucoma patient shall not be treated by an optometrist with more than three topically administered agents at any given time.

(3) If an oral medication is required to obtain an adequate clinical response in a glaucoma patient, the licensee shall consult with a licensed ophthalmologist as soon as clinically prudent following initiation of the oral medication.

(4) This subsection shall not require that the licensee transfer care of the patient to the consulting ophthalmologist, but does require that the patient be seen by the consulting ophthalmologist.
26 V.S.A. § 616 — VT Code / Title 26 / Chapter 12 / Section 616
§ 616. Use of dental hygienists and dental assistants
Status: in_force

(a) A dental therapist may supervise dental assistants and dental hygienists directly to the extent permitted in the collaborative agreement.

(b) At any one practice setting, a dental therapist may have under his or her direct supervision no more than a total of two assistants or hygienists or a combination thereof.
26 V.S.A. § 1182a — VT Code / Title 26 / Chapter 20 / Section 1182a
§ 1182a. Licensing standards
Status: in_force

(a) Licensing standards and procedures adopted or used by the Board shall be fair and reasonable. The standards and procedures shall be designed and implemented to ensure that all qualified applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare. Licensing standards shall not be designed or implemented for the purpose of limiting the number of licensees.

(b) The Board recognizes the following routes to licensure:

(1) Individuals with a bachelor's degree in engineering. A professional engineering license shall be issued to a person who:

(A) satisfactorily completes a bachelor's level engineering curriculum accredited by the Accreditation Board for Engineering and Technology (ABET);

(B) attains a passing score set by Board rule on a fundamentals of engineering examination recognized by Board rule;

(C) completes four years or more of progressive engineering experience after graduation of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least two years of which shall be in the specialty discipline for which the license is sought. A master's degree in engineering may be counted as one year of experience;

(D) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(E) satisfies all requirements set forth in the Board's rules.

(2) Individuals with a master's degree in engineering. A professional engineering license shall be issued to a person who:

(A) satisfactorily completes a bachelor's level curriculum in a technical field related to engineering and master's level engineering curriculum accredited by ABET;

(B) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(C) completes four years or more of progressive engineering experience after graduation from the master's degree program of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least two years of which shall be in the specialty discipline for which the license is sought;

(D) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(E) satisfies all requirements set forth in the Board's rules.

(3) Individuals with a bachelor's degree in engineering technology. A professional engineering license shall be issued to a person who:

(A) satisfactorily completes a bachelor's level engineering technology curriculum accredited by ABET;

(B) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(C) completes eight years or more of progressive engineering experience after graduation of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least four years of which shall be in the specialty discipline for which the license is sought;

(D) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(E) satisfies all requirements set forth in the Board's rules.

(4) Twelve years of engineering experience. A professional engineering license shall be issued to a person who:

(A) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(B) completes 12 years or more of progressive engineering experience of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least six years of which shall be in the specialty discipline for which the license is sought;

(C) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(D) satisfies all requirements set forth in the Board's rules.

(5) Sixteen years of engineering experience. A professional engineering license shall be issued to a person who:

(A) completes 16 years or more of progressive engineering experience of a grade and character that indicate to the Board that the applicant may be competent to practice engineering, at least eight years of which shall be in the specialty discipline for which the license is sought;

(B) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(C) satisfies all requirements set forth in the Board's rules.

(6) Alternate route to licensure. A professional engineering license may be issued to a person who:

(A) attains a passing score on a fundamentals of engineering examination recognized by Board rule;

(B) completes education and experience that, in the judgment of the Board, demonstrates a substantially equivalent level of preparation for engineering practice as required by subdivision (b)(1), (b)(2), or (b)(3) of this section;

(C) attains a passing score on a specialized examination recognized by Board rule testing the principles and practices of engineering in the specialty discipline sought; and

(D) satisfies all requirements set forth in the Board's rules.
26 V.S.A. § 5301 — VT Code / Title 26 / Chapter 103 / Section 5301
§ 5301. Short title
Status: in_force

This chapter may be cited as the Uniform Law on Notarial Acts.
26 V.S.A. § 3034 — VT Code / Title 26 / Chapter 55 / Section 3034
§ 3034. Date of implementation of the Psychology Interjurisdictional Compact Commission and associated rules, withdrawal, and amendments
Status: in_force

(a) The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact state. The provisions that 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 Compact state may withdraw from this Compact by enacting a statute repealing the same.

(1) A Compact 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 psychology regulatory authority 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 psychology licensure agreement or other cooperative arrangement between a Compact state and a non-Compact state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the Compact states. No amendment to this Compact shall become effective and binding upon any Compact state until it is enacted into the law of all Compact states.
26 V.S.A. § 5606 — VT Code / Title 26 / Chapter 107 / Section 5606
§ 5606. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint three persons to be advisors to the Director, two of whom shall be well drillers and one of whom shall be a representative of the Agency of Natural Resources. Advisors shall be appointed to five-year staggered terms to serve at the Secretary's pleasure as advisors in matters related to the administration of this chapter. Two of the initial appointments shall be for a term of fewer than five years.

(b) A well driller advisor appointee shall have not fewer than three years' experience as a well driller immediately preceding appointment, shall be licensed as a well driller in Vermont during incumbency, and shall be actively engaged in the practice as a well driller during incumbency.

(c) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.
26 V.S.A. § 1743 — VT Code / Title 26 / Chapter 31 / Section 1743
§ 1743. Medicaid reimbursement
Status: in_force

The Secretary of Human Services shall provide reimbursement under Title XIX (Medicaid) of the Social Security Act and 33 V.S.A. chapter 19 that recognizes reasonable cost differences between services provided by physicians and those provided by physician assistants under this chapter.
26 V.S.A. § 3101a — VT Code / Title 26 / Chapter 57 / Section 3101a
§ 3101a. Definitions
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

(1) “Certification” means a voluntary process by which a statutory regulatory entity grants to a person who has met certain prerequisite qualifications the right to assume or to use the title of the profession or occupation, or the right to assume or use the term “certified” in conjunction with the title. Use of the title or the term “certified,” as the case may be, by a person who is not certified is unlawful.

(2) “Licensing” and “licensure” mean a process by which a statutory regulatory entity grants to a person who has met certain prerequisite qualifications the right to perform prescribed professional or occupational tasks and to use the title of the profession or occupation. Practice without a license is unlawful.

(3) “License” means an individual, nontransferable authorization to carry on an activity based on qualifications such as:

(A) satisfactory completion of or graduation from an accredited or approved educational or training program; or

(B) acceptable performance on a qualifying examination or series of examinations.

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

(5) “Practitioner” means a person who is actively engaged in a specified profession or occupation.

(6) “Public member” means an individual who has no material financial interest in the profession or occupation being regulated other than as a consumer.

(7) “Registration” means a process requiring that, prior to rendering services, a practitioner formally notify a regulatory entity of his, her, or its intent to engage in the profession or occupation. Notification may include the name and address of the practitioner, the location of the activity to be performed, and a description of the service to be provided.

(8) “Regulatory entity” means the statutory entity responsible for regulating a profession or occupation, such as a board or an agency of the State.

(9) “Regulatory law” means any law in this State that requires a person engaged in a profession or occupation to be registered, certified, or licensed or that otherwise regulates the operation of that profession or occupation.
26 V.S.A. § 2864 — VT Code / Title 26 / Chapter 52 / Section 2864
§ 2864. Penalty
Status: in_force

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

(b) In addition to the penalty provided in subsection (a) of this section, the Attorney General or a State's Attorney may bring a civil action to restrain continuing violations of this section.
26 V.S.A. § 3359 — VT Code / Title 26 / Chapter 71 / Section 3359
§ 3359. Renewals
Status: in_force

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing competence requirements, approved by the Director, during the preceding two-year period. The Director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing competence credit. The Director may waive the continuing competence requirement for the initial licensure period.

(b) Biennially, the Director shall forward a renewal form to each licensee. 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 may, after notice and opportunity for reinstatement hearing, revoke a person's right to renew licensure if the license has lapsed for five or more years.
26 V.S.A. § 4156 — VT Code / Title 26 / Chapter 83 / Section 4156
§ 4156. Eligibility
Status: in_force

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

(1) graduated from an athletic training program that is accredited by an agency recognized by the U.S. Department of Education or the Council on Post-Secondary Accreditation; and

(2) passed an examination approved by the Director.
26 V.S.A. § 75 — VT Code / Title 26 / Chapter 1 / Section 75
§ 75. Renewal
Status: in_force

(a) Public accountant licenses and firm registrations under this chapter shall be renewed every two years on payment of the required fee.

(b) As a condition of renewal of a license as a public accountant, the Board may require that the licensee establish that he or she has satisfied continuing education requirements established by Board rule.

(c) The Board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo peer reviews conducted no more frequently than once every three years in such manner and producing such satisfactory result as the Board may specify, provided, however, that any such requirement:

(1) shall be adopted reasonably in advance of the time when it is first required to be met; and

(2) shall include a reasonable provision for compliance by an applicant's showing that the applicant has undergone a satisfactory peer review performed for other purposes that was substantially equivalent to peer reviews generally required pursuant to this section, and completion of such review was within the three years immediately preceding the renewal period.

(d) Information submitted for peer reviews is exempt from public disclosure under 1 V.S.A. § 317(c)(3) and (6).

(e) If a licensee fails to renew within 10 years of the license lapsing, the licensee must file a new application for licensure and satisfy the initial licensure requirements of the Board in order to obtain a license.
26 V.S.A. § 1647k — VT Code / Title 26 / Chapter 28 / Section 1647k
§ 1647k. 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 if 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 to be contrary to the constitution of any party state, this 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. § 3292 — VT Code / Title 26 / Chapter 67 / Section 3292
§ 3292. Construction
Status: in_force

(a) Nothing in this chapter shall be construed to prohibit a person from manufacturing hearing aids or making mechanical repairs to hearing aids or from issuing warranties in connection with such manufacturing or repairs.

(b) The licensure requirements of this chapter shall not be construed to apply to any person engaged in hearing aid dispensing as part of the academic curriculum of an accredited institution of higher education, provided that said person is directly supervised by a licensed hearing aid dispenser.

(c) Nothing in this chapter shall be construed to prohibit licensed practitioners from acting within the scope of practice for their licensed field. However, such practitioners shall comply with sections 3282, 3283, and 3284 of this title.
26 V.S.A. § 72b — VT Code / Title 26 / Chapter 1 / Section 72b
§ 72b. Licensure by endorsement
Status: in_force

Without requiring an examination, the Board shall issue an appropriate license to a public accountant who is licensed or certified under the laws of another state:

(1) with education, examination, and experience requirements that the Board considers to be substantially equal to those of this State; or

(2)(A) upon a showing that the applicant has had five years of experience in the practice of public accountancy or meets equivalent requirements prescribed by the Board by rule within the 10 years immediately preceding the application; and

(B) has fulfilled the requirements of continuing education or continuing professional competence programs that would have been applicable under subsection 75(b) of this title.
26 V.S.A. § 5023 — VT Code / Title 26 / Chapter 97 / Section 5023
§ 5023. 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. § 909 — VT Code / Title 26 / Chapter 15 / Section 909
§ 909. Revocation, suspension, and refusing of renewal of license
Status: in_force

The Board, after notice to the licensee and opportunity for hearing, may revoke or suspend a license issued under this chapter, or refuse to renew the license of a person who has made application for renewal:

(1) if the license was wrongfully or fraudulently obtained;

(2) if the licensee has violated or failed to comply with any provision of this chapter, or any rule, regulation, or requirement adopted under this chapter;

(3) if the licensee is found by the Board to be unqualified to hold the license.
26 V.S.A. § 3296 — VT Code / Title 26 / Chapter 67 / Section 3296
§ 3296. Renewals and reinstatement for audiologists and hearing aid dispensers
Status: in_force

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

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

(c) The Director may make such rules as may be reasonably necessary for the protection of the public to ensure that an applicant for reinstatement is professionally qualified.

(d) As a condition of renewal, the Director may require that licensees establish that they have satisfied continuing education requirements established by the Director, by rule.
26 V.S.A. § 5101 — VT Code / Title 26 / Chapter 99 / Section 5101
§ 5101. Purpose and effect
Status: in_force

In order to safeguard the life and health of the people of this State, a person shall not practice or offer to practice pollution abatement facility operation unless currently licensed under this chapter.
26 V.S.A. § 904 — VT Code / Title 26 / Chapter 15 / Section 904
§ 904. Type-S journeyman electrician
Status: in_force

(a) To be eligible for licensure as a type-S journeyman an applicant shall:

(1) complete an accredited training and experience program recognized by the Board; or

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

(3) pass an examination to the satisfaction of the Board in one or more of the following fields:

(A) automatic gas or oil heating;

(B) outdoor advertising;

(C) refrigeration or air conditioning;

(D) appliance and motor repairs;

(E) well pumps;

(F) farm equipment;

(G) any miscellaneous specified area of specialized competence.

(b) Upon successful completion of the examination and payment of the required fee for each field in which a license is to be issued, the applicant shall receive a license in the form of a wallet-size that which shall be carried at all times while performing his or her trade and shall be displayed upon request. Upon request of the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing.
26 V.S.A. § 3028 — VT Code / Title 26 / Chapter 55 / Section 3028
§ 3028. Adverse actions
Status: in_force

(a) A Home State shall have the power to impose adverse action against a psychologist's license issued by the Home State. A Distant State shall have the power to take adverse action on a psychologist's Temporary Authorization to Practice within that Distant State.

(b) A Receiving State may take adverse action on a psychologist's Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice.

(c) If a Home State takes adverse action against a psychologist's license, that psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and the IPC is revoked.

(1) All Home State disciplinary orders that impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A Compact state shall report adverse actions in accordance with the rules of the Commission.

(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission.

(3) Other actions may be imposed as determined by the rules promulgated by the Commission.

(d) A Home State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee that occurred in a Receiving State as it would if such conduct had occurred by a licensee within the Home State. In such cases, the Home State's law shall control in determining any adverse action against a psychologist's license.

(e) A Distant State's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under the Temporary Authorization to Practice that occurred in that Distant State as it would if such conduct had occurred by a licensee within the Home State. In such cases, the Distant State's law shall control in determining any adverse action against a psychologist's Temporary Authorization to Practice.

(f) Nothing in this Compact shall override a Compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the Compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or provide temporary psychological services under the Temporary Authorization to Practice in any other Compact state during the term of the alternative program.

(g) No other judicial or administrative remedies shall be available to a psychologist in the event a Compact state imposes an adverse action pursuant to subsection (c) of this section.
26 V.S.A. § 1727 — VT Code / Title 26 / Chapter 30 / Section 1727
§ 1727. Expiration date
Status: in_force

(a) An optometrist shall state the expiration date on the face of every prescription written by that optometrist for contact lenses. The expiration date shall be one year after the examination date unless a medical or refractive problem affecting vision requires an earlier expiration date.

(b) An optometrist shall not refuse to give the buyer a copy of the buyer's prescription after the expiration date; however, the copy shall be clearly marked to indicate that it is an expired prescription.
26 V.S.A. § 4912 — VT Code / Title 26 / Chapter 95 / Section 4912
§ 4912. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint three persons in accordance with 3 V.S.A. § 129b for three-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to applied behavior analysis. One of the initial appointments shall be for less than a three-year term.

(1) Two of these appointees shall be applied behavior analysts.

(A) An applied behavior analyst advisor appointee shall have not less than three years' experience as an applied behavior analyst immediately preceding appointment, shall be licensed as an applied behavior analyst in Vermont, and shall be actively engaged in the practice of applied behavior analysis in this State during incumbency.

(B) Not more than one of these appointees may be employed by a designated agency. As used in this subdivision, “designated agency” shall have the same meaning as in 18 V.S.A. § 7252.

(2) One of these appointees shall be the parent of an individual with autism or a developmental disorder who is a recipient of applied behavior analysis services. This appointee shall not have a child or other family member who is receiving applied behavior analysis services from one of the advisor appointees appointed under subdivision (1) of this subsection.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.
26 V.S.A. § 4184 — VT Code / Title 26 / Chapter 85 / Section 4184
§ 4184. Application for and issuance of license
Status: in_force

To become a licensed midwife, a person shall apply to the Director on a form the Director shall furnish. The application shall be accompanied by the specified fee and evidence that the person meets the eligibility requirements of section 4183 of this title.
26 V.S.A. § 284 — VT Code / Title 26 / Chapter 6 / Section 284
§ 284. Issuance of license
Status: in_force

(a) The Director shall issue a license to an applicant who has passed the examination as determined by the Director, has paid the required fee, and has completed all the requirements for the particular license.

(b) The Director shall issue a license to the person who owns or controls a shop or school of barbering, cosmetology, esthetics, or manicuring who has paid the required fee and is in compliance with the rules of the Director and the provisions of this chapter.

(c) The license shall be conspicuously displayed for the customer in the licensee's principal office, place of business, or place of employment.
26 V.S.A. § 6041 — VT Code / Title 26 / Chapter 109 / Section 6041
§ 6041. Inspections
Status: in_force

The Director or designee may inspect facilities, including the ring, where a mixed martial arts match is to be held, before or during any match or event, and the records required for each licensee and the event or match in accordance with this subchapter and rules adopted pursuant to this subchapter. The Director or designee may suspend an event license immediately for failure to comply with this subchapter or with any rules adopted in accordance with this subchapter.
26 V.S.A. § 1211 — VT Code / Title 26 / Chapter 21 / Section 1211
§ 1211. Definitions
Status: repealed

(a) As used in this chapter, unless a contrary meaning is required by the context:

(1) [Repealed.]

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

(3) “Funeral director” means a licensed person who is the owner, co-owner, employee, or manager of a licensed funeral establishment and who, for compensation, engages in the practice of funeral service.

(4) “Funeral establishment” means a business registered with the Office conducted at a specific street address or location devoted to the practice of funeral service, and includes a limited services establishment.

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

(6) “Practice of funeral service” means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation. This includes:

(A) meeting with the public to select a method of disposition or funeral observance and merchandise;

(B) entering into contracts, either at-need or pre-need, for the provision of dispositions, funeral observances, and merchandise;

(C) arranging, directing, or performing the removal or transportation of a dead human body;

(D) securing or filing certificates, permits, forms, or other documents;

(E) supervising or arranging a funeral, memorial, viewing, or graveside observance; and

(F) holding oneself out to be a licensed funeral director by using the words or terms “funeral director,” “mortician,” “undertaker,” or any other words, terms, title, or picture that, when considered in context, would imply that such person is engaged in the practice of funeral service or is a licensed funeral director.

(7) “Removal” means the removal of dead human bodies from places of death, hospitals, institutions, or other locations, for a fee or other compensation.

(8) “Disposition facility” means a business registered with the Office conducted at a specific street address or location devoted to the disposition of human remains by means of cremation, alkaline hydrolysis, or natural organic reduction.

(9) “Natural organic reduction” has the same meaning as in 18 V.S.A. § 5302.

(b) Nothing in this section shall prohibit:

(1) cemetery owners, associations, or their employees from engaging in any functions normally performed by them in the course of their everyday affairs as allowed by 18 V.S.A. chapter 121;

(2) the University of Vermont from engaging in functions normally performed by it in the course of receiving anatomical gifts for research or education, provided that embalming and removal of dead human remains are performed by persons licensed or registered under this chapter;

(3) immediate family members of the deceased from providing for the care, preparation, or disposition of dead human bodies; or

(4) religious or spiritual persons directly authorized by the immediate family members or authorized person of the deceased from providing for the care or preparation of dead human bodies without compensation.

(c) Notwithstanding this section, owners of a disposition facility and their personnel may engage in the listed activities in subdivision (a)(6) of this section only to the extent such functions are necessary to the performance of their duties. Specifically, personnel at a disposition facility may:

(1) provide for the disposition of dead human bodies by cremation, alkaline hydrolysis, or natural organic reduction and meet with the public to arrange and provide for the disposition;

(2) enter into contracts, without taking prepaid funds, for the provision of dispositions by cremation, alkaline hydrolysis, or natural organic reduction;

(3) arrange, direct, or perform the removal or transportation of a dead human body, provided that removals are performed by licensed removal personnel; and

(4) secure and file certificates, permits, forms, or other documents.
26 V.S.A. § 3215 — VT Code / Title 26 / Chapter 61 / Section 3215
§ 3215. Purpose
Status: in_force

(a) The purpose of this Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. 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 social work services;

(2) reduce overly burdensome and duplicative requirements associated with holding multiple licenses;

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

(4) encourage the cooperation of member states in regulating multistate practice;

(5) promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;

(6) support military families;

(7) facilitate the exchange of licensure and disciplinary information among member states;

(8) authorize all member states to hold a regulated social worker accountable for abiding by a member state's laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and

(9) allow for the use of telehealth to facilitate increased access to regulated social work services.
26 V.S.A. § 1716 — VT Code / Title 26 / Chapter 30 / Section 1716
§ 1716. Licensure by endorsement
Status: in_force

The Board may issue a license to an applicant who is licensed and currently in good standing in a United States jurisdiction having license requirements that are substantially equivalent to the requirements of this chapter.
26 V.S.A. § 611 — VT Code / Title 26 / Chapter 12 / Section 611
§ 611. License by examination
Status: in_force

(a) Qualifications for examination. To be eligible for examination for licensure as a dental therapist, an applicant shall:

(1) have attained the age of majority;

(2) be a Vermont-licensed dental hygienist;

(3) be a graduate of a dental therapist educational program administered by an institution accredited by the Commission on Dental Accreditation to train dental therapists;

(4) have successfully completed an emergency office procedure course approved by the Board; and

(5) pay the application fee set forth in section 662 of this chapter and an examination fee established by the Board by rule.

(b) Completion of examination.

(1)(A) An applicant for licensure meeting the qualifications for examination set forth in subsection (a) of this section shall pass a comprehensive, competency-based clinical examination approved by the Board and administered independently of an institution providing dental therapist education.

(B) An applicant shall also pass an examination testing the applicant's knowledge of the Vermont statutes and rules relating to the practice of dentistry approved by the Board.

(2) An applicant who has failed the clinical examination twice is ineligible to retake the clinical examination until further education and training are obtained as established by the Board by rule.

(c) The Board may grant a license to an applicant who has met the requirements of this section.

(d) A person licensed as a dental therapist under this section shall not be required to maintain his or her dental hygienist license.
26 V.S.A. § 5502 — VT Code / Title 26 / Chapter 106 / Section 5502
§ 5502. Exemptions
Status: in_force

This chapter does not apply to:

(1) an employee acting within the scope of his or her employment for a business organization registered under this chapter;

(2)(A) a professional engineer, licensed architect, or a tradesperson licensed, registered, or certified by the Department of Public Safety acting within the scope of his or her license, registration, or certification; or

(B) a business that performs residential construction if the work is performed primarily by or under the direct supervision of one or more employees who are individually exempt from registration under subdivision (2)(A) of this section;

(3) delivery or installation of consumer appliances, audio-visual equipment, telephone equipment, or computer network equipment;

(4) landscaping;

(5) work on a structure that is not attached to a residential building; or

(6) work that would otherwise require registration that a person performs in response to an emergency, provided the person applies for registration within a reasonable time after performing the work.
26 V.S.A. § 3027 — VT Code / Title 26 / Chapter 55 / Section 3027
§ 3027. Conditions of telepsychology practice in a Receiving State
Status: in_force

A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

(1) the psychologist initiates a client or patient contact in a Home State via telecommunications technologies with a client or patient in a Receiving State; and

(2) other conditions regarding telepsychology as determined by rules promulgated by the Commission.
26 V.S.A. § 4929 — VT Code / Title 26 / Chapter 95 / Section 4929
§ 4929. Supervision of assistant behavior analysts
Status: in_force

An assistant behavior analyst shall only engage in the practice of applied behavior analysis if he or she has a minimum of five hours per month of off-site case supervision by an applied behavior analyst. A supervising applied behavior analyst may require that his or her supervision of an assistant behavior analyst exceed the minimum requirements of this section, including the requirement that the supervision be on-site.
26 V.S.A. § 3059 — VT Code / Title 26 / Chapter 56 / Section 3059
§ 3059. Exemptions from registration and licensure requirements
Status: in_force

A health care professional is not required to obtain a telehealth registration or licensure solely to provide consultation services to another health care professional regarding care for a patient or client located in Vermont, provided the consulting health care professional holds a license, certificate, or registration to practice the profession in one or more U.S. jurisdictions and the consultation is based on a review of records without in-person or remote contact between the consulting health care professional and the patient or client.
26 V.S.A. § 4708 — VT Code / Title 26 / Chapter 91 / Section 4708
§ 4708. Examination
Status: in_force

Examinations shall be conducted under this chapter by a nationally recognized credentialing body approved by the Director. Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications that are necessary for the protection of the public health, safety, and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of licensees. The Director may authorize the use of independent testing services or other services to assist in the administration of examinations.
26 V.S.A. § 897 — VT Code / Title 26 / Chapter 15 / Section 897
§ 897. Administrative penalties; enforcement; liability
Status: in_force

(a) The Commissioner may, after notice and an opportunity for a hearing, assess an administrative penalty of not more than $1,000.00 for each violation against a person who violates any rule adopted under this subchapter, or any order lawfully issued under this subchapter. Penalties assessed under this section shall be based on the severity of the violation according to rules adopted by the Commissioner.

(b) The Superior Court for the county in which occurs a violation of any rule adopted or any order lawfully issued under this subchapter, on application by the Commissioner shall have jurisdiction to issue an order enjoining or restraining such violation. However, an election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner's authority to assess an administrative penalty under subsection (a) of this section.

(c) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation.
26 V.S.A. § 3175a — VT Code / Title 26 / Chapter 59 / Section 3175a
§ 3175a. Firearms instructor licensure; program of instruction
Status: repealed

(a) The Director shall license firearms training course instructors of private investigators and security guards licensed under this chapter and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs.

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

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

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

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

(4) a federal background check; and

(5) the application fee.

(c) [Repealed.]
26 V.S.A. § 3389 — VT Code / Title 26 / Chapter 73 / Section 3389
§ 3389. Renewals; continuing education
Status: in_force

(a) Certificates shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 30 hours of continuing education, approved by the Director, during the preceding two-year period. The Director, with the advice of the advisors appointed under section 3384 of this title, shall establish by rule guidelines and criteria for continuing education credit.

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

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

(d) The Director may, after notice and opportunity for hearing, revoke a person's right to reinstate certification if the certification has lapsed for five or more years.
26 V.S.A. § 4923 — VT Code / Title 26 / Chapter 95 / Section 4923
§ 4923. Licensure by endorsement
Status: in_force

A person may be licensed under this chapter if he or she:

(1)(A) possesses a valid registration or license to engage in the practice of applied behavior analysis issued by the appropriate regulatory authority of a state, territory, or possession of the United States, or the District of Columbia, based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter; or

(B) is certified as a board certified behavior analyst by the Behavior Analyst Certification Board; and

(2) meets any active practice requirements established by the Director by rule.
26 V.S.A. § 1736 — VT Code / Title 26 / Chapter 31 / Section 1736
§ 1736. Unprofessional conduct
Status: repealed

(a) The following conduct and the conduct described in section 1354 of this title by a licensed physician assistant shall constitute unprofessional conduct; when that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of licensure:

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

(2) occupational advertising or advertising about health care services that is intended or has a tendency to mislead or deceive the public;

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

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

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

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

(b) Unprofessional conduct includes the following actions by a licensed physician assistant:

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

(2) Practicing the profession when mentally or physically unfit to do so.

(3) Practicing as a physician assistant without a practice agreement meeting the requirements of section 1735a of this chapter, except under the circumstances described in subsections 1734c(b) and 1735a(e) of this chapter. The Board's receipt of a practice agreement filed in accordance with subsection 1735a(f) of this chapter shall not be construed to constitute Board approval of the practice agreement or of its contents.

(4) Accepting and performing responsibilities that the individual knows or has reason to know the individual is not competent to perform.

(5) Making any material misrepresentation in the practice of the profession, whether by commission or omission.

(6) The act of holding oneself out as, or permitting oneself to be represented as, a licensed physician.

(7) [Repealed.]

(8) Performing or offering to perform a task or tasks beyond the individual's scope of practice.

(9) Administering, dispensing, procuring, or prescribing any controlled substance otherwise than as authorized by law.

(10) Habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the ability to provide medical services.

(11) Failure to practice competently by reason of any cause on a single occasion or on multiple occasions. Failure to practice competently includes, as determined by the Board:

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

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

(c) A person aggrieved by a determination of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board.

(d) As used in this section, “health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.
26 V.S.A. § 5112 — VT Code / Title 26 / Chapter 99 / Section 5112
§ 5112. Advisor appointees
Status: in_force

(a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be pollution abatement facility operators and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appointed for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to operation. Two of the initial appointments may be for a term of fewer than five years.

(2) A pollution abatement facility operator appointee shall have not fewer than five years' experience as a pollution abatement facility operator immediately preceding appointment, shall be licensed as a pollution abatement facility operator in Vermont, and shall be actively engaged in the practice of pollution abatement facility operation in this State during incumbency.

(3) An appointee representing the Agency of Natural Resources shall be involved in the administration of the permitting program established under 10 V.S.A. § 1263.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.
26 V.S.A. § 2067 — VT Code / Title 26 / Chapter 36 / Section 2067
§ 2067. Wholesale distributors and manufacturers; licensure required
Status: repealed

(a) A person who is not licensed under this subchapter shall not engage in wholesale distribution or manufacturing in this State.

(b) [Repealed.]

(c) The Board may require a separate license for each facility directly or indirectly owned or operated by the same business entity, or for a parent entity with divisions, subsidiaries, or affiliate companies when operations are conducted at more than one location and there exists joint ownership and control among all the entities.

(d) An agent or employee of any licensed wholesale distributor or manufacturer shall not be required to obtain a license under this subchapter and may lawfully possess pharmaceutical drugs when that agent or employee is acting in the usual course of business or employment.
26 V.S.A. § 3197 — VT Code / Title 26 / Chapter 60 / Section 3197
§ 3197. Unprofessional conduct
Status: in_force

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

(b) The Office may discipline a certified peer support provider or a certified peer recovery support specialist for unprofessional conduct as provided in 3 V.S.A. § 129a.
26 V.S.A. § 5423 — VT Code / Title 26 / Chapter 105 / Section 5423
§ 5423. Establishments; designee and inspection
Status: in_force

(a) An establishment shall designate a massage therapist, bodyworker, or touch professional to be responsible for ensuring the establishment complies with the requirements of this chapter and the rules adopted by the Director.

(b) A person authorized by the Director may enter any establishment for the purpose of inspection when a complaint has been filed with the Office regarding the practice of massage or the practice of bodywork at that establishment. A fee shall not be charged for any inspection under this subsection.
26 V.S.A. § 1052 — VT Code / Title 26 / Chapter 19 / Section 1052
§ 1052. Definitions
Status: in_force

As used in this chapter:

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

(2) “License” means a current authorization granted by the Director permitting the practice of property inspecting.

(3) “Practice of property inspecting” means performing or offering to perform for the public for a fee or other compensation services involving the physical inspection of real property structures and other improvements in order to evaluate the condition of the property, including any safety issues or material defects.

(4) “Property inspector” means a person who is licensed under this chapter to engage in the practice of property inspecting.
26 V.S.A. § 2199 — VT Code / Title 26 / Chapter 39 / Section 2199
§ 2199. Inspections
Status: in_force

The Commissioner of Public Safety or designee may inspect premises subject to the rules adopted under section 2173 of this title.
26 V.S.A. § 4039 — VT Code / Title 26 / Chapter 76 / Section 4039
§ 4039. Certification without examination
Status: in_force

The Board may waive the examination requirement for licensure if the applicant is a marriage and family therapist regulated under the laws of another jurisdiction who is in good standing to practice marriage and family therapy in that jurisdiction and, in the opinion of the Board, the standards and qualifications required for regulation of marriage and family therapy in that jurisdiction are substantially equivalent to those required by this chapter. The Board may adopt by rule criteria for licensing marriage and family therapists who have five years' licensed or certified practice experience in another jurisdiction of the United States or Canada.
26 V.S.A. § 1216 — VT Code / Title 26 / Chapter 21 / Section 1216
§ 1216. Construction
Status: in_force

(a) Nothing herein shall be construed as meaning that a licensed funeral establishment shall not have the right to prepare at the residence or place of death or some place approved by the local board of health a dead human body for burial.

(b) Nothing in this chapter shall be construed to prevent a funeral director licensed in another state from performing the duties of a funeral director in this State provided a licensed funeral director in this State is granted similar powers in such other state.
26 V.S.A. § 4453 — VT Code / Title 26 / Chapter 87 / Section 4453
§ 4453. Exemptions
Status: in_force

The provisions of section 4452 of this chapter shall not apply to a person enrolled in a course of study leading to a degree or certificate in speech-language pathology at a school accredited by the American Speech-Language Hearing Association, provided:

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

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

(3) the person is under the direct supervision of a speech-language pathologist licensed in this State.
26 V.S.A. § 1643 — VT Code / Title 26 / Chapter 28 / Section 1643
§ 1643. Nursing assistant licensure by endorsement
Status: in_force

(a) The Board may issue a license to practice as a nursing assistant to an applicant who:

(1) is licensed or registered in another U.S. jurisdiction; and

(2) has met the practice requirements set by the Board by rule.

(b) Except as otherwise provided by law, the Board shall issue a license to practice as a nursing assistant to an applicant who:

(1) is a service member or a veteran;

(2) has received designation by the U.S. Armed Forces as a 68W Combat Medic Specialist or equivalent; and

(3) is certified as a National Registry Emergency Medical Technician.

(c) As used in this section:

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

(A) the U.S. Armed Forces;

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

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

(D) the National Guard of any state.

(2) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for licensure.
26 V.S.A. § 4104 — VT Code / Title 26 / Chapter 79 / Section 4104
§ 4104. Advisor appointees
Status: in_force

(a)(1) The Secretary of State shall appoint one licensed operator practicing tattooing, one licensed operator practicing body piercing, and one licensed operator practicing permanent cosmetics to serve as advisors in matters relating to tattooing, body piercing, and permanent cosmetics.

(2) Advisors shall have been practicing tattooing, body piercing, or permanent cosmetics for at least the three years immediately preceding appointment and shall actively be engaged in the practice of tattooing, body piercing, and permanent cosmetics in Vermont during incumbency.

(3) The appointees shall be appointed as set forth in 3 V.S.A. § 129b.

(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for that purpose.
26 V.S.A. § 2862 — VT Code / Title 26 / Chapter 52 / Section 2862
§ 2862. Fees
Status: in_force

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

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

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

(ii) In addition to the fee, an applicant for certification renewal shall submit evidence in a manner acceptable to the Board that he or she continues to meet the certification requirements of the ARRT and is licensed as a radiologic technologist under chapter 51 of this title.
26 V.S.A. § 1629 — VT Code / Title 26 / Chapter 28 / Section 1629
§ 1629. Fee waiver; pro bono practice
Status: in_force

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

(b) A license granted under this section shall authorize the licensee to practice nursing on a voluntary basis in Vermont.
26 V.S.A. § 581 — VT Code / Title 26 / Chapter 12 / Section 581
§ 581. Creation; qualifications
Status: in_force

(a) The State Board of Dental Examiners is created and shall consist of six licensed dentists in good standing who have practiced in this State for a period of five years or more and are in active practice; two licensed dental hygienists who have practiced in this State for a period of at least three years immediately preceding the appointment and are in active practice; one registered dental assistant who has practiced in this State for a period of at least three years immediately preceding the appointment and is in active practice; and two members of the public who are not associated with the practice of dentistry.

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

(c) A member of the Board shall not be an officer or serve on a committee of his or her respective state or local professional dental, dental therapy, dental hygiene, or dental assisting organization.
26 V.S.A. § 3321 — VT Code / Title 26 / Chapter 69 / Section 3321
§ 3321. Renewals
Status: repealed

(a) Except for a license issued to an appraisal management company, a licensed issued under this chapter shall be renewed biennially upon payment of the required fee and upon satisfactory completion of the minimum continuing education requirements established by AQB during the immediately preceding two-year period. An appraisal management company shall renew its license annually in compliance with State and federal regulations.

(b) If an individual or an appraisal management company fails to renew in a timely manner, he, she, or it may renew the license within 30 days of the renewal date by satisfying all requirements set forth in law, including, as applicable, those requirements of AQB for reactivation and payment of an additional late renewal penalty.

(c) The Director may reactivate the license of an individual or an appraisal management company whose license has lapsed for more than 30 days upon payment of the renewal fee, the reactivation fee, and the late renewal penalty, provided the individual or appraisal management company has satisfied all the requirements set forth in law, including, as applicable, those requirements of AQB for reactivation.

(d) The Director may require, by rule, as a condition of reactivation, that an applicant, other than an appraisal management company, undergo review of one or more aspects of the applicant's professional work in the practice of real estate appraising, provided that the manner and performance results of the review be specified by the Director. Such a review requirement shall:

(1) be adopted reasonably in advance of the time when it is first required to be met; and

(2) provide for compliance if the applicant shows that within the two years preceding renewal, the applicant underwent a satisfactory quality review for other purposes and that review was substantially equivalent to a review required under this section.

(e) [Repealed.]
26 V.S.A. § 1660 — VT Code / Title 26 / Chapter 29 / Section 1660
§ 1660. Use of title
Status: in_force

Any person who is certified to practice as an anesthesiologist assistant in this State shall have the right to use the title “anesthesiologist assistant” and the abbreviation “A.A.” No other person may assume that title or use that abbreviation, or any other words, letters, signs, or devices to indicate that the person using them is an anesthesiologist assistant. An anesthesiologist assistant shall not so represent himself or herself unless there is currently in existence a valid contract between the anesthesiologist assistant and his or her employer or supervising anesthesiologist, and unless the protocol under which the anesthesiologist assistant's duties are delegated is on file with, and has been approved by, the Board.
26 V.S.A. § 5609 — VT Code / Title 26 / Chapter 107 / Section 5609
§ 5609. License renewal
Status: in_force

A license shall be renewed every two years upon application, payment of the required fee in accordance with 3 V.S.A. § 125, and proof of compliance with such continuing education or periodic reexamination requirements established in the rules adopted in accordance with this chapter. The fee shall be paid biennially upon renewal.
26 V.S.A. § 3231 — VT Code / Title 26 / Chapter 62 / Section 3231
§ 3231. Definitions
Status: repealed

As used in this chapter:

(1) “Alcohol and drug abuse counselor” means a person who engages in the practice of alcohol and drug abuse counseling for compensation.

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

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

(4) [Repealed.]

(5) “Practice of alcohol and drug abuse counseling” means the application of methods, including psychotherapy, that assist an individual or group to develop an understanding of alcohol and drug abuse dependency problems or process disorders, and to define goals and plan actions reflecting the individual's or group's interests, abilities, and needs as affected by alcohol and drug abuse dependency problems and comorbid conditions.

(6) “Supervision” means the oversight of a person for the purposes of teaching, training, or clinical review by a licensed alcohol and drug abuse counselor or a qualified supervisor as determined by the Director by rule.
26 V.S.A. § 4604 — VT Code / Title 26 / Chapter 89 / Section 4604
§ 4604. Director; duties
Status: in_force

(a) The Director shall have the following duties:

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

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

(3) administer fees established by law;

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

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

(b) The Director, after consultation with the advisor appointees, may adopt rules necessary to perform the Director's duties under this chapter.
26 V.S.A. § 4902 — VT Code / Title 26 / Chapter 95 / Section 4902
§ 4902. Definitions
Status: in_force

As used in this chapter:

(1) “Applied behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis.

(2) “Assistant behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis under the supervision of an applied behavior analyst.

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

(4) “License” means a current authorization granted by the Director permitting the practice of applied behavior analysis.

(5) “Practice of applied behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications for the purpose of producing socially significant improvements in and understanding of behavior based on the principles of behavior identified through the experimental analysis of behavior.

(A) It includes the identification of functional relationships between behavior and environments.

(B) It uses direct observation and measurement of behavior and environment. Contextual factors, establishing operations, antecedent stimuli, positive reinforcers, and other consequences are used, based on identified functional relationships with the environment, in order to produce practical behavior change.
26 V.S.A. § 4406 — VT Code / Title 26 / Chapter 86 / Section 4406
§ 4406. Eligibility
Status: in_force

To be eligible for licensure as an electrologist, an applicant:

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

(2) shall:

(A) have satisfactorily completed a course of study of at least 600 hours at a school of electrolysis approved by the Director in consultation with the advisor appointees that meets or exceeds the standards set by the American Electrology Association, and have passed the examination described in section 4407 of this title; or

(2)*/ (B) possess a current license or certification in good standing in another jurisdiction having requirements substantially equivalent to those in this State.
26 V.S.A. § 3001 — VT Code / Title 26 / Chapter 55 / Section 3001
§ 3001. Definitions
Status: repealed

As used in this chapter:

(1) “Practice of psychology” means rendering or offering to render to individuals, groups, or organizations, for a consideration, any service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior that are primarily drawn from the science of psychology. The science of psychology includes assessment, diagnosis, prevention, and amelioration of adjustment problems and emotional and mental disorders of individuals and groups.

(2) “Psychologist” or “practicing psychologist” means a person who is licensed to practice psychology under this chapter.

(3) “Psychologist-doctorate” means a person who is so licensed under this chapter.

(4) “Psychologist-master” means a person who is so licensed under this chapter.

(5) “Board” means the Board of Psychological Examiners established under this chapter.

(6) “Disciplinary action” or “disciplinary cases” includes any action taken by a board against a licensee, applicant, or person engaged in supervised practice toward licensure as a psychologist, premised upon a finding of wrongdoing or unprofessional conduct by that individual. It includes all sanctions authorized under this chapter, but excluding obtaining injunctions.

(7) “Unprofessional conduct” means conduct prohibited by section 3016 of this title or by other statutes relating to the practice of psychology, whether or not taken by a license holder.

(8) “Financial interest” means being:

(A) a psychologist;

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

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

(9) “Institution of higher education” means a university, professional school, or other institution of higher learning that:

(A) in the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation of the U.S. Department of Education;

(B) in Canada, holds a membership in the Association of Universities and Colleges of Canada; or

(C) in any other country, is accredited by the respective official organization having such authority.

(10) “Professional psychology training program” means a postgraduate training program that:

(A) is a planned program of study, defined by the Board by rule, that reflects an integration of the science and practice of psychology and emphasizes assessment, intervention, psychopathology, statistical methods, and professional ethics, including practice and internship; or

(B) is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology, or is accredited by the American Psychological Association or the Canadian Psychological Association; or

(C) is a master's program in psychology that is offered by an educational institution that is a full member of the Council of Applied Master's Programs in Psychology (CAMPP).

(11) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master's degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or to interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.

(12) [Repealed.]
26 V.S.A. § 3263 — VT Code / Title 26 / Chapter 65 / Section 3263
§ 3263. Allied Mental Health Board; duties
Status: in_force

(a) The Board shall:

(1) provide general information to applicants for licensure as clinical mental health counselors;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to licensed clinical mental health counselors and applicants and complaint procedures to the public;

(4) receive applications for licensure, license applicants under this chapter, renew licenses, and revoke, reinstate, or condition licenses.

(b) The Board may adopt rules necessary to perform its duties under subsection (a) of this section.
26 V.S.A. § 1420n — VT Code / Title 26 / Chapter 23 / Section 1420n
§ 1420n. Organization and operation of the Interstate Commission
Status: in_force

(a) The Interstate Commission shall, by a majority of the Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within 12 months of the first Interstate Commission meeting.

(b) The Interstate Commission shall elect or appoint annually from among its Commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission.

(c) Officers selected in subsection (b) of this section shall serve without remuneration from the Interstate Commission.

(d) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(1) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
26 V.S.A. § 4031 — VT Code / Title 26 / Chapter 76 / Section 4031
§ 4031. Definitions
Status: in_force

As used in this chapter:

(1) “American Association for Marriage and Family Therapy” means a national professional association of marriage and family therapists that accredits marriage and family therapy academic programs and provides direction and leadership for marriage and family therapy practice, education, and research.

(2) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title.

(3) “Licensed marriage and family therapist” means a person who is licensed under this chapter.

(4) “Commission” means the Commission on Accreditation for Marriage and Family Therapy Education, the committee of the American Association for Marriage and Family Therapy that reviews and accredits academic programs in marriage and family therapy that are offered at both regionally recognized colleges and universities and at independent post-graduate training institutes.

(5) “Disciplinary action” includes any action taken by the Board against a licensed marriage and family therapist on a finding of unprofessional conduct by the licensed marriage and family therapist or an applicant. It includes all sanctions of any kind, such as refusing to license a person as a marriage and family therapist or to renew a licensure, suspension or revocation of the person's licensure, issuing warnings, and other such limitations.

(6) “Marriage and family services” means the diagnosis and treatment of mental conditions or disabilities, whether cognitive, affective, or behavioral, from the context of marital and family systems. It further involves the professional application of psychotherapeutic and family systems theory and technique in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed mental conditions or disabilities.

(7) “Marriage and family therapy” means the rendering of professional marriage and family services to individuals, family groups, couples, singly or in groups, whether such services are offered directly to the general public or through organizations either private or public, for compensation, monetary or otherwise.
26 V.S.A. § 5510 — VT Code / Title 26 / Chapter 106 / Section 5510
§ 5510. Prohibitions and remedies
Status: in_force

(a) A person who does not register as required pursuant to this chapter may be subject to an injunction or a civil penalty, or both, for unauthorized practice as provided in 3 V.S.A. § 127(b).

(b) The Office of Professional Regulation may discipline a registrant or certificant for unprofessional conduct as provided in 3 V.S.A. § 129a, except that 3 V.S.A. § 129a(b) does not apply to a registrant.

(c) The following conduct by a registrant, certificant, applicant, or person who later becomes an applicant constitutes unprofessional conduct:

(1) failure to enter into a written contract when required by this chapter;

(2) failure to maintain liability or workers' compensation insurance as required by law;

(3) committing a deceptive act in commerce in violation of 9 V.S.A. § 2453;

(4) falsely claiming certification under this chapter, provided that this subdivision does not prevent accurate and nonmisleading advertising or statements related to credentials that are not offered by this State; and

(5) selling or fraudulently obtaining or furnishing a certificate of registration, certification, license, or any other related document or record, or assisting another person in doing so, including by reincorporating or altering a trade name for the purpose or with the effect of evading or masking revocation, suspension, or discipline against a registration issued under this chapter.
26 V.S.A. § 3222 — VT Code / Title 26 / Chapter 61 / Section 3222
§ 3222. Military families
Status: in_force

An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.
26 V.S.A. § 1365 — VT Code / Title 26 / Chapter 23 / Section 1365
§ 1365. Notice of conviction of crime; interim suspension of license
Status: in_force

(a) The Board shall treat a notice of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of conviction shall be conclusive evidence of the fact that the conviction occurred.

(b) Upon receipt of the certified copy of the judgment of conviction of a crime for which a licensee may be disciplined for unprofessional conduct, the Board may immediately suspend that person's license until the time for appeal has elapsed and no appeal has been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the Board. The Board shall notify the licensee whose license has been suspended under this section and advise the licensee of his or her right to request a hearing, within 90 days. At such hearing, the licensee shall have the burden of showing why the suspension should not remain in effect pending appeal.

(c) The disciplinary hearing shall not be commenced until all appeals from the conviction are concluded unless the licensee requests that the matter not be deferred. The sole issue to be determined at such hearing shall be the nature of the disciplinary action to be taken by the Board.

(d) An interim suspension ordered under subsection (b) of this section shall automatically terminate if the licensee demonstrates that the conviction that served as the basis of the interim suspension has been reversed or vacated. However, a reversal or vacated conviction shall not prohibit the Board from pursuing disciplinary action based on any cause other than the overturned conviction.
26 V.S.A. § 529 — VT Code / Title 26 / Chapter 10 / Section 529
§ 529. Powers; duties
Status: in_force

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

(1) Provide general information to applicants.

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

(3) Conduct a competency evaluation where radiographic services are performed by licensees required to demonstrate competency under section 525 of this title to ensure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The evaluation fee required under section 535 of this title shall not be assessed more than once in any two-year period against any licensee evaluated under this subdivision. The Director of the Office of Professional Regulation may contract with the Department of Health or others to perform evaluations under this subsection.

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

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

(2) procedures for continued competency evaluation;

(3) procedures for radiation safety;

(4) procedures for competency standards for license applications and renewals;

(5) rules relating to medical recordkeeping standards and release of medical records;

(6) rules establishing requirements for licensing chiropractors with five years' licensed experience in another jurisdiction of the United States or Canada.
26 V.S.A. § 3016 — VT Code / Title 26 / Chapter 55 / Section 3016
§ 3016. Unprofessional conduct
Status: in_force

Unprofessional conduct means the conduct listed in this section and in 3 V.S.A. § 129a:

(1) Failing to make available, upon written request of a person using psychological services to succeeding health care professionals or institutions, copies of that person's records in the possession or under the control of the licensee.

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

(3) Conduct that evidences moral unfitness to practice psychology.

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

(5) Harassing, intimidating, or abusing a client or patient.

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

(7) Practicing outside or beyond a psychologist's area of training or competence without appropriate supervision.

(8) In the course of practice, failure to use and exercise that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent psychologist engaged in similar practice under the same or similar conditions, whether or not actual injury to a client or patient has occurred.

(9) Conduct that violates the “Ethical Principles of Psychologists and Code of Conduct” of the American Psychological Association, effective December 1, 1992, or its successor principles and code.

(10) Conduct that violates the “ASPPB Code of Conduct-1990” of the Association of State and Provincial Psychology Boards, or its successor code.

(11) Use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
26 V.S.A. § 615 — VT Code / Title 26 / Chapter 12 / Section 615
§ 615. Application of other laws
Status: in_force

(a) A dental therapist authorized to practice under this chapter shall not be in violation of section 562 of this chapter as it relates to the unauthorized practice of dentistry if the practice is authorized under this chapter and under the collaborative agreement.

(b) A dentist who permits a dental therapist to perform a dental service other than those authorized under this chapter or any dental therapist who performs an unauthorized service shall be in violation of section 584 of this chapter.
26 V.S.A. § 3275a — VT Code / Title 26 / Chapter 65 / Section 3275a
§ 3275a. Purpose
Status: in_force

(a) The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. 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 professional counseling 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 practice for licensed professional counselors;

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

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

(6) allow for the use of telehealth technology to facilitate increased access to professional counseling services;

(7) support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

(8) invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

(9) eliminate the necessity for licenses in multiple states; and

(10) provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
26 V.S.A. § 2195 — VT Code / Title 26 / Chapter 39 / Section 2195
§ 2195. Licenses
Status: in_force

(a) All licenses expire on the last day of a month designated by the Board. A license shall be valid for two years. The Board shall renew a valid license issued under this chapter on receipt of an application for renewal and the required fee before the expiration date of the license.

(b) If a licensee fails to renew his or her license prior to expiration, the licensee may reinstate the license within 90 days of its expiration by paying the reinstatement fee of $15.00 in addition to the renewal fee.

(c) If the licensee fails to renew within 90 days of the expiration of the license, the licensee shall appear before the Board to request reinstatement.

(d) After July 1, 1996, applicants for license renewal shall provide to the Board evidence of completion of eight hours of continued training or instruction, approved by the Board, within the previous 24-month period.
26 V.S.A. § 1709 — VT Code / Title 26 / Chapter 30 / Section 1709
§ 1709. Functioning of Board of Optometry
Status: repealed

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

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

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

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

(e) [Repealed.]

(f) [Repealed.]
26 V.S.A. § 2291 — VT Code / Title 26 / Chapter 41 / Section 2291
§ 2291. General provisions
Status: in_force

(a) A real estate license shall not be authority for more than one person to perform the activities listed in section 2211 of this chapter.

(b) A registered brokerage firm shall designate in its application the individual who is to serve as the principal broker under the brokerage firm registration.

(c) Every applicant for licensure shall have attained the age of majority.
26 V.S.A. § 1832a — VT Code / Title 26 / Chapter 33 / Section 1832a
§ 1832a. Licensure without examination
Status: repealed

(a) A person shall be entitled to licensure without examination if he or she is a diplomate of the National Board of Examiners for Osteopathic Physicians and Surgeons.

(b) A person shall be entitled to licensure without examination if, at the time of application, he or she produces satisfactory evidence of the following and, in the judgment of the Board, he or she is qualified in all respects for a license:

(1) licensure in another U.S. or Canadian jurisdiction whose requirements are substantially equivalent to the requirements of this chapter; and

(2) the person has been granted a diploma by an accredited school or college of osteopathic medicine.

(c) [Repealed.]
26 V.S.A. § 1092 — VT Code / Title 26 / Chapter 19 / Section 1092
§ 1092. License renewal
Status: in_force

(a) A license shall be renewed every two years on a schedule determined by the Director upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.

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

(c) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than five years as a property inspector is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.
26 V.S.A. § 2821a — VT Code / Title 26 / Chapter 51 / Section 2821a
§ 2821a. License for primary modalities; common requirements
Status: in_force

The Director shall recognize and follow the ARRT and the NMTCB primary certification process. The Director shall issue a license to practice in one of the following three primary modalities to any person who in addition to the other requirements of this section, has reached the age of majority and has completed preliminary education equivalent to at least four years of high school:

(1) Radiography. The Director shall issue a radiography license to any person who, in addition to meeting the general requirements of this section:

(A) has graduated from a radiologic technology training program offered by a school of radiologic technology approved by ARRT; and

(B) has obtained primary certification in radiography from ARRT.

(2) Nuclear medicine technology. The Director shall issue a nuclear medicine technology license to any person who, in addition to meeting the general requirements of this section:

(A) has graduated from a nuclear medicine technology program offered by a school of nuclear medicine technology approved by ARRT or NMTCB; and

(B) has obtained primary certification in nuclear medicine technology from ARRT or NMTCB.

(3) Radiation therapy. The Director shall issue a radiation therapy license to any person who, in addition to meeting the general requirements of this section:

(A) has graduated from a radiation therapy training program offered by a school of radiologic technology approved by ARRT; and

(B) has obtained primary certification in radiation therapy from the ARRT.
26 V.S.A. § 1656 — VT Code / Title 26 / Chapter 29 / Section 1656
§ 1656. Renewal of certification
Status: in_force

(a) Certifications shall be renewed every two years. At least one month prior to the date on which renewal is required, the Board shall send to each anesthesiologist assistant a renewal application form and notice of the date on which the existing certification will expire. On or before the renewal date, the anesthesiologist assistant shall file an application for renewal, pay the required fee, and submit proof of current active NCCAA certification. The Board shall register the applicant and issue the renewal certification. Within one month following the date renewal is required, the Board shall pay the certification renewal fees into the Medical Practice Board Special Fund.

[Subsection (b) effective 60 days after the adoption of board rules.]

(b) A certification 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 back renewal fees for the periods when certification was lapsed. However, if such certification remains lapsed for a period of three years, the Board may require the applicant to update his or her knowledge and skills as defined by Board rules.
26 V.S.A. § 2297 — VT Code / Title 26 / Chapter 41 / Section 2297
§ 2297. Nonresident broker
Status: in_force

A nonresident of the State, who has held a real estate broker's or salesperson's license in the previous state of residence for a period of two years prior to applying for a license, may be licensed to act in a similar capacity in this State by conforming to the provisions of this chapter regarding application for and securing of license, except that the application shall be accompanied by a statement from the regulatory body of the other state concerning whether the applicant has been the subject of any criminal or disciplinary investigation or action.
26 V.S.A. § 3005 — VT Code / Title 26 / Chapter 55 / Section 3005
§ 3005. 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, social workers, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are psychologists or are licensed to practice psychology.

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

(1) in the practice of a religious ministry;

(2) in employment or rehabilitation counseling;

(3) as an employee of or under contract with the Agency of Human Services, provided that the person does not practice psychotherapy as defined in section 3001 of this title;

(4) as a mediator;

(5) in an official evaluation for court purposes;

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

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

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed by the Board of Psychological Examiners.
26 V.S.A. § 5364 — VT Code / Title 26 / Chapter 103 / Section 5364
§ 5364. Personal appearance required
Status: repealed

(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public.

(b) [Repealed.]
26 V.S.A. § 4506 — VT Code / Title 26 / Chapter 87 / Section 4506
§ 4506. Active duty military personnel or their spouses
Status: in_force

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change the individual's home state through application for licensure in the new state.
26 V.S.A. § 623 — VT Code / Title 26 / Chapter 12 / Section 623
§ 623. Licensure by endorsement based on training and experience
Status: in_force

The Board may grant a license to an applicant who has met the training and experience requirements established by the Board by rule under its authority provided in this chapter.
26 V.S.A. § 1734 — VT Code / Title 26 / Chapter 31 / Section 1734
§ 1734. Eligibility
Status: repealed

(a) The Board may grant a license to practice as a physician assistant to an applicant who meets all of the following requirements:

(1) Submits a completed application form provided by the Board.

(2) Pays the required application fee.

(3) Has graduated from an accredited physician assistant program or has passed and maintained the certification examination by the National Commission on the Certification of Physician Assistants (NCCPA) prior to 1988.

(4) Has passed the Physician Assistant National Certifying Examination administered by the NCCPA.

(5) Is mentally and physically able to engage safely in practice as a physician assistant.

(6) Does not hold any license, certification, or registration as a physician assistant in another state or jurisdiction that is under current disciplinary action, or has been revoked, suspended, or placed on probation for cause resulting from the applicant's practice as a physician assistant, unless the Board has considered the applicant's circumstances and determines that licensure is appropriate.

(7) Is of good moral character.

(8) Submits to the Board any other information that the Board deems necessary to evaluate the applicant's qualifications.

(9) Has engaged in practice as a physician assistant within the last three years or has complied with the requirements for updating knowledge and skills as defined by Board rules. This requirement shall not apply to applicants who have graduated from an accredited physician assistant program within the last three years.

(b), (c) [Repealed.]

(d) When the Board intends to deny an application for licensure, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the Board for review of its preliminary decision. At the hearing, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the Board shall affirm or reverse its preliminary denial.

(e) Failure to maintain competence in the knowledge and skills of a physician assistant, as determined by the Board, shall be cause for revocation of licensure.
26 V.S.A. § 2903 — VT Code / Title 26 / Chapter 53 / Section 2903
§ 2903. Unauthorized practice
Status: in_force

A person may not administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying the truth of statements or attempt to hold himself or herself out as a polygraph examiner or refer to himself or herself by any other title that would indicate or that is intended to indicate or calculated to mislead members of the public into believing that he or she is qualified to apply instrumentation to detect deception or to verify the truth of statements without being licensed as a polygraph examiner as provided in this chapter.
26 V.S.A. § 82 — VT Code / Title 26 / Chapter 1 / Section 82
§ 82. Confidential communications
Status: in_force

(a) No firm or any of its employees or other public accountants engaged by the firm, shall disclose any confidential information obtained in the course of a professional engagement except with the consent of the client or former client or as disclosure may be required by law, legal process, or the standards of the profession.

(b) This section does not limit the authority of this State or of the United States to subpoena and use information in connection with any investigation, or proceedings. This section does not prohibit a public accountant whose professional competence has been challenged in a court or before an administrative agency from disclosing confidential information as a part of a defense.

(c) Nothing in this chapter prohibits a firm or any of its employees, from disclosing any data to other public accountants, peer review teams, or partnerships or corporations of public accountants engaged in conducting peer reviews under the auspices of a recognized professional association, or any of their employees, in connection with peer reviews of the accountant's accounting and auditing practice.

(d) Nothing contained in this chapter prohibits a firm or any of its employees, from disclosing any data in confidence to any representative of a recognized professional association or to the Board in connection with a professional ethics investigation or in the course of a peer review.
26 V.S.A. § 1664 — VT Code / Title 26 / Chapter 29 / Section 1664
§ 1664. Penalty
Status: in_force

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

(b) In addition to the penalty provided in subsection (a) of this section, the Attorney General or a State's Attorney may bring a civil action to restrain continuing violations of this section.
26 V.S.A. § 2198 — VT Code / Title 26 / Chapter 39 / Section 2198
§ 2198. Exceptions; license not required
Status: in_force

(a) All plumbing and specialty work performed in Vermont shall be performed by persons licensed under this chapter except that a license shall not be required for the following types of work:

(1) Any plumbing and specialty work performed by an owner or the owner's regular employees in the owner-occupied, freestanding single family dwelling or in outbuildings accessory to the owner-occupied, single family dwelling.

(2) Installations of plumbing systems in laboratories for experimental purposes only.

(3) A person who regularly employs a maintenance person whose duties include the maintenance of plumbing on the property of that person.

(4) Plumbing or specialty installations performed as part of a training project of a vocational school or other educational institution. However, the installation shall be inspected if the building is to be sold as a private dwelling or public building.

(5) A person who performs miscellaneous jobs of manual labor on the person's own property in the course of which plumbing repairs or alterations are made.

(6) For the construction, repair, or maintenance of buildings used exclusively for agricultural purposes and animal housing located on owner-occupied farms.

(7) Work performed by employees of any public or private water company, who in the main course of their employment install, maintain, or repair water supply pipes, meters, or control valves.

(b) Plumbing installed or maintained by persons included in this section shall conform to State law. (1959, No. 215, § 16, eff. June 2, 1959; amended 1969, No. 84, § 9, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 6; 1993, No. 176 (Adj. Sess.), § 18.)
26 V.S.A. § 2908 — VT Code / Title 26 / Chapter 53 / Section 2908
§ 2908. Refusal, suspension, revocation
Status: in_force

The Commissioner may, pursuant to 3 V.S.A. chapter 25, refuse to issue or may suspend or revoke a license on any one or more of the following grounds:

(1) failure to inform a subject to be examined as to the nature of the examination;

(2) failure to inform a subject to be examined that his or her participation in the examination is voluntary;

(3) making a material misstatement in the application for original license or in the application for any renewal license;

(4) willful disregard or violation of this chapter or of any regulation or rule issued hereunder, including willfully making a false report concerning an examination for polygraph examination purposes;

(5) conviction of a felony or misdemeanor involving moral turpitude;

(6) making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business;

(7) having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter;

(8) allowing one's license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter;

(9) willfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto;

(10) being adjudged as mentally incompetent by any court of this or any other state;

(11) failing, within a reasonable time, to provide information requested by the Commissioner of Public Safety as the result of a formal complaint to him or her that would indicate a violation of this chapter; or

(12) failing to inform the subject of the results of the examination if so requested.
26 V.S.A. § 4042 — VT Code / Title 26 / Chapter 76 / Section 4042
§ 4042. Unprofessional conduct
Status: in_force

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

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

(2) Conduct that evidences moral unfitness to practice marriage and family therapy.

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

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

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

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

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

(b) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the Board may take disciplinary action against the licensed marriage and family therapist or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to appropriate treatment.

(2) A restriction that a licensed marriage and family therapist practice only under the supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensed marriage and family therapist participate in continuing education as directed by the Board in order to overcome specified deficiencies.

(4) A requirement that the licensed marriage and family therapist's scope of practice be restricted to a specified extent.

(c) The Board may reinstate a revoked license on terms and conditions that the Board deems to be proper.
26 V.S.A. § 3275h — VT Code / Title 26 / Chapter 65 / Section 3275h
§ 3275h. Adverse actions
Status: in_force

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

(1)(A) Take adverse action against a licensed professional counselor's privilege to practice within that member state.

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

(2) Only the home state shall have the power to take adverse action against a licensed professional counselor's license issued by the home state.

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

(c) The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

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

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

(f) Joint investigations.

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

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

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

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

(i) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
26 V.S.A. § 273 — VT Code / Title 26 / Chapter 6 / Section 273
§ 273. Exemptions
Status: in_force

The provisions of this chapter regulating barbers and cosmetologists shall not:

(1) affect or prevent the practice of barbering or cosmetology by a student at a school recognized by the Director;

(2) limit or restrict in any manner the right of a practitioner of another licensed profession or occupation from carrying on in the usual manner any of the functions incidental to that profession or occupation;

(3) prohibit a licensee from providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:

(A) patients or residents within a hospital, nursing home, community care home, or any similar facility;

(B) persons who are homebound, disabled, or in a hospice or similar program, or to deceased persons in a funeral home;

(C) persons as part of a special event, provided the sanitation standards expected of licensees in licensed shops are followed;

(4) affect or prevent individuals from serving as make-up artists or hairdressers in the theatrical and performing arts industries;

(5) affect or prevent the practice of barbering or cosmetology outside a registered shop or school by licensees in accordance with rules adopted by the Director;

(6) affect or prevent the practice of barbering or cosmetology within the confines of a State correctional facility by a person incarcerated therein, who has completed training acceptable to the Commissioner of Corrections; or

(7) affect or prevent the practice of natural hair braiding or styling, provided such practice does not involve cutting; the application of chemicals, dyes, or heat; or other changes to the structure of hair.
26 V.S.A. § 1371 — VT Code / Title 26 / Chapter 23 / Section 1371
§ 1371. Access to documents; discovery
Status: in_force

(a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all information in the possession of the Department of Health pertaining to the licensee, except:

(A) investigatory files that have not resulted in charges of unprofessional conduct;

(B) materials that constitute attorney work product; and

(C) any other document or information that the Board has an obligation to protect from disclosure.

(2) The Executive Director shall notify the licensee of the right to inspect and copy information as provided in subsection 1372(b) of this chapter.

(b) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to produce fact witnesses, expert witnesses, and evidence on the licensee's own behalf, to cross-examine witnesses testifying against the licensee, and to engage in other methods of discovery as set forth by order of the Board or its hearing officer.

(c) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to request to depose witnesses by motion to the Board or its hearing officer. Any deposition so ordered shall be subject to:

(1) the provisions of section 1376 of this chapter, relating to confidentiality and the inadmissibility of certain evidence;

(2) limitations or conditions necessary to protect witnesses who are minors or who are adults subject to a guardianship or conservatorship; and

(3) such other reasonable limitations as the Board or its hearing officer may provide in the interests of justice and consistent with the provisions of 3 V.S.A. § 810, relating to rules of evidence and official notice in contested cases.
26 V.S.A. § 4602 — VT Code / Title 26 / Chapter 89 / Section 4602
§ 4602. Definitions
Status: in_force

As used in this chapter:

(1) “Auction” means the offering of real or personal property for sale by means of exchanges between an auctioneer and bidders.

(2) “Auctioneer” means a person who, for a fee or other compensation, conducts, advertises, or offers services to conduct auctions. Not included in this definition are persons required or authorized by law to sell real or personal property to retailers or merchants.

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

(4) “Disciplinary action” means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a licensed auctioneer or an applicant. It includes all sanctions of any kind, including the denial of licensure and the issuance of warnings, reprimands, conditions, suspensions, or revocations of licensure.
26 V.S.A. § 3261 — VT Code / Title 26 / Chapter 65 / Section 3261
§ 3261. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Allied Mental Health Practitioners established under this chapter.

(2) “Clinical mental health counseling” means providing, for a consideration, professional counseling services that are primarily drawn from the theory and practice of psychotherapy and the discipline of clinical mental health counseling, involving the application of principles of psychotherapy, human development, learning theory, group dynamics, and the etiology of mental illness and dysfunctional behavior to individuals, couples, families, and groups, for the purposes of treating psychopathology and promoting optimal mental health. The practice of clinical mental health counseling includes diagnosis and treatment of mental conditions or psychiatric disabilities and emotional disorders, psychoeducational techniques aimed at the prevention of such conditions or disabilities, consultations to individuals, couples, families, groups, organizations, and communities, and clinical research into more effective psychotherapeutic treatment modalities.

(3) “Clinical mental health counselor” means a person who is licensed to practice clinical mental health counseling under this chapter.

(4) “Disciplinary action” includes any action taken by the Board against a licensed clinical mental health counselor or applicant premised on a finding that the licensed clinical mental health counselor or applicant has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license, and issuing warnings.

(5) “Allied mental health fields” include those fields for which training includes coursework in the diagnosis and treatment of mental disorders.

(6) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master's degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or to interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.
26 V.S.A. § 2414 — VT Code / Title 26 / Chapter 44 / Section 2414
§ 2414. Fees
Status: in_force

Applicants and persons regulated under this chapter shall pay the following fees:
26 V.S.A. § 72a — VT Code / Title 26 / Chapter 1 / Section 72a
§ 72a. General licensing provisions
Status: repealed

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

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

(c) [Repealed.]
26 V.S.A. § 2134 — VT Code / Title 26 / Chapter 38 / Section 2134
§ 2134. State participation in the Compact
Status: in_force

(a) To participate in the Compact, a state must:

(1) participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules;

(2) have a mechanism in place for receiving and investigating complaints about licensees;

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

(4) fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b) of this section;

(5) comply with the rules of the Commission;

(6) utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

(7) have continuing competence requirements as a condition for license renewal.

(b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.

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

(d) Member states may charge a fee for granting a compact privilege.
26 V.S.A. § 1836 — VT Code / Title 26 / Chapter 33 / Section 1836
§ 1836. Biennial renewal of license; continuing education
Status: repealed

(a)(1) A license issued under this chapter shall be renewed every two years upon application, payment of the required fee, and proof of completion of required continuing education. Failure to comply with the provisions of this section shall result in the suspension of all privileges granted to the licensee, beginning on the expiration date of the license.

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

(b) The Director may adopt rules necessary for the protection of the public to ensure that an applicant whose license has lapsed or who has not worked for more than three years as an osteopathic physician is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(c) As a condition of renewal, a licensee shall complete a minimum of 30 hours of continuing medical education, during the preceding two-year period. The 30 hours of continuing medical education shall meet the requirements established by the Board by rule.

(d) [Repealed.]
26 V.S.A. § 5412 — VT Code / Title 26 / Chapter 105 / Section 5412
§ 5412. Advisor appointees
Status: in_force

(a) The Secretary of State shall appoint three advisors of suitable qualifications, as described in this section, to advise the Director on matters relating to the practice of massage and the practice of bodywork.

(b) The Secretary shall appoint the advisors to serve, at the Secretary's pleasure, for five-year staggered terms. To stagger the advisors' terms, the Secretary may initially appoint two of the advisors for less than a five-year term.

(c) Two of the three advisors shall be massage therapists, bodyworkers, or touch professionals registered under this chapter who have been actively engaged in the practice of massage or the practice of bodywork, or both, for the three-year period immediately preceding appointment. These two advisors shall maintain their registrations in this State and be actively engaged in the practice of massage or the practice of bodywork, or both during their incumbency.

(d) Director shall seek the advice of the advisors in carrying out the provisions of this chapter.
26 V.S.A. § 2076 — VT Code / Title 26 / Chapter 36 / Section 2076
§ 2076. Inspection powers; access to wholesale distributor and manufacturer records
Status: in_force

(a) A person authorized by the Board may enter, during normal business hours, all open premises purporting or appearing to be used by a wholesale distributor or manufacturer for purposes of inspection.

(b)(1) Wholesale distributors and manufacturers may keep records regarding purchase and sales transactions at a central location apart from the principal office of the wholesale distributor or the location at which the drugs were stored and from which they were shipped, provided that such records shall be made available for inspection within two working days of a request by the Board.

(2) Records may be kept in any form permissible under federal law applicable to prescription drugs record keeping.

(c) If the Board determines it is necessary to inspect a certain premises under the same ownership more than once in any two-year period, the Board may charge a reinspection fee of not more than $500.00.
26 V.S.A. § 2173 — VT Code / Title 26 / Chapter 39 / Section 2173
§ 2173. Rules adopted by the Board
Status: in_force

(a) The Plumber's Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenance of a water heater at a minimum temperature. To the extent that a rule of the Board conflicts with this subsection or with 18 V.S.A. chapter 40, that rule shall be invalid and unenforceable. The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the Commissioner of Public Safety shall each have authority to enforce these rules. The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards and shall be consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74. The Board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code and as needed shall adopt a Vermont-specific amendment to the adopted code to ensure that it is consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74.

(b) The Commissioner shall make rules and adopt procedures and priorities for inspections and enforcement. Installations regulated by the Board shall be inspected by a State plumbing inspector. The Commissioner may set priorities based on consideration of health risks to persons and property, type and size of the building, and the complexity and size of the installation or job.

(c) The Commissioner or any State plumbing inspector designated by the Commissioner shall have the authority to enter any premises in which an installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of performing inspections necessary to carry out inspection responsibilities under this subchapter. If the owner or occupant of the premises refuses entry, the Commissioner may apply to any Superior Court to issue an order enforcing the right of entry.
26 V.S.A. § 2541 — VT Code / Title 26 / Chapter 45 / Section 2541
§ 2541. Creation and organization of Board
Status: in_force

(a) A State board of land surveyors is created to regulate the licensure of land surveyors. It shall be called “Board of Land Surveyors.”

(b) The Board shall consist of five licensed land surveyors and two 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. Public members 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.

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

(d) One member shall have been licensed under this chapter after written examination taken within the five years immediately preceding the date of appointment.