reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2053. Unprofessional conduct; discipline

§ 2053. Unprofessional conduct; discipline
(a) It shall be unprofessional conduct for a licensee to:
(1) introduce or enforce policies and procedures related to the provision of pharmacy services in a manner that results in deviation from safe practice;
(2) unreasonably prevent or restrict a patient’s timely access to patient records or essential pharmacy services;
(3) fail to identify and resolve conditions that interfere with a pharmacist’s ability to practice with competency and safety or create an environment that jeopardizes patient care, including by failing to provide mandated rest periods; and
(4) repeatedly, habitually, or knowingly fail to provide resources appropriate for a pharmacist of reasonable diligence to safely complete professional duties and responsibilities, including:
(A) drug utilization review;
(B) immunization;
(C) counseling;
(D) verification of the accuracy of a prescription; and
(E) all other duties and responsibilities of a pharmacist under State and federal laws and regulations.
(b) Drug outlets under common ownership and control constitute a chain. Discipline against any one drug outlet in a chain may be imposed against all drug outlets in a chain, provided the State alleges in a specification of charges and the Board subsequently finds:
(1) unprofessional conduct has occurred at one or more drug outlets;
(2) the unprofessional conduct is attributable to pharmacy or pharmacy business-related policies, procedures, systems, or practices of the chain whether or not those practices manifested in unprofessional conduct at each individual location; and
(3) imposition of disciplinary sanctions or conditions against all drug outlets in the chain is appropriate to protect the public. (Added 2021, No. 69, § 5.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2061. Registration and licensure

§ 2061. Registration and licensure
(a) All drug outlets shall biennially register with the Board of Pharmacy.
(b) Each drug outlet shall apply for a license in one or more of the following classifications:
(1) Retail.
(2) Institutional.
(3) Manufacturer.
(4) Wholesale distributor.
(5) Investigative and research projects.
(6) Compounding.
(7) Outsourcing.
(8) Home infusion.
(9) Nuclear.
(10) Third-party logistics provider.
(c) No individual who is employed by a corporation that is licensed under any classification listed in subsection (b) of this section need obtain a license under the provisions of this subchapter.
(d) The Board shall establish by rule under the powers granted to it under section 2032 of this title and 3 V.S.A. chapter 25, the criteria that each drug outlet that has employees or personnel engaged in the practice of pharmacy must meet to qualify for licensure in each classification designated in subsection (b) of this section. The Board may issue various types of licenses with varying restrictions to such outlets referred to in this subsection where the Board deems it necessary by reason of the type drug outlet requesting a license.
(e) Retail and institutional drug outlets shall be managed by licensed pharmacists who have held an unrestricted license in this or another state for at least one year. The Board may grant a pharmacy permission to appoint a licensed pharmacist to manage the pharmacy who has been licensed for less than a year, subject to rules adopted by the Board. A pharmacist who holds a restricted license may petition the Board for permission to be a pharmacist manager, which may be granted by the Board for good cause shown.
(f) Any nonpublic corporation owning a retail or institutional drug outlet, upon application, shall declare all owners of five percent or more of the stock of the corporation.
(g) Any nonpharmacist owner of a retail or institutional drug outlet may be denied the right to own another pharmacy for a period to be determined by the Board, if he or she is found to be in violation of any of the grounds listed under 3 V.S.A. § 129a.
(h) Each individual licensee and each business licensed under this chapter shall provide to the Office of Professional Regulation a working, readily accessible e-mail address permitting communication with the Office. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 12; 1991, No. 240 (Adj. Sess.), § 3; 2005, No. 27, § 52; 2017, No. 48, § 13; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2023, No. 77, § 13, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2062. Application

§ 2062. Application
(a) The Board shall specify by rule the procedures to be followed for licensure.
(b) Applications for licenses shall include the following information about the proposed drug outlet:
(1) ownership;
(2) location;
(3) identity of pharmacist licensed to practice in the State, who shall be the pharmacist in charge of the drug outlet, in a retail or institutional drug outlet and such further information as the Board may deem necessary.
(c) Licenses issued by the Board pursuant to this chapter shall not be transferable or assignable.
(d) The Board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The Board is specifically authorized to require that the portion of the facility to which such license applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise, and to provide such other special requirements as deemed necessary. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2063. Notifications

§ 2063. Notifications
(a) All licensed drug outlets shall report to the Board of Pharmacy within 48 hours the occurrence of any of the following changes:
(1) permanent closing;
(2) change of ownership, management, location, or pharmacist manager; or
(3) any and all other matters and occurrences as the Board may properly require by rule.
(b) Disasters, thefts, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, legend devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease shall be immediately reported to the Board. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 14; 2009, No. 35, § 35; 2013, No. 27, § 25; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2064. Violations and penalties

§ 2064. Violations and penalties
(a) A drug outlet designated in section 2061 of this subchapter shall not be operated until a license has been issued to that outlet by the Board.
(b) Unauthorized operation of a drug outlet may be penalized as provided in 3 V.S.A. § 127 and shall constitute unprofessional conduct by the licensees involved. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 15; 2017, No. 144 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2067. Wholesale distributors and manufacturers; licensure required

§ 2067. Wholesale distributors and manufacturers; licensure required
(a) A person who is not licensed under this subchapter shall not engage in wholesale distribution or manufacturing in this State.
(b) [Repealed.]
(c) The Board may require a separate license for each facility directly or indirectly owned or operated by the same business entity, or for a parent entity with divisions, subsidiaries, or affiliate companies when operations are conducted at more than one location and there exists joint ownership and control among all the entities.
(d) An agent or employee of any licensed wholesale distributor or manufacturer shall not be required to obtain a license under this subchapter and may lawfully possess pharmaceutical drugs when that agent or employee is acting in the usual course of business or employment. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2013, No. 27, § 26; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2068. Requirements; applicants; licenses

§ 2068. Requirements; applicants; licenses
An applicant shall satisfy the Board that it has, and licensees shall maintain, the following:
(1) Acceptable storage and handling conditions plus facilities standards.
(2) Minimum liability and other insurance as may be required under any applicable federal or State law.
(3) A security system that includes after hours, central alarm or comparable entry detection capability, restricted premises access, adequate outside perimeter lighting, comprehensive employment applicant screening, and safeguards against employee theft.
(4) An electronic, manual, or any other reasonable system of records, describing activities governed by this subchapter for the two-year period following disposition of each product, which shall be reasonably accessible, as defined by the Board by rule, during any inspection authorized by the Board.
(5) Officers, directors, managers, and other persons in charge of wholesale drug distribution, manufacture, storage, and handling, who shall at all times demonstrate and maintain their capability to conduct business according to sound financial practices as well as State and federal law.
(6) Complete, updated information about the applicant or licensee, which shall be provided to the Board. The information shall include all pertinent ownership and other key personnel and facilities information deemed necessary, by the Board, for enforcement of this subchapter. Any changes in such information shall be submitted at the time of license renewal or within 12 months from the date of such change, whichever occurs first.
(7) Written policies and procedures that assure reasonable wholesale distributor preparation for, protection against, and handling of any facility security or operation problems, including those caused by natural disaster or government emergency, inventory inaccuracies or product shipping and receiving, outdated product or other unauthorized product control, appropriate disposition of returned goods, and product recalls.
(8) Sufficient inspection procedures for all incoming and outgoing product shipments.
(9) Operations in compliance with all federal requirements.
(10)(A) Compliance with standards and procedures that the Board shall adopt by rule concerning provisions for initial and periodic on-site inspections, criminal and financial background checks, ongoing monitoring, reciprocity for out-of-state entities inspected by a third party organization recognized by the Board or inspected and licensed by a State licensing authority with legal standards for licensure that are comparable to the standards adopted by the Board pursuant to this subdivision (10), protection of proprietary information, and any other requirements consistent with the purposes of this subdivision (10).
(B) The Board rules may recognize third party accreditation in satisfaction of some or all of the requirements of this subdivision (10). (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2005, No. 139 (Adj. Sess.), § 4; 2019, No. 30, § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2069. Denials based on public interest

§ 2069. Denials based on public interest
The Board shall grant licensure to an applicant who satisfies the requirements of section 2061 of this title unless the Board determines that licensure would not be in the public interest. To determine whether licensure would not be in the public interest, the Board shall consider, at a minimum, the following factors:
(1) Any conviction of the applicant under any federal, state, or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances.
(2) Any felony convictions of the applicant under federal, state, or local laws.
(3) The applicant’s past experience in the manufacture or distribution of prescription drugs, including controlled substances.
(4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution.
(5) Suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drug, including controlled substances.
(6) Compliance with licensing requirements under previously granted licenses, if any.
(7) Compliance with requirements to maintain or make available to the Board or to federal, state, or local law enforcement officials records required to be maintained or made available under this subchapter.
(8) Any other factors or qualifications the Board considers relevant to and consistent with the public health and safety. (Added 1991, No. 240 (Adj. Sess.), § 2; 2009, No. 35, § 36.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2071. Application of federal guidelines

§ 2071. Application of federal guidelines
(a) The requirements set forth in sections 2068 and 2069 of this chapter shall conform to wholesale distributor licensing guidelines formally adopted by the U.S. Food and Drug Administration (FDA).
(b) In case of conflict between any wholesale distributor licensing requirement imposed by the Board under this chapter and any FDA wholesale distributor licensing guideline, the latter shall control. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2017, No. 144 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2073. Rules

§ 2073. Rules
(a) The Board may adopt rules necessary to carry out the purposes of the provisions of this subchapter.
(b) All rules adopted under this subchapter shall conform to wholesale distributor licensing guidelines formally adopted by the FDA at 21 C.F.R. Part 205. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2017, No. 144 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2076. Inspection powers; access to wholesale distributor and manufacturer records

§ 2076. Inspection powers; access to wholesale distributor and manufacturer records
(a) A person authorized by the Board may enter, during normal business hours, all open premises purporting or appearing to be used by a wholesale distributor or manufacturer for purposes of inspection.
(b)(1) Wholesale distributors and manufacturers may keep records regarding purchase and sales transactions at a central location apart from the principal office of the wholesale distributor or the location at which the drugs were stored and from which they were shipped, provided that such records shall be made available for inspection within two working days of a request by the Board.
(2) Records may be kept in any form permissible under federal law applicable to prescription drugs record keeping.
(c) If the Board determines it is necessary to inspect a certain premises under the same ownership more than once in any two-year period, the Board may charge a reinspection fee of not more than $500.00. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2005, No. 27, § 53; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 70, § 19.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2077. Emergency contraception; vending machines

§ 2077. Emergency contraception; vending machines
(a) A retail or institutional drug outlet licensed under this chapter or a postsecondary school, as defined in and subject to 16 V.S.A. § 176, may make over-the-counter emergency contraception and other nonprescription drugs or articles for the prevention of pregnancy or conception available through a vending machine or similar device.
(b) Notwithstanding any provision of subsection 2032(h) of this chapter to the contrary, the Board may adopt rules in accordance with 3 V.S.A. chapter 25 to regulate the location, operation, utilization, and oversight of the vending machines and similar devices described in subsection (a) of this section in a manner that balances consumer access with appropriate safeguards for theft prevention and safety. (Added 2023, No. 15, § 11a, eff. May 10, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 36 - Pharmacy › § 2080. Naloxone hydrochloride; dispensing or furnishing

§ 2080. Naloxone hydrochloride; dispensing or furnishing
(a) The Board of Pharmacy shall adopt protocols for licensed pharmacists to dispense or otherwise furnish naloxone hydrochloride to patients who do not hold an individual prescription for naloxone hydrochloride. Such protocols shall be consistent with rules adopted by the Commissioner of Health.
(b) Notwithstanding any provision of law to the contrary, a licensed pharmacist may dispense naloxone hydrochloride to any person as long as the pharmacist complies with the protocols adopted pursuant to subsection (a) of this section. (Added 2013, No. 195 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2081a. Definitions

§ 2081a. Definitions
As used in this chapter:
(1) [Repealed.]
(2) “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, including obtaining injunctions, suspending or revoking licenses, issuing conditions on practice, warnings, and other similar sanctions.
(3) “Distance consultation” means the rendering of professional or expert opinion or advice to a licensed physical therapist, including the review or transfer of patient records or related information by means of audio, video, or data communications.
(4) “Physical therapist” means a person who has met all the conditions of this chapter and is licensed for the practice of physical therapy in this State.
(5) “Physical therapist assistant” means a person who has met the conditions of this chapter and is licensed to perform selected physical therapy interventions and related tasks that have been assigned by the supervising physical therapist.
(6) “Physical therapy” means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.
(7) “Physical therapy aide” means a person, trained under the direction of a physical therapist, who performs designated and supervised routine physical therapy tasks.
(8) “Practice of physical therapy” means:
(A) examining, evaluating, and testing, in order to determine a plan of care inclusive of appropriate therapeutic interventions and expected outcome and effect of the interventions of individuals with:
(i) mechanical, physiological, and developmental impairments;
(ii) functional limitations in physical movement and mobility;
(iii) disabilities; and
(iv) other movement-related conditions;
(B) alleviating impairments and functional limitations in physical movement and mobility and disabilities by developing, implementing, and modifying treatment interventions; or
(C) reducing the risk of injury, impairment, functional limitation, and disability related to physical movement and mobility, including the promotion and maintenance of fitness, health, and wellness related to movement and function. (Added 1997, No. 40, § 25; amended 2005, No. 27, § 54; 2007, No. 141 (Adj. Sess.), § 3, eff. July 1, 2009; 2007, No. 163 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2082. Prohibition; offenses

§ 2082. Prohibition; offenses
(a) No person shall:
(1) practice or attempt to practice physical therapy or hold himself or herself out as being able to do so in this State without first having obtained a license; or
(2) use in connection with the person’s name or business the words “physical therapy,” “physical therapist,” “physical therapist assistant,” “physiotherapy,” “physiotherapist,” the initials “PT,” “PTA,” “DPT,” or any letters, words, abbreviations, or insignia indicating or implying that the person is a physical therapist or physical therapist assistant unless the person is licensed in accordance with this chapter; or
(3) practice or attempt to practice physical therapy during license revocation or suspension.
(4) [Repealed.]
(b) A person violating any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
(c) A physical therapist shall use the letters “PT” in connection with the physical therapist’s name or place of business to denote licensure, and a physical therapist assistant shall use the letters “PTA.” (Added 1981, No. 227 (Adj. Sess.), § 6; amended 2005, No. 27, § 55; 2005, No. 148 (Adj. Sess.), § 19; 2007, No. 163 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2083. Exemptions from licensure

§ 2083. Exemptions from licensure
The following persons shall be permitted to practice as a physical therapist or physical therapist assistant in this State without obtaining a license under this chapter upon the following conditions:
(1) students enrolled in accredited physical therapist or physical therapist assistant educational programs, while engaged in completing a clinical requirement for graduation, which must be performed under the supervision and direction of a licensed physical therapist;
(2) physical therapists licensed in other jurisdictions while enrolled in this State in postprofessional educational programs that include the evaluation and treatment of patients as part of their experience required for credit, as long as the student’s practice is limited to the scope of the educational program;
(3) physical therapists and physical therapist assistants employed in the U.S. Armed Services, U.S. Public Health Service, U.S. Department of Veterans Affairs, or by another federal agency;
(4) physical therapists or physical therapist assistants licensed or regulated in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is teaching, demonstrating, or providing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year;
(5) a physical therapist who is licensed in another jurisdiction of the United States if that person is providing distance consultation to a physical therapist licensed pursuant to this chapter;
(6) a physical therapist or physical therapist assistant licensed in another jurisdiction of the United States or credentialed in another country, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by an athletic team, an athletic organization, or a performing arts company temporarily practicing, competing, or performing in the State for no more than 60 days in a calendar year. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 2005, No. 27, § 56; 2007, No. 163 (Adj. Sess.), § 16; 2019, No. 131 (Adj. Sess.), § 278.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2084. Construction

§ 2084. Construction
This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another occupation that is regulated by this State from carrying on in the usual manner any of the functions of his or her profession. (Added 1981, No. 227 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2086. Patient care management

§ 2086. Patient care management
(a) A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients. The Director of the Office of Professional Regulation shall identify by rule physical therapy services that only a physical therapist may perform. At a minimum, a physical therapist shall provide:
(1) the initial examination and documentation for each of his or her patients;
(2) periodic reexamination and documentation of each of his or her patients;
(3) the documented discharge of the patient, including the response to therapeutic intervention at the time of discharge.
(b) A physical therapist shall ensure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction or supervision.
(c) For each of his or her patients on each date of treatment, a physical therapist shall provide all of the therapeutic intervention that requires the expertise of a physical therapist and shall determine the use of physical therapist assistants or physical therapy aides who provide for the delivery of care that is safe, effective, and efficient, provided the assigned acts, tasks, or procedures do not exceed the person’s education or training and provided:
(1) A physical therapist assistant shall work under a physical therapist’s supervision. A physical therapist assistant may document care pursuant to the existing treatment plan from the supervising physical therapist.
(2) A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the on-site supervision of a physical therapist who is continuously on site and present at the facility, who is immediately available to assist the person being supervised in the services being performed, and who maintains continued involvement in appropriate aspects of each treatment session in which a component of treatment is assigned. This supervision by the physical therapist may extend to off-site supervision of the aide only when the physical therapy aide is accompanying and working directly with a physical therapist assistant with a specific patient or when performing nonpatient-related tasks.
(d) A physical therapist’s responsibility for patient care management shall include accurate documentation of and billing for the services provided.
(e) A physical therapist shall be responsible for communicating the status of a patient’s progress and other relevant information to the patient’s referring health care professional unless the patient declines to authorize release of the patient’s physical therapy records. (Added 2007, No. 141 (Adj. Sess.), § 2, eff. July 1, 2009.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2091. Director of the Office of Professional Regulation; duties

§ 2091. Director of the Office of Professional Regulation; duties
The Director of the Office of Professional Regulation, with the advice of the advisors appointed under this chapter, shall:
(1) provide general information to applicants for admission to licensure as physical therapists or physical therapist assistants;
(2) explain appeal procedures to licensees and applicants and complaint procedures to the public;
(3) explain sanctions, including license revocation and suspension, which may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;
(4) administer fees as previously established by law;
(5) receive and evaluate applications for licensure, provide for examinations and set passing scores, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses, or otherwise discipline licensees as ordered by an administrative law officer;
(6) issue to each person licensed a certificate of licensure that shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed physical therapist or to represent himself or herself as a licensed physical therapist assistant, subject to the conditions and limitations of this chapter; and
(7) adopt rules necessary to perform his or her duties under this chapter. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 49(a); 2005, No. 27, § 57.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2092. Advisor appointees

§ 2092. Advisor appointees
(a) The Secretary of State shall appoint two physical therapists to serve as advisors in matters relating to physical therapy. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term. Appointees shall have not less than three years’ experience as a physical therapist immediately preceding appointment and shall be actively engaged in the practice of physical therapy in Vermont during incumbency.
(b) The Director shall refer complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j).
(c) The Director shall seek the advice of the physical therapists appointed under this section in carrying out the provisions of this chapter. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 54; 1997, No. 40, § 49(a); 2005, No. 27, § 58.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2101. Eligibility

§ 2101. Eligibility
(a) An applicant for a license as a physical therapist shall:
(1) be a graduate of a professional physical therapy education program accredited by a national accreditation agency approved by the Director;
(2) pass an examination approved by the Director; and
(3) pass an approved English proficiency exam if the applicant’s native language is not English.
(b) An applicant for a license as a physical therapist who has been educated outside the United States and has graduated from a professional physical therapy education program not accredited by a national accreditation agency approved by the Director shall:
(1) provide satisfactory evidence that the applicant’s education is substantially equivalent to the requirements of physical therapists educated in an accredited education program as determined by the Director. For the purpose of this section, “substantially equivalent” means that an applicant for licensure educated outside the United States shall have:
(A) graduated from a physical therapist education program that prepares the applicant to engage in the practice of physical therapy without restriction;
(B) provided written proof that the applicant’s school of physical therapy education is recognized by its own ministry or department of education;
(C) undergone a credentials evaluation as directed by the Director that demonstrates that the candidate has met uniform criteria for educational requirements as adopted by rule; and
(D) completed any additional education as required by the Director;
(2) pass an approved English proficiency examination if the applicant’s native language is not English; and
(3) pass an examination approved by the Director.
(c) An applicant for licensure as a physical therapist assistant shall:
(1) be a graduate of a physical therapist assistant education program accredited by a national accreditation agency approved by the Director;
(2) pass an approved English proficiency examination if the applicant’s native language is not English; and
(3) pass an examination approved by the Director. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 59.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2102. Application

§ 2102. Application
Unless entitled to licensure under section 2104 of this title, and according to the procedures outlined in the rules of the Director of the Office of Professional Regulation, a person who desires to be licensed as a physical therapist or physical therapist assistant shall apply to the Director in writing on a form furnished by the Director, accompanied by payment of the specified fee. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d).)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2103. Examination

§ 2103. Examination
(a) The Director of the Office of Professional Regulation shall provide for examinations for licensure as physical therapists or physical therapist assistants at such times and places as he or she may determine.
(b) Examinations administered and procedures followed by the Director shall be fair and reasonable and shall be designed and implemented to reasonably ensure that an applicant is at least minimally qualified to practice physical therapy. They shall not be designed or implemented for the purpose of limiting the number of licensees.
(c) An applicant for licensure as a physical therapist may take the examination after the application process has been completed and the application approved. The examination shall test entry-level competence related to physical therapy theory, examination, evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.
(d) An applicant for licensure as a physical therapist assistant may take the examination after the application process has been completed and the application approved. The examination shall test for requisite knowledge and skills in the technical application of physical therapy services.
(e) An applicant for licensure who does not pass the examination on the first attempt may retake the examination one additional time without reapplication for licensure within six months of the first examination. Before the Director may approve an applicant for subsequent testing beyond two attempts, an applicant shall reapply for licensure and shall submit evidence satisfactory to the Director of having successfully completed additional clinical training or course work, or both, as determined by the Director.
(f) The Director may require an examination designed to test the knowledge of the applicant regarding Vermont laws relating to physical therapy practice. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 60; 2019, No. 178 (Adj. Sess.), § 13, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2104. Licensure by endorsement

§ 2104. Licensure by endorsement
A person who is licensed under the laws of another jurisdiction and who desires licensure as a physical therapist or physical therapist assistant shall apply to the Director of the Office of Professional Regulation in writing on a form furnished by the Director, accompanied by the specified fee. The Director shall license those persons if he or she deems that they have met requirements in the other jurisdiction that are substantially equivalent to those of this State. In all other cases, the Director of the Office of Professional Regulation may make such regulations as are reasonable and necessary for the protection of the public to assure that the applicant under this section is professionally qualified. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 61; 2007, No. 163 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2105. Temporary licensure pending endorsement

§ 2105. Temporary licensure pending endorsement
The Director may issue a temporary license to practice as a physical therapist for a period not to exceed 90 days to a physical therapist currently licensed in another jurisdiction who has applied for licensure by endorsement in accordance with the statutes and rules governing the profession. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4; 2007, No. 163 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2107. Renewals

§ 2107. 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 renewal of a license that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.
(d) The Director shall establish continuing competence requirements by rule as a condition of licensure renewal. (Added 1999, No. 52, § 13; amended 2005, No. 27, § 62.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2108. Reinstatement

§ 2108. Reinstatement
If a physical therapist’s license has lapsed for more than five consecutive years, that person may have his or her license reinstated upon payment of all applicable renewal and reinstatement fees, and demonstration of competence to practice the profession by one or more of the following, as determined by the Director:
(1) practice for a specified time under a limited or supervised license;
(2) completion of a remedial course;
(3) completion of continuing competence requirements;
(4) passage of an examination approved by the Director; or
(5) practice with a license in good standing in another jurisdiction. (Added 2005, No. 27, § 63; amended 2007, No. 163 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2121. Unprofessional conduct

§ 2121. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether or not taken by a license holder.
(b) Unprofessional conduct shall include:
(1) sexual harassment of a patient;
(2) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;
(3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing physical therapy responsibilities that the licensee knows or has reason to know that he or she is not competent to perform; or
(C) performing physical therapy services that have not been authorized by the consumer or the consumer’s legal representative.
(c) After hearing, an administrative law officer may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. A finding of unprofessional conduct shall be grounds for:
(1) denying an application for licensure;
(2) revoking, suspending, or conditioning a license; or
(3) otherwise disciplining a licensee. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4; 1997, No. 40, § 49; 1997, No. 145 (Adj. Sess.), § 44; 1999, No. 52, § 14; 2005, No. 27, § 64; 2007, No. 163 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2131. Physical therapy licensure compact; adoption

§ 2131. Physical therapy licensure compact; adoption
This subchapter is the Vermont adoption of the Physical Therapy Licensure 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 Physical Therapy Licensure Compact that is enacted by other Compact party states. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2132. Purpose

§ 2132. Purpose
(a) The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This Compact is designed to achieve the following objectives:
(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
(2) Enhance the states’ ability to protect the public’s health and safety;
(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice;
(4) Support spouses of relocating military members;
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
(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. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2134. State participation in the compact

§ 2134. State participation in the compact
(a) To participate in the Compact, a state must:
(1) participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;
(2) have a mechanism in place for receiving and investigating complaints about licensees;
(3) notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(4) fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b) of this section;
(5) comply with the rules of the Commission;
(6) utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
(7) have continuing competence requirements as a condition for license renewal.
(b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
(d) Member states may charge a fee for granting a compact privilege. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2135. Compact privilege

§ 2135. Compact privilege
(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
(1) hold a license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with subsections (d), (g), and (h) of this section;
(4) have not had any adverse action against any license or compact privilege within the previous two years;
(5) notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
(6) pay any applicable fees, including any state fee, for the compact privilege;
(7) meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
(8) report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state.
(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) the home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state.
(g) If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
(1) the specific period of time for which the compact privilege was removed has ended;
(2) all fines have been paid; and
(3) two years have elapsed from the date of the adverse action.
(h) Once the requirements of subsection (g) of this section have been met, the license must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2136. Active duty military personnel or their spouses

§ 2136. Active duty military personnel or their spouses
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
(1) home of record;
(2) permanent Change of Station (PCS); or
(3) state of current residence if it is different than the PCS state or home of record. (Added 2023, No. 35, § 1, eff. July 1, 2024.)