reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4402. Definitions

§ 4402. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Disciplinary action” means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a certified electrologist or an applicant. It includes all sanctions of any kind, including obtaining injunctions, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings, and other similar sanctions.
(3) “Electrology” means the removal of hair by electrical current using needle/probe electrode-type epilation, which would include electrolysis (direct current/DC), thermolysis (alternating current/AC), or a combination of both (superimposed or sequential blend). “Electrology” includes the use of lasers approved by the U.S. Food and Drug Administration for electrology by electrologists possessing a special license endorsement set forth in subsection 4404(d) of this chapter.
(4) “Electrology office” means a facility regularly used to offer or to perform the practice of electrology.
(5) “Practice of electrology” or “practicing electrology” means engaging in the performance of electrology. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 37, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 49; 2009, No. 103 (Adj. Sess.), § 51; 2013, No. 138 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4403. Prohibition; penalty; construction

§ 4403. Prohibition; penalty; construction
(a) A person shall not use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed electrologist unless the person is licensed in accordance with this chapter.
(b) A person shall not practice or attempt to practice electrology or hold himself or herself out as being able to do so in this State without first having obtained a license as required by this chapter.
(c) A person licensed under this chapter shall not use lasers for hair removal without obtaining from the Director the special license endorsement set forth in subsection 4404(d) of this chapter.
(d) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127.
(e) This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation that is regulated by this State from performing services within the scope of his or her professional practice. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 102; 2007, No. 29, § 71; 2013, No. 138 (Adj. Sess.), § 49; 2015, No. 38, § 38, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4404. Director; duties

§ 4404. Director; duties
(a) The Director shall have the following duties:
(1) provide general information to applicants for licensure as electrologists;
(2) explain appeal procedures to licensed electrologists and applicants and complaint procedures to the public;
(3) administer fees established by law;
(4) receive applications for licensure, issue licensure to applicants qualified under this chapter, deny or renew licenses, and issue, revoke, suspend, condition, and reinstate licenses as ordered by an administrative law officer;
(5) refer complaints and disciplinary matters to an administrative law officer.
(b) The Director may inspect electrology offices used for the practice of electrology. A fee shall not be charged for inspections under this subsection.
(c) The Director, after consultation with the advisor appointees, may adopt rules necessary to perform the Director’s duties under this chapter.
(d) The Director shall adopt rules regulating a special license endorsement that shall authorize an electrologist to use lasers for hair removal. These rules shall require an electrologist to complete a comprehensive laser hair removal course satisfactorily in order to obtain this special license endorsement. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 38, eff. June 13, 2002; 2005, No. 27, § 103; 2013, No. 138 (Adj. Sess.), § 50; 2019, No. 178 (Adj. Sess.), § 23, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4405. Advisor appointees

§ 4405. Advisor appointees
(a) The Secretary of State shall appoint two licensed electrologists for five-year terms to serve as advisors in matters relating to electrologists. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years’ experience as an electrologist immediately preceding appointment and shall be actively engaged in the practice of electrology in Vermont during incumbency.
(b) The Director shall seek the advice of the electrologist advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 104.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4406. Eligibility

§ 4406. Eligibility
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. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 39, eff. June 13, 2002; 2005, No. 27, § 105; 2009, No. 35, § 40.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4407. Examination

§ 4407. Examination
(a) The Director shall examine applicants for licensure as electrologists at such times and places as the Director may determine.
(b) Examinations and examination procedures shall be fair and reasonable. They shall be designed to ensure that all applicants who demonstrate possession of the minimal occupational qualifications that are consistent with the public health, safety, and welfare are granted licensure. Examinations shall not be designed or implemented for the purpose of limiting the number of licensees.
(c) The Director shall examine applicants for licensure and may use a standardized national examination. The Director may limit, by rule, the number of times a person may take an examination. Before selecting the examination, the Director shall consult the advisors appointed under section 4405 of this title. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 106.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4408. Application

§ 4408. Application
A person who desires to be licensed as an electrologist shall apply to the Director in writing, on a form furnished by the Director, accompanied by payment of a fee required pursuant to section 4412 of this title and evidence that the applicant meets the requirements set forth in section 4406 of this title. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 107.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4409. Electrology office license

§ 4409. Electrology office license
(a) No electrology office shall operate in this State without first obtaining an electrology office license from the Office of Professional Regulation and paying the fee provided in section 4412 of this title. Electrology office applications shall be in the form required by the Director.
(b) No electrology office shall be granted a license unless the office complies with this chapter and rules adopted under this chapter.
(c) Each electrology office shall have a designated licensed electrologist responsible for overall cleanliness and sanitation of the office.
(d) The practice of electrology shall be permitted only in licensed electrology offices. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 40, eff. June 13, 2002; 2005, No. 27, § 108.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4410. Renewals; continuing education

§ 4410. Renewals; continuing education
(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. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; 2005, No. 27, § 109.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4411. Unprofessional conduct

§ 4411. Unprofessional conduct
(a) Unprofessional conduct includes misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed electrologist or an applicant.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed electrologist or applicant. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4412. Fees

§ 4412. Fees
In addition to examination fees, applicants and licensees regulated under this chapter shall be subject to the fees set forth in 3 V.S.A. § 125(b). (Added 2001, No. 129 (Adj. Sess.), § 41, eff. June 13, 2002; amended 2005, No. 27, § 111; 2019, No. 70, § 26.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4451. Definitions

§ 4451. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Disciplinary action” means any action taken by the administrative law officer appointed pursuant to 3 V.S.A. § 129(j) against a licensee or applicant for licensure under this chapter, premised on a finding that the person has engaged in unprofessional conduct. “Disciplinary action” includes all sanctions of any kind, including obtaining injunctions, refusal to give an examination, refusal to grant or renew a license, suspension or revocation of a license, placement of limitations or restrictions upon a license, issuance of warnings, ordering restitution, and other similar sanctions.
(3) “Office” means the Office of Professional Regulation.
(4) “Practice of speech-language pathology” includes:
(A) screening, identifying, assessing and interpreting, diagnosing, rehabilitating, treating, and preventing disorders of language and speech, including disorders involving articulation, fluency, and voice;
(B) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function, including dysphagia and related disorders;
(C) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating communication disorders;
(D) assessing, selecting, and developing augmentative and alternative communication systems, and providing training in their use;
(E) providing aural rehabilitation, speech-language, and related counseling services to individuals who are hard of hearing or experiencing auditory processing problems and their families;
(F) enhancing speech-language proficiency and communication effectiveness, including accent modification; and
(G) screening of hearing and other factors for the purpose of speech-language evaluation, or the initial identification of individuals with other communication disorders.
(5) “Secretary” means the Secretary of State.
(6) “Speech-language pathologist” means a person licensed to practice speech-language pathology under this chapter.
(7) “Speech-language pathology” means the application of principles, methods, and procedures related to the development and disorders of human communication, which include any and all conditions that impede the normal process of human communication. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 5, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 276, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 182; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4452. Prohibitions; penalties

§ 4452. Prohibitions; penalties
(a) A person shall not:
(1) practice or attempt to practice speech-language pathology or hold oneself out as being permitted to do so in this State unless the person is licensed in accordance with this chapter;
(2) use in connection with the person’s name an insignia or any letters or words that indicate the person is a speech-language pathologist unless the person is licensed in accordance with this chapter; or
(3) practice speech-language pathology after the person’s license under this chapter has been suspended or revoked.
(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation shall be subject to the pertinent penalties provided in 3 V.S.A. § 127. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. June 27, 2002; amended 2007, No. 29, § 72; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4453. Exemptions

§ 4453. Exemptions
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. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4454. Construction

§ 4454. Construction
This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation that is regulated by this State from performing services within the scope of his or her professional practice. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 6, eff. July 1, 2007; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4455. Advisor appointees

§ 4455. Advisor appointees
(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.] (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 7, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 277, eff. Feb. 14, 2014; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4456. Director duties

§ 4456. Director duties
(a) The Director shall administer the application and renewal process for all licensees under this chapter, and shall:
(1) provide information to applicants for licensure under this chapter;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to licensees and applicants and explain complaint procedures to the public;
(4) explain sanctions, including license revocation and suspension, that may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;
(5) receive applications for licensure, grant licensure under this chapter, renew licenses, and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;
(6) with the advice of the advisor appointees, adopt rules necessary to implement the provisions of this chapter, which may include rules providing for the issuance of a restricted, provisional license to a person in the process of completing the postgraduate professional training required by subdivision 4457(3) of this chapter;
(7) prepare and maintain a registry of licensed speech-language pathologists; and
(8) issue to each person licensed a certificate of licensure that shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed speech-language pathologist, subject to the conditions and limitations of this chapter.
(b) [Repealed.] (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 8, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 278, eff. Feb. 14, 2014; 2015, No. 38, § 39, eff. Sept. 1, 2015; 2017, No. 48, § 32.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4457. Licensure; applications; eligibility

§ 4457. Licensure; applications; eligibility
An applicant for licensure under this chapter shall submit an application to the Office on a form furnished by the Office, along with payment of the specified fee and evidence of the eligibility qualifications established by the Director that shall include, at a minimum:
(1) a master’s degree or equivalent in speech-language pathology from an educational institution approved by the Director with course work completed in areas specified by rule;
(2) completion of a supervised clinical practicum, the length and content of which shall be established by rule;
(3) completion of a period, as determined by rule, of postgraduate professional training as approved by the Director; and
(4) passing an examination in speech-language pathology approved by the Director. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 9, eff. July 1, 2007; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4458. Renewals; continuing education

§ 4458. Renewals; continuing education
A license shall be renewed on a schedule set by the Director upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the Director. The Director shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 10, eff. July 1, 2007; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4459. Fees

§ 4459. Fees
Each applicant and licensee shall pay the fees set forth in 3 V.S.A. § 125. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2015, No. 38, § 39, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4500. Audiology and Speech-Language Pathology Interstate Compact; adoption

§ 4500. Audiology and Speech-Language Pathology Interstate Compact; adoption
This subchapter is the Vermont adoption of the Audiology and Speech-Language Pathology Interstate Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Audiology and Speech-Language Pathology Interstate Compact that is enacted by other Compact party states. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4501. Purpose

§ 4501. Purpose
(a) The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This Compact is designed to achieve the following objectives:
(1) increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
(2) enhance the states’ ability to protect the public’s health and safety;
(3) encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
(4) support spouses of relocating active duty military personnel;
(5) enhance the exchange of licensure, investigative, and disciplinary information between member states;
(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and
(7) allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4505. Compact privilege to practice telehealth

§ 4505. Compact privilege to practice telehealth
Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 4503 of this subchapter and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4506. Active duty military personnel or their spouses

§ 4506. Active duty military personnel or their spouses
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. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4509. Data system

§ 4509. Data system
(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure and the reason or reasons for denial; and
(6) other information that may facilitate the administration of this Compact as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4511. Oversight, dispute resolution, and enforcement

§ 4511. Oversight, dispute resolution, and enforcement
(a) Dispute resolution.
(1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.
(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(b) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4512. Date of implementation of the Interstate Commission for audiology and speech-language pathology practice and associated rules, withdrawal, and amendment

§ 4512. Date of implementation of the Interstate Commission for audiology and speech-language pathology practice and associated rules, withdrawal, and amendment
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4513. Construction and severability

§ 4513. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4514. Binding effect of Compact and other laws

§ 4514. Binding effect of Compact and other laws
(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(d) All agreements between the Commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 87 - Speech-Language Pathologists › § 4515. Administration of the Compact

§ 4515. Administration of the Compact
(a) The Office of Professional Regulation shall have the power to:
(1) oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact; and
(2) recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist subject to the provisions and rules of the Compact.
(b) The Director of the Office of Professional Regulation shall designate the two delegates of the Compact for the State of Vermont pursuant to subsection 4508(b) of this subchapter. (Added 2023, No. 36, § 2, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4602. Definitions

§ 4602. Definitions
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. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 34; 2005, No. 27, § 112; 2013, No. 27, § 47.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4603. Prohibition; penalty

§ 4603. Prohibition; penalty
(a) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed auctioneer unless the person is licensed in accordance with this chapter.
(b) No person shall provide services as an auctioneer as defined by this chapter unless the person is licensed in accordance with this chapter.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 35; 2007, No. 29, § 73.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4604. Director; duties

§ 4604. Director; duties
(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. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4605. Advisor appointees

§ 4605. Advisor appointees
(a) The Secretary of State shall appoint two licensed auctioneers for five-year terms to serve as advisors in matters relating to auctioneers. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years’ experience as an auctioneer immediately preceding appointment, and shall be actively engaged in practice as an auctioneer in Vermont during incumbency.
(b) The Director shall seek the advice of the auctioneer advisors in carrying out the provisions of this chapter. The advisors 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. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4606. Application

§ 4606. Application
(a) A person who desires to be licensed as an auctioneer shall apply to the Director, in writing, on a form furnished by the Director, accompanied by payment of the required fee. As a prerequisite to licensure, an applicant for licensure as an auctioneer shall have:
(1) completed a course of instruction at an auctioneering school approved by the Director with course requirements consisting of at least 40 clock hours; or
(2) completed an apprenticeship of at least 250 hours of experience obtained within one calendar year that includes active participation in at least six auctions, including bid calling, under the direction and supervision of an auctioneer licensed and in good standing with this State or the state in which he or she is licensed and who has been in practice a minimum of three years. Such proof may be in the form of a sworn affidavit from the supervising auctioneer, including information as the Director may reasonably require on forms provided by the Director. Auctioneer apprentices shall contact the Office for the appropriate forms prior to beginning the apprenticeship. Registered apprentices may perform auctioneering incidental to their apprenticeship under the direct supervision of a licensed auctioneer.
(b)(1) The Director shall license otherwise qualified applicants who have obtained a license in another jurisdiction that has licensure requirements substantially equivalent to those in this State.
(2) For experienced applicants from states without licensure, the Director may allow related education, training, or experience of the applicant on a case-by-case basis to be a substitute for all or part of the apprenticeship requirement. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 36; 2005, No. 27, § 113; 2013, No. 27, § 47a.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4607. Renewals

§ 4607. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee.
(b) Biennially, the Director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.
(c) Any application for 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. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4608. Claims

§ 4608. Claims
Final settlement of accounts between consignors of auctioned goods and any auctioneer licensed under this chapter shall be made within 30 days of the auction sale from which the consignment was made. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 89 - Auctioneers › § 4609. Unprofessional conduct

§ 4609. Unprofessional conduct
(a) The term “unprofessional conduct” means misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed auctioneer or an applicant.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed auctioneer or applicant. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4702. Prohibition; offenses

§ 4702. Prohibition; offenses
(a) No person shall practice or attempt to practice respiratory care or hold himself or herself out as being able to do so in this State without first having obtained a license.
(b) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a respiratory care practitioner unless licensed in accordance with this chapter.
(c) No person shall practice or attempt to practice respiratory care while his or her license has been revoked or suspended.
(d) A person who violates a provision of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2003, No. 139 (Adj. Sess.), § 2; amended 2005, No. 148 (Adj. Sess.), § 50; 2007, No. 29, § 74.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4703. Professional identification

§ 4703. Professional identification
(a) A person holding a license to practice respiratory care in this State shall use the title “respiratory care practitioner” and the abbreviation “R.C.P.”
(b) A licensee shall show his or her license when requested.
(c) A person matriculated in an accredited respiratory education program shall use the title “student respiratory therapist” and the abbreviation “S.R.T.” (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4704. Director of the Office of Professional Regulation; duties

§ 4704. Director of the Office of Professional Regulation; duties
(a) The Director shall:
(1) provide general information to applicants for licensure as respiratory care practitioners;
(2) administer fees as provided for under 3 V.S.A. § 125(b);
(3) explain appeal procedures to respiratory care practitioners and applicants and explain complaint procedures to the public;
(4) receive applications for licensure, license applicants under this chapter, and renew licenses;
(5) refer all disciplinary matters to an administrative law officer;
(6) revoke, suspend, reinstate, or condition licenses as ordered by an administrative law officer;
(7) issue reprimands or impose administrative penalties as ordered by an administrative law officer.
(b) The Director of the Office of Professional Regulation, with the advice of the advisor appointees, may adopt rules necessary to perform the duties provided under this chapter. (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4705. Advisor appointees

§ 4705. Advisor appointees
(a) The Secretary of State shall appoint two respiratory care practitioners to serve as advisors in matters relating to respiratory care. They shall be appointed for staggered five-year terms and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a five-year term.
(b) Each appointee shall have at least three years of experience as a respiratory care practitioner during the period immediately preceding appointment and shall be actively practicing respiratory care in Vermont and remain in good standing during incumbency.
(c) The Director shall seek the advice of the respiratory care practitioners appointed under this section in carrying out the provisions of this chapter. These appointees shall be entitled to compensation and necessary expenses in the amounts provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 2003, No. 139 (Adj. Sess.), § 2; amended 2005, No. 27, § 114.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4706. Application

§ 4706. Application
To apply for licensure as a respiratory care practitioner, a person shall apply to the Director on a form furnished by the Director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director. (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4707. Eligibility

§ 4707. Eligibility
To be eligible for licensure as a respiratory care practitioner, an applicant shall:
(1) have completed a respiratory care educational program as defined in subdivision 4701(10) of this title; and
(2) pass a standardized national examination approved by the Director. (Added 2003, No. 139 (Adj. Sess.), § 2; amended 2007, No. 163 (Adj. Sess.), § 43.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4708. Examination

§ 4708. Examination
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. (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4709. Licensure without examination; endorsement

§ 4709. Licensure without examination; endorsement
(a) The Director may issue a license to practice respiratory care by endorsement and without examination to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory, or country, and who is in good standing to practice respiratory care in that jurisdiction, and, in the opinion of the Director, the standards and qualifications required for regulation of respiratory care in that state or territory are currently at least equal to those required by this chapter.
(b) An applicant for licensure by endorsement may practice under the indirect supervision and responsibility of a licensed respiratory care practitioner in this State, providing the applicant obtains a temporary license and the following are met:
(1) A current supervisor of record form is on file with the Director.
(2) The application is complete, except the Director may be waiting for validation of out-of-state licenses. (Added 2003, No. 139 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 91 - Respiratory Care › § 4710. Temporary licensure

§ 4710. Temporary licensure
(a) A temporary license without examination for practice under the direction of a respiratory care practitioner licensed in Vermont may be issued to a person who applies for the first time to practice respiratory care in this State as a respiratory care practitioner and meets all other qualifications of section 4707 of this title.
(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as a respiratory care practitioner until:
(1) The applicant takes the next examination provided by the Director and a determination is made of the applicant’s qualification to practice in this State.
(2) The necessary data for licensure without examination are collected and ruled on by the Director.
(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the Director by rule and shall not be renewed, except by petitioning the Director, subject to proof of an exceptional cause shown by the applicant. (Added 2003, No. 139 (Adj. Sess.), § 2.)