reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 56 - Out-of-State Telehealth Licensure & Registration and Interstate Compacts › § 3057. Effect of disciplinary action on out-of-state license, certificate, or registration

§ 3057. Effect of disciplinary action on out-of-state license, certificate, or registration
(a) A health care professional shall not obtain a telehealth license or telehealth registration under this chapter if the health care professional’s license, certificate, or registration to provide health care services has been revoked or is subject to a pending disciplinary investigation or action in any other U.S. jurisdiction.
(b) A health care professional holding a telehealth license or telehealth registration under this chapter shall notify the Office or the Board, as applicable, within five business days following a disciplinary action that places a warning, reprimand, condition, restriction, suspension, or any other disciplinary action on the professional’s license, certificate, or registration in any other U.S. jurisdiction or of any other disciplinary action taken or pending against the health care professional in any other U.S. jurisdiction. (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 › § 3058. Jurisdiction; application of Vermont laws

§ 3058. Jurisdiction; application of Vermont laws
A health care professional holding a telehealth license or telehealth registration in accordance with this chapter is subject to the laws and jurisdiction of the State of Vermont, including 18 V.S.A. §§ 9361 and 9362 and laws regarding prescribing, health information sharing, informed consent, supervision and collaboration requirements, and unprofessional conduct. (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 › § 3059. Exemptions from registration and licensure requirements

§ 3059. Exemptions from registration and licensure requirements
A health care professional is not required to obtain a telehealth registration or licensure solely to provide consultation services to another health care professional regarding care for a patient or client located in Vermont, provided the consulting health care professional holds a license, certificate, or registration to practice the profession in one or more U.S. jurisdictions and the consultation is based on a review of records without in-person or remote contact between the consulting health care professional and the patient or client. (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 › § 3060. Venue

§ 3060. Venue
Venue for a civil action initiated by the Office, the Board, or a patient or client who has received telehealth services in Vermont from an out-of-state health care professional holding a telehealth license or telehealth registration shall be in the patient’s or client’s county of residence or in Washington County. (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 › § 3061. Rulemaking

§ 3061. Rulemaking
The Office or the Board may adopt rules in accordance with 3 V.S.A. chapter 25 to carry out the purposes of this chapter, including, in consultation with the appropriate boards and advisor appointees for professions regulated by the Office, rules regarding any profession-specific requirements related to telehealth licenses and telehealth registrations. (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 › § 3071. Health care provider compacts; direction to Vermont representatives

§ 3071. Health care provider compacts; direction to Vermont representatives
(a) The General Assembly finds that a state’s prohibition of or limitation on the provision of gender-affirming health care services or reproductive health care services, or both, as defined by 1 V.S.A. § 150, prohibits health care providers from following health care best practices and is a failure on the part of the state to provide health care services that are medically necessary and clinically appropriate for its residents. Therefore, it is the General Assembly’s intent to protect the ability of professionals licensed, certified, or registered in Vermont, and professionals from other member states seeking to practice a profession in Vermont pursuant to an interstate compact or agreement, to have the benefit of compacts and agreements while at the same time engaging in, providing, or otherwise facilitating, personally or professionally, gender-affirming health care and reproductive health care services.
(b) Vermont’s representative or delegate for an interstate compact or agreement related to health care shall seek an amendment or exception to the language, rules, directives, or bylaws of the compact or agreement, as necessary, so that if a licensee is disciplined by another state solely for providing or assisting in the provision of gender-affirming health care services or reproductive health care services that would be legal and meet professional standards of care if provided in Vermont, the compact or agreement does not require that Vermont take professional disciplinary action against the licensee. (Added 2023, No. 15, § 10a, eff. May 10, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 57 - Review of Regulatory Laws › § 3101. Policy and purpose

§ 3101. Policy and purpose
(a) It is the policy of the State of Vermont that regulation be imposed upon a profession or occupation solely for the purpose of protecting the public. The General Assembly believes that all individuals should be permitted to enter into a profession or occupation unless there is a demonstrated need for the State to protect the interests of the public by restricting entry into the profession or occupation.
(b) If such a need is identified, the form of regulation adopted by the State shall be the least restrictive form of regulation necessary to protect the public interest. If regulation is imposed, the profession or occupation may be subject to review by the Office of Professional Regulation and the General Assembly to ensure the continuing need for and appropriateness of such regulation. (Added 1977, No. 183 (Adj. Sess.), § 1; amended 1985, No. 96, § 1; 1985, No. 255 (Adj. Sess.), § 1; 2015, No. 156 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 57 - Review of Regulatory Laws › § 3101a. Definitions

§ 3101a. Definitions
As used in this chapter, unless the context clearly requires otherwise:
(1) “Certification” means a voluntary process by which a statutory regulatory entity grants to a person who has met certain prerequisite qualifications the right to assume or to use the title of the profession or occupation, or the right to assume or use the term “certified” in conjunction with the title. Use of the title or the term “certified,” as the case may be, by a person who is not certified is unlawful.
(2) “Licensing” and “licensure” mean a process by which a statutory regulatory entity grants to a person who has met certain prerequisite qualifications the right to perform prescribed professional or occupational tasks and to use the title of the profession or occupation. Practice without a license is unlawful.
(3) “License” means an individual, nontransferable authorization to carry on an activity based on qualifications such as:
(A) satisfactory completion of or graduation from an accredited or approved educational or training program; or
(B) acceptable performance on a qualifying examination or series of examinations.
(4) “Office” means the Office of Professional Regulation.
(5) “Practitioner” means a person who is actively engaged in a specified profession or occupation.
(6) “Public member” means an individual who has no material financial interest in the profession or occupation being regulated other than as a consumer.
(7) “Registration” means a process requiring that, prior to rendering services, a practitioner formally notify a regulatory entity of his, her, or its intent to engage in the profession or occupation. Notification may include the name and address of the practitioner, the location of the activity to be performed, and a description of the service to be provided.
(8) “Regulatory entity” means the statutory entity responsible for regulating a profession or occupation, such as a board or an agency of the State.
(9) “Regulatory law” means any law in this State that requires a person engaged in a profession or occupation to be registered, certified, or licensed or that otherwise regulates the operation of that profession or occupation. (Added 1985, No. 255 (Adj. Sess.), § 2; amended 2015, No. 156 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 57 - Review of Regulatory Laws › § 3106. Director of the Office of Professional Regulation; annual report

§ 3106. Director of the Office of Professional Regulation; annual report
(a) Annually, prior to the commencement of each legislative session, the Director of the Office shall prepare a concise report on the activities of all boards and advisor professions under his or her jurisdiction. The report shall include his or her assessments, conclusions, and recommendations regarding those boards and advisor professions.
(b) The Director shall publish the report on the Office’s website and shall also provide written copies of the report to the House and Senate Committees on Government Operations.
(c) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (Added 1981, No. 227 (Adj. Sess.), § 3; amended 1985, No. 255 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), §§ 2, 4(d); 1997, No. 145 (Adj. Sess.), § 6; 2003, No. 60, § 16; 2013, No. 142 (Adj. Sess.), § 43; 2015, No. 156 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3151. Definitions

§ 3151. Definitions
As used in this chapter:
(1)(A) “Director” means the Director of the Office.
(B) “Office” means the Office of Professional Regulation.
(2) “Person” means an individual, partnership, corporation, or other business entity.
(3) “Private investigator” means any person who, for consideration engages in or solicits business, accepts employment, or holds himself or herself out to the public as someone who will investigate, obtain information, or provide security of persons incident to, but not limited to, the following:
(A) Any suspected crime, tort, or wrong committed or threatened against the laws of a government or any of its political subdivisions or against any person.
(B) The identity, habits, conduct, honesty, loyalty, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any living person.
(C) Damage, accidents, or injury to persons or property.
(D) The location, disposition, or recovery of lost or stolen property.
(E) Evidence related to a proceeding before any court, agency, officer, or investigative committee.
(F) The identity, location, or apprehension of persons.
(4) “Security” means a person engaged for compensation in the business of protecting property or persons by providing armed or unarmed security service, or armed transport service, or the use of guard dogs. “Security services” includes:
(A) Prevention or detection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property.
(B) Prevention, observation, or detection of any unauthorized activity on private property.
(C) Protection of patrons and persons lawfully authorized to be on the premises of the person, firm, association, or corporation that entered into the contract for security services.
(D) Control, regulation, or direction of the flow or movement of the public, whether by vehicle or otherwise, onto the premises.
(E) Physically responding to any alarm signal device, burglar alarm, television camera, still camera, or a mechanical or electronic device installed or used to prevent or detect burglary, theft, shoplifting, pilferage, losses, or other security measures.
(F) Providing armored transport services.
(5) [Repealed.]
(6) [Repealed.] (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 1; 2009, No. 103 (Adj. Sess.), § 23, eff. May 12, 2010; 2017, No. 144 (Adj. Sess.), § 24; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3151a. Exemptions

§ 3151a. Exemptions
(a) The term “private investigator” shall not include:
(1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties.
(2) Insurance adjusters, insurance appraisers, and persons regularly employed as investigators exclusively by one insurance company.
(3) Persons regularly employed as investigators exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a private investigative agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes.
(4) Persons engaged exclusively in the business of furnishing of information as to the business and financial standing and credit responsibility of persons, provided such information is not obtained through the preparation of investigative consumer reports as defined by the Federal Fair Credit Reporting Act.
(5) Attorneys engaged in the practice of law and law clerks, paralegals, and other laypersons regularly employed exclusively by one attorney or law firm when the attorney or law firm retains complete professional responsibility for the work product of the law clerk, paralegal, or other laypersons in his, her, or its employ.
(6) Employees of the federal government, the State, or of any municipality in the performance of official duties.
(7) News gathering persons.
(8) A person engaged in compiling genealogical information from public records.
(9) Persons providing marketing or demographic information.
(10) Authors researching material for publication.
(b) The term “security guard” shall not include:
(1) Law enforcement officers certified under 20 V.S.A. § 2358 while engaged in the performance of their official duties, including the rendering of security guard services, provided such services have been assigned and approved in advance by the officer’s employing department and payment for such services is made to the employing department.
(2) Persons who are not armed, who are engaged exclusively in the business of managing property of others, including incidental inspection for the purpose of discovering damage from entry, theft, vandalism, or other cause.
(3) Persons regularly employed as security guards exclusively by one employer in connection with the affairs of that employer only, provided that the employer is not a security agency and the employee is engaged directly as part of the ordinary payroll for tax, accounting, and insurance purposes. (Added 1995, No. 144 (Adj. Sess.), § 2; amended 2009, No. 103 (Adj. Sess.), § 24, eff. May 12, 2010; 2017, No. 144 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3161. Regulation of private investigative and security services; Director; advisor appointees

§ 3161. Regulation of private investigative and security services; Director; advisor appointees
(a)(1) The Director shall administer the provisions of this chapter.
(2) The Director shall consult the advisor appointees prior to exercising interpretive discretion, adopting or amending rules, and determining any substantial regulatory question presented in the course of administering this chapter.
(b)(1) The Secretary of State shall appoint five persons of suitable qualifications in accordance with this section to advise the Director in matters concerning private investigative and security services.
(A) Two advisors shall be members of the public with no financial interest, either personally or through a spouse, in private investigative services or security services.
(B) One advisor shall be a provider of private investigative services.
(C) One advisor shall be a provider of private security services.
(D) The remaining member shall be a provider of private investigative services or a provider of private security services, or a provider of both types of services.
(2) The Secretary of State shall appoint the advisors for five-year staggered terms. Four of the initial appointments shall be for four-, three-, two-, and one-year terms. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 3; 2005, No. 27, § 89; 2009, No. 103 (Adj. Sess.), § 25; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3162. Director; powers and duties

§ 3162. Director; powers and duties
The Director shall adopt rules necessary for the effective administration of this chapter, including rules prescribing minimum standards and qualifications for:
(1) security guards who may:
(A) practice independently or head agencies; or
(B) practice within the hierarchy of an agency;
(2) private investigators who may:
(A) practice independently or head agencies; or
(B) practice within the hierarchy of an agency;
(3) agencies; and
(4) recognized trainers and training programs. (Added 1981, No. 98, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1995, No. 144 (Adj. Sess.), § 4; 2001, No. 151 (Adj. Sess.), § 28, eff. June 27, 2002; 2005, No. 27, § 89a; 2013, No. 138 (Adj. Sess.), § 24; 2017, No. 144 (Adj. Sess.), § 24; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3171. Licensing

§ 3171. Licensing
(a) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the number of persons engaged in the occupation.
(b) If a licensee has a principal place of business for a licensed occupation, a license shall be prominently displayed at that place.
(c) Individual registrations may be transferred upon approval by the Director. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 6; 2009, No. 103 (Adj. Sess.), § 26; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3172. Licenses

§ 3172. Licenses
The Director shall issue agency licenses for private investigative services, private security guard services, or combination guard agency licenses to applicants that submit all of the following:
(1) an application filed in proper form;
(2) the application fee;
(3) evidence of current Vermont business entity registration. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 7; 2009, No. 103 (Adj. Sess.), § 27; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3173. Private investigator licenses

§ 3173. Private investigator licenses
(a) The Director shall issue a license to a private investigator after obtaining and approving all of the following:
(1) evidence that the applicant has attained the age of majority;
(2) evidence that the applicant has successfully passed any examination required by rule; and
(3) the application fee.
(b) The Director may make inquiries he or she deems necessary into the character, integrity, and reputation of the applicant.
(c) The Director shall require that a person seeking licensure to practice independently as a private investigator has had appropriate experience in investigative work, for a period of not less than two years, as determined by the Director. Such experience may include having been regularly employed as a private investigator licensed in another state or as an investigator for a private investigative agency licensed in this or another state or having been a sworn member of a federal, state, or municipal law enforcement agency.
(d) An application for a license may be denied upon failure of the applicant to provide information required; upon a finding that the applicant does not meet a high standard as to character, integrity, and reputation; or for unprofessional conduct defined in section 3181 of this chapter. (Added 1981, No. 98, § 1; amended 1989, No. 250 (Adj. Sess.), § 67; 1995, No. 144 (Adj. Sess.), § 8; 1999, No. 133 (Adj. Sess.), § 26; 2009, No. 103 (Adj. Sess.), § 28; 2013, No. 119 (Adj. Sess.), § 16; 2017, No. 48, § 21; 2017, No. 144 (Adj. Sess.), § 24; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3174. Security guard licenses

§ 3174. Security guard licenses
(a) The Director shall issue a license to a security guard after obtaining and approving all of the following:
(1) evidence that the applicant has attained the age of majority;
(2) evidence that the applicant has successfully passed any examination required by rule; and
(3) the application fee.
(b) The Director may make inquiries he or she deems necessary into the character, integrity, and reputation of the applicant.
(c) The Director shall require that a person seeking licensure to practice independently as a security guard has had experience satisfactory to the Director in security work for a period of not less than two years. Such experience may include having been licensed as a security guard in another state or regularly employed as a security guard for a security agency licensed in this or another state or having been a sworn member of a federal, state, or municipal law enforcement agency.
(d) An application for a license may be denied upon failure of the applicant to provide information required; upon a finding that the applicant does not meet a high standard as to character, integrity, and reputation; or for unprofessional conduct defined in section 3181 of this chapter. (Added 1981, No. 98, § 1; amended 1985, No. 86 § 1; amended 1989, No. 250 (Adj. Sess.), §§ 68, 69; 1991, No. 69, § 1, eff. June 21, 1991; 1995, No. 144 (Adj. Sess.), § 9; 1999, No. 133 (Adj. Sess.), § 27; 2009, No. 103 (Adj. Sess.), § 29; 2017, No. 48, § 21; 2017, No. 144 (Adj. Sess.), § 24; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3175. Examinations

§ 3175. Examinations
The Director shall prepare, or have prepared, and administer separate examinations for private investigators and private security services. Each examination shall be designed to test the competency of the applicant with respect to the lawful and safe provision of each respective service to the public. (Added 1981, No. 98, § 1; amended 2009, No. 103 (Adj. Sess.), § 30; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3175a. Firearms instructor licensure; program of instruction

§ 3175a. Firearms instructor licensure; program of instruction
(a) The Director shall license firearms training course instructors of private investigators and security guards licensed under this chapter and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs.
(b) The Director shall not issue a license as a firearms training program instructor without first obtaining and approving all of the following:
(1) evidence that the applicant has attained the age of majority;
(2) a copy of the applicant’s training program;
(3) proof of certification as an instructor from an instructor’s course approved by the Director;
(4) a federal background check; and
(5) the application fee.
(c) [Repealed.] (Added 1999, No. 133 (Adj. Sess.), § 28; amended 2001, No. 151 (Adj. Sess.), § 29, eff. June 27, 2002; 2009, No. 103 (Adj. Sess.), § 31; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3175b. Guard dog training instructor license

§ 3175b. Guard dog training instructor license
(a) An applicant for a license to provide guard dog services shall demonstrate to the Director competence in the handling of guard dogs in a guard dog training program approved by the Director and taught by an instructor currently licensed under this section.
(b) The Director shall not issue a license as a guard dog training program instructor without first obtaining and approving all of the following:
(1) evidence that the applicant has attained the age of majority;
(2) a copy of the applicant’s training program;
(3) proof of certification as an instructor from an instructor’s course approved by the Director;
(4) a federal background check; and
(5) the application fee. (Added 2009, No. 103 (Adj. Sess.), § 32; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3175c. Firearms training and certification

§ 3175c. Firearms training and certification
(a) A licensee seeking a firearms certification shall:
(1) demonstrate to the Director competence in the safe use of firearms by successfully completing a firearms training program approved by the Director;
(2) pay the required fee;
(3) provide the Director with evidence that the applicant has attained the age of majority; and
(4) receive a satisfactory federal background check.
(b) A licensee shall not possess a firearm while performing professional services unless certified and in good standing under this section. (Added 2009, No. 103 (Adj. Sess.), § 32; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3176. Employees of agencies

§ 3176. Employees of agencies
(a) An agency licensed under this chapter may employ private investigators or security guards.
(b) An agency shall register all agency investigative and security employees with the Office. Employees shall carry identification indicating the licensee by whom the person is employed.
(c) An employee of a licensee shall not function as an armed private investigator, armed guard, armed courier, or handler of guard dogs unless the employee holds an active specialty designation authorizing the use of firearms or guard dogs, as applicable.
(d) The Director may make inquiries it deems necessary into the character, integrity, and reputation of the employee.
(e) As a prerequisite to registration, all investigative and security employees shall take and successfully complete a training program approved by the Director.
(f) A licensed agency or other entity conducting a training program approved by the Director pursuant to this section shall maintain training records for not less than five years. The retained records shall include, at a minimum, records of the courses taught, subjects covered, and persons who have received instruction. Training records shall be made available to the Office upon request. A licensed agency shall maintain its training records at its regular place of business within the State of Vermont. (Added 1981, No. 98, § 1; amended 1989, No 250 (Adj. Sess.), § 70; 1995, No. 144 (Adj. Sess.), § 10; 2001, No. 151 (Adj. Sess.), § 30, eff. June 27, 2002; 2005, No. 148 (Adj. Sess.), § 33; 2007, No. 163 (Adj. Sess.), § 32; 2009, No. 103 (Adj. Sess.), § 33; 2013, No. 119 (Adj. Sess.), § 17; 2017, No. 48, § 21; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3176a. Transitory practice

§ 3176a. Transitory practice
The Director, under rules adopted by the Director, may grant a transitory permit to practice as a private investigator to a person who is not a resident of Vermont and has no established place of business in this State, if that person is legally qualified by license to practice as a private investigator in any state or country that regulates such practice. Practice under a transitory permit shall not exceed 30 days in any calendar year. (Added 1995, No. 144 (Adj. Sess.), § 11; amended 2009, No. 103 (Adj. Sess.), § 34; 2019, No. 178 (Adj. Sess.), § 17, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 59 - Private Investigative and Security Services › § 3179. Penalties

§ 3179. Penalties
(a) A person who engages in the practice or business of a private investigator or security guard without being licensed under this chapter shall be subject to the penalties provided in 3 V.S.A § 127.
(b) Any person who is or has been an employee of a licensee and any licensee who divulges to anyone other than to his or her employer or as his or her employer shall direct, except before an authorized tribunal, any information acquired by him or her during such employment in respect to any of the work to which he or she has been assigned by such employer, and any such employee who willfully makes a false report to his or her employer in respect to any such work, shall be guilty of a misdemeanor and subject to a fine of not more than $500.00. (Added 1981, No. 98, § 1; amended 1995, No. 144 (Adj. Sess.), § 15; 2007, No. 29, § 40; 2009, No. 103 (Adj. Sess.), § 38; 2017, No. 144 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3202. Prohibition; offenses

§ 3202. Prohibition; offenses
(a) A person shall not practice or attempt to practice licensed independent clinical social work or licensed master’s social work, nor shall any person use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed independent clinical social worker or a licensed master’s social worker unless the person is licensed in accordance with this chapter.
(b) A person who violates any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127.
(c) A State agency or a subdivision or contractor thereof shall not use or permit the use of the title “social worker” other than in relation to an employee holding a bachelor’s, master’s, or doctoral degree from an accredited school or program of social work. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1993, No. 98, § 21, 2007, No. 29, § 41; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 156 (Adj. Sess.), § 17, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3203. Director duties

§ 3203. Director duties
(a) The Director shall:
(1) explain appeal procedures to licensees and applicants and complaint procedures to the public;
(2) administer fees collected under this chapter;
(3) provide general information to applicants for licensure as licensed independent clinical social workers and licensed master’s social workers;
(4) receive applications for licensing, license applicants qualified under this chapter, or renew, revoke, reinstate, and condition licenses as ordered by an administrative law officer; and
(5) adopt by rule criteria for licensing independent clinical social workers and licensed master’s social workers who have five years’ licensed or certified practice experience in another jurisdiction of the United States or Canada.
(b) The Director, with the advice of two licensed social workers appointed under section 3204 of this chapter, may adopt rules necessary to enable the Director to perform his or her duties under subsection (a) of this section. (Added 1985, No. 253 (Adj. Sess.) § 1; amended 1989, No. 250 (Adj. Sess.), § 73; 1993, No. 98, § 22; 1997, No. 40, § 49(a); 2005, No. 27, § 91; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 97 (Adj. Sess.), § 84.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3204. Advisor appointees

§ 3204. Advisor appointees
(a) The Secretary of State shall appoint two individuals licensed under this chapter to serve as advisors in matters relating to licensed social workers. They shall be appointed as set forth in 3 V.S.A. § 129b and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term.
(b) Appointees shall not have less than three years’ licensed experience as a social worker and be in active practice in Vermont during incumbency.
(c) The Director shall refer complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j).
(d) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. Such members shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 74; 1993, No. 98, §§ 23, 24; 1997, No. 40, § 49(a); 2007, No. 29, § 42; 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3205. Licensed master’s social worker eligibility

§ 3205. Licensed master’s social worker eligibility
To be eligible for licensing as a licensed master’s social worker, an applicant must have:
(1) received a master’s degree or doctoral degree from an accredited social work education program; and
(2) within five years prior to applying for licensure, passed the examinations designated by the Director. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1993, No. 98, § 25; 1993, No. 222 (Adj. Sess.), § 5a; 1997, No. 40, § 35; 2005, No. 148 (Adj. Sess.), § 35; 2011, No. 116 (Adj. Sess.), § 54; 2013, No. 138 (Adj. Sess.), § 25; 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3205a. Licensed independent clinical social worker eligibility

§ 3205a. Licensed independent clinical social worker eligibility
(a) To be eligible for licensure as a licensed independent clinical social worker, an applicant must have:
(1) received a master’s degree or doctoral degree from an accredited social work education program;
(2) passed the examinations designated by the Director within five years prior to applying for licensure; and
(3) completed 3,000 hours of supervised practice of independent clinical social work as defined by rule under the supervision of a:
(A) licensed independent clinical social worker;
(B) licensed clinical mental health counselor;
(C) licensed psychologist;
(D) licensed physician or a licensed osteopathic physician who has completed a residency in psychiatry; or
(E) person licensed or certified in another state or Canada in one of these professions or their substantial equivalent.
(b) A person not licensed as a master’s social worker who engages in post-master’s supervised practice in Vermont toward licensure as a licensed independent clinical social worker shall be entered on the roster of nonlicensed, noncertified psychotherapists.
(c) A licensed master’s social worker who engages in post-master’s supervised practice in Vermont to become a licensed independent clinical social worker must first register with the Office as set forth by rule. (Added 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3206. Application

§ 3206. Application
A person who desires to be licensed under this chapter shall apply using an application form available from the Office, accompanied by payment of the specified fee. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 26; 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3207. Examinations

§ 3207. Examinations
The Director may contract with independent testing services for the preparation and administration of examinations. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), §§ 4(d), 75; 1993, No. 98, § 27; 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3208. Renewals

§ 3208. Renewals
(a) Licenses shall be renewed every two years on a schedule determined by the Office upon payment of the required fee.
(b) An application for reinstatement of a license that has expired shall be accompanied by the renewal fee in addition to other fees set forth in 3 V.S.A. chapter 5. A person shall not be required to pay renewal fees for the years during which the license was lapsed.
(c) [Repealed.]
[Subsection (d) effective until July 1, 2023; see also subsection (d) effective July 1, 2023 set out below.]
(d) As a condition of renewal, a licensee shall complete continuing education, approved by the Director by rule, during the preceding two-year period. For purposes of this subsection, the Director may require, by rule, not more than 20 hours of approved continuing social work education as a condition of renewal.
[Subsection (d) effective July 1, 2023; see also subsection (d) effective until July 1, 2023 set out above.]
(d) As a condition of renewal, a licensee shall complete continuing education, approved by the Director by rule, during the preceding two-year period. For purposes of this subsection, the Director may require, by rule, not more than 20 hours of approved continuing social work education as a condition of renewal. Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training. 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. 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.
(e) The Director may prescribe, by rule, reinstatement standards for persons wishing to resume practice after five years since holding an active license. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 28; 1999, No. 52, § 28; 2015, No. 38, § 31, eff. July 1, 2017; 2021, No. 117 (Adj. Sess.), § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3209. Licensure by endorsement

§ 3209. Licensure by endorsement
The Director may, upon payment of the required fee, grant a license without examination if:
(1) the applicant holds an active license to practice licensed master’s social work or licensed independent clinical social work in another U.S. or Canadian jurisdiction; and
(2) the requirements for licensing in that jurisdiction are, in the judgment of the Director, substantially equivalent to the requirements of this chapter. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 29; 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3210. Unprofessional conduct

§ 3210. Unprofessional conduct
(a) The following conduct and the conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial or discipline of a license:
(1) failing to use a correct title in professional activity;
(2) conduct that evidences unfitness to practice licensed master’s or licensed independent clinical social work;
(3) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years;
(4) harassing, intimidating, or abusing a client or patient;
(5) practicing outside or beyond a licensee’s education, training, experience, or competence;
(6) having a conflict of interest that interferes with the exercise of the licensee’s professional responsibilities, discretion, and impartial judgment;
(7) failing to inform a client when a real or potential conflict of interest arises and failing to take reasonable steps to resolve the issue in a manner that makes the client’s interest primary and protects the client’s interest to the greatest extent possible;
(8) taking unfair advantage of any professional relationship or exploiting others to further the licensee’s personal, religious, political, or business interests;
(9) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;
(10) failing to take steps to protect a client and to set clear, appropriate, and culturally sensitive boundaries, in instances where dual or multiple relationships are unavoidable;
(11) failing to clarify with all parties which individuals will be considered clients and the nature of the licensee’s professional obligations to the various individuals who are receiving services, when a licensee provides services to two or more people who have a spousal, familial, or other relationship with each other;
(12) failing to clarify the licensee’s role with the parties involved and to take appropriate action to minimize any conflicts of interest, when the clinical social worker anticipates a conflict of interest among the individuals receiving services or anticipates having to perform in conflicting roles such as testifying in a child custody dispute or divorce proceedings involving clients; or
(13) using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative hearing officer may take disciplinary action against a licensee or applicant. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(b); 1993, No. 98, § 30; 1993, No. 222 (Adj. Sess.), § 6; 1997, No. 40, § 36; 1997, No. 145 (Adj. Sess.), § 52; 1999, No. 133 (Adj. Sess.), § 29; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 138 (Adj. Sess.), § 7, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3212. Exemptions

§ 3212. 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, psychologists, 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 licensed master’s social workers or licensed independent clinical social workers under this chapter.
(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 the person does not practice psychotherapy as defined in section 3201 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) [Repealed.] (Added 1993, No. 98, § 32; amended 1993, No. 222 (Adj. Sess.), § 7; 1995, No. 126 (Adj. Sess.), § 6; 1997, No. 145 (Adj. Sess.), § 20; 2015, No. 38, § 31, eff. July 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3212a. Exceptions

§ 3212a. Exceptions
(a) This chapter shall not apply to a person engaged or acting:
(1) in the discharge of his or her duties as a student of clinical social work or preparing for the practice of clinical social work provided that the person’s title indicates his or her training status and that the preparation occurs under the supervision of a licensed practicing clinical social worker in recognized training institutions or facilities or in a training program approved by the Office of Professional Regulation;
(2) in clinical training for licensure as a psychologist 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 him or herself as a clinical social worker.
(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed as a clinical social worker under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 7a; amended 1997, No. 145 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 61 - Social Workers › § 3213. Disclosure of information

§ 3213. Disclosure of information
(a) The Director, in consultation with the advisor appointees, shall adopt rules requiring licensees to disclose to each client the licensee’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 licensee 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.
(b) A licensed master’s social worker employed by an agency that provides each client disclosure information equivalent to that described in subsection (a) of this section meets this section’s disclosure requirements. (Added 1993, No. 222 (Adj. Sess.), § 8; amended 2015, No. 38, § 31, eff. July 1, 2017.)