reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 78 - Roster of Psychotherapists Who Are Nonlicensed and Noncertified › § 4093. Unprofessional conduct

§ 4093. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) Providing fraudulent or deceptive information in an application for entry on the Roster.
(2) Conviction of a crime that evinces an unfitness to practice psychotherapy.
(3) Unauthorized use of a protected title in professional activity.
(4) Conduct that evidences moral unfitness to practice psychotherapy.
(5) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the psychotherapist has had a professional relationship within the previous two years.
(6) Harassing, intimidating, or abusing a client.
(7) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychotherapist’s objectivity or otherwise interfere with his or her professional obligations.
(8) Practicing outside or beyond a psychotherapist’s area of training, experience, or competence without appropriate supervision.
(b) After hearing, and upon a finding of unprofessional conduct, the Board may take disciplinary action against a rostered psychotherapist or an applicant. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1997, No. 40, § 71; 1997, No. 145 (Adj. Sess.), § 61; 1999, No. 52, § 37.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4101. Definitions

§ 4101. Definitions
As used in this chapter:
(1) “Anatomical reproduction” is the practice of restoring the appearance of a portion of a person’s body after surgery, accident, or other trauma.
(2) “Director” means the Director of the Office of Professional Regulation.
(3) “Disciplinary action” includes any action taken by an administrative law officer against a licensed tattooist or applicant premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of an application for or renewal of a license, suspension or revocation of a license, limiting or conditioning of a license, issuing reprimands or warnings, and adopting consent orders.
(4) “Operator” means any person who practices tattooing, body piercing, or permanent cosmetics.
(5) “Practice of body piercing” means the piercing of any part of the body by someone other than a licensed physician who utilizes a needle or other instrument for the purpose of inserting an object into the body for nonmedical purposes. Body piercing includes ear piercing, except when performed on the lower lobe of the ear:
(A) with an instrument approved by the Director, by rule;
(B) by the individual on himself or herself;
(C) by a parent or guardian when the subject of the piercing is a minor; or
(D) by a household member when the subject of the piercing is an adult.
(6) “Practice of permanent cosmetics” means microblading and other practices involving placement of a specific type of tattoo that includes permanent eyeliner, permanent lip color, permanent eyebrows, anatomical reproduction, and permanent eye shadow as well as other specific procedures that may be identified by rule by the Director consistent with the Society of Permanent Cosmetic Professionals’ or its successor group’s guidelines.
(7) “Practice of tattooing” or “practice tattooing” means to place a permanent mark, design, or coloration of a human being by a process of pricking or ingraining an indelible pigment on or in the skin. “Practice of tattooing” or “practice tattooing” does not mean anatomical reproduction when performed under the direction of a physician.
(8) “Special panel” means a panel established pursuant to 3 V.S.A. § 129(j).
(9) “Shop” means a facility regularly used to offer or perform the practice of tattooing or body piercing. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 38; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2007, No. 163 (Adj. Sess.), § 34; 2017, No. 48, § 29; 2021, No. 69, § 7.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4102. Prohibitions

§ 4102. Prohibitions
(a) A person shall not practice tattooing, permanent cosmetics, or body piercing unless that person is licensed in accordance with the provisions of this chapter.
(b) A person under 18 years of age shall not practice tattooing, permanent cosmetics, or body piercing.
(c) A tattooist shall not tattoo a minor without the written consent of the parent or guardian of the minor.
(d) A person who violates any of the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2007, No. 29, § 61; 2013, No. 138 (Adj. Sess.), § 43; 2017, No. 48, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4103. Director; function; Commissioner of Health; rules

§ 4103. Director; function; Commissioner of Health; rules
(a) The Director shall administer the requirements of this chapter and shall:
(1) Provide general information to applicants for licensure as an operator.
(2) Collect fees as provided under this chapter.
(3) Explain appeal procedures to licensed operators and applicants and complaint procedures to the public.
(4) Receive applications for licensure, license applicants pursuant to this chapter, renew licenses, and revoke, reinstate, or condition licenses as ordered by an administrative law officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The Director, after consultation with the Commissioner of Health, shall adopt rules relating to infection control procedures and public health practices to be followed in the practice of tattooing, permanent cosmetics, and body piercing in order to protect the public from communicable diseases. The Commissioner shall also recommend standards of sanitation and sterilization for shops, including standards relating to separate areas and equipment for tattooing and body piercing and recommendations on the use of ear-piercing guns.
(c) The Director may adopt rules necessary to perform his or her duties pursuant to this chapter. These rules may include provisions governing the supervision and temporary licensure of tattoo artists, body piercers, and permanent cosmetologists, as may be necessary to allow this State to be a venue for appropriately regulated special events such as conventions, festivals, or professional conferences.
(d) The Director may inspect shops used for the practice of tattooing, permanent cosmetics, or body piercing. No fee shall be charged for initial inspections under this subsection; however, if the Director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged. The Director may waive all or a part of the reinspection fee in accordance with criteria established by rule. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 39; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2007, No. 163 (Adj. Sess.), § 35; 2017, No. 48, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4104. Advisor appointees

§ 4104. Advisor appointees
(a)(1) The Secretary of State shall appoint:
(A) a professional in the field of public health and medicine from a list of persons provided by the Commissioner of Health; and
(B) two licensed operators who have been practicing tattooing and body piercing for at least the three years immediately preceding appointment and who shall actively be engaged in the practice of tattooing and body piercing in Vermont during incumbency.
(2) The appointees shall be appointed to serve as advisors in matters relating to tattooing, permanent cosmetics, and body piercing. The appointees shall be appointed as set forth in 3 V.S.A. § 129b.
(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for that purpose. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2007, No. 29, § 62; 2013, No. 27, § 46; 2013, No. 138 (Adj. Sess.), § 44; 2017, No. 48, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4106. Renewals

§ 4106. Renewals
(a) Licenses and registrations shall be renewed every two years upon payment of the required fee.
(b) [Repealed.]
(c) As a condition of renewal, a licensee or registrant shall submit to the Director proof of at least three hours of continuing education in the area of universal precautions and infectious diseases. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 44; 2017, No. 48, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4108. Unprofessional conduct

§ 4108. Unprofessional conduct
(a) A licensed or registered operator or applicant shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) Using dishonest or misleading advertising.
(2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a client if the operator is intoxicated or under the influence of drugs.
(3) Sexual harassment of a client.
(4) Tattooing or body piercing a minor in violation of the provisions of section 4102 of this title.
(c) After hearing and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed or registered operator or applicant. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 62; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2017, No. 48, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 79 - Tattooists and Body Piercers › § 4109. Disclosure information

§ 4109. Disclosure information
The Director shall adopt rules requiring licensed operators to disclose to each new client before the first treatment the operator’s professional qualifications and experience, the infection control procedures and public health practices to be followed to protect the public from communicable diseases, the 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 operator and the client. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2017, No. 48, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4122. Prohibitions and penalties

§ 4122. Prohibitions and penalties
(a) No person shall perform any of the following acts:
(1) Practice naturopathic medicine in this State without a valid license issued in accordance with this chapter except as provided in section 4123 of this title.
(2) Use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a naturopathic physician unless the person is licensed in accordance with this chapter. A person licensed under this chapter may use the designations “N.D.,” “doctor of naturopathic medicine,” “naturopathic doctor,” “doctor of naturopathy,” or “naturopathic physician.”
(b) A person licensed under this chapter shall not perform any of the following acts:
(1) Prescribe, dispense, or administer any prescription medicines without obtaining from the Director the special license endorsement under subsection 4125(d) of this chapter.
(2) Perform surgical procedures, except for episiotomy and perineal repair associated with naturopathic childbirth.
(3) Use for therapeutic purposes any device regulated by the U.S. Food and Drug Administration (FDA) that has not been approved by the FDA.
(4) Perform naturopathic childbirth without obtaining from the Director the special license endorsement under subsection 4125(b) of this chapter.
(c) A person who violates any of the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 33, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 46; 2007, No. 29, § 64; 2007, No. 163 (Adj. Sess.), § 38; 2011, No. 116 (Adj. Sess.), § 58.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4123. Exemptions

§ 4123. Exemptions
(a) Nothing in this chapter shall be construed to prohibit any of the following:
(1) The practice of a profession by a person who is licensed, certified, or registered under other laws of this State and is performing services within the authorized scope of practice of that profession.
(2) The practice of naturopathic medicine by a person duly licensed to engage in the practice of naturopathic medicine in another state, territory, or the District of Columbia who is called into this State for consultation with a naturopathic physician licensed under this chapter.
(3) The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical college. The performance of services shall be pursuant to a course of instruction and under the supervision of an instructor, who shall be a naturopathic physician licensed in accordance with this chapter.
(4) The use or administration of over-the-counter medicines or other nonprescription agents.
(b) The provisions of subdivision 4122(a)(1) of this chapter, relating to the practice of naturopathic medicine, shall not be construed to limit or restrict in any manner the right of a practitioner of another health care profession from carrying on in the usual manner any of the functions related to that profession. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2005, No. 148 (Adj. Sess.), § 47; 2011, No. 116 (Adj. Sess.), § 59.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4124. Reporting contagious and infectious diseases; death certificates

§ 4124. Reporting contagious and infectious diseases; death certificates
Naturopathic physicians are subject to the provisions of the law relating to contagious and infectious diseases and to the issuance of birth and death certificates. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 34, eff. June 13, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4125. Director; duties

§ 4125. Director; duties
(a) The Director, with the advice of the advisor appointees, shall:
(1) provide general information to applicants for licensure as naturopathic physicians;
(2) administer fees collected under this chapter;
(3) administer examinations;
(4) explain appeal procedures to naturopathic physicians and applicants for licensure and complaint procedures to the public;
(5) receive applications for licensure under this chapter; issue and renew licenses; and revoke, suspend, reinstate, or condition licenses as ordered by an administrative law officer; and
(6) refer all disciplinary matters to an administrative law officer.
(b) The Director, with the advice of the advisor appointees, shall adopt rules necessary to perform the Director’s duties under this section, which shall include rules regulating a special license endorsement to practice naturopathic childbirth.
(c) [Repealed.]
(d) The Director, in consultation with the Commissioner of Health, shall adopt rules consistent with the Commissioner’s recommendations regulating a special license endorsement that shall authorize a naturopathic physician to prescribe, dispense, and administer prescription medicines. These rules shall require a naturopathic physician to pass a naturopathic pharmacology examination in order to obtain this special license endorsement. The naturopathic pharmacology examination shall be administered by the Director or the Director’s designee and shall test an applicant’s knowledge of the pharmacology, clinical use, side effects, and drug interactions of prescription medicines, including substances in the Vermont Department of Health’s regulated drugs rule.
(e)(1) The Director shall appoint an advisory committee to study and report to the Director and the Commissioner of Health on matters relating to the prescribing authority of naturopathic physicians under the special license endorsement, including recommendations if necessary for revisions to the administrative rules in order to ensure that naturopathic physicians prescribe, dispense, and administer prescription medicines within the scope of a naturopathic physician’s pharmacology education, training, and experience.
(2) The Committee shall be composed of at least seven members: two naturopathic physicians, two physicians licensed by the Board of Medical Practice or the Board of Osteopathic Physicians and Surgeons, a pharmacologist, a pharmacist, and a member of the public.
(3) Members of the Committee shall be entitled to compensation at the rate provided in 32 V.S.A. § 1010. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 2001, No. 129 (Adj. Sess.), § 35, eff. June 13, 2002; 2003, No. 60, § 22; 2005, No. 148 (Adj. Sess.), § 48; 2007, No. 163 (Adj. Sess.), § 39; 2011, No. 116 (Adj. Sess.), § 60; 2013, No. 138 (Adj. Sess.), § 46.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4126. Advisor appointees

§ 4126. Advisor appointees
(a) The Secretary of State shall appoint two naturopathic physicians licensed under this chapter to serve as advisors to the Director in matters relating to naturopathic physicians. They shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a full term.
(b) Appointees shall have at least three years of experience as a naturopathic physician during the period immediately preceding appointment and shall be actively practicing naturopathic medicine in Vermont and remain in good standing during incumbency.
(c) The Director shall seek the advice of the advisor appointees under this section in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for attendance at any meetings called by the Director for this purpose.
(d) [Repealed.] (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 2007, No. 29, § 65; 2019, No. 178 (Adj. Sess.), § 20, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4127. Eligibility for licensure

§ 4127. Eligibility for licensure
To be eligible for licensure as a naturopathic physician, an applicant shall satisfy all the following:
(1) Have been granted a degree of doctor of naturopathic medicine, or a degree determined by the Director to be essentially equivalent to such degree, from an approved naturopathic medical college.
(2) Be physically and mentally fit to practice naturopathic medicine.
(3) Pass a licensing examination approved by the Director by rule, unless the applicant is exempt from examination pursuant to section 4129 of this chapter.
(4) [Repealed.] (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2007, No. 163 (Adj. Sess.), § 40; 2011, No. 116 (Adj. Sess.), § 61.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4128. Application for licensure

§ 4128. Application for licensure
A person shall apply for a license under this chapter by filing with the Director an application provided by the Director accompanied by the required fees and evidence of eligibility. (Added 1995, No. 171 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4129. Waiver of licensing examination requirement

§ 4129. Waiver of licensing examination requirement
The Director shall waive the examination requirement if the applicant is a naturopathic physician regulated under the laws of another jurisdiction who is in good standing to practice naturopathic medicine in that jurisdiction and, in the opinion of the Director, the standards and qualifications required for regulation in that jurisdiction are at least equal to those required by this chapter. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2007, No. 163 (Adj. Sess.), § 41; 2011, No. 116 (Adj. Sess.), § 62.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4130. Biennial license renewal; continuing education

§ 4130. Biennial license renewal; continuing education
(a) The license to practice naturopathic medicine shall be renewed every two years by filing a renewal application on a form provided by the Director. The application shall be accompanied by the required fee and evidence of compliance with subsection (b) of this section.
(b) As a condition of renewal, a naturopathic physician shall complete a program of continuing education, approved by the Director, during the preceding two years. The Director shall not require more than 30 hours of continuing education biennially. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2007, No. 163 (Adj. Sess.), § 42; 2011, No. 116 (Adj. Sess.), § 63.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4131. Supervision

§ 4131. Supervision
A naturopathic physician licensed pursuant to this chapter shall be authorized to work independently and shall not require supervision by any other health care professional; provided, however, that this section shall not be construed to limit the regulatory authority of the Director or Office of Professional Regulation. (Added 2011, No. 96 (Adj. Sess.), § 5, eff. May 2, 2012.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 81 - Naturopathic Physicians › § 4132. Unprofessional conduct

§ 4132. Unprofessional conduct
(a) The following conduct and conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:
(1) Failing to use a complete or accurate title in professional activity.
(2) Conduct that evidences moral unfitness to practice naturopathic medicine.
(3) Harassing, intimidating, or abusing a patient.
(4) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board.
(5) Abandonment of a patient.
(6) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.
(7) Sexual harassment of a patient.
(8) Engaging in an inappropriate sexual act with a patient.
(9) Willful misrepresentation in treatments.
(10) Practicing naturopathic medicine in an area or areas in which the licensee is not trained to practice.
(11) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) The Director may refuse to accept the return of a license tendered by the subject of a disciplinary investigation and may notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against the licensee, provided that notice of charges against the licensee has been served or disciplinary action against that person has been taken.
(c) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(d) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensee or applicant. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 63; 1999, No. 133 (Adj. Sess.), § 33; 2001, No. 129 (Adj. Sess.), § 36, eff. June 13, 2002; 2015, No. 138 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4151a. Practice contexts; referral required for clinical care

§ 4151a. Practice contexts; referral required for clinical care
(a) A person licensed under this chapter may provide athletic training:
(1) by formal engagement with a team, school, college, university, league, or other sporting organization, to affiliated athletes participating in organized sports or athletic teams at an interscholastic, intramural, instructional, intercollegiate, amateur, or professional level;
(2) upon referral of an athlete or physically active individual to an athletic training clinic;
(3) by engagement with an employer or organization for the purpose of educating groups on the care and prevention of athletic and orthopedic injuries or conditioning appropriate to physical demands upon employees or members; or
(4) in a bona fide emergency necessitating response care of an injured athlete.
(b) Practice outside the settings set forth in subsection (a) of this section, including clinical practice without referral, exceeds an athletic trainer’s scope of practice. Such practice is not entitled to the protections of section 4160 of this chapter and may be sanctioned as unprofessional conduct. (Added 2019, No. 30, § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4152. Prohibition; offenses

§ 4152. Prohibition; offenses
(a) A person shall not use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed athletic trainer 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. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2003, No. 60, § 24; 2007, No. 29, § 66; 2019, No. 30, § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4153. Exemptions

§ 4153. Exemptions
The provisions of this chapter shall not apply to:
(1) a nonresident athletic trainer who does not otherwise practice in this State and who is employed by an out-of-state educational institution or a professional sports team, provided that the nonresident athletic trainer is certified by the National Athletic Trainers Association;
(2) [Repealed.]
(3) a person duly licensed under the laws of this State who is practicing within the scope of the profession for which the person is licensed; or
(4) the practice of athletic training that is incidental to a program of study by a person enrolled in an athletic training education program approved by the Director, or graduates of an approved athletic training education program working under the direct supervision of a person licensed under this chapter within 90 days following graduation from that program. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2003, No. 60, § 25; 2019, No. 30, § 24.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4154. Office of Professional Regulation

§ 4154. Office of Professional Regulation
(a) The Director shall:
(1) Provide general information to applicants for licensure as athletic trainers.
(2) Explain appeal procedures to licensed athletic trainers and applicants, and complaint procedures to the public.
(3) Administer fees as established by law.
(4) Receive applications for licensure, administer examinations, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses as ordered by an administrative law officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2003, No. 60, § 26.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4155. Advisor appointees

§ 4155. Advisor appointees
(a) The Secretary of State shall appoint two athletic trainers as advisors in matters relating to athletic training. The advisors shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments may be for less than a four-year term. Appointees shall have not less than three years’ experience as an athletic trainer immediately preceding appointment and shall be actively engaged in the practice of athletic training in this State during incumbency.
(b) The Director shall seek the advice of the athletic trainer advisors in carrying out provisions of this chapter. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2007, No. 29, § 67.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4156. Eligibility

§ 4156. Eligibility
To be eligible for licensure as an athletic trainer, an applicant shall have:
(1) graduated from an athletic training program that is accredited by an agency recognized by the U.S. Department of Education or the Council on Post-Secondary Accreditation; and
(2) passed an examination approved by the Director. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2003, No. 60, § 27.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4157. Licensure without examination

§ 4157. Licensure without examination
The Director may, upon payment of the required fee, grant licensure without examination if the applicant is licensed or certified in good standing to practice athletic training in another jurisdiction with regulatory requirements substantially equivalent to those in this State. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2003, No. 60, § 28.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 83 - Athletic Trainers › § 4160. Coordination of practice acts

§ 4160. Coordination of practice acts
Notwithstanding any provision of law to the contrary, the practice of athletic training by a person licensed under this chapter shall not constitute unauthorized practice of any other profession regulated under this title, provided the person is acting within the scope of his or her profession as an athletic trainer and does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed or certified. Nothing in this chapter shall be construed to prevent persons licensed as athletic trainers from performing patient care activities under the supervision of licensed health care providers. (Added 1997, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2003, No. 60, § 33.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4181. Definitions

§ 4181. Definitions
The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Licensed Midwife (LM)” means anyone who has met the requirements set down by the North American Registry of Midwives and who meets the eligibility criteria set forth in this chapter.
(3) “Midwifery” means the provision of care, support, and education to healthy women during the childbearing cycle, including normal pregnancy, labor, childbirth, and the postpartum period. Such care occurs in collaboration and consultation with other health care providers, and can appropriately occur at home, in birthing centers, or in medical facilities. Such care, support, and education may relate to:
(A) appropriate measures that promote and maintain the health of the mother and baby;
(B) the availability of birthing alternatives;
(C) the prevention or reduction of risk to the mother and baby;
(D) the detection of abnormal conditions;
(E) the procurement of appropriate medical assistance;
(F) the execution of emergency measures;
(G) the provision of newborn care and appropriate screening; and
(H) the provision of wellwoman health care.
(4) “Midwifery educational process” means a course of study that includes a combination of apprenticeship, self-teaching, experience, formal instruction, correspondence work or at-distance learning, and practice in nonmedical settings, usually the home, but sometimes freestanding birth centers, approved or accredited, or both, by the Midwifery Education Accreditation Council.
(5) “NARM” means the North American Registry of Midwives.
(6) [Repealed.] (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001; 2019, No. 178 (Adj. Sess.), § 21, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4182. Exemptions

§ 4182. Exemptions
In recognition that, in Vermont, a variety of practitioners provides care to women during pregnancy and birth, this chapter does not apply to the following:
(1) Certified nurse midwives authorized under the Board of Nursing to practice in Vermont, unless they have chosen to become licensed midwives. Notwithstanding this subsection, certified nurse midwives who choose to become licensed midwives remain subject to the jurisdiction of the Board of Nursing as well as to the provisions of this chapter.
(2) Licensed physicians or other licensed health care providers authorized to provide midwifery care.
(3) Student midwives in training with licensed midwives. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4183. Eligibility

§ 4183. Eligibility
A person shall be eligible to be licensed as a midwife, if the person has:
(1) certification as a certified professional midwife (CPM) by the North American Registry of Midwives;
(2) earned a high school degree or its equivalent as a basis for entry into the study of midwifery; and
(3) agreed to practice according to the scope and standards of practice as required by rules adopted pursuant to section 4185 of this title. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4184. Application for and issuance of license

§ 4184. Application for and issuance of license
To become a licensed midwife, a person shall apply to the Director on a form the Director shall furnish. The application shall be accompanied by the specified fee and evidence that the person meets the eligibility requirements of section 4183 of this title. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4185. Director; duties

§ 4185. Director; duties
(a) The Director shall:
(1) provide general information to applicants for licensure as midwives;
(2) explain appeal procedures to licensed midwives and applicants and complaint procedures to the public;
(3) administer fees as established by law;
(4) receive applications for licensure, administer examinations, provide licenses to applicants qualified under this chapter, renew, revoke, and reinstate licenses as ordered by an administrative law officer; and
(5) refer all disciplinary matters to an administrative law officer.
(b)(1) The Director shall adopt general rules necessary to perform his or her duties under this chapter, maintain and make available a list of approved programs for continuing education and, by January 1, 2001, in consultation with the Commissioner of Health, the Vermont Medical Society, and the Vermont chapter of the American College of Nurse-Midwives, adopt specific rules defining the scope and practice standards, including risk-assessment criteria, based at a minimum, on the practice standards of the Midwives Alliance of North America (MANA), and defining a protocol and formulary for drug use by licensed midwives, including anti-hemorrhagic drugs and oxygen.
(2)(A) Once initially established by rule, the formulary for medication use by licensed midwives, including anti-hemorrhagic agents and oxygen, shall be updated by the Director as necessary, subject to the approval of the Commissioner of Health and notwithstanding the provisions of 3 V.S.A. chapter 25.
(B) The Director shall update the protocol and formulary in consultation with the Commissioner of Health or designee, the Vermont Midwives Association, the Vermont Medical Society, and the Vermont chapter of the American College of Nurse-Midwives to ensure licensed midwives have available those medications deemed necessary to maintain best practice standards and deemed necessary for licensed midwives to provide prenatal and postpartum care consistent with accepted and prevailing standards of care for mothers and their babies.
(c)(1) The Director shall appoint an advisory committee to study and report to the Director and to the Commissioner of Health on matters relating to midwifery, including recommendations if necessary for revisions to the administrative rules. The Committee shall focus on improving communication and collaboration among birth providers.
(2) The Committee shall be composed of at least six members: three midwives licensed under this chapter, two physicians licensed by the Board of Medical Practice or the Board of Osteopathic Physicians and Surgeons, and one advanced practice registered nurse midwife licensed by the Board of Nursing.
(3) Members of the Committee shall be entitled to compensation at the rate provided in 32 V.S.A. § 1010. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001; amended 2007, No. 29, § 68; 2013, No. 138 (Adj. Sess.), § 47; 2019, No. 178 (Adj. Sess.), § 21, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4186. Advisor appointees

§ 4186. Advisor appointees
(a) The Secretary of State shall appoint two licensed midwives and one physician, licensed under chapter 23 of this title and who has professional experience with home births, to serve as advisors in matters relating to licensed midwives. 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 five years.
(b) The midwife appointees shall not have less than three years’ experience as midwives qualified to be licensed under this chapter during the period immediately preceding appointment and shall be actively engaged in midwifery during their incumbency.
(c) The Office of Professional Regulation shall investigate complaints regarding licensed midwives or applicants for licensing or renewal and, when appropriate, refer them to an administrative law officer established under 3 V.S.A. § 129(j).
(d) The Director shall seek the advice of the persons appointed under this section in carrying out the provisions of this chapter. Such appointees 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 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4187. Renewals

§ 4187. Renewals
(a)(1) Biennially, the Director shall forward a renewal form to each licensed midwife. The completed form shall include verification that during the preceding two years, the licensed midwife has:
(A) completed 20 hours of continuing education approved by the Director by rule;
(B) participated in at least four peer reviews;
(C) submitted individual practice data;
(D) maintained current cardiopulmonary resuscitation certification; and
(E) filed a timely certificate of birth for each birth at which he or she was the attending midwife, as required by law.
(2) Upon receipt of the completed form and of the renewal fee, the Director shall issue a renewal license to applicants who qualify under this section.
(b) The Director shall renew a license that has lapsed for a period of three years or less upon receipt of the renewal fee and late renewal penalty, the reinstatement fee, and an application for renewal that shows that the person still meets the eligibility requirements of this chapter and that all the requirements for renewal, including continuing education, have been satisfied. A person shall not be required to pay renewal fees for lapsed years.
(c) The Director may adopt rules to assure that an applicant whose license has lapsed for a period greater than three years may be eligible for licensing, but such rules shall not establish requirements greater than the eligibility requirements of this chapter. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001; amended 2011, No. 35, § 5, eff. May 18, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4188. Unprofessional conduct

§ 4188. Unprofessional conduct
(a) A licensed midwife or applicant for licensing, renewal, or reinstatement shall not engage in unprofessional conduct.
(b) Unprofessional conduct shall include the conduct prohibited by 3 V.S.A. § 129a and by this section, whether or not taken by a license holder:
(1) failing to provide for informed consent, or exercising undue influence on or taking improper advantage of a person using midwifery services;
(2) willfully making or filing false reports or records in the practice of midwifery, obstructing that filing, or willfully failing to file required reports or records, including birth certificates;
(3) engaging in abusive behavior of any kind with clients.
(c) After a hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed midwife or applicant. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4189. Prohibition; offenses

§ 4189. Prohibition; offenses
(a) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed midwife, unless the person is licensed in accordance with this chapter. However, a person may use any designation issued by a state or nationally recognized organization, as long as the name of that organization is clearly used with the designation.
(b) No person shall practice midwifery in this State without a valid license issued in accordance with this chapter except as provided in section 4182 of this title.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001; amended 2007, No. 29, § 69.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4190. Written plan for consultation, emergency transfer, and transport

§ 4190. Written plan for consultation, emergency transfer, and transport
(a) Every licensed midwife shall develop a written plan for consultation with physicians licensed under chapter 23 of this title and other health care providers for emergency transfer, for transport of an infant to a newborn nursery or neonatal intensive care nursery, and for transport of a woman to an appropriate obstetrical department or patient care area. The written plan shall be submitted to the Director on an approved form with the application required by section 4184 of this title and biennially thereafter with the renewal form required by section 4187 of this title. The written transport plan shall be reviewed and approved by the advisors appointed pursuant to section 4186 of this title and shall be provided to any health care facility or health care professional identified in the plan. The Director, in consultation with the advisors, the Commissioner of Health, and other interested parties, shall develop a single, uniform form for use in all cases in which a transfer or transport occurs, which shall include the medical information needed by the facility or professional receiving the transferred or transported patient.
(b)(1) A licensed midwife shall, within 30 days of a birth or sentinel event, complete any peer review that is both required by rules governing licensed midwives and that is generated due to a death, significant morbidity to client or child, transfer to hospital, or to practice performed outside the standards for midwives as set forth in the rules governing licensed midwives. This peer review report shall be submitted to the Office of Professional Regulation within 30 days of its completion.
(2) During the peer review process, other health care professionals engaged in the care or treatment of the client may provide written input to the peer review panel related to quality assurance and other matters within or related to the licensed midwife’s scope of practice. The written comments shall be filed with the Office of Professional Regulation and subject to the same confidentiality provisions as apply to other documents related to peer reviews. Upon completion of the peer review process, the Director shall provide notice of the final disposition of the peer review to all health care professionals who submitted input pursuant to this subdivision. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001; amended 2007, No. 29, § 70; 2011, No. 35, § 6, eff. May 18, 2011.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 85 - Midwives › § 4191. Informed consent

§ 4191. Informed consent
A licensed midwife shall provide each client with and maintain a record of a signed informed consent form that describes the midwife’s education and credentials, whether the midwife has professional liability insurance coverage, procedures and risks of home birth, a copy of the emergency plan required by section 4190 of this title, and the address and phone number of the Office of Professional Regulation where complaints may be filed. (Added 1999, No. 133 (Adj. Sess.), § 44, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 86 - Electrologists › § 4401. Purpose

§ 4401. Purpose
The General Assembly finds that the public’s health would be better protected if services by electrologists were regulated, because the unregulated practice of electrology can harm or endanger the health, safety, or welfare of the public through use of improper sterilization and infection control procedures. Electrology is the procedure performed to remove hair permanently from the human body. This is accomplished by inserting a fine, sterile needle into the hair follicle and applying a measured amount of electricity to produce heat or a chemical reaction to permanently destroy the hair follicle’s germinating capacity. The practice of electrology requires adherence to strict sanitary and sterilization processes and, therefore, regulation should be by licensure of electrologists. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 101.)