reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2903. Unauthorized practice

§ 2903. Unauthorized practice
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. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2904. Qualifications for license

§ 2904. Qualifications for license
A person may be licensed as a polygraph examiner or an intern if he or she:
(1) establishes that he or she is a person of honesty, truthfulness, integrity, and moral fitness;
(2) has not been convicted of a felony or a misdemeanor involving moral turpitude;
(3) except in the case of an intern, is a graduate of a polygraph examiners course approved by the Commissioner; and
(4) has satisfactorily completed not less than six months of internship training or has completed such other training as the Commissioner may prescribe. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2905. Application for license or internship license

§ 2905. Application for license or internship license
An application for a polygraph operator’s license or an internship license shall be made to the Commissioner in writing under oath on forms prescribed by him or her and shall be accompanied by the required nonrefundable fee. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2906. Examination and license fees

§ 2906. Examination and license fees
(a) The Commissioner shall adopt rules for the examination and licensing of all applicants under this chapter and may adopt such other rules as are required to carry out the intent or purposes of this chapter.
(b)(1) Fees are established for the issuance of examiner’s licenses, internship licenses, and duplicates and renewals thereof.
(2) Fees collected under this subsection shall be credited to a special fund and shall be available to the Department of Public Safety to offset the cost of providing the service. (Added 1975, No. 110; amended 1999, No. 49, § 166.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2907. Termination and renewal of license

§ 2907. Termination and renewal of license
Each polygraph examiner’s license shall be issued for the term of one year and shall, upon application, unless suspended or revoked, be renewed annually. An internship license may be issued for a period not to exceed 12 months and may not be renewed. A polygraph examiner whose license has expired may at any time within two years after the expiration thereof obtain a renewal license without examination by applying therefor and satisfying the provisions of section 2904 of this title. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2908. Refusal, suspension, revocation

§ 2908. Refusal, suspension, revocation
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. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2909. Penalty

§ 2909. Penalty
Any person who violates a provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 53 - Polygraph Examiners › § 2910. Effect

§ 2910. Effect
Nothing in this chapter shall be construed as altering, overruling, amending, or repealing any statute, regulation, rule of court, or judicial decision with respect to the admissibility or use of the results of polygraph examinations as evidence in a court of law or administrative proceeding. (Added 1975, No. 110.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3002. Prohibitions

§ 3002. Prohibitions
(a) A person who is not licensed under this chapter shall not engage in the practice of psychology.
(b) A person who is not licensed under this chapter shall not use the title “psychologist” or any title that contains that word. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3003. Penalties

§ 3003. Penalties
A person who violates section 3002 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 2005, No. 27, § 83; 2007, No. 29, § 39.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3004. Exceptions

§ 3004. Exceptions
This chapter shall not apply to a person engaged or acting:
(1) In the discharge of his or her duties as a student of psychology.
(2) In the discharge of his or her duties as a psychologist in an accredited academic institution.
(3) In the discharge of his or her duties in a business, corporation, or research laboratory, provided that he or she is performing those duties for which he or she is employed within the confines of the corporation or organization, and provided that the corporation or organization does not sell psychological services to the public for a fee.
(4) In clinical training for licensure as a clinical social worker or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person’s title indicates his or her training status and that the person does not identify himself or herself as a psychologist. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 222 (Adj. Sess.), § 1b; 1995, No. 126 (Adj. Sess.), § 11; 1997, No. 145 (Adj. Sess.), § 14; 1999, No. 52, § 24; 2007, No. 163 (Adj. Sess.), § 30; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 103 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3005. Exemptions

§ 3005. Exemptions
(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. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1987, No. 245 (Adj. Sess.), § 4; 1993, No. 98, § 3; 1993, No. 222 (Adj. Sess.), § 2; 1995, No. 126 (Adj. Sess.), § 4; 1997, No. 145 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3006. Board; establishment

§ 3006. Board; establishment
The Board of Psychological Examiners is established, which shall consist of five members. The Board shall be composed of three licensed psychologists and two other persons who are consumers but neither of whom are psychologists. Consumer members shall have no financial interest in the practice of psychology, either personally or through a spouse, parent, child, brother, or sister. At least one but not more than two of the psychologists shall represent the practice of psychology within the Agency of Human Services or a community mental health center. All members of the Board shall have been residents of the State of Vermont for at least two years prior to their appointment to the Board. When a person who is an employee of or under contract with a community mental health center is subject to disciplinary action and the Agency of Human Services member or the community mental health center member has a conflict of interest, the Secretary of State shall appoint a psychologist who is an employee of another community mental health center to serve as an ad hoc member of the Board. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 3; 2005, No. 27, § 84.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3007. Board members; appointments

§ 3007. Board members; appointments
Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 4; 2005, No. 27, § 85.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3009. Organization of Board

§ 3009. Organization of Board
The Board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the Chair or at written request of any two members of the Board. A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 2005, No. 27, § 86.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3009a. Powers and duties of Board

§ 3009a. Powers and duties of Board
(a) The Board shall adopt rules necessary to perform its duties under this chapter, including rules that:
(1) specify educational and other prerequisites for obtaining licensure;
(2) explain complaint and appeal procedures to licensees, applicants, and the public;
(3) explain continuing education requirements; and
(4) explain how the Board shall investigate suspected unprofessional conduct.
(b) The Board may:
(1) establish or approve continuing education programs;
(2) conduct hearings;
(3) receive assistance from the Director of the Office of Professional Regulation and from the Attorney General or an attorney assigned by the Office of Professional Regulation. (Added 1981, No. 241 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 222 (Adj. Sess.), § 2a; 1997, No. 145 (Adj. Sess.), § 31; 2005, No. 27, § 87.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3010. Fees; licenses

§ 3010. Fees; licenses
Applicants and persons regulated under this chapter shall pay the following fees:
(3) [Repealed.]
(4) [Repealed.] (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 66; 1991, No. 167 (Adj. Sess.), § 50; 1997, No. 59, § 61, eff. June 30, 1997; 2007, No. 76, § 7; 2009, No. 103 (Adj. Sess.), § 22; 2011, No. 33, § 4; 2013, No. 191 (Adj. Sess.), § 18a.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3011a. Applications

§ 3011a. Applications
(a) Any person desiring to obtain a license as a psychologist shall make application therefor to the Board upon such form and in such manner as the Board prescribes and shall furnish evidence satisfactory to the Board that he or she:
(1) is at least 18 years of age;
(2)(A) possesses a doctoral degree in psychology and has completed 4,000 hours of supervised practice as defined by the Board by rule, of which no fewer than 2,000 hours were completed after the doctoral degree in psychology was received; or
(B) possesses a master’s degree in psychology and has completed 4,000 hours of supervised practice as defined by the Board by rule of which no fewer than 2,000 hours were completed after the master’s degree in psychology was received; and
(3) has successfully completed the examinations designated by the Board.
(b) A person engaged in supervised practice in Vermont, if not licensed as a clinical mental health counselor, marriage and family therapist, licensed independent clinical social worker, or licensed master’s social worker shall be registered on the roster of psychotherapists who are nonlicensed and noncertified.
(c) In exceptional cases, the Board may waive any requirement of this section if in its judgment the applicant demonstrates appropriate qualifications. (Added 1997, No. 40, § 34; amended 2011, No. 116 (Adj. Sess.), § 52; 2013, No. 138 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3013. Conduct of examinations

§ 3013. Conduct of examinations
(a) The Board shall conduct examinations under this chapter at least twice a year at a time and place designated by it; provided, however, that examinations need not be conducted at times when there are no applicants requesting to be examined. Examinations may be written, computer-administered, computer-adapted, or oral as determined by the Board. In any written examination, each applicant shall be designated by a number so that his or her name is not disclosed to the Board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the Board deems most suitable to test an applicant’s knowledge and competence to engage in the practice of psychology. An applicant shall be held to have passed an examination upon the affirmative vote of at least four members of the Board.
(b) Examinations administered by the Board and its procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are admitted to practice if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees.
(c) If a licensee has a principal place of business, a license shall be prominently displayed at that place. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3014. Licensure by endorsement

§ 3014. Licensure by endorsement
(a) The Board may at any time issue a license, upon payment of the required fee, if the applicant presents evidence that he or she:
(1) is licensed or certified to practice psychology in another jurisdiction in which the requirements for such licensing or certification are, in the judgment of the Board, substantially equivalent to those required by this chapter and the rules of the Board;
(2) is a diplomat in good standing of the American Board of Professional Psychology;
(3) holds evidence of professional qualification from an individual certification program acceptable to the Board; and
(4) has taken and passed an examination on the Vermont laws and rules governing the practice of psychology.
(b) The Board may at any time issue a license, upon payment of the required fee, to an applicant who is licensed as a psychologist at the doctoral level in another jurisdiction of the United States or Canada in which the requirements for licensure are not, in the judgment of the Board, substantially equivalent to those required by this chapter and the rules of the Board if the applicant:
(1) Is in good standing with no pending charges as verified to the Board by the licensing authorities of all jurisdictions in which the applicant has held a license;
(2) Has practiced as a licensed psychologist at the doctoral level for an average of at least 1,000 hours per year for a minimum of seven years. The seven years’ licensed practice experience need not immediately precede the application so long as the applicant has remained licensed for five years preceding the application; and
(3) Has had no disciplinary history resulting in a finding of unprofessional conduct in any jurisdiction. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1999, No. 52, § 25; 2005, No. 27, § 88; 2013, No. 27, § 33.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3015. Renewals

§ 3015. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee.
(b) Two months prior to the expiration of the license, the Director of the Office of Professional Regulation shall forward to the holder a form or application of renewal. Upon the 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 in addition require the payment of a reinstatement fee. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.
(d) Continuing education units.
(1) As a condition of renewal, the Board shall require that licensees establish that they have satisfied continuing education requirements established by Board rule and this subsection.
(2) Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont’s health care system.
(3) Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training.
(4) Upon application, the Board may exempt from continuing education requirements a licensee on active duty in the U.S. Armed Forces if obtaining continuing education credits would be impossible in practice or a significant hardship for the licensee.
(5) If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 6; 1999, No. 133 (Adj. Sess.), § 23; 2007, No. 163 (Adj. Sess.), § 31; 2021, No. 117 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3016. Unprofessional conduct

§ 3016. Unprofessional conduct
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. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 7; 1993, No. 222 (Adj. Sess.), § 3; 1997, No. 145 (Adj. Sess.), § 50; 1999, No. 52, § 26; 1999, No. 133 (Adj. Sess.), § 24; 2013, No. 27, § 34; 2015, No. 138 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3016a. Disciplinary action

§ 3016a. Disciplinary action
(a) After giving opportunity for hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.
(b) In connection with any disciplinary action, the Board may:
(1) refuse to accept the return of a license tendered by the subject of a disciplinary investigation;
(2) refuse to license a person who has been found guilty or who is under investigation in another jurisdiction for an offense that would constitute unprofessional conduct in this State;
(3) issue warnings to a licensee;
(4) suspend, revoke, or reinstate licenses;
(5) notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against an applicant or licensee, provided that the Board has taken disciplinary action against that person or the Board had made a finding after opportunity for hearing that there is probable cause to believe that disciplinary action is warranted; and
(6) require restitution of fees received from a complainant.
(c) The Board shall investigate all complaints and charges of unprofessional conduct against any licensee. The Board shall not discontinue a pending investigation or disciplinary case by reason of the absence of the applicant or licensee from the State. (Added 1981, No. 241 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3017. Disclosure of information

§ 3017. Disclosure of information
The Board shall adopt rules requiring licensed psychologists to disclose to each client the psychologist’s professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the psychologist and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3018. Telepractice

§ 3018. Telepractice
Licensees who provide services regulated under this chapter by means of the Internet or any other electronic means are deemed to provide such services in this State, and are subject to the jurisdiction of the Board. The Board may take disciplinary or other action against such licensees. Action taken by the Board does not preclude any other jurisdiction from also taking disciplinary or other action against such licensees. (Added 1999, No. 133 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3021. Psychology Interjurisdictional Compact; adoption

§ 3021. Psychology Interjurisdictional Compact; adoption
Vermont hereby enacts and adopts the Psychology Interjurisdictional 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 Psychology Interjurisdictional Compact that is enacted by other Compact party states. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3022. Purpose

§ 3022. Purpose
(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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3024. Home State licensure

§ 3024. Home State licensure
(a) The Home State shall be a Compact state where a psychologist is licensed to practice psychology.
(b) A psychologist may hold one or more Compact state licenses at a time. If the psychologist is licensed in more than one Compact state, the Home State is the Compact state where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
(c) Any Compact state may require a psychologist not previously licensed in a Compact state to obtain and retain a license to be authorized to practice in the Compact state under the circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
(d) Any Compact state may require a psychologist to obtain and retain a license to be authorized to practice in a Compact state under circumstances not authorized by the Temporary Authorization to Practice under the terms of this Compact.
(e) A Home State’s license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact state:
(1) currently requires the psychologist to hold an active E.Passport;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and
(5) complies with the bylaws and rules of the Commission.
(f) A Home State’s license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact state:
(1) currently requires the psychologist to hold an active IPC;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) requires an identity history summary of applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and
(5) complies with the bylaws and rules of the Commission. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3027. Conditions of telepsychology practice in a Receiving State

§ 3027. Conditions of telepsychology practice in a Receiving State
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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3029. Additional authorities invested in Compact state’s psychology regulatory authority

§ 3029. Additional authorities invested in Compact state’s psychology regulatory authority
(a) In addition to any other powers granted under state law, a Compact state’s psychology regulatory authority shall have the authority under this Compact to:
(1) Issue subpoenas for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact state’s psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another Compact state, shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located; and
(2) Issue cease and desist or injunctive relief orders, or both, to revoke a psychologist’s Authority to Practice Interjurisdictional Telepsychology or the Temporary Authorization to Practice, or both.
(b) During the course of any investigation, a psychologist may not change the psychologist’s Home State licensure. A Home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change the psychologist’s Home State licensure. The Commission shall promptly notify the new Home State of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by Compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by Compact states. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3030. Coordinated licensure information system

§ 3030. Coordinated licensure information system
(a) The Commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all psychologists to whom this Compact is applicable in all Compact states as defined by the rules of the Commission.
(b) Notwithstanding any other provision of state law to the contrary, a Compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) significant investigatory information;
(4) adverse actions against a psychologist’s license;
(5) an indicator that a psychologist’s Authority to Practice Interjurisdictional Telepsychology or Temporary Authorization to Practice, or both, is revoked;
(6) nonconfidential information related to alternative program participation information;
(7) any denial of application for licensure and the reasons for such denial; and
(8) other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) The coordinated database administrator shall promptly notify all Compact states of any adverse action taken against, or significant investigative information on, any licensee in a Compact state.
(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the Compact state reporting the information.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the Compact state reporting the information shall be removed from the coordinated database. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3034. Date of implementation of the Psychology Interjurisdictional Compact Commission and associated rules, withdrawal, and amendments

§ 3034. Date of implementation of the Psychology Interjurisdictional Compact Commission and associated rules, withdrawal, and amendments
(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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 55 - Psychologists › § 3035. Construction and severability

§ 3035. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining Compact states. (Added 2023, No. 37, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 56 - Out-of-State Telehealth Licensure & Registration and Interstate Compacts › § 3051. Scope

§ 3051. Scope
(a) This chapter shall apply to the following health care professions regulated by the Office of Professional Regulation:
(1) alcohol and drug abuse counseling;
(2) allied mental health professions, including mental health counseling, marriage and family therapy, and services provided by nonlicensed and noncertified psychotherapists;
(3) applied behavior analysis;
(4) athletic training;
(5) audiology;
(6) chiropractic;
(7) dentistry;
(8) dietetics;
(9) midwifery;
(10) naturopathy;
(11) nursing;
(12) nursing home administration;
(13) occupational therapy;
(14) optometry;
(15) osteopathy;
(16) pharmacy;
(17) physical therapy;
(18) psychoanalysis;
(19) psychology;
(20) respiratory care;
(21) social work;
(22) speech language pathology; and
(23) veterinary medicine.
(b) This chapter shall apply to the following health care professions regulated by the Board of Medical Practice:
(1) physicians;
(2) physician assistants; and
(3) podiatrists. (Added 2021, No. 107 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 56 - Out-of-State Telehealth Licensure & Registration and Interstate Compacts › § 3052. Definitions

§ 3052. Definitions
As used in this chapter:
(1) “Board” means the Board of Medical Practice.
(2) “Health care professional” means an individual who holds a valid license, certificate, or registration to provide health care services in any other U.S. jurisdiction in a health care profession listed in section 3051 of this chapter.
(3) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(4) “In good standing” means that a health care professional holds an active license, certificate, or registration from another U.S. jurisdiction; the health care professional is not subject to a disciplinary order that conditions, suspends, or otherwise restricts the professional’s practice in any other U.S. jurisdiction; and the health care professional is not affirmatively barred from practice in Vermont for any reason, including reasons of fraud or abuse, patient care, or public safety.
(5) “Mandatory disclosure” means the information that the health care professional must disclose to the patient at the initial telehealth visit or consultation, as determined by the relevant regulatory body by rule.
(6) “Office” means the Office of Professional Regulation.
(7) “Store and forward” means an asynchronous transmission of medical information, such as one or more video clips, audio clips, still images, x-rays, magnetic resonance imaging scans, electrocardiograms, electroencephalograms, or laboratory results, sent over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 to be reviewed at a later date by a health care provider at a distant site who is trained in the relevant specialty. In store and forward, the health care provider at the distant site reviews the medical information without the patient present in real time and communicates a care plan or treatment recommendation back to the patient or referring provider, or both.
(8) “Telehealth” means health care services delivered by telemedicine, store and forward, or audio-only telephone.
(9) “Telemedicine” means the delivery of health care services, such as diagnosis, consultation, or treatment, through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. (Added 2021, No. 107 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 56 - Out-of-State Telehealth Licensure & Registration and Interstate Compacts › § 3053. Telehealth licensure or telehealth registration required

§ 3053. Telehealth licensure or telehealth registration required
(a) A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont but is licensed, certified, or registered in good standing in all other U.S. jurisdictions in which the health care professional is or has been licensed, certified, or registered and who wishes to provide health care services to a patient or client located in Vermont using telehealth shall obtain a telehealth license or telehealth registration from the Office or the Board in accordance with this chapter.
(b) A telehealth license or telehealth registration issued pursuant to this chapter shall authorize a health care professional to provide services to a patient or client located in Vermont using telehealth only. Telehealth licensure or telehealth registration does not authorize the health care professional to open an office in Vermont or to provide in-person health care services to patients or clients located in Vermont.
(c) A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont and provides health care services in Vermont using telehealth without a telehealth registration or telehealth license, or provides services beyond the limitations of the telehealth registration or telehealth license, is engaged in unauthorized practice as defined in 3 V.S.A. § 127 and section 1314 of this title and is subject to the penalties set forth in those sections. (Added 2021, No. 107 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 56 - Out-of-State Telehealth Licensure & Registration and Interstate Compacts › § 3055. Scope of practice; standard of practice

§ 3055. Scope of practice; standard of practice
(a) In order to be eligible for a telehealth license or telehealth registration under this chapter, a health care professional shall hold a license, certificate, or registration in another U.S. jurisdiction that authorizes the provider to engage in the same or a broader scope of practice as health care professionals in the same field are authorized to engage pursuant to a license, certificate, or registration issued in accordance with the relevant provisions of this title.
(b) While practicing in Vermont using telehealth, a health care professional holding a telehealth license or telehealth registration issued pursuant to this chapter shall:
(1) practice within the scope of practice established in this title for that profession; and
(2) practice in a manner consistent with the prevailing and acceptable professional standard of practice for a health care professional who is licensed, certified, or registered in Vermont to provide in-person health care services in that health care profession. (Added 2021, No. 107 (Adj. Sess.), § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 56 - Out-of-State Telehealth Licensure & Registration and Interstate Compacts › § 3056. Records

§ 3056. Records
A health care professional holding a telehealth license or telehealth registration issued pursuant to this chapter shall document in a patient’s or client’s medical record the health care services delivered using telehealth in accordance with the same standard used for in-person services and shall comply with the requirements of 18 V.S.A. §§ 9361 and 9362 to the extent applicable to the profession. Records, including video, audio, electronic, or other records generated as a result of delivering health care services using telehealth, are subject to all federal and Vermont laws regarding protected health information. (Added 2021, No. 107 (Adj. Sess.), § 1, eff. July 1, 2023.)